[Congressional Record Volume 142, Number 84 (Monday, June 10, 1996)]
[House]
[Pages H6051-H6084]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
IDEA IMPROVEMENT ACT OF 1996
Mr. GOODLING. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3268) to amend the Individuals with Disabilities Education
Act, to reauthorize and make improvements to that Act, and for other
purposes, as amended.
The Clerk read as follows:
H.R. 3268
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 ``IDEA Improvement Act of
1996''.
TITLE I--AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT
SEC. 101. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
Parts A through D of the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.) are amended to read as
follows:
``PART A--GENERAL PROVISIONS
``SEC. 601. SHORT TITLE; TABLE OF CONTENTS; FINDINGS;
PURPOSES.
``(a) Short Title.--This title may be cited as the
`Individuals with Disabilities Education Act'.
``(b) Table of Contents.--The table of contents for this
title is as follows:
``Part A--General Provisions
``Sec. 601. Short title; table of contents; findings; purposes.
``Sec. 602. Definitions.
``Sec. 603. Office of Special Education Programs.
``Sec. 604. Abrogation of State sovereign immunity.
``Sec. 605. Requirements for prescribing regulations.
``Sec. 606. Employment of individuals with disabilities.
``Part B--Assistance for Education of All Children With Disabilities
``Sec. 611. Authorization; allotment; use of funds; authorization of
appropriations.
``Sec. 612. State requirements.
``Sec. 613. Local educational agency requirements.
``Sec. 614. Evaluations, reevaluations, individualized education
programs, and educational placements.
``Sec. 615. Procedural safeguards.
``Sec. 616. Withholding and judicial review.
``Sec. 617. Administration.
``Sec. 618. Program information.
``Sec. 619. Preschool grants.
``Part C--Infants and Toddlers With Disabilities
``Sec. 631. Findings and policy.
``Sec. 632. Definitions.
``Sec. 633. General authority.
``Sec. 634. Eligibility.
``Sec. 635. Requirements for Statewide system.
``Sec. 636. Individualized family service plan.
``Sec. 637. State application and assurances.
``Sec. 638. Uses of funds.
``Sec. 639. Procedural safeguards.
``Sec. 640. Payor of last resort.
``Sec. 641. State interagency coordinating council.
``Sec. 642. Federal administration.
``Sec. 643. Allocation of funds.
``Sec. 644. Authorization of appropriations.
[[Page H6052]]
``Part D--National Activities to Improve Education of Children With
Disabilities
``Sec. 651. Purpose of part.
``Sec. 652. Eligibility for financial assistance.
``Sec. 653. Comprehensive plan.
``Sec. 654. Peer review.
``Sec. 655. Eligible applicants.
``Sec. 656. Applicant and recipient responsibilities.
``Sec. 657. Indirect costs.
``Sec. 658. Program evaluation.
``SUBPART 1--NATIONAL RESEARCH AND IMPROVEMENT ACTIVITIES
``Sec. 661. General authority to make awards.
``Sec. 662. Priorities.
``Sec. 663. National assessment.
``Sec. 664. Authorization of appropriations.
``SUBPART 2--PROFESSIONAL DEVELOPMENT
``Sec. 671. Purpose.
``Sec. 672. Finding.
``Sec. 673. National activities.
``Sec. 674. Professional development for personnel serving low-
incidence populations.
``Sec. 675. Leadership personnel.
``Sec. 676. Service obligation.
``Sec. 677. Outreach.
``SUBPART 3--STATE PROGRAM IMPROVEMENT GRANTS FOR CHILDREN WITH
DISABILITIES
``Sec. 681. Purpose.
``Sec. 682. Eligibility and collaborative process.
``Sec. 683. State improvement plans.
``Sec. 684. Use of funds.
``Sec. 685. Minimum State allotments.
``Sec. 686. Authorization of appropriations.
``SUBPART 4--PARENT TRAINING
``Sec. 691. Grants for parent training and information centers.
``Sec. 692. Technical assistance for parent training and information
centers.
``Sec. 693. Authorization of appropriations.
``(c) Findings.--The Congress finds the following:
``(1) Disability is a natural part of the human experience
and in no way diminishes the right of individuals to
participate in or contribute to society. Improving
educational results for children with disabilities is an
essential element of our national policy of ensuring equality
of opportunity, full participation, independent living, and
economic self-sufficiency for individuals with disabilities.
``(2) Before the date of the enactment of the Education for
All Handicapped Children Act of 1975 (Public Law 94-142)--
``(A) the special educational needs of children with
disabilities were not being fully met;
``(B) more than one-half of the children with disabilities
in the United States did not receive appropriate educational
services that would enable such children to have full
equality of opportunity;
``(C) 1,000,000 of the children with disabilities in the
United States were excluded entirely from the public school
system and did not go through the educational process with
their peers;
``(D) there were many children with disabilities throughout
the United States participating in regular school programs
whose disabilities prevented such children from having a
successful educational experience because their disabilities
were undetected; and
``(E) because of the lack of adequate services within the
public school system, families were often forced to find
services outside the public school system, often at great
distance from their residence and at their own expense.
``(3) Since the enactment and implementation of the
Education for All Handicapped Children Act of 1975, this Act
has been successful in ensuring children with disabilities
and the families of such children access to a free
appropriate public education and in improving educational
results for children with disabilities.
``(4) However, the implementation of this Act has been
impeded by low expectations, and an insufficient focus on
applying replicable research on proven methods of teaching
and learning for children with disabilities.
``(5) 20 years of research and experience has demonstrated
that the education of children with disabilities can be made
more effective by--
``(A) having high expectations for such children and
ensuring their access in the general curriculum to the
maximum extent possible;
``(B) ensuring that families of such children have
meaningful opportunities to participate in the education of
their children at school and at home;
``(C) coordinating this Act with other local, educational
service agency, State, and Federal school improvement efforts
in order to ensure that such children benefit from such
efforts and that special education can become a service for
such children rather than a place where they are sent;
``(D) providing appropriate special education and related
services and aids and supports in the regular classroom to
such children, whenever appropriate;
``(E) supporting high-quality, intensive professional
development for all personnel who work with such children in
order to ensure that they have the skills and knowledge
necessary to enable them--
``(i) to meet developmental goals and, to the maximum
extent possible, those challenging expectations that have
been established for all children; and
``(ii) to be prepared to lead productive, independent,
adult lives, to the maximum extent possible;
``(F) providing incentives for whole-school approaches and
early intervention to reduce the need to label children as
disabled in order to address their learning needs; and
``(G) focusing resources on teaching and learning while
reducing paperwork and requirements that do not assist in
improving educational results.
``(6) While States, local educational agencies, and
educational service agencies are responsible for providing an
education for all children with disabilities, it is in the
national interest that the Federal Government have a role in
assisting State and local efforts to educate children with
disabilities in order to improve results for such children
and to ensure equal protection of the law.
``(7)(A) The Federal Government must be responsive to the
growing needs of an increasingly more diverse society. A more
equitable allocation of resources is essential for the
Federal Government to meet its responsibility to provide an
equal educational opportunity for all individuals.
``(B) America's racial profile is rapidly changing. Between
1980 and 1990, the rate of increase in the population for
white Americans was 6 percent, while the rate of increase for
racial and ethnic minorities was much higher: 53 percent for
Hispanics, 13.2 percent for African-Americans, and 107.8
percent for Asians.
``(C) By the year 2000, this Nation will have 275,000,000
people, nearly one of every three of whom will be either
African-American, Hispanic, Asian-American, or American
Indian.
``(D) Taken together as a group, minority children are
comprising an ever larger percentage of public school
students. Large city school populations are overwhelmingly
minority, e.g., for fall 1993, the figure for Miami was 84
percent; Chicago, 89 percent; Philadelphia, 78 percent;
Baltimore, 84 percent; Houston, 88 percent; and Los Angeles,
88 percent.
``(E) Recruitment efforts within special education at the
level of preservice, continuing education, and practice must
focus on bringing larger numbers of minorities into the
profession in order to provide appropriate practitioner
knowledge, role models, and sufficient manpower to address
the clearly changing demography of special education.
``(F) The limited English proficient population is the
fastest growing in our Nation, and the growth is occurring in
many parts of our Nation. In the Nation's 2 largest school
districts, limited English students make up almost half of
all students initially entering school at the kindergarten
level. Studies have documented apparent discrepancies in the
levels of referral and placement of limited English
proficient children in special education. The Department of
Education has found that services provided to limited English
proficient students often do not respond primarily to the
pupil's academic needs. These trends pose special challenges
for special education in the referral, assessment, and
services for our Nation's students from non-English language
backgrounds.
``(8)(A) Greater efforts are needed to prevent the
intensification of problems connected with mislabeling and
high dropout rates among minority children with disabilities.
``(B) More minority children continue to be served in
special education than would be expected from the percentage
of minority students in the general school population.
``(C) Poor African-American children are 3.5 times more
likely to be identified by their teacher as mentally retarded
than their white counterpart.
``(D) Although African-Americans represent 12 percent of
elementary and secondary enrollments, they constitute 28
percent of total enrollments in special education.
``(E) The drop out rate is 68 percent higher for minorities
than for whites.
``(F) More than 50 percent of minority students in large
cities drop out of school.
``(9)(A) The opportunity for full participation in awards
for grants and contracts; boards of organizations receiving
funds under this Act; and peer review panels; and training of
professionals in the area of special education by minority
individuals, organizations, and historically Black colleges
and universities is essential if we are to obtain greater
success in the education of minority children with
disabilities.
``(B) In 1989, of the 661,000 college and university
professors, 4.6 percent were African-American and 3.1 percent
were Hispanic. Of the 3,600,000 teachers, prekindergarten
through high school, 9.4 percent were African-American and
3.9 percent were Hispanic.
``(C) Students from minority groups comprise more than 50
percent of K-12 public school enrollment in seven States yet
minority enrollment in teacher training programs is less than
15 percent in all but six States.
``(D) As the number of African-American and Hispanic
students in special education increases, the number of
minority teachers and related service personnel produced in
our colleges and universities continues to decrease.
[[Page H6053]]
``(E) Ten years ago, 12.5 percent of the United States
teaching force in public elementary and secondary schools
were members of a minority group. Minorities comprised 21.3
percent of the national population at that time and were
clearly underrepresented then among employed teachers. Today,
the elementary and secondary teaching force is 3 to 5 percent
minority, while one-third of the students in public schools
are minority children.
``(F) As recently as 1991, Historically Black Colleges and
Universities enrolled 44 percent of the African-American
teacher trainees in the Nation. However, in 1993,
Historically Black Colleges and Universities received only 4
percent of the discretionary funds for special education and
related services personnel training under this Act.
``(G) While African-American students constitute 28 percent
of total enrollment in special education, only 11.2 percent
of individuals enrolled in preservice training programs for
special education are African-American.
``(H) In 1986-87, of the degrees conferred in education at
the B.A., M.A., and Ph.D levels, only 6, 8, and 8 percent,
respectively, were awarded to African-American or Hispanic
students.
``(10) Minorities and underserved persons are socially
disadvantaged because of the lack of opportunities in
training and educational programs, undergirded by the
practices in the private sector that impede their full
participation in the mainstream of society.
``(d) Purposes.--The purposes of this title are--
``(1) to ensure that all children with disabilities have
available to them a free appropriate public education that
emphasizes special education and related services designed to
meet their unique needs and prepare them for employment and
independent living;
``(2) to ensure that the rights of children with
disabilities and parents of such children are protected;
``(3) to assist States, localities, education service
agencies, and Federal agencies to provide for the education
of all children with disabilities; and
``(4) to assess, and ensure the effectiveness of, efforts
to educate children with disabilities.
``SEC. 602. DEFINITIONS.
``As used in this title:
``(1) Assistive technology device.--The term `assistive
technology device' means any item, piece of equipment, or
product system, whether acquired commercially off the shelf,
modified, or customized, that is used to increase, maintain,
or improve functional capabilities of a child with a
disability.
``(2) Assistive technology service.--The term `assistive
technology service' means any service that directly assists a
child with a disability in the selection, acquisition, or use
of an assistive technology device. Such term includes--
``(A) the evaluation of the needs of such child, including
a functional evaluation of the child in the child's customary
environment;
``(B) purchasing, leasing, or otherwise providing for the
acquisition of assistive technology devices by such child;
``(C) selecting, designing, fitting, customizing, adapting,
applying, maintaining, repairing, or replacing of assistive
technology devices;
``(D) coordinating and using other therapies,
interventions, or services with assistive technology devices,
such as those associated with existing education and
rehabilitation plans and programs;
``(E) training or technical assistance for such child, or,
where appropriate, the family of such child; and
``(F) training or technical assistance for professionals
(including individuals providing education and rehabilitation
services), employers, or other individuals who provide
services to, employ, or are otherwise substantially involved
in the major life functions of such child.
``(3) Child with a disability.--
``(A) In general.--The term `child with a disability' means
a child--
``(i) with mental retardation, hearing impairments
(including deafness), speech or language impairments, visual
impairments (including blindness), serious emotional
disturbance, orthopedic impairments, autism, traumatic brain
injury, other health impairments, or specific learning
disabilities; and
``(ii) who, by reason thereof, needs special education and
related services.
``(B) Child aged 3 to 9.--The term `child with a
disability' for a child aged 3 to 9, inclusive, may, at the
discretion of the State and the local educational agency,
include a child--
``(i) experiencing developmental delays, as defined by the
State and as measured by appropriate diagnostic instruments
and procedures, in one or more of the following areas:
physical development, cognitive development, communication
development, social or emotional development, or adaptive
development; and
``(ii) who, by reason thereof, needs special education and
related services.
``(4) Educational service agency.--The term `educational
service agency'--
``(A) means a regional public multiservice agency--
``(i) authorized by State law to develop, manage, and
provide services or programs to local educational agencies;
and
``(ii) recognized as an administrative agency for purposes
of the provision of special education and related services
provided within public elementary and secondary schools of
the State; and
``(B) includes any other public institution or agency
having administrative control and direction over a public
elementary or secondary school.
``(5) Elementary school.--The term `elementary school'
means a day or residential school which provides elementary
education, as determined under State law, policy, or
procedure.
``(6) Equipment.--The term `equipment' includes--
``(A) machinery, utilities, and built-in equipment and any
necessary enclosures or structures to house such machinery,
utilities, or equipment; and
``(B) all other items necessary for the functioning of a
particular facility as a facility for the provision of
educational services, including items such as instructional
equipment and necessary furniture, printed, published, and
audio-visual instructional materials, telecommunications,
sensory, and other technological aids and devices, and books,
periodicals, documents, and other related materials.
``(7) Excess costs.--The term `excess costs' means those
costs which are in excess of the average annual per student
expenditure in a local educational agency during the
preceding school year for an elementary or secondary school
student, as may be appropriate, and which shall be computed
after deducting--
``(A) amounts received--
``(i) under part B of this title;
``(ii) under part A of title I of the Elementary and
Secondary Education Act of 1965; or
``(iii) under part A of title VII of such Act; and
``(B) any State or local funds expended for programs that
would qualify for assistance under any such part.
``(8) Free appropriate public education.--The term `free
appropriate public education' means special education and
related services that--
``(A) have been provided at public expense, under public
supervision and direction, and without charge;
``(B) meet the standards of the State educational agency;
``(C) include an appropriate preschool, elementary, or
secondary school education in the State involved; and
``(D) are provided in conformity with the individualized
education program required under section 614(d).
``(9) Indian.--The term `Indian' means an individual who is
a member of an Indian tribe.
``(10) Indian tribe.--The term `Indian tribe' means any
Federal or State Indian tribe, band, rancheria, pueblo,
colony, or community, including any Alaskan native village or
regional village corporation (as defined in or established
under the Alaska Native Claims Settlement Act).
``(11) Individualized education program.--The term
`individualized education program' or `IEP' means a written
statement for each child with a disability that is developed,
reviewed, and revised in accordance with section 614(d) and
that includes--
``(A) a statement of the child's present levels of
educational performance, including--
``(i) how the child's disability affects the child's
involvement and progress in the general curriculum; or
``(ii) for preschool children, as appropriate, how the
disability affects the child's participation in appropriate
activities;
``(B) a statement of measurable annual goals, including
benchmarks or short-term objectives, related to--
``(i) meeting the child's needs that result from the
child's disability to enable the child to be involved in and
progress in the general curriculum; and
``(ii) meeting each of the child's other educational needs
that result from the child's disability;
``(C) a statement of how the classroom was adapted before
the student was referred for identification as a child with a
disability;
``(D) a justification of the extent, if any, to which the
child will not be educated with nondisabled children;
``(E) a statement of the special education and related
services and supplementary aids and services to be provided
to the child, or on behalf of the child, and any program
modifications or support for school personnel necessary for
the child--
``(i) to progress toward the attainment of the annual goals
described in subparagraph (B); and
``(ii) to be involved and progress in the general
curriculum in accordance with subparagraph (A) and to
participate in extracurricular and other nonacademic
activities;
``(F)(i) a statement of any individual modifications in the
administration of State or districtwide assessments of
student achievement that are needed in order for the child to
participate in such assessment; and
``(ii) if the individualized education program team
determines that the child will not participate in a
particular State or districtwide assessment of student
achievement (or part of such an assessment), a statement of--
``(I) why that assessment is not appropriate for the child;
and
``(II) how the child will be assessed;
``(G) the projected date for the beginning of the services
and modifications described in subparagraph (E), and the
anticipated frequency, location, and duration of those
services and modifications;
[[Page H6054]]
``(H)(i) beginning at age 14, and updated annually, a
statement of the transition service needs of the child under
the applicable components of the child's IEP that focuses on
the child's courses of study (such as participation in
advanced-placement courses or a vocational education or
school-to-work program);
``(ii) beginning at age 16 (or younger, if determined
appropriate by the IEP Team), a statement of needed
transition services for the child, including, when
appropriate, a statement of the interagency responsibilities
or any needed linkages; and
``(iii) beginning at least one year before the child
reaches the age of majority under State law, a statement that
the child has been informed of his or her rights under this
title, if any, that will transfer to the child on reaching
the age of majority under section 615(m); and
``(I) a statement of--
``(i) how the child's progress toward the annual goals
described in subparagraph (B) will be measured; and
``(ii) how the child's parents will be regularly informed
(by such means as periodic report cards), at least as often
as parents are informed of their nondisabled children's
progress, of--
``(I) their child's progress toward the annual goals
described in subparagraph (B); and
``(II) the extent to which that progress is sufficient to
enable the child to achieve the objectives by the end of the
year.
``(12) Individualized education program team.--The term
`individualized education program team' or `IEP Team' means a
group of individuals composed of--
``(A) the parents of a child with a disability;
``(B) at least one regular education teacher of such child
(if the child is, or may be, participating in the regular
education environment);
``(C) at least one special education teacher, or where
appropriate, at least one special education provider of such
child;
``(D) a representative of the local educational agency
who--
``(i) is qualified to provide, or supervise the provision
of, specially designed instruction to meet the unique needs
of children with disabilities;
``(ii) is knowledgeable about the general curriculum; and
``(iii) is knowledgeable about the availability of
resources of the local educational agency;
``(E) whenever appropriate, the child with a disability;
and
``(F) at the discretion of the parent or the agency, other
individuals who have special expertise or knowledge regarding
the abilities and disability or disabilities of the child,
including, as appropriate, related services personnel who are
or who will be working with the child.
``(13) Institution of higher education.--The term
`institution of higher education'--
``(A) has the meaning given that term in section 1201(a) of
the Higher Education Act of 1965; and
``(B) also includes any community college receiving funding
from the Secretary of the Interior under the Tribally
Controlled Community College Assistance Act of 1978.
``(14) Local educational agency.--The term `local
educational agency' means--
``(A) a public board of education or other public authority
legally constituted within a State for either administrative
control or direction of, or to perform a service function
for, public elementary or secondary schools in a city,
county, township, school district, or other political
subdivision of a State, or for a combination of school
districts or counties as are recognized in a State as an
administrative agency for its public elementary or secondary
schools;
``(B) any other public institution or agency having
administrative control and direction of a public elementary
or secondary school; or
``(C) an educational service agency.
``(15) Native language.--The term `native language', when
used with reference to an individual of limited English
proficiency, means the language normally used by the
individual, or in the case of a child, the language normally
used by the parents of the child, and includes American Sign
Language.
``(16) Nonprofit.--The term `nonprofit' as applied to a
school, agency, organization, or institution means a school,
agency, organization, or institution owned and operated by
one or more nonprofit corporations or associations no part of
the net earnings of which inures, or may lawfully inure, to
the benefit of any private shareholder or individual.
``(17) Parent.--The term `parent' includes a legal guardian
or surrogate parent.
``(18) Parent organization.--The term `parent organization'
means a private nonprofit organization (but not including an
institution of higher education) that--
``(A) has a board of directors--
``(i) the majority of whom are parents of children with
disabilities;
``(ii) that includes--
``(I) individuals working in the fields of special
education, related services, and early intervention; and
``(II) individuals with disabilities; and
``(iii) the parent and professional members of which are
broadly representative of the population to be served; or
``(B)(i) represents the interests of individuals with
disabilities and has established a special governing
committee which meets the requirements of subparagraph (A);
and
``(ii) has a memorandum of understanding between the
special governing committee and the board of directors of the
organization which clearly outlines the relationship between
the board and the committee and the decisionmaking
responsibilities and authority of each.
``(19) Parent training and information center.--The term
`parent training and information center' means a center
that--
``(A) provides training and information that meets the
training and information needs of parents of children with
disabilities living in the area served by the center; and
``(B) assists parents--
``(i) to better understand the nature of their children's
disabilities and their educational and developmental needs;
``(ii) to communicate effectively with personnel
responsible for providing special education, early
intervention, and related services;
``(iii) to participate in decisionmaking processes and the
development of the IEP;
``(iv) to obtain appropriate information about the range of
options, programs, services, and resources available to
assist children with disabilities and their families;
``(v) to understand the programs under this title for the
education of, and the provision of early intervention
services to, children with disabilities; and
``(vi) to participate in school reform activities.
``(20) Related services.--The term `related services' means
transportation, and such developmental, corrective, and other
supportive services (including speech-language pathology and
audiology services, psychological services, physical and
occupational therapy, recreation, including therapeutic
recreation, social work services, counseling services,
including rehabilitation counseling, orientation and mobility
services, and medical services, except that such medical
services shall be for diagnostic and evaluation purposes
only) as may be required to assist a child with a disability
to benefit from special education, and includes the early
identification and assessment of disabling conditions in
children.
``(21) Secondary school.--The term `secondary school' means
a day or residential school which provides secondary
education, as determined under State law, policy, or
procedure, except that it does not include any education
provided beyond grade 12.
``(22) Secretary.--The term `Secretary' means the Secretary
of Education.
``(23) Special education.--The term `special education'
means specially designed instruction, at no cost to parents,
to meet the unique needs of a child with a disability,
including--
``(A) instruction conducted in the classroom, in the home,
in hospitals and institutions, and in other settings; and
``(B) instruction in physical education.
``(24) Specific learning disability.--
``(A) In general.--The term `specific learning disability'
means a disorder in one or more of the basic psychological
processes involved in understanding or in using language,
spoken or written, which disorder may manifest itself in
imperfect ability to listen, think, speak, read, write,
spell, or do mathematical calculations.
``(B) Disorders included.--Such term includes such
conditions as perceptual disabilities, brain injury, minimal
brain dysfunction, dyslexia, and developmental aphasia.
``(C) Disorders not included.--Such term does not include a
learning problem that is primarily the result of visual,
hearing, or motor disabilities, of mental retardation, of
emotional disturbance, or of environmental, cultural, or
economic disadvantage.
``(25) State.--The term `State' means each of the 50
States, the District of Columbia, the Commonwealth of Puerto
Rico, and each of the territories.
``(26) State educational agency.--The term `State
educational agency' means the State board of education or
other agency or officer primarily responsible for the State
supervision of public elementary and secondary schools, or,
if there is no such officer or agency, an officer or agency
designated by the Governor or by State law.
``(27) Supplementary aids and services.--The term
`supplementary aids and services' means, aids, services, and
other supports that are provided in regular education classes
or other education-related settings to enable children with
disabilities to be educated with nondisabled children to the
maximum extent appropriate in accordance with section
612(a)(4).
``(28) Territory.--The term `territory' means American
Samoa, the Commonwealth of the Northern Mariana Islands,
Guam, and the Virgin Islands.
``(29) Transition services.--The term `transition services'
means a coordinated set of activities for a child with a
disability that--
``(A) are designed within an outcome-oriented process,
which promotes movement from school to post-school
activities, including post-secondary education, vocational
training, integrated employment (including supported
employment), continuing and adult education, adult services,
independent living, or community participation;
``(B) are based upon the individual child's needs, taking
into account the child's preferences and interests; and
``(C) include instruction, related services, community
experiences, the development of employment and other post-
school adult living objectives, and, when appropriate,
acquisition of daily living skills and functional vocational
evaluation.
[[Page H6055]]
``SEC. 603. OFFICE OF SPECIAL EDUCATION PROGRAMS.
``(a) Establishment.--There shall be, within the Office of
Special Education and Rehabilitative Services in the
Department of Education, an Office of Special Education
Programs which shall be the principal agency in such
Department for administering and carrying out this title and
other programs and activities concerning the education and
training of children with disabilities.
``(b) Director.--The Office established under subsection
(a) shall be headed by a Director who shall be selected by
the Secretary and shall report directly to the Assistant
Secretary for Special Education and Rehabilitative Services.
``(c) Voluntary and Uncompensated Services.--
Notwithstanding section 1342 of title 31, United States Code,
the Secretary is authorized to accept voluntary and
uncompensated services in furtherance of the purposes of this
title.
``SEC. 604. ABROGATION OF STATE SOVEREIGN IMMUNITY.
``(a) In General.--A State shall not be immune under the
eleventh amendment to the Constitution of the United States
from suit in Federal court for a violation of this title.
``(b) Remedies.--In a suit against a State for a violation
of this title, remedies (including remedies both at law and
in equity) are available for such a violation to the same
extent as such remedies are available for such a violation in
the suit against any public entity other than a State.
``(c) Effective Date.--The provisions of subsections (a)
and (b) apply with respect to violations that occur in whole
or part after the date of the enactment of the Education of
the Handicapped Act Amendments of 1990.
``SEC. 605. REQUIREMENTS FOR PRESCRIBING REGULATIONS.
``(a) Public-Comment Period.--The Secretary shall provide a
public-comment period of at least 90 days on any regulation
proposed under part B or part C of this title on which an
opportunity for public comment is otherwise required by law.
``(b) Protections Provided to Children.--The Secretary may
not implement, or publish in final form, any regulation
prescribed pursuant to this title which would procedurally or
substantively lessen the protections provided to children
with disabilities under this title, as embodied in
regulations in effect on July 20, 1983 (particularly as such
protections relate to parental consent to initial evaluation
or initial placement in special education, least restrictive
environment, related services, timeliness, attendance of
evaluation personnel at individualized education program
meetings, or qualifications of personnel), except to the
extent that such regulation reflects the clear and
unequivocal intent of the Congress in legislation.
``(c) Correspondence From Department of Education
Describing Interpretations of This Part.--
``(1) In general.--The Secretary shall, on a quarterly
basis, publish in the Federal Register, and widely
disseminate to interested entities through various additional
forms of communication, a list of correspondence from the
Department of Education received by individuals during the
previous quarter that describes the interpretations of the
Department of Education of this Act or the regulations
implemented pursuant to this Act.
``(2) Additional information.--For each item of
correspondence published in a list under paragraph (1), the
Secretary shall identify the topic addressed by the
correspondence and shall include such other summary
information as the Secretary determines to be appropriate.
``(3) Restrictions on use of correspondence.--
``(A) In general.--Except as provided in subparagraph (B),
an item of correspondence published and disseminated under
paragraph (1) may not be used in the following:
``(i) An administrative or due process action commenced
under section 615.
``(ii) A compliance review or other action relating to a
State educational agency conducted by the Department of
Education.
``(iii) A compliance review or other action relating to a
local educational agency or other agency conducted by a State
educational agency.
``(B) Exceptions.--A restriction on the use of an item of
correspondence under subparagraph (A) shall not apply if the
item of correspondence--
``(i) is directly related to the particular fact situation,
practice, or policy at issue under clause (i) or (iii) of
subparagraph (A);
``(ii)(I) was originally directed to one of the parties to
the action under subparagraph (A)(i); or
``(II) was originally directed to the particular local
educational agency or other agency under subparagraph
(A)(iii); or
``(iii) was originally directed to the particular State
educational agency under subparagraph (A)(ii).
``SEC. 606. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.
``The Secretary shall assure that each recipient of
assistance under this Act shall make positive efforts to
employ and advance in employment qualified individuals with
disabilities in programs assisted under this Act.
``PART B--ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES
``SEC. 611. AUTHORIZATION; ALLOTMENT; USE OF FUNDS;
AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--The Secretary of Education shall
provide grants to States and provide amounts to the Secretary
of the Interior for the purpose of providing special
education and related services to children with disabilities
in accordance with this part.
``(b) Allotment Among States.--
``(1) Reservation for the territories.--
``(A) In general.--Of the amount appropriated pursuant to
subsection (e) to carry out this part for a fiscal year, the
Secretary shall allot not more than one percent among the
territories in accordance with this paragraph.
``(B) Basis for allotment.--The Secretary shall allot to
each territory an amount that bears the same proportion to
the amount appropriated pursuant to subsection (e) for a
fiscal year as the number of individuals aged 3 to 21,
inclusive, residing in such territory bears to the aggregate
number of such individuals residing in all such territories.
``(C) Prohibition on consolidation of grants.--Section 501
of Public Law 95-134 (48 U.S.C. 1469a; relating to the
consolidation of one or more grants provided to certain
territories) shall not apply with respect to amounts provided
to a territory under a grant under this part.
``(2) Secretary of the interior.--Of the amount
appropriated pursuant to subsection (e) to carry out this
part for a fiscal year, the Secretary shall provide to the
Secretary of the Interior an amount equal to 1.226 percent to
carry out subsection (d) (relating to special education and
related services for Indian children with disabilities).
``(3) States.--
``(A) In general.--After determining the amount to be
allotted to the territories under paragraph (1) and the
amount to be provided to the Secretary of the Interior under
paragraph (2) for a fiscal year, the Secretary shall allot
the remaining amount to the remaining States in accordance
with this paragraph.
``(B) Basis for allotment.--Except as provided in
subparagraph (D), the Secretary shall allot to each State an
amount equal to the sum of the following amounts:
``(i) The amount equal to--
``(I) 85 percent of the remaining amount described in
subparagraph (A); multiplied by
``(II) the child population percentage of the State (as
determined under subparagraph (C)(i)).
``(ii) The amount equal to--
``(I) 15 percent of the remaining amount described in
subparagraph (A); multiplied by
``(II) the child poverty percentage of the State (as
determined under subparagraph (C)(ii)).
``(C) Determination of child population percentage and
child poverty percentage.--
``(i) Child population percentage.--The child population
percentage shall be determined by comparing--
``(I) the number of children aged 3 to 21, inclusive, in
the State who are of the same age as children with
disabilities for whom the State ensures the availability of a
free appropriate public education; to
``(II) the number of such children in the remaining States.
``(ii) Child poverty percentage.--The child poverty
percentage shall be determined by comparing--
``(I) the number of children aged 3 to 21, inclusive, in
the State living in poverty who are of the same age as
children with disabilities for whom the State ensures the
availability of a free appropriate public education; to
``(II) the number of such children in the remaining States.
``(D) Transition formula.--For each of the fiscal years
1997 through 2005, the Secretary shall allot the remaining
amount to the remaining States in accordance with the
following:
``(i) Fiscal year 1997.--For fiscal year 1997, the
Secretary shall allot to each remaining State the sum of--
``(I) 10 percent multiplied by the amount determined for
such State under subparagraph (B); and
``(II) 90 percent multiplied by the amount determined for
such State under subparagraph (E).
``(ii) Fiscal year 1998.--For fiscal year 1998, the
Secretary shall allot to each remaining State the sum of--
``(I) 20 percent multiplied by the amount determined for
such State under subparagraph (B); and
``(II) 80 percent multiplied by the amount determined for
such State under subparagraph (E).
``(iii) Fiscal year 1999.--For fiscal year 1999, the
Secretary shall allot to each remaining State the sum of--
``(I) 30 percent multiplied by the amount determined for
such State under subparagraph (B); and
``(II) 70 percent multiplied by the amount determined for
such State under subparagraph (E).
``(iv) Fiscal year 2000.--For fiscal year 2000, the
Secretary shall allot to each remaining State the sum of--
``(I) 40 percent multiplied by the amount determined for
such State under subparagraph (B); and
``(II) 60 percent multiplied by the amount determined for
such State under subparagraph (E).
``(v) Fiscal year 2001.--For fiscal year 2001, the
Secretary shall allot to each remaining State the sum of--
[[Page H6056]]
``(I) 50 percent multiplied by the amount determined for
such State under subparagraph (B); and
``(II) 50 percent multiplied by the amount determined for
such State under subparagraph (E).
``(vi) Fiscal year 2002.--For fiscal year 2002, the
Secretary shall allot to each remaining State the sum of--
``(I) 60 percent multiplied by the amount determined for
such State under subparagraph (B); and
``(II) 40 percent multiplied by the amount determined for
such State under subparagraph (E).
``(vii) Fiscal year 2003.--For fiscal year 2003, the
Secretary shall allot to each remaining State the sum of--
``(I) 70 percent multiplied by the amount determined for
such State under subparagraph (B); and
``(II) 30 percent multiplied by the amount determined for
such State under subparagraph (E).
``(viii) Fiscal year 2004.--For fiscal year 2004, the
Secretary shall allot to each remaining State the sum of--
``(I) 80 percent multiplied by the amount determined for
such State under subparagraph (B); and
``(II) 20 percent multiplied by the amount determined for
such State under subparagraph (E).
``(ix) Fiscal year 2005.--For fiscal year 2005, the
Secretary shall allot to each remaining State the sum of--
``(I) 90 percent multiplied by the amount determined for
such State under subparagraph (B); and
``(II) 10 percent multiplied by the amount determined for
such State under subparagraph (E).
``(E) Base amount for 1996.--
``(i) In general.--Subject to clause (ii), the amount
determined under this subparagraph for a State is the amount
that bears the same proportion to the remaining amount
(described in subparagraph (A)) for the fiscal year under
subparagraph (D) as the amount received by the State under
this section for fiscal year 1996 bears to the aggregate of
the amounts received by the remaining States (described in
subparagraph (A)) under this section for fiscal year 1996.
``(ii) Reduction in amount.--If the State received an
amount under this section for fiscal year 1996 on the basis
of children aged 3 to 5, inclusive, in such State, but the
State does not make a free appropriate public education
available to all children with disabilities aged 3 to 5,
inclusive, in the State at the time a determination is made
under subparagraph (C), the Secretary shall reduce, on a
proportional basis, the amount under clause (i) for purposes
of allotting amounts under such subparagraph.
``(F) Increase in allotment amount during transition
years.--
``(i) In general.-- For each of the fiscal years 1997
through 2005, if the amount determined for a State under
subparagraph (D) is an amount that is less than the amount
received by the State under this section for fiscal year 1996
and--
``(I) the amount of the difference between such two amounts
is less than an amount equal to 10 percent of the amount
received by the State for fiscal year 1996, then the amount
allotted to the State for the fiscal year shall be equal to
the amount received by the State for fiscal year 1996; or
``(II) the amount of the difference between such two
amounts is equal to or greater than an amount equal to 10
percent of the amount received by the State for fiscal year
1996, then the amount allotted to the State for the fiscal
year shall be equal to the sum of (aa) the amount determined
for the State under subparagraph (D), and (bb) the amount
equal to 10 percent of the amount received by the State for
fiscal year 1996.
``(ii) Adjustment.--If amounts are allotted to one or more
States under clause (i) for a fiscal year, the Secretary
shall reduce, on a proportional basis, the amounts allotted
to the remaining States for which the amount determined under
subparagraph (D) is an amount that is greater than the amount
received by such States under this section for fiscal year
1996.
``(G) Minimum allotment.--For each fiscal year for which
one of the conditions of subparagraph (F) is met (or such
subparagraph does not apply) and subject to the availability
of appropriations, for fiscal year 1997 and each subsequent
fiscal year, the amount allotted to each remaining State
(described in subparagraph (A)) shall not be less than an
amount equal to one-third of one percent of the remaining
amount (described in subparagraph (A)) for the fiscal year.
``(H) Maximum allotment.--
``(i) In general.--For fiscal year 1997 and each subsequent
fiscal year, the amount allotted to each remaining State
(described in subparagraph (A)) under this paragraph shall
not be more than an amount equal to
``(I) the sum of--
``(aa) the number of children with disabilities in the
State, aged 6 through 21, who are receiving special education
and related services, as determined under clause (ii); and
``(bb) if the State is eligible for a grant under section
619, the number of such children in the State, aged 3 through
5; multiplied by
``(II) 40 percent of the average per-pupil expenditure in
public elementary and secondary schools in the United States.
``(ii) Determination of number of children.--The number of
children with disabilities receiving special education and
related services in any fiscal year shall be equal to the
number of such children receiving special education and
related services on December 1 of the fiscal year preceding
the fiscal year for which the determination is made.
``(iii) Average per pupil expenditure.--For purposes of
clause (i)(II), the term `average per pupil expenditure', in
the United States, means the aggregate current expenditures,
during the second fiscal year preceding the fiscal year for
which the computation is made (or, if satisfactory data for
such year are not available at the time of computation, then
during the most recent preceding fiscal year for which
satisfactory data are available) of all local educational
agencies in the United States (which, for purposes of this
subparagraph, means the fifty States and the District of
Columbia), as the case may be, plus any direct expenditures
by the State for operation of such agencies (without regard
to the source of funds from which either of such expenditures
are made), divided by the aggregate number of children in
average daily attendance to whom such agencies provided free
public education during such preceding year.
``(4) Special rule with respect to puerto rico.--
``(A) In general.--Except as provided subparagraph (B) and
notwithstanding paragraph (3), the amount allotted to Puerto
Rico for a fiscal year shall bear the same or lower
proportion to the remaining amount (described in paragraph
(3)(A)) as the amount received by Puerto Rico under this
section for fiscal year 1996 bears to the aggregate of the
amounts received by the remaining States (as described in
paragraph (3)(A)) under this section for fiscal year 1996.
``(B) Increase in allotment amount during certain fiscal
years.--For each fiscal year for which the minimum allotment
requirement under paragraph (3)(G) is met, the amount
allotted to Puerto Rico for that fiscal year shall be equal
to--
``(i) subject to clause (ii), the sum of--
``(I) the amount determined for Puerto Rico under
subparagraph (A); and
``(II) the amount equal to 10 percent of such amount
determined for Puerto Rico under subparagraph (A); or
``(ii) if the amount determined for Puerto Rico under
clause (i) is greater than the amount determined for Puerto
Rico under paragraph (3), the amount determined for Puerto
Rico under paragraph (3).
``(C) Adjustment in amounts to remaining states.--If the
amount allotted to Puerto Rico for a fiscal year is
determined under subparagraph (A) or (B)(i), the Secretary
shall reallot to the remaining States (as described in
paragraph (3)(A)), on a proportional basis, any amount not
otherwise allotted to Puerto Rico.
``(5) Use of most recent population data.--For the purpose
of providing grants under this part, the Secretary shall use
the most recent population data and data on children aged 3
to 21, inclusive, living in poverty that are available and
satisfactory to the Secretary.
``(c) Use of Funds by State.--
``(1) Reservation for state activities.--
``(A) In general.--Subject to subparagraph (D), a State may
reserve not more than 25 percent of the amount allotted to
the State under paragraph (1) or (3) of subsection (b) for a
fiscal year for administration and other State-level
activities in accordance with subparagraphs (B) and (C).
``(B) State administration.--
``(i) In general.--For the purpose of administering
programs under this part, including the coordination of
activities under this part with, and providing technical
assistance to, other programs that provide services to
children with disabilities--
``(I) each territory may use up to 3 percent of the amount
allotted to the territory for a fiscal year, or $35,000,
whichever is greater; and
``(II) each remaining State may use up to 3 percent of the
amount allotted to the State for a fiscal year, or $450,000,
whichever is greater.
``(ii) Use of amounts for administration of part c.--If the
State educational agency is the lead agency for the State
under part C, amounts described in clause (i) may also be
used for the administration of part C.
``(C) Other state-level activities.--A State shall use any
amounts reserved under subparagraph (A) for a fiscal year
that are not used for administration under subparagraph (B)
for such fiscal year--
``(i) for support and direct services, including technical
assistance and personnel development and training;
``(ii) for administrative costs of monitoring and complaint
investigation, but only to the extent that such costs exceed
the costs incurred for those activities during fiscal year
1985;
``(iii) to establish and implement the mediation process
required by section 615(d), including providing for the costs
of mediators and support personnel;
``(iv) to assist local educational agencies in meeting
personnel shortages;
``(v) to develop a State improvement plan under part D;
``(vi) for activities at the State and local levels to meet
the performance goals established by the State under section
612(a)(14) and to support implementation of the State
improvement plan under part D if the State receives funds
under that part; or
``(vii) to supplement other amounts used to develop and
implement a Statewide coordinated services system designed to
improve
[[Page H6057]]
results for children and families, including children with
disabilities and their families, but not to exceed one
percent of the amount received by the State under this
section (such system shall be coordinated with and, to the
extent appropriate, build on the system of coordinated
services developed by the State under part C).
``(D) Report on use of amounts.--The State shall, as part
of the information required to be submitted under section
612, submit a description of--
``(i) how amounts reserved under subparagraph (A) will be
used to meet the requirements of this part;
``(ii) how such amounts will be allocated among the
activities described in subparagraphs (B) and (C) to meet
State priorities based on input from local educational
agencies; and
``(iii) what percentage of such amounts, if any, will be
distributed to local educational agencies by formula.
``(2) Subgrants to local educational agencies and certain
state agencies.--
``(A) In general.--The State shall provide at least 75
percent of the amount received under a grant for a fiscal
year to local educational agencies in the State that have
established their eligibility under section 613, and to State
agencies that received funds under section 614A(a) (as such
section was in effect on the day before the date of the
enactment of the IDEA Improvement Act of 1996) for fiscal
year 1996 and have established their eligibility under
section 613, for use in accordance with this part.
``(B) Methods of distribution.--A State may provide amounts
under subparagraph (A) to local educational agencies and
State agencies described under such subparagraph on the basis
of--
``(i) school-age population;
``(ii) school enrollment;
``(iii) numbers of children with disabilities receiving a
free appropriate public education;
``(iv) allocations for previous fiscal years;
``(v) any two or more of the factors described in clauses
(i) through (iv); or
``(vi) poverty, in combination with one or more of the
factors described in clauses (i) through (iv).
``(C) Former chapter 1 state agencies.--
``(i) In general.--To the extent necessary for each of the
fiscal years 1997, 1998, and 1999, the State shall use
amounts that are available under paragraph (1)(A) to ensure
that each State agency that received amounts in fiscal year
1994 under subpart 2 of part D of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 (as such
subpart was in effect on the day before the date of the
enactment of the Improving America's Schools Act of 1994)
receives, from the combination of funds under paragraph
(1)(A) and funds provided under subparagraph (A), an amount
equal to--
``(I) the number of children with disabilities, aged 6 to
21, inclusive, to whom the agency was providing special
education and related services on December 1 of the fiscal
year for which the funds were appropriated, subject to the
methods of distribution under subparagraph (B); multiplied by
``(II) the per-child amount provided under such subpart for
fiscal year 1994.
``(ii) Additional use of amounts.--The State may use
amounts described in clause (i) to ensure that each local
educational agency that received fiscal year 1994 funds under
that subpart for children who had transferred from a State-
operated or State-supported school or program assisted under
that subpart receives, from the combination of funds
available under paragraph (1)(A) and funds provided under
subparagraph (A), an amount for each such child, aged 3 to
21, inclusive, to whom the agency was providing special
education and related services on December 1 of the fiscal
year for which the funds were appropriated, equal to the per-
child amount the agency received under that subpart for
fiscal year 1994.
``(iii) Determination of number of children.--The number of
children counted under clause (i)(I) shall not exceed the
number of children aged 3 to 21, inclusive, for whom the
agency received amounts in fiscal year 1994 under subpart 2
of part D of chapter 1 of title I of the Elementary and
Secondary Education Act of 1965 (as such subpart was in
effect on the day before the date of the enactment of the
Improving America's Schools Act of 1994).
``(D) Reallocation of amounts.--If a State educational
agency determines that a local educational agency is
adequately providing a free appropriate public education to
all children with disabilities residing in the area served by
that agency with State and local funds, the State educational
agency may reallocate any portion of amounts received under a
grant under this part that are not needed by that local
agency to other local educational agencies in the State that
are not adequately providing special education and related
services to all children with disabilities residing in the
areas they serve.
``(d) Use of Amounts by Secretary of the Interior.--
``(1) Provision of amounts for assistance.--
``(A) In general.--The Secretary of Education shall provide
amounts to the Secretary of the Interior to meet the need for
assistance for the education of children with disabilities on
reservations aged 5 to 21, inclusive, enrolled in elementary
and secondary schools for Indian children operated or funded
by the Secretary of the Interior. The amount of such payment
for any fiscal year shall be equal to 80 percent of the
amount allotted under subsection (b)(2) for that fiscal year.
``(B) Calculation of number of children.--In the case of
Indian students ages 3 to 5, inclusive, who are enrolled in
programs affiliated with Bureau of Indian Affairs (hereafter
in this subsection referred to as `BIA') schools and that are
required by the States in which such schools are located to
attain or maintain State accreditation, and which schools
have such accreditation prior to the date of enactment of the
Individuals with Disabilities Education Act Amendments of
1991, the school shall be allowed to count those children for
the purpose of distribution of the funds provided under this
paragraph to the Secretary of the Interior. The Secretary of
the Interior shall be responsible for meeting all of the
requirements of this part for these children, in accordance
with paragraph (2).
``(C) Additional requirement.--With respect to all other
children aged 3 to 21, inclusive, on reservations, the State
educational agency shall be responsible for ensuring that all
of the requirements of this part are implemented.
``(2) Submission of information.--The Secretary of
Education may provide the Secretary of the Interior amounts
under paragraph (1) for a fiscal year only if the Secretary
of the Interior submits to the Secretary of Education
information that--
``(A) demonstrates that the Department of the Interior
meets the appropriate requirements, as determined by the
Secretary of Education, of sections 612 (including monitoring
and evaluation activities) and 613;
``(B) includes a description of how the Secretary of the
Interior will coordinate the provision of services under this
part with local educational agencies, tribes and tribal
organizations, and other private and Federal service
providers;
``(C) includes an assurance that there are public hearings,
adequate notice of such hearings, and an opportunity for
comment afforded to members of tribes, tribal governing
bodies, and affected local school boards before the adoption
of the policies, programs, and procedures described in
subparagraph (A);
``(D) includes an assurance that the Secretary of the
Interior will provide such information as the Secretary of
Education may require to comply with section 618;
``(E) includes an assurance that the Secretary of the
Interior and the Secretary of Health and Human Services have
entered into a memorandum of agreement, to be provided to the
Secretary of Education, for the coordination of services,
resources, and personnel between their respective Federal,
State, and local offices and with State and local educational
agencies and other entities to facilitate the provision of
services to Indian children with disabilities residing on or
near reservations (such agreement shall provide for the
apportionment of responsibilities and costs including, but
not limited to, child find, evaluation, diagnosis,
remediation or therapeutic measures, and (where appropriate)
equipment and medical or personal supplies as needed for a
child to remain in school or a program); and
``(F) includes an assurance that the Department of the
Interior will cooperate with the Department of Education in
its exercise of monitoring and oversight of this application,
and any agreements entered into between the Secretary of the
Interior and other entities under this part, and will fulfill
its duties under this part.
Section 616(a) shall apply to the information described in
this paragraph.
``(3) Payments for education and services for indian
children with disabilities aged 3 to 5.--
``(A) In general.--With funds appropriated under subsection
(e), the Secretary of Education shall make payments to the
Secretary of the Interior to be distributed to tribes or
tribal organizations (as defined under section 4 of the
Indian Self-Determination and Education Assistance Act) or
consortia of the above to provide for the coordination of
assistance for special education and related services for
children with disabilities aged 3 to 5, inclusive, on
reservations served by elementary and secondary schools for
Indian children operated or funded by the Department of the
Interior. The amount of such payments under subparagraph (B)
for any fiscal year shall be equal to 20 percent of the
amount allotted under subsection (b)(2).
``(B) Distribution of funds.--The Secretary of the Interior
shall distribute the total amount of the payment under
subparagraph (A) by allocating to each tribe or tribal
organization an amount based on the number of children with
disabilities, ages 3 to 5, inclusive, residing on
reservations as reported annually divided by the total of
such children served by all tribes or tribal organizations.
``(C) Submission of information.--To receive a payment
under this paragraph, the tribe or tribal organization shall
submit such figures to the Secretary of the Interior as
required to determine the amounts to be allocated under
subparagraph (B). This information shall be compiled and
submitted to the Secretary of Education.
``(D) Use of funds.--The funds received by a tribe or
tribal organization shall be used to assist in child find,
screening, and other procedures for the early identification
of children aged 3 to 5, inclusive, parent training, and the
provision of direct services. These
[[Page H6058]]
activities may be carried out directly or through contracts
or cooperative agreements with the BIA, local educational
agencies, and other public or private nonprofit
organizations. The tribe or tribal organization is encouraged
to involve Indian parents in the development and
implementation of these activities. The above entities shall,
as appropriate, make referrals to local, State, or Federal
entities for the provision of services or further diagnosis.
``(E) Biennial report.--To be eligible to receive a grant
pursuant to subparagraph (A), the tribe or tribal
organization shall provide to the Secretary of the Interior a
biennial report of activities undertaken under this
paragraph, including the number of contracts and cooperative
agreements entered into, the number of children contacted and
receiving services for each year and the estimated number of
children needing services during the 2 years following the
one in which the report is made. The Secretary of the
Interior shall include a summary of this information on a
biennial basis in the report to the Secretary of Education
required under this subsection. The Secretary of Education
may require any additional information from the Secretary of
the Interior.
``(F) Prohibitions.--None of the funds allocated under this
paragraph may be used by the Secretary of the Interior for
administrative purposes, including child count and the
provision of technical assistance.
``(4) Plan for coordination of services.--The Secretary of
the Interior shall develop and implement a plan for the
coordination of services for all Indian children with
disabilities residing on reservations covered under this Act.
Such plan shall provide for the coordination of services
benefiting these children from whatever source, including
tribes, the Indian Health Service, other BIA divisions, and
other Federal agencies. In developing such a plan, the
Secretary of the Interior shall consult with all interested
and involved parties. It shall be based upon the needs of the
children and the system best suited for meeting those needs,
and may involve the establishment of cooperative agreements
between the BIA, other Federal agencies, and other entities.
Such plan shall also be distributed upon request to States,
State and local educational agencies, and other agencies
providing services to infants, toddlers, children, and youth
with disabilities, to tribes, and to other interested
parties.
``(5) Establishment of advisory board.--To meet the
requirements of section 612(a)(18), the Secretary of the
Interior shall establish, not later than 6 months after the
date of the enactment of the IDEA Improvement Act of 1996,
under the Bureau of Indian Affairs (BIA), an advisory board
composed of individuals involved in or concerned with the
education and provision of services to Indian infants,
toddlers, children, and youth with disabilities, including
Indians with disabilities, Indian parents or guardians of
such children, teachers, service providers, State and local
educational officials, representatives of tribes or tribal
organizations, representatives from State Interagency
Coordinating Councils in States having reservations, and
other members representing the various divisions and entities
of the BIA. The chairperson shall be selected by the
Secretary of the Interior. The advisory board shall--
``(A) assist in the coordination of services within BIA and
with other local, State, and Federal agencies in the
provision of education for infants, toddlers, children, and
youth with disabilities;
``(B) advise and assist the Secretary of the Interior in
the performance of the Secretary's responsibilities described
in this subsection;
``(C) develop and recommend policies concerning effective
inter- and intra-agency collaboration, including
modifications to regulations, and the elimination of barriers
to inter- and intra-agency programs and activities;
``(D) provide assistance and disseminate information on
best practices, effective program coordination strategies,
and recommendations for improved educational programming for
Indian infants, toddlers, children, and youth with
disabilities; and
``(E) provide assistance in the preparation of information
required under paragraph (2)(D).
``(6) Annual reports.--
``(A) In general.--The advisory board established under
paragraph (5) shall prepare and submit to the Secretary of
the Interior and to the Congress an annual report containing
a description of the activities of the advisory board for the
preceding year.
``(B) Availability.--The Secretary of the Interior shall
make available to the Secretary of Education the report
described in subparagraph (A).
``(e) Authorization of Appropriations.--For the purpose of
carrying out this part (except for section 619; relating to
preschool grants), there are authorized to be appropriated to
the Secretary such sums as may be necessary.
``SEC. 612. STATE REQUIREMENTS.
``(a) In General.--A State shall be eligible to receive a
grant under this part for a fiscal year if, except as
provided in subsection (c), the State submits to the
Secretary information that demonstrates to the satisfaction
of the Secretary that the State has in effect policies and
procedures to ensure that it meets each of the following
requirements:
``(1) Free appropriate public education.--
``(A) In general.--A free appropriate public education is
available to all children with disabilities residing in the
State between the ages of 3 and 21, inclusive.
``(B) Limitation.--Subparagraph (A) shall not apply with
respect to children with disabilities aged 3 to 5 and
children with disabilities aged 18 to 21 to the extent that
such application to those children would be inconsistent with
State law or practice, or the order of any court, relating to
the provision of public education to children in such age
ranges.
``(2) Child find.--All children with disabilities residing
in the State, including children with disabilities attending
private schools, regardless of the severity of such
disabilities, and who are in need of special education and
related services, are identified, located, and evaluated and
that a practical method is developed and implemented to
determine which children with disabilities are currently
receiving needed special education and related services.
``(3) Individualized education program.--An individualized
education program, or an individualized family service plan
that meets the requirements of section 636(d), is developed,
reviewed, and revised for each child with a disability in
accordance with section 614(d).
``(4) Least restrictive environment.--
``(A) In general.--To the maximum extent appropriate--
``(i) children with disabilities, including children in
public or private institutions or other care facilities, are
educated with children who are not disabled; and
``(ii) special classes, separate schooling, or other
removal of children with disabilities from the regular
educational environment occurs only when the nature or
severity of the disability of a child means that education in
regular classes with the use of supplementary aids and
services cannot be achieved satisfactorily.
``(B) Additional requirement.--
``(i) In general.--The State's method of distributing funds
shall not result in placements that violate the requirements
of subparagraph (A).
``(ii) Exception.--If the State does not have policies and
procedures to ensure compliance with clause (i), the State
shall provide the Secretary an assurance that it will revise
the funding mechanism as soon as feasible to ensure that such
mechanism does not result in such placements.
``(5) Procedural safeguards.--
``(A) In general.--Children with disabilities and their
parents are afforded the procedural safeguards required by
section 615.
``(B) Additional procedural safeguards.--Procedures to
assure that testing and evaluation materials and procedures
utilized for the purposes of evaluation and placement of
children with disabilities will be selected and administered
so as not to be racially or culturally discriminatory. Such
materials or procedures shall be provided and administered in
the child's native language or mode of communication, unless
it clearly is not feasible to do so, and no single procedure
shall be the sole criterion for determining an appropriate
educational program for a child.
``(6) Evaluation.--Children with disabilities are evaluated
in accordance with subsections (a) through (c) of section
614.
``(7) Confidentiality.--Agencies in the State comply with
section 617(c) (relating to the confidentiality of records
and information).
``(8) Transition from part c to preschool programs.--
Children participating in early-intervention programs
assisted under part C, and who will participate in preschool
programs assisted under this part, experience a smooth
transition to those preschool programs in a manner consistent
with section 637(a)(7). By the third birthday of such a
child, an individualized education program or, if consistent
with sections 614(d)(1)(B) and 636(d), an individualized
family service plan, has been developed and is being
implemented for the child. The local educational agency will
participate in transition planning conferences by the
designated lead agency under section 637(a)(7).
``(9) Children in private schools.--
``(A) In general.--To the extent consistent with the number
and location of children with disabilities in the State who
are enrolled in private elementary and secondary schools,
provision is made for the participation of such children in
the program assisted or carried out under this part by
providing for such children special education and related
services, except if the Secretary has arranged for services
to such children under subsection (f).
``(B) Children placed in, or referred to, private schools
by public agencies.--
``(i) In general.--Children with disabilities in private
schools and facilities are provided special education and
related services, in accordance with an individualized
education program, at no cost to their parents, if they are
placed in, or referred to, such schools or facilities by the
State or a local educational agency in order to comply with
this part or with any other provision of law requiring the
provision of special education and related services to all
children with disabilities in the State.
``(ii) Additional requirements.--In all cases described in
clause (i)--
``(I) children with disabilities are placed in, or referred
to, only those private schools and facilities that the State
educational agency
[[Page H6059]]
determines meet standards that apply to State and local
educational agencies; and
``(II) children served in such private schools or
facilities retain access to a free appropriate public
education in accordance with this part.
``(C) Payment for education of children placed in private
schools without consent of or referral by the public
agency.--
``(i) In general.--If the parents of a child with a
disability that had previously received special education and
related services under the authority of a public agency have
enrolled their child in a private elementary or secondary
school without the consent of or referral by the public
agency, as a result of mediation described in section 615(d),
or as a result of a decision rendered under the procedural
safeguards of section 615, the public agency may be required
to reimburse the parents for the cost of the enrollment,
except that the cost of the reimbursement may be reduced or
denied--
``(I) if, at least 10 school days prior to the removal of
the child from the public school, the parents did not give a
written statement of their concerns to the public agency and
notice that they intend to place their child in a private
school at public expense;
``(II) if, prior to the removal of the child from the
public school, the parents did not make the child available
for an initial assessment and evaluation by the local
educational agency prior to enrollment in the private school;
or
``(III) at the discretion of the judge.
``(ii) Exception.--Notwithstanding the notice requirement
in clause (i)(I), the cost of the reimbursement may not be
reduced or denied for failure to provide such notice if--
``(I) the parent is illiterate or cannot write in English;
``(II) compliance with clause (i)(I) would likely result in
physical or serious emotional harm to the child;
``(III) the school prevented the parent from providing such
notice; or
``(IV) the parent had not received notice, pursuant to
section 615(d), of the notice requirement in clause (i)(I).
``(10) State educational agency responsible for general
supervision.--
``(A) In general.--The State educational agency is
responsible for ensuring that--
``(i) the requirements of this part are met; and
``(ii) all educational programs for children with
disabilities in the State, including all such programs
administered by any other State or local agency--
``(I) are under the general supervision of individuals in
the State who are responsible for educational programs for
children with disabilities; and
``(II) meet the educational standards of the State
educational agency.
``(B) Limitation.--Subparagraph (A) shall not limit the
responsibility of agencies in the State other than the State
educational agency to provide, or pay for some or all of the
costs of, a free appropriate public education for any child
with a disability in the State.
``(11) Obligations related to and methods of ensuring
services.--
``(A) Establishing responsibility for services.--The Chief
Executive Officer or designee of the officer shall ensure
that an interagency agreement or other mechanism for
interagency coordination is in effect between each public
agency described in subparagraph (B) and the appropriate
educational agency within the State, in order to ensure that
all services described in subparagraph (B)(i) that are needed
to ensure a free appropriate public education are provided,
including the provision of such services during the pendency
of any dispute under clause (iii). Such agreement or
mechanism shall include the following:
``(i) Agency financial responsibility.--An identification
of, or a method for defining, the financial responsibility of
each agency for providing services described in subparagraph
(B)(i) to ensure a free appropriate public education to
children with disabilities provided that the financial
responsibility of each public agency described in
subparagraph (B), including the State Medicaid agency and
other public insurers of children with disabilities, shall
precede the financial responsibility of the local education
agency (or the State agency responsible for developing the
child's IEP).
``(ii) Conditions and terms of reimbursement.--The
conditions, terms, and procedures under which a local
educational agency shall be reimbursed by other agencies.
``(iii) Interagency disputes.--Procedures for resolving
interagency disputes (including procedures under which local
education agencies may initiate proceedings) under the
agreement or other mechanism to secure reimbursement from
other agencies or otherwise implement the provisions of the
agreement or mechanism.
``(iv) Coordination of services procedures.--Policies and
procedures for agencies to determine and identify the
interagency coordination responsibilities of each agency to
promote the coordination and timely and appropriate delivery
of services described in subparagraph (B)(i).
``(B) Obligation of public agency.--
``(i) In general.--If any public agency other than an
educational agency is otherwise obligated under Federal or
State law, or assigned responsibility under State policy or
pursuant to subparagraph (A), to provide or pay for any
services that are also considered special education or
related services (such as, but not limited to, services
described in sections 602(1) relating to assistive technology
devices, 602(2) relating to assistive technology services,
602(20) relating to related services, 602(27) related to
supplementary aids and services, and 602(29) relating to
transition services) that are necessary for ensuring a free
appropriate public education to children with disabilities
within the State, such public agency shall fulfill that
obligation or responsibility, either directly or through
contract or other arrangement.
``(ii) Reimbursement for services by public agency.--If a
public agency other than an educational agency fails to
provide or pay for the special education and related services
described in clause (i), the local educational agency (or
State agency responsibility for developing the child's IEP)
shall provide or pay for such services to the child. Such
local education agency or State agency may then claim
reimbursement for the services from the public agency that
failed to provide or pay for such services and such public
agency shall reimburse the local education agency or State
agency pursuant to the terms of the interagency agreement
described in subparagraph (A)(i) according to the procedures
established in such agreement pursuant to subparagraph
(A)(ii).
``(C) Special rule.--The requirements of subparagraph (A)
may be met through--
``(i) State statute or regulation;
``(ii) signed agreements between respective agency
officials that clearly identify the responsibilities of each
agency relating to the provision of services; or
``(iii) other appropriate methods as determined by the
Chief Executive Officer or designee of the officer.
``(12) Procedural requirements relating to local
educational agency eligibility.--The State educational agency
will not make a final determination that a local educational
agency is not eligible for assistance under this part without
first affording that agency reasonable notice and an
opportunity for a hearing.
``(13) Comprehensive system of personnel development.--The
State has established and implemented, consistent with the
purposes of this title and section 635(a)(7), a comprehensive
system of personnel development that is designed to ensure an
adequate supply of qualified special education and related
services personnel necessary to carry out this part,
including--
``(A) a statewide, coordinated personnel-development plan
that meets the personnel development requirements of a State
improvement plan under section 683; or
``(B) a personnel-development plan, developed in
consultation with parents of children with disabilities,
State and local educational agencies, institutions of higher
education, and professional associations that--
``(i) addresses current and projected needs for special
education and related services personnel throughout the
State;
``(ii) addresses the need for the pre-service and in-
service preparation of personnel throughout the State,
including regular education personnel, to provide educational
services to children with disabilities;
``(iii) includes a system or procedures for recruiting,
preparing, and retaining qualified personnel, including
personnel with disabilities and personnel from groups that
are underrepresented in the field of special education and
related services; and
``(iv) is integrated, to the maximum extent possible, with
other professional development plans and activities.
``(14) Personnel standards.--
``(A) In general.--The State educational agency has
established and maintains standards to ensure that personnel
necessary to carry out this part are appropriately and
adequately prepared and trained.
``(B) Standards described.--Such standards shall--
``(i) be consistent with any State-approved or State-
recognized certification, licensing, registration, or other
comparable requirements that apply to the professional
discipline in which those personnel are providing special
education or related services;
``(ii) to the extent the standards described in
subparagraph (A) are not based on the highest requirements in
the State applicable to a specific profession or discipline,
the State is taking steps to require retraining or hiring of
personnel that meet appropriate professional requirements in
the State; and
``(iii) allow paraprofessionals and assistants who are
appropriately trained and supervised, in accordance with
State law, regulations, or written policy, in meeting the
requirements of this part to be used to assist in the
provision of special education and related services to
children with disabilities under this part.
``(C) Exception.--If the State determines that, within a
geographic area of the State there is a shortage of an
appropriate number and type of personnel to provide the
special education and related services to children with
disabilities within such area, and the appropriate public
agency has taken steps to recruit and hire such personnel,
the State may, subject to public comment and review,
temporarily suspend the standards of subparagraph (B)(ii)--
``(i) consistent with State law, for the purpose of
recruiting and hiring for such shortage areas the most
qualified available individuals who are making progress in
applicable coursework; and
``(ii) for a period not to exceed 3 years.
``(15) Performance goals and indicators.--The State--
[[Page H6060]]
``(A) has established goals for the performance of children
with disabilities in the State that--
``(i) will promote the purposes of this title, as stated in
section 601(d); and
``(ii) are consistent, to the maximum extent appropriate,
with other goals and standards established by the State;
``(B) has established performance indicators the State will
use to assess progress toward achieving those goals that, at
a minimum, address the performance of children with
disabilities on assessments, drop-out rates, and graduation
rates;
``(C) will, every two years, report to the Secretary and
the public on the progress of the State, and of children with
disabilities in the State, toward meeting the goals
established under subparagraph (A); and
``(D) based on its assessment of that progress, will revise
its State improvement plan under part D as may be needed to
improve its performance, if the State receives assistance
under such part.
``(16) Participation in assessments.--
``(A) In general.--Children with disabilities are included
in general State and district-wide assessment programs, with
appropriate accommodations, where necessary. As appropriate,
the State or local educational agency--
``(i) develops guidelines for the participation of children
with disabilities in alternate assessments for those children
who cannot participate in State and district-wide assessment
programs; and
``(ii) develops and, beginning not later than July 1, 1999,
conducts those alternate assessments.
``(B) Reports.--The State educational agency makes
available to the public, and reports to the public with the
same frequency and in the same detail as it reports on the
assessment of nondisabled children, the following:
``(i) The number of children with disabilities
participating in regular assessments.
``(ii) The number of those children participating in
alternate assessments.
``(iii) The performance of those children on regular
assessments (beginning not later than July 1, 1997) and on
alternate assessments (not later than July 1, 1999), if doing
so would be statistically sound and would not result in the
disclosure of performance results identifiable to individual
children.
``(17) Supplementation of state, local, and other federal
funds.--
``(A) In general.--The State ensures that amounts provided
under a grant to the State under this part, except as
provided in subparagraph (B), will be used to supplement
State, local, and other Federal funds (including funds not
under the direct control of State or local educational
agencies) expended for special education and related
services, and not to supplant those funds.
``(B) Waiver.--The Secretary may waive, in whole or in
part, the requirements of subparagraph (A) if the Secretary
determines that the State has provided clear evidence that
all children with disabilities in the State have available a
free appropriate public education or that, such a waiver
would allow the State to improve the delivery of special
education and related services to children with disabilities
in the State.
``(18) Public participation.--Prior to the adoption of any
policies and procedures needed to comply with this section
(including any amendments to such policies and procedures),
the State ensures that there are public hearings, adequate
notice of the hearings, and an opportunity for comment
available to the general public, including individuals with
disabilities and parents of children with disabilities.
``(19) State advisory panel.--
``(A) In general.--The State has established and maintains
an advisory panel for the purpose of providing policy
guidance with respect to special education and related
services for children with disabilities in the State.
``(B) Membership.--Such advisory panel shall consist of
members appointed by the Governor, or any other official
authorized under State law to make such appointments, that is
representative of the State population and that is composed
of individuals involved in, or concerned with, the education
of children with disabilities, including--
``(i) parents of children with disabilities;
``(ii) individuals with disabilities;
``(iii) teachers;
``(iv) representatives of institutions of higher education
that prepare special education and related services
personnel;
``(v) State and local education officials;
``(vi) administrators of programs for children with
disabilities;
``(vii) representatives of other State agencies involved in
the financing or delivery of related services to children
with disabilities;
``(viii) at least one representative of a vocational,
community, or business organization concerned with the
provision of transition services to children with
disabilities; and
``(ix) representatives from the State juvenile and adult
corrections agencies.
``(C) Special rule.--A majority of the members of the panel
shall be individuals with disabilities or parents of children
with disabilities.
``(D) Duties.--The advisory panel shall--
``(i) advise the State educational agency of unmet needs
within the State in the education of children with
disabilities;
``(ii) comment publicly on any rules or regulations
proposed by the State regarding--
``(I) the education of children with disabilities; and
``(II) the procedures for distribution of amounts received
by the State under a grant under this part;
``(iii) advise the State educational agency in developing
evaluations and reporting on data to the Secretary under
section 618;
``(iv) advise the State educational agency in developing
corrective action plans to address findings identified in
Federal monitoring reports under this part; and
``(v) advise the State educational agency in developing and
implementing policies relating to the coordination of
services for children with disabilities.
``(b) State Educational Agency as Provider of Free
Appropriate Public Education or Direct Services.--If the
State educational agency provides free appropriate public
education to children with disabilities, or provides direct
services to such children, such agency--
``(1) shall comply with any additional requirements of
section 613(a), as if such agency were a local educational
agency; and
``(2) may use amounts that are otherwise available to such
agency under this part to serve those children without regard
to section 613(a)(2)(A)(i) (relating to excess costs).
``(c) Exception for Prior State Plans.--
``(1) In general.--If a State has on file with the
Secretary policies and procedures that demonstrate that such
State meets any requirement of subsection (a), including any
policies and procedures filed under this part as in effect
before the date of the enactment of the IDEA Improvement Act
of 1996, the Secretary shall consider such State to have met
such requirement for purposes of receiving a grant under this
part.
``(2) Modifications made by state.--Subject to paragraph
(3), an application submitted by a State in accordance with
this section shall remain in effect until the State submits
to the Secretary such modifications as the State deems
necessary. This section shall apply to a modification to an
application to the same extent and in the same manner as this
section applies to the original plan.
``(3) Modifications required by the secretary.--The
Secretary may require a State to amend its application at any
time as a result of the Secretary's compliance reviews under
parts B and C. The Secretary shall reduce or shall not
provide any further payments to the State educational agency
until the Secretary is satisfied that the State educational
agency is complying with that requirement.
``(d) Approval by the Secretary.--
``(1) In general.--If the Secretary determines that a State
is eligible to receive a grant under this part, the Secretary
shall notify the State of that determination.
``(2) Notice and hearing.--The Secretary shall not make a
final determination that a State is not eligible to receive a
grant under this part until after providing the State--
``(A) with reasonable notice; and
``(B) with an opportunity for a hearing.
``(e) Assistance Under Other Federal Programs.--Nothing in
this title permits a State to reduce medical and other
assistance available, or to alter eligibility, under titles V
and XIX of the Social Security Act with respect to the
provision of a free appropriate public education for children
with disabilities within the State.
``(f) By-Pass for Children in Private Schools.--
``(1) In general.--If, on the date of enactment of the
Education of the Handicapped Act Amendments of 1983, a State
educational agency is prohibited by law from providing for
the participation in special programs of children with
disabilities enrolled in private elementary and secondary
schools as required by subsection (a)(9), the Secretary
shall, notwithstanding such provision of law, arrange for the
provision of services to such children through arrangements
which shall be subject to the requirements of such
subsection.
``(2) Payments.--
``(A) Determination of amounts.--If the Secretary arranges
for services pursuant to this subsection, the Secretary,
after consultation with the appropriate public and private
school officials, shall pay to the provider of such services
for a fiscal year an amount per child that does not exceed
the amount determined by dividing--
``(i) the total amount received by the State under this
part for such fiscal year; by
``(ii) the number of children with disabilities served in
the prior year, as reported to the Secretary by the State
under section 618.
``(B) Withholding of certain amounts.--Pending final
resolution of any investigation or complaint that could
result in a determination under this subsection, the
Secretary may withhold from the allocation of the affected
State educational agency the amount the Secretary estimates
would be necessary to pay the cost of services described in
subparagraph (A).
``(C) Period of payments.--The period under which payments
are made under subparagraph (A) shall continue until the
Secretary determines that there will no longer be any failure
or inability on the part of the State educational agency to
meet the requirements of subsection (a)(9).
``(3) Notice and hearing.--
``(A) In general.--The Secretary shall not take any final
action under this subsection until the State educational
agency affected by such action has had an opportunity, for at
least 45 days after receiving written notice thereof, to
submit written objections and to
[[Page H6061]]
appear before the Secretary or the Secretary's designee to
show cause why such action should not be taken.
``(B) Review of action.--If a State educational agency is
dissatisfied with the Secretary's final action after a
proceeding under subparagraph (A), such agency may, not later
than 60 days after notice of such action, file with the
United States court of appeals for the circuit in which such
State is located a petition for review of that action. A copy
of the petition shall be forthwith transmitted by the clerk
of the court to the Secretary. The Secretary thereupon shall
file in the court the record of the proceedings on which the
Secretary based the Secretary's action, as provided in
section 2112 of title 28, United States Code.
``(C) Review of findings of fact.--The findings of fact by
the Secretary, if supported by substantial evidence, shall be
conclusive, but the court, for good cause shown, may remand
the case to the Secretary to take further evidence, and the
Secretary may thereupon make new or modified findings of fact
and may modify the Secretary's previous action, and shall
file in the court the record of the further proceedings. Such
new or modified findings of fact shall likewise be conclusive
if supported by substantial evidence.
``(D) Jurisdiction of court of appeals; review by united
states supreme court.--Upon the filing of a petition under
subparagraph (B), the United States court of appeals shall
have jurisdiction to affirm the action of the Secretary or to
set it aside, in whole or in part. The judgment of the court
shall be subject to review by the Supreme Court of the United
States upon certiorari or certification as provided in
section 1254 of title 28, United States Code.
``SEC. 613. LOCAL EDUCATIONAL AGENCY REQUIREMENTS.
``(a) In General.--A local educational agency shall be
eligible for assistance under this part for any fiscal year
if, except as provided in subsection (b), such agency submits
to the State educational agency information that demonstrates
to the satisfaction of the State educational agency the
following:
``(1) Consistency with state policies.--The local
educational agency, in providing for the education of
children with disabilities within its jurisdiction, has in
effect policies, procedures, and programs that are consistent
with the State policies and procedures established under
section 612.
``(2) Use of amounts.--
``(A) In general.--Amounts provided to the local
educational agency under this part--
``(i) shall be used only to pay the excess costs of
providing special education and related services to children
with disabilities;
``(ii) shall be used to supplement State, local, and other
Federal funds and not to supplant such funds;
``(iii) except as provided in subparagraph (B), may not be
used to reduce the level of expenditures for the education of
children with disabilities made by the local educational
agency from State or local funds below the level of those
expenditures for the preceding fiscal year;
``(iv) may be used, notwithstanding clause (i) or any other
provision of this part, for the costs of special education
and related services provided in a regular class or other
education related setting to a child with a disability in
accordance with the child's individualized education program,
even if one or more nondisabled children benefit from those
services; and
``(v) may be used, in accordance with subsection (f) and
notwithstanding clause (i) or any other provision of this
part, to develop and implement a coordinated services system.
``(B) Exception.--Notwithstanding the restriction in
subparagraph (A)(iii), a local education agency may reduce
the level of expenditures where such reduction is
attributable to--
``(i) the departure, by retirement or otherwise, of special
education personnel;
``(ii) a decrease in the enrollment of children with
disabilities;
``(iii) the termination of the obligation of the agency,
consistent with this part, to provide a program of special
education to a particular child with a disability that is an
exceptionally costly program, as determined by the State
educational agency, because the child--
``(I) has left the jurisdiction of the agency;
``(II) has reached the age at which the obligation of the
agency to provide a free appropriate public education to the
child has terminated; or
``(III) no longer needs such program of special education;
or
``(iv) the termination of costly expenditures for long-term
purchases, such as the acquisition of equipment or the
construction of school facilities.
``(3) Information for state educational agency.--The local
educational agency shall provide the State educational agency
with information necessary to enable the State educational
agency to carry out its duties under this part, including,
with respect to paragraphs (14) and (15) of section 612(a),
information relating to the performance of children with
disabilities participating in programs carried out under this
part.
``(4) Public information.--The local educational agency
shall make available to parents of children with disabilities
and to the general public all documents relating to the
eligibility of such agency under this part.
``(b) Exception for Prior Local Plans.--
``(1) In general.--If a local educational agency or State
agency has on file with the State educational agency policies
and procedures that demonstrate that such local educational
agency, or such State agency, as the case may be, meets any
requirement of subsection (a), including any policies and
procedures filed under this part as in effect before the date
of the enactment of IDEA Improvement Act of 1996, the State
educational agency shall consider such local educational
agency or State agency, as the case may be, to have met such
requirement for purposes of receiving assistance under this
part.
``(2) Modification made by local educational agency.--
Subject to paragraph (3), an application submitted by a local
educational agency in accordance with this section shall
remain in effect until the such agency submits to the State
educational agency such modifications as the local
educational agency deems necessary.
``(3) Modifications required by state educational agency.--
The State educational agency may require a local educational
agency to amend its application at anytime as a result of the
compliance reviews of the State educational agency under
parts B and C. This paragraph shall apply to a modification
to an application to the same extent and in the same manner
as this section applies to the original plan.
``(c) Notification of Local Educational Agency or State
Agency in Case of Ineligibility.--If the State educational
agency determines that a local educational agency or State
agency is not eligible under this section, the State
educational agency shall notify such local educational agency
or State agency, as the case may be, of that determination
and shall provide such local educational agency or State
agency with reasonable notice and an opportunity for a
hearing.
``(d) Local Educational Agency Compliance.--
``(1) In general.--If the State educational agency, after
reasonable notice and an opportunity for a hearing, finds
that a local educational agency or State agency that has been
determined to be eligible under this section is failing to
comply with any requirement described in subsection (a), the
State educational agency shall reduce or shall not provide
any further payments to the local educational agency or State
agency until the State educational agency is satisfied that
the local educational agency or State agency, as the case may
be, is complying with that requirement.
``(2) Additional requirement.--Any State agency or local
educational agency in receipt of a notice described in
paragraph (1) shall, by means of public notice, take such
measures as may be necessary to bring the pendency of an
action pursuant to this subsection to the attention of the
public within the jurisdiction of such agency.
``(3) Consideration.--In carrying out its responsibilities
under paragraph (1), the State educational agency shall
consider any decision made in a hearing held under section
615 that is adverse to the local educational agency or State
agency involved in that decision.
``(e) Joint Establishment of Eligibility.--
``(1) In general.--A State educational agency may require a
local educational agency to establish its eligibility jointly
with another local educational agency if the State
educational agency determines that the local educational
agency would be ineligible under this section because the
local educational agency would not be able to establish and
maintain programs of sufficient size and scope to effectively
meet the needs of children with disabilities.
``(2) Amount of payments.--If a State educational agency
requires the joint establishment of eligibility under
paragraph (1), the total amount of funds made available to
the affected local educational agencies shall be equal to the
sum of the payments that each such local educational agency
would have received under section 611(c) if such agencies
were eligible for such payments.
``(3) Requirements.--Local educational agencies that
establish joint eligibility under this subsection shall--
``(A) adopt policies and procedures that are consistent
with the State's policies and procedures under section
612(a); and
``(B) be jointly responsible for implementing programs that
receive assistance under this part.
``(4) Requirements for educational service agencies.--
``(A) In general.--If an educational service agency is
required by State law to carry out programs under this part,
the joint responsibilities given to local educational
agencies under this subsection shall--
``(i) not apply to the administration and disbursement of
any payments received by that educational service agency; and
``(ii) be carried out only by that educational service
agency.
``(B) Additional requirement.--Notwithstanding any other
provision of this subsection, an educational service agency
shall provide for the education of children with disabilities
in the least restrictive environment, as required by section
612(a)(4).
``(f) Coordinated Services System.--
``(1) In general.--A local educational agency may not use
more than 5 percent of the amount such agency receives under
this part for any fiscal year, in combination with other
amounts (which shall include amounts other than education
funds), to develop and
[[Page H6062]]
implement a coordinated services system designed to improve
results for children and families, including children with
disabilities and their families.
``(2) Activities.--In implementing a coordinated services
system under this subsection, a local educational agency may
carry out activities which include--
``(A) improving the effectiveness and efficiency of service
delivery, including developing strategies that promote
accountability for results;
``(B) service coordination and case management that
facilitates the linkage of individualized education programs
under this part and individualized family service plans under
part C with individualized service plans under multiple
Federal and State programs, such as title I of the
Rehabilitation Act of 1973 (vocational rehabilitation), title
XIX of the Social Security Act (Medicaid), and title XVI of
the Social Security Act (supplemental security income);
``(C) developing and implementing interagency financing
strategies for the provision of education, health, mental
health, and social services, including transition services
and related services under this title; and
``(D) interagency personnel development for individuals
working on coordinated services.
``(3) Coordination with certain projects under elementary
and secondary education act of 1965.--If a local educational
agency is carrying out a coordinated services project under
title XI of the Elementary and Secondary Education Act of
1965 and a coordinated services project under this part in
the same schools, such agency shall use amounts under this
subsection in accordance with the requirements of that title.
``(g) Direct Services by the State Educational Agency.--
``(1) In general.--A State educational agency shall use the
payments that would otherwise have been available to a local
educational agency or to a State agency to provide special
education and related services directly to children with
disabilities residing in the area served by that local
agency, or for whom that State agency is responsible, if the
State educational agency determines that the local education
agency or State agency, as the case may be--
``(A) has not provided the information needed to establish
the eligibility of such agency under this section;
``(B) is unable to establish and maintain programs of free
appropriate public education that meet the requirements of
subsection (a);
``(C) is unable or unwilling to be consolidated with one or
more local educational agencies in order to establish and
maintain such programs; or
``(D) has one or more children with disabilities who can
best be served by a regional or State program or service
delivery system designed to meet the needs of such children.
``(2) Manner and location of education and services.--The
State educational agency may provide special education and
related services under paragraph (1) in such manner and at
such locations (including regional or State centers) as the
State agency considers appropriate. Such education and
services shall be provided in accordance with this part.
``(h) State Agency Eligibility.--Any State agency that
desires to receive a subgrant for any fiscal year under
section 611(c) shall demonstrate to the satisfaction of the
State educational agency that--
``(1) all children with disabilities who are participating
in programs and projects funded under this part receive a
free appropriate public education, and that those children
and their parents are provided all the rights and procedural
safeguards described in this part; and
``(2) the agency meets such other conditions of this
section as the Secretary determines to be appropriate.
``SEC. 614. EVALUATIONS, REEVALUATIONS, INDIVIDUALIZED
EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS.
``(a) Evaluations and Reevaluations.--
``(1) Initial evaluations.--
``(A) In general.--A State educational agency, other State
agency, or local educational agency shall conduct an initial
evaluation, in accordance with this paragraph and subsection
(b), before the initial provision of special education and
related services to a child with a disability under this
part.
``(B) Procedures.--Such initial evaluation shall consist of
procedures--
``(i) to determine whether a child is a child with a
disability (as defined in section 602(3)); and
``(ii) to determine the educational needs of such child.
``(C) Parental consent.--
``(i) In general.--The agency proposing to conduct an
initial evaluation to determine if the child qualifies as a
child with a disability as defined in section 602(3)(A) or
602(3)(B) shall obtain an informed consent from the parent of
such child before the evaluation is conducted. Parental
consent for evaluation shall not be construed as consent for
placement for receipt of special education and related
services.
``(ii) Refusal.--If the parents of such child refuse
consent for the evaluation, the agency may continue to pursue
an evaluation by utilizing the mediation and due process
procedures under section 615(e).
``(2) Reevaluations.--A local educational agency shall
ensure that a reevaluation of each child with a disability is
conducted--
``(A) if conditions warrant a reevaluation or if the
child's parent or teacher requests a reevaluation, but at
least once every 3 years; and
``(B) in accordance with subsections (b) and (c).
``(b) Evaluation Procedures.--
``(1) Notice.--The local educational agency shall provide
notice to the parents of a child with a disability, in
accordance with subsections (b)(3), (b)(4), and (c) of
section 615, that describes any evaluation procedures such
agency proposes to conduct.
``(2) Conduct of evaluation.--In conducting the evaluation,
the local educational agency shall--
``(A) use a variety of assessment tools and strategies to
gather relevant functional and developmental information,
including information provided by the parent, that may assist
in determining whether the child is a child with a disability
and the content of the child's individualized education
program, including information related to enabling the child
to be involved in and progress in the general curriculum or,
for preschool children, to participate in appropriate
activities;
``(B) not use any single procedure as the sole criterion
for determining whether a child is a child with a disability
or determining an appropriate educational program for the
child; and
``(C) use technically sound instruments that may assess the
relative contribution of cognitive and behavioral factors, in
addition to physical or developmental factors.
``(3) Additional requirements.--Each local educational
agency shall ensure that--
``(A) tests and other evaluation materials used to assess a
child under this section--
``(i) are selected and administered so as not to be
discriminatory on a racial or cultural basis; and
``(ii) are provided and administered in the child's native
language or other mode of communication, unless it is clearly
not feasible to do so; and
``(B) any standardized tests that are given to the child--
``(i) have been validated for the specific purpose for
which they are used;
``(ii) are administered by qualified personnel; and
``(iii) are administered in accordance with any
instructions provided by the producer of such tests; and
``(C) the child is assessed in all areas of suspected
disability.
``(4) Determination of eligibility.--Upon completion of
administration of tests and other evaluation materials--
``(A) the determination of whether the child is a child
with a disability as defined in section 602(3) or section
602(3)(B) will be made by a team of qualified professionals
and the parent of the child in accordance with paragraph (5);
and
``(B) a copy of the evaluation report and the documentation
of determination of eligibility will be given to the parent.
``(5) Special rule for eligibility determination.--In
making a determination of eligibility under paragraph (4)(A),
a child shall not be determined to be a child with a
disability based on any of the following:
``(A) Lack of instruction, including instruction in reading
or math.
``(B) Limited English proficiency.
``(C) Cultural or environmental factors.
``(D) Economic disadvantage.
``(c) Reevaluation Procedures.--
``(1) In general.--As part of any reevaluation to assess a
child under this section, the individualized education
program team and other qualified professionals, as
appropriate, shall--
``(A) review existing evaluation data on the child,
including current classroom-based assessments and teacher and
related services providers observation; and
``(B) on the basis of that review and input from the
child's parents, identify what additional data, if any, are
needed to determine--
``(i) whether the child continues to have a disability, as
described in section 602(3)(A)(i) or section 602(3)(B);
``(ii) the child's present levels of performance and
educational needs; and
``(iii)(I) whether the child continues to need special
education and related services; and
``(II) if so, any additions or modifications to the special
education and related services to enable the child to meet
the objectives set out in the individualized education
program of the child and to participate, as appropriate, in
the general curriculum.
``(2) Tests and other evaluation materials.--The local
educational agency shall administer such tests and other
evaluation materials as may be needed to produce the data
identified by the IEP Team under paragraph (1)(B).
``(3) Requirements if additional data not needed.--If the
IEP Team and other qualified professionals, as appropriate,
determines that no additional data are needed to determine
whether the child continues to be a child with a disability,
the local educational agency--
``(A) shall notify the child's parents of--
``(i) that determination and the reasons for it; and
``(ii) the right of such parents to request an assessment
to determine whether the child continues to be a child with a
disability; and
``(B) shall not be required to conduct such an assessment
unless requested to by the child's parents.
``(d) Individualized Education Programs.--
[[Page H6063]]
``(1) Requirement that program be in effect.--
``(A) In general.--At the beginning of each school year,
each local educational agency, or State educational agency,
as the case may be, shall have in effect, for each child with
a disability in its jurisdiction, an individualized education
program, as defined in section 602(11).
``(B) Program for child aged 3 to 5.--In the case of a
child with a disability aged 3 to 5, inclusive, an
individualized family service plan that contains the material
described in section 636, and that is developed in accordance
with this section, may serve as the IEP of the child if using
that plan as the IEP is--
``(i) consistent with State policy; and
``(ii) agreed to by the agency and the child's parents.
``(2) Development of iep.--
``(A) In general.--An individualized education program team
shall develop the IEP described in paragraph (1). In
developing such IEP, the IEP Team, subject to subparagraph
(B), shall--
``(i) consider the child's strengths and the parents'
concerns for enhancing their child's education;
``(ii) consider the results of the initial evaluation or
most recent reevaluation;
``(iii) in the case of a child whose behavior impedes his
or her learning or that of others, consider, when
appropriate, strategies, including positive behavior
management interventions and strategies to help the child
behave in an appropriate and responsible manner conducive to
learning;
``(iv) in the case of a child with limited English
proficiency, consider the language needs of the child as such
needs relate to the child's IEP;
``(v) in the case of a child who is blind or visually
impaired, provide for instruction in braille and the use of
braille unless all members of the IEP Team concur that, after
an evaluation of the child's reading and writing skills,
needs, and appropriate reading and writing media (including
an evaluation of the child's future needs for instruction in
braille or the use of braille), instruction in braille or the
use of braille is not appropriate for the child;
``(vi) consider the communication needs of the child, and
in the case of a child who is deaf, hard-of-hearing, blind,
or communicatively disabled, consider the language and
communication needs of the child; and
``(vii) consider whether the child requires assistive
technology services or devices.
``(B) Requirement with respect to regular education
teacher.--The regular education teacher of the child, as a
member of the IEP Team, shall, to the extent appropriate,
participate in the development of the IEP of the child,
including the determination of appropriate positive behavior-
management interventions and strategies consistent with
subparagraph (A)(iii) of this paragraph, and the
determination of supplementary aids and services, program
modifications, and support for school personnel consistent
with section 602(11)(E).
``(3) Review and revision of iep.--
``(A) In general.--The local educational agency shall
ensure that, subject to subparagraph (C), the IEP Team--
``(i) reviews each IEP at least once a year to determine
whether the annual goals for the child are being achieved;
and
``(ii) revises the IEP to address--
``(I) any lack of expected progress toward the annual goals
and in the general curriculum, where appropriate;
``(II) the results of any reevaluation conducted under this
section;
``(III) information about the child provided to, or by, the
parents, as described in section 602(11)(F)(ii); or
``(IV) the child's anticipated needs as otherwise
appropriate.
``(B) Certain children with disabilities.--
``(i) In general.--In the case of a child with a disability
who has demonstrated a pattern of behavior that significantly
impairs the education of the child, or the education of the
classmates of the child, and the ability of the teacher of
the child to teach, if such teacher initiates or requests an
IEP meeting, then the appropriate authority shall convene an
IEP meeting to review the child's educational program,
related services, supplementary aids and services, and
placement.
``(ii) Review of iep.--In carrying out a review of the IEP
of the child, the IEP Team shall determine--
``(I) the appropriateness of the current IEP of the child;
``(II) whether or not special education and related
services have been appropriately provided to the child;
``(III) whether or not other supplementary aids or
services, including teacher training, are needed to address
the behavior of the child; and
``(IV) subject to clauses (iii) and (iv), whether or not
the placement of the child should be changed.
``(iii) Determination of change in placement.--Prior to
proposing a change in the placement of the child, the IEP
Team shall first consider and then document the following:
``(I) The cumulative record over a reasonable period of
time describing the frequent behaviors exhibited by the child
that significantly impairs the education of the child, the
education of the classmates of the child, and the ability of
the teacher of the child to teach.
``(II) Documentation of the efforts made to address the
behavior of the child, the use of supplementary services or
strategies (including the use of behavior management plans)
that have been implemented over a reasonable period of time
and have failed to address the behavior of the child in a
manner that would enable the child to remain in the current
educational placement of the child without significantly
impairing the education of the child, the education of the
classmates of the child, and the ability of the teacher of
the child to teach.
``(III) The training made available to the teacher or
teachers of the child.
``(iv) Expedited due process hearing.--If the IEP Team
determines that a change in placement of the child is
appropriate, and the parents of the child disagree with such
determination, then either party may request an expedited due
process hearing in accordance with section 615(f)(2).
``(C) Requirement with respect to regular education
teacher.--The regular education teacher of the child, as a
member of the IEP Team, shall, to the extent appropriate,
participate in the review and revision of the IEP of the
child.
``(4) Failure to meet transition objectives.--If a
participating agency, other than the local educational
agency, fails to provide the transition services described in
the IEP in accordance with section 602(11)(F)(ii), the local
educational agency shall reconvene the IEP Team to identify
alternative strategies to meet the transition objectives for
the child set out in that program.
``(5) Rule of construction.--Nothing in this subsection
shall be construed--
``(A) to decrease the amount of information that a parent
receives concerning the progress of the child of such parent;
or
``(B) to increase the amount of paperwork for the teachers,
related services personnel, and administrators of such child.
``(e) Educational Placements.--Each local educational
agency or State educational agency shall ensure that the
parents of each child with a disability are members of any
group that makes decisions on the educational placement of
their child.
``SEC. 615. PROCEDURAL SAFEGUARDS.
``(a) Establishment of Procedures.--Any State educational
agency or local educational agency that receives assistance
under this part shall establish and maintain procedures in
accordance with this section to assure that children with
disabilities and their parents are guaranteed procedural
safeguards with respect to the provision of free appropriate
public education by such agencies.
``(b) Types of Procedures.--The procedures required by this
section shall include--
``(1) an opportunity for the parents of a child with a
disability to examine all records relating to such child and
to participate in meetings with respect to the
identification, evaluation, and educational placement of the
child, and the provision of a free appropriate public
education to such child, and to obtain an independent
educational evaluation of the child;
``(2) procedures to protect the rights of the child
whenever the parents of the child are not known, the agency
cannot, after reasonable efforts, locate the parents, or the
child is a ward of the State, including the assignment of an
individual (who shall not be an employee of the State
educational agency, the local educational agency, or any
other agency that is involved in the education or care of the
child) to act as a surrogate for the parents;
``(3) written prior notice to the parents of the child
whenever such agency--
``(A) proposes to initiate or change; or
``(B) refuses to initiate or change;
the identification, evaluation, or educational placement of
the child, in accordance with subsection (c), or the
provision of a free appropriate public education to the
child;
``(4) procedures designed to assure that the notice
required by paragraph (3) is in the native language of the
parents, unless it clearly is not feasible to do so;
``(5) an opportunity for mediation in accordance with
subsection (e);
``(6) an opportunity to present complaints with respect to
any matter relating to the identification, evaluation, or
educational placement of the child, or the provision of a
free appropriate public education to such child;
``(7) procedures that require the parent of a child with a
disability, or the attorney representing the child, to
provide notice (which shall remain confidential)--
``(A) to the State educational agency or local educational
agency, as the case may be, in the complaint filed under
paragraph (6); and
``(B) that shall include--
``(i) the name of the child, the address of the residence
of the child, and the name of the school at which the child
is attending;
``(ii) a description of the nature of the problem of the
child relating to such proposed initiation or change,
including facts relating to such problem; and
``(iii) the proposed resolution of the problem; and
``(8) procedures that require the State educational agency
to develop a model form to assist parents in filing a
complaint in accordance with paragraph (7).
``(c) Content of Prior Written Notice.--The notice required
by subsection (b)(3) shall include--
``(1) a description of the action proposed or refused by
the agency;
``(2) an explanation of why the agency proposes or refuses
to take the action;
[[Page H6064]]
``(3) a description of any other options that the agency
considered and the reasons why those options were rejected;
``(4) a description of each evaluation procedure, test,
record, or report the agency used as a basis for the proposed
or refused action;
``(5) a description of any other factors that are relevant
to the agency's proposal or refusal; and
``(6) a statement that the parents of a child with a
disability have protection under the procedural safeguards of
this title and, if this notice is not an initial referral for
evaluation, the means by which a copy of a description of the
procedural safeguards can be obtained.
``(d) Procedural Safeguards Notice.--
``(1) In general.--A copy of the procedural safeguards
available to the parents of a child with a disability shall
be given to the parents, at a minimum--
``(A) upon initial referral for evaluation;
``(B) upon each notification of an individualized education
program meeting and upon reevaluation of the child; and
``(C) upon registration of a complaint under subsection
(b)(6).
``(2) Contents.--The procedural safeguards notice shall
include a full explanation of the procedural safeguards
written in the native language of the parents, unless not
feasible to do so, and written in an easily understandable
manner, available under this section and under regulations
promulgated by the Secretary relating to--
``(A) independent educational evaluation;
``(B) prior written notice;
``(C) parental consent;
``(D) access to educational records;
``(E) opportunity to present complaints;
``(F) the child's placement during pendency of due process
proceedings;
``(G) procedures for students who are subject to placement
in an interim alternative educational setting;
``(H) requirements for unilateral placement by parents of
children in private schools at public expense;
``(I) mediation;
``(J) due process hearings, including requirements for
disclosure of evaluation results and recommendations;
``(K) State-level appeals (if applicable in that State);
``(L) civil actions; and
``(M) attorney's fees.
``(e) Mediation.--
``(1) In general.--Any State educational agency or local
educational agency that receives assistance under this part
shall ensure that procedures are established and implemented
to allow parties to disputes involving the provision of free
appropriate public education to children with disabilities by
any such State educational agency or local educational agency
to resolve such disputes through a mediation process.
``(2) Requirements.--Such procedures shall meet the
following requirements:
``(A) The procedures shall ensure that the mediation
process--
``(i) is voluntary on the part of the parents and may be
terminated by either party after a good faith effort has been
made by the party terminating the mediation process; and
``(ii) is conducted by a qualified and impartial mediator
who is trained in effective mediation techniques.
``(B) The State shall maintain a list of individuals who
are qualified mediators and knowledgeable in laws and
regulations relating to the provision of special education
and related services.
``(C) The State shall bear the cost of the mediation
process.
``(D) Each session in the mediation process shall be
scheduled in a timely manner and shall be held in a location
that is convenient to the parties to the dispute.
``(E) An agreement reached by the parties to the dispute in
the mediation process shall be set forth in a written
mediation agreement.
``(F) Discussions that occur during the mediation process
shall be confidential and may not be used as evidence in any
subsequent due process hearings or civil proceedings, and the
parties to the mediation process may be required to sign a
confidentiality pledge prior to the commencement of such
process.
``(G) The State shall determine whether or not attorneys
may attend or otherwise participate in the mediation process
after offering the opportunity for parents and
representatives of school districts to participate in the
mediation process prior to any due process filing without
attorneys present.
``(f) Impartial Due Process Hearing.--
``(1) In general.--Whenever a complaint has been received
under section 614(d)(3)(B), or subsection (b)(6) or (k) of
this section, the parents involved in such complaint shall
have an opportunity for an impartial due process hearing
which shall be conducted by the State educational agency or
by the local educational agency, as determined by State law
or by the State educational agency.
``(2) Disclosure of evaluations and recommendations.--
``(A) In general.--At least 10 school days prior to a
hearing conducted pursuant to paragraph (1), each party shall
disclose to all other parties all evaluations and
recommendations based on the offering party's evaluations
which the party intends to use at the hearing.
``(B) Prohibition.--Any party which fails to meet the
requirement of subparagraph (A) shall be barred from
introducing such evaluations and recommendations at such
hearing.
``(3) Limitation on conduct of hearing.--A hearing
conducted pursuant to paragraph (1) may not be conducted by
an employee of the State educational agency or the local
educational agency involved in the education or care of the
child.
``(4) Additional requirements with respect to hearings for
certain children with disabilities.--A hearing conducted
pursuant to paragraph (1) that is based upon a complaint
received under section 614(d)(3)(B) shall, in addition to the
requirements contained in this subsection, comply with the
following additional requirements:
``(A) In determining whether or not the decision by the IEP
Team to change the placement of the child is justified and
appropriate, the hearing officer shall, at a minimum, review
the information under clause (iii) of such section.
``(B) The child shall remain in the current educational
placement of the child until the hearing officer reaches a
final decision under this subsection.
``(C) The hearing officer shall make a determination of
findings and reach a final decision not later than 20 days
after the first day of the hearing, or, at the discretion of
the hearing officer, not later than 30 days after such first
day of the hearing.
``(D) The placement of the child, including the placement
of the child during any due process or judicial proceeding,
shall be determined in accordance with the final decision of
the hearing officer under this subsection, unless the parents
and the State or local educational agency agree otherwise.
``(g) Appeal.--If the hearing required by subsection (f) is
conducted by a local educational agency, any party aggrieved
by the findings and decision rendered in such a hearing may
appeal such findings and decision to the State educational
agency. Such agency shall conduct an impartial review of such
decision. The officer conducting such review shall make an
independent decision upon completion of such review.
``(h) Safeguards.--Any party to a hearing conducted
pursuant to subsection (f), or an appeal conducted pursuant
to subsection (g), shall be accorded--
``(1) the right to be accompanied and advised by counsel
and by individuals with special knowledge or training with
respect to the problems of children with disabilities;
``(2) the right to present evidence and confront, cross-
examine, and compel the attendance of witnesses;
``(3) the right to a written, or, at the option of the
parents, electronic verbatim record of such hearing; and
``(4) the right to written, or, at the option of the
parents, electronic findings of fact and decisions (which
findings and decisions shall be made available to the public
consistent with the requirements of section 617(c) (relating
to the confidentiality of data, information, and records) and
shall also be transmitted to the advisory panel established
pursuant to section 612(a)(18)).
``(i) Administrative Procedures.--
``(1) In general.--A decision made in a hearing conducted
pursuant to subsection (f) shall be final, except that any
party involved in such hearing may appeal such decision under
the provisions of subsection (g) and paragraph (2) of this
subsection.
``(2) Right to bring civil action.--
``(A) In general.--Any party aggrieved by the findings and
decision made under subsection (f) who does not have the
right to an appeal under subsection (g), and any party
aggrieved by the findings and decision under this subsection,
shall have the right to bring a civil action with respect to
the complaint presented pursuant to this section, which
action may be brought in any State court of competent
jurisdiction or in a district court of the United States
without regard to the amount in controversy.
``(B) Additional requirements.--In any action brought under
this paragraph the court--
``(i) shall receive the records of the administrative
proceedings;
``(ii) shall hear additional evidence at the request of a
party; and
``(iii) basing its decision on the preponderance of the
evidence, shall grant such relief as the court determines is
appropriate.
``(3) Jurisdiction of district courts; attorneys' fees.--
``(A) In general.--The district courts of the United States
shall have jurisdiction of actions brought under this section
without regard to the amount in controversy.
``(B) Award of attorneys' fees.--In any action or
proceeding brought under this section, the court, in its
discretion, may award reasonable attorneys' fees as part of
the costs to the parents of a child or youth with a
disability who is the prevailing party.
``(C) Determination of amount of attorneys' fees.--Fees
awarded under this paragraph shall be based on rates
prevailing in the community in which the action or proceeding
arose for the kind and quality of services furnished. No
bonus or multiplier may be used in calculating the fees
awarded under this subsection.
``(D) Prohibition of attorneys' fees and related costs for
certain services.--(i) Attorneys' fees may not be awarded and
related costs may not be reimbursed in any action or
proceeding under this subsection for services performed
subsequent to the time of a written offer of settlement to a
parent if--
``(I) the offer is made within the time prescribed by Rule
68 of the Federal Rules of Civil Procedure or, in the case of
an administrative proceeding, at any time more than ten days
before the proceeding begins;
[[Page H6065]]
``(II) the offer is not accepted within 10 days; and
``(III) the court or administrative hearing officer finds
that the relief finally obtained by the parents is not more
favorable to the parents than the offer of settlement.
``(ii) Attorneys' fees may not be awarded relating to any
meeting of the IEP Team unless such meeting is convened as a
result of a judicial action or proceeding.
``(E) Exception to prohibition on attorneys' fees and
related costs.--Notwithstanding subparagraph (D), an award of
attorneys' fees and related costs may be made to a parent who
is the prevailing party and who was substantially justified
in rejecting the settlement offer.
``(F) Reduction in amount of attorneys' fees.--Except as
provided in subparagraph (G), whenever the court finds that--
``(i) the parent, during the course of the action or
proceeding, unreasonably protracted the final resolution of
the controversy;
``(ii) the amount of the attorneys' fees otherwise
authorized to be awarded unreasonably exceeds the hourly rate
prevailing in the community for similar services by attorneys
of reasonably comparable skill and experience;
``(iii) the time spent and legal services furnished were
excessive considering the nature of the action or proceeding;
``(iv) the attorney representing the parent did not provide
to the school district the appropriate information in the due
process complaint in accordance with subsection (b)(7); or
``(v) the amount of attorneys' fees requested is not
consistent with the extent of the success of the parents;
the court shall reduce, accordingly, the amount of the
attorneys' fees awarded under this subsection.
``(G) Exception to reduction in amount of attorneys'
fees.--The provisions of subparagraph (F) shall not apply in
any action or proceeding if the court finds that the State or
local educational agency unreasonably protracted the final
resolution of the action or proceeding or there was a
violation of this section.
``(j) Maintenance of Current Educational Placement.--Except
as provided in subsection (k), during the pendency of any
proceedings conducted pursuant to this section, unless the
State or local educational agency and the parents otherwise
agree, the child shall remain in the then current educational
placement of such child, or, if applying for initial
admission to a public school, shall, with the consent of the
parents, be placed in the public school program until all
such proceedings have been completed.
``(k) Placement in Alternative Educational Setting.--
``(1) Authority of school personnel.--School personnel
under this section may, to the same extent as a court, order
a change in the placement of a child with a disability--
``(A) to an appropriate interim alternative educational
setting, another setting, or suspension, for not more than 10
school days (to the extent such alternatives would be applied
to children without disabilities); and
``(B) to an appropriate interim alternative educational
setting for the same amount of time that a child without a
disability would be subject to discipline, but for not more
than an additional 45 school days if--
``(i) the child carries a weapon to school or to a school
function under the jurisdiction of a State or a local
educational agency;
``(ii) the child possesses or uses illegal drugs or sells
or solicits the sale of medications or illegal drugs while at
school or a school function under the jurisdiction of a State
or local educational agency; or
``(iii) the child causes serious injury while at school or
at a school function under the jurisdiction of a State or a
local educational agency.
``(2) Authority of hearing officer.--A hearing officer
under this section may, to the same extent as a court, order
a change in the placement of a child with a disability to an
appropriate interim alternative educational setting for not
more than 45 school days if--
``(A) the maintenance of the current placement of such
child is substantially likely to result in injury to the
child or to others; and
``(B) the hearing officer--
``(i) determines that the public agency has demonstrated by
substantial evidence that the requirement of subparagraph (A)
has been met;
``(ii) considers the appropriateness of the child's current
placement; and
``(iii) considers whether the public agency has made
reasonable efforts to minimize the risk of harm including the
use of supplementary aids and services.
``(3) Determination of setting.--The alternative
educational setting described in paragraph (1) or paragraph
(2) shall be determined by the individualized education
program team.
``(4) Manifestation determination review.--
``(A) In general.--If a change in placement or disciplinary
proceeding, including expulsion, is contemplated as a result
of an action described in paragraph (1) or paragraph (2)--
``(i) not later than 3 school days after the date on which
such action has been taken the parents shall be notified of
such action; and
``(ii) not later than 15 school days after the date on
which such action has been taken a review shall be conducted
of the relationship between the child's disability and the
behavior described in paragraph (1).
``(B) Individuals to carry out review.--A review described
in subparagraph (A) shall be conducted by the IEP Team and
other qualified personnel.
``(C) Conduct of review.--
``(i) In general.--In carrying out a review described in
subparagraph (A), the individuals described in subparagraph
(B) shall consider appropriate factors, including--
``(I) the appropriateness of the child's placement;
``(II) the consistency of the implementation of the child's
entire IEP, including the technical soundness of the behavior
strategies used;
``(III) evaluation and diagnostic results, which may
include any such results supplied by the parents or guardian
of the child; and
``(IV) observations of the child.
``(ii) Additional requirements.--The IEP Team may determine
that the behavior of the child was not a manifestation of
such child's disability only if the IEP Team first determines
that the disability--
``(I) did not impair the ability of the child to understand
the impact and consequences of the behavior; and
``(II) did not impair the ability of the child to control
the behavior.
``(5) Determination that behavior was manifestation of
disability.--If the result of the review described in
paragraph (4) is a determination that the behavior of the
child with a disability was a manifestation of such child's
disability and the parents of such child agree with such
determination, the educational placement of such child may be
changed. If the parents do not agree with such determination
or with such changed educational placement, an immediate
appeal may be made to a hearing officer to determine whether
the child's placement should be changed. Any party aggrieved
by the determination of the hearing officer may initiate a
due process hearing as described in subsection (f).
``(6) Determination that behavior was not manifestation of
disability.--
``(A) In general.--If the result of the review described in
paragraph (4) is a determination that the behavior of the
child with a disability was not a manifestation of such
child's disability, the relevant disciplinary procedures
applicable to children without disabilities may be applied in
the same manner in which they would be applied to children
without disabilities. If the parents do not agree with such
application, a due process hearing, as described in
subsection (f), may be initiated. Any determination under
paragraph (4) that a child's behavior was not a manifestation
of a disability shall be reviewed by a hearing officer under
subsection (f), whether or not the child's parents request a
hearing, before educational services to the child may be
terminated under this paragraph. During the pendency of such
due process procedures, the child shall continue to receive
educational services in the alternative educational setting.
``(B) Special rule.--Where application of the relevant
disciplinary procedures in subparagraph (A) would result in
the expulsion of the child without the receipt of educational
services, the child may be expelled only if--
``(i) the child carries a weapon to school or to a school
function under the jurisdiction of a State or local
educational agency; or
``(ii) the child possesses or uses illegal drugs or sells
or solicits the sale of medications or illegal drugs while at
school or a school function under the jurisdiction of a State
or local educational agency.
``(7) Expedited hearing.--The State or local educational
agency shall arrange for an expedited hearing in any case
described in this subsection when requested by the parent.
``(8) Additional requirements.--
``(A) Maintenance of alternative educational setting.-- If
the parent of a child described in this section requests a
hearing pursuant to subsection (f), the child shall remain in
the alternative educational setting in which such child was
placed during the pendency of any proceedings under this
subsection, unless the parents and the State or local
educational agency agree otherwise.
``(B) Protections for children not yet eligible for special
education and related services.--
``(i) In general.--A child who has not been determined to
be eligible for special education and related services under
this part and who has engaged in behavior that violated any
rule or code of conduct of the local educational agency,
including any behavior described in paragraph (1), may assert
any of the protections provided for in this part if the local
educational agency had knowledge (as determined in accordance
with this subparagraph) that the child was a child with a
disability before the behavior that precipitated the
disciplinary action occurred.
``(ii) Basis of knowledge.--A local educational agency
shall be deemed to have knowledge that a child is a child
with a disability if--
``(I) the parent of the child has expressed concern in
writing (unless the parent is illiterate or has a disability
that prevents compliance with the requirements contained in
this subclause) to personnel of the appropriate educational
agency that the child is in need of special education and
related services;
``(II) the behavior of the child demonstrates the need for
such services;
[[Page H6066]]
``(III) the parent of the child has requested an evaluation
of the child pursuant to section 614; or
``(IV) the teacher of the child, or other personnel of the
local educational agency, has expressed concern about the
behavior of the child to the director of special education of
such agency or to other personnel of the agency.
``(iii) Conditions that apply if no basis of knowledge.--
``(I) In general.--If a local educational agency does not
have knowledge that a child is a child with a disability (in
accordance with clause (ii)) prior to taking disciplinary
measures against the child, the child may be subjected to the
same disciplinary measures as measures applied to children
without disabilities, who engaged in comparable behaviors
consistent with paragraph (2).
``(II) Limitations.--If a request is made for an evaluation
of a child during the time period in which the child is
subjected to disciplinary measures under paragraph (1), the
evaluation shall be conducted in an expedited manner. If the
child is determined to be a child with a disability, taking
into consideration information from the evaluation conducted
by the agency and information provided by the parents, the
agency shall provide special education and related services
in accordance with the provisions of this part, except that,
pending the results of the evaluation, the child shall remain
in the educational placement determined by school
authorities.
``(C) Referral to and action by law enforcement and
judicial authorities.--Nothing in this part shall be
construed to prohibit an agency from reporting a crime
committed by a child with a disability to appropriate
authorities or to prevent State law enforcement and judicial
authorities from exercising their responsibilities with
regard to the application of Federal and State law to crimes
committed by a child with a disability.
``(9) Definitions.--For purposes of this subsection, the
following definitions apply:
``(A) Illegal drug.--The term `illegal drug'--
``(i) means a controlled substance within the meaning of
any of paragraphs (1) through (5) of section 202 of the
Controlled Substances Act (21 U.S.C 812); but
``(ii) does not include a controlled substance within the
meaning of paragraphs (1) through (5) of section 202 of such
Act if--
``(I) such controlled substance is legally possessed or
used under the supervision of a licensed health care
professional; or
``(II) such controlled substance is legally possessed or
used under any other authority under such Act or under any
other provision of Federal law.
``(B) Serious injury.--The term `serious injury' means an
injury that involves substantial risk of death, extreme
physical pain, obvious or protracted disfigurement, loss of
the use of bodily members or organs, broken bones, or
significant endangerment to an individual's emotional health
or safety that is the result of a physical or verbal assault.
``(C) Weapon.--The term `weapon' has the meaning given the
term `dangerous weapon' under paragraph (2) of the first
subsection (g) of section 930 of title 18, United States
Code.
``(l) Rule of Construction.--Nothing in this part shall be
construed to restrict or limit the rights, procedures, and
remedies available under the Constitution, the Americans with
Disabilities Act, title V of the Rehabilitation Act of 1973,
or other Federal laws protecting the rights of children with
disabilities, except that before the filing of a civil action
under such laws seeking relief that is also available under
this part, the procedures under subsections (f) and (g) shall
be exhausted to the same extent as would be required had the
action been brought under this part.
``(m) Transfer of Parental Rights at Age of Majority.--
``(1) In general.--A State that receives amounts from a
grant under this part may provide that, when a child with a
disability reaches the age of majority under State law
(except for a child with a disability who has been determined
to be incompetent under State law)--
``(A) the public agency shall provide any notice required
by this section to both the individual and the parents;
``(B) all other rights accorded to parents under this part
transfer to the child;
``(C) the agency shall notify the individual and the
parents of the transfer of rights; and
``(D) all rights accorded to parents under this part
transfer to children who are incarcerated in an adult or
juvenile Federal, State, or local correctional institution.
``(2) Special rule.--If, under State law, a child with a
disability who has reached the age of majority under State
law is determined not to have the ability to provide informed
consent with respect to the educational program of the child,
the State shall establish procedures for appointing the
parent of the child, or another appropriate individual, to
represent the educational interests of the child throughout
the period of eligibility of the child under this part.
``SEC. 616. WITHHOLDING AND JUDICIAL REVIEW.
``(a) Withholding of Payments.--
``(1) In general.--Whenever the Secretary, after reasonable
notice and opportunity for hearing to the State educational
agency involved (and to any local educational agency or State
agency affected by any failure described in subparagraph
(B)), finds--
``(A) that there has been a failure by the State to comply
substantially with any provision of this part; or
``(B) that there is a failure to comply with any condition
of a local educational agency's or State agency's eligibility
under this part;
the Secretary shall, after notifying the State educational
agency, withhold any further payments to the State under this
part.
``(2) Nature of withholding.--If the Secretary withholds
further payments under paragraph (1), the Secretary may
determine that such withholding will be limited to programs
or projects, or portions thereof, affected by the failure, or
that the State educational agency shall not make further
payments under this part to specified local educational
agencies or State agencies affected by the failure. Until the
Secretary is satisfied that there is no longer any failure to
comply with the provisions of this part, as specified in
subparagraph (A) or (B) of paragraph (1), no further payments
shall be made to the State under this part, or payments by
the State educational agency under this part shall be limited
to local educational agencies and State agencies whose
actions did not cause or were not involved in the failure, as
the case may be. Any State educational agency, State agency,
or local educational agency that has received notice under
paragraph (1) shall, by means of a public notice, take such
measures as may be necessary to bring the pendency of an
action pursuant to this subsection to the attention of the
public within the jurisdiction of such agency.
``(b) Judicial Review.--
``(1) In general.--If any State is dissatisfied with the
Secretary's final action with respect to the eligibility of
the State under section 612, such State may, not later than
60 days after notice of such action, file with the United
States court of appeals for the circuit in which such State
is located a petition for review of that action. A copy of
the petition shall be forthwith transmitted by the clerk of
the court to the Secretary. The Secretary thereupon shall
file in the court the record of the proceedings upon which
the Secretary's action was based, as provided in section 2112
of title 28, United States Code.
``(2) Jurisdiction; review by united states supreme
court.--Upon the filing of such petition, the court shall
have jurisdiction to affirm the action of the Secretary or to
set it aside, in whole or in part. The judgment of the court
shall be subject to review by the Supreme Court of the United
States upon certiorari or certification as provided in
section 1254 of title 28, United States Code.
``(3) Standard of review.--The findings of fact by the
Secretary, if supported by substantial evidence, shall be
conclusive, but the court, for good cause shown, may remand
the case to the Secretary to take further evidence, and the
Secretary may thereupon make new or modified findings of fact
and may modify the Secretary's previous action, and shall
file in the court the record of the further proceedings. Such
new or modified findings of fact shall likewise be conclusive
if supported by substantial evidence.
``SEC. 617. ADMINISTRATION.
``(a) Responsibilities of Secretary.--In carrying out this
part, the Secretary shall--
``(1) cooperate with, and (directly or by grant or
contract) furnish technical assistance necessary to, the
State in matters relating to--
``(A) the education of children with disabilities; and
``(B) carrying out this part; and
``(2) provide short-term training programs and institutes.
``(b) Rules and Regulations.--In carrying out the
provisions of this part, the Secretary shall issue
regulations under this Act only to the extent that such
regulations are necessary to ensure that there is compliance
with the specific requirements of this Act.
``(c) Confidentiality.--The Secretary shall take
appropriate action, in accordance with the provisions of
section 444 of the General Education Provisions Act (20
U.S.C. 1232g), to assure the protection of the
confidentiality of any personally identifiable data,
information, and records collected or maintained by the
Secretary and by State and local educational agencies
pursuant to the provisions of this part.
``(d) Personnel.--The Secretary is authorized to hire
qualified personnel necessary to conduct data collection and
evaluation activities authorized by subsection (a) and
section 618 without regard to the provisions of title 5,
United States Code, relating to appointments in the
competitive service and without regard to chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and general schedule pay rates, except that no
more than twenty such personnel shall be employed at any
time.
``SEC. 618. PROGRAM INFORMATION.
``(a) In General.--Each State that receives assistance
under this part, and the Secretary of the Interior, shall
provide data, which may be based on a sampling of data, each
year to the Secretary on--
``(1) the number of children, categorized by race,
ethnicity, gender, and disability, who are receiving--
``(A) a free appropriate public education; or
``(B) early intervention services because--
``(i) such children have developmental delays; or
``(ii) such children have a diagnosed physical or mental
condition that has a high probability of resulting in
developmental delay;
[[Page H6067]]
``(2) the progress of the State, and of the children with
disabilities in the State, toward meeting the goals
established under section 612(14);
``(3) the types of early intervention services provided to
such children;
``(4) the number of children with disabilities, categorized
by race, ethnicity, gender, and disability--
``(A) participating in regular education programs;
``(B) in separate classes, separate schools or facilities,
or public or private residential facilities;
``(C) who have been otherwise removed from the regular
education environment; and
``(D) in various early intervention settings;
``(5) for each year of age from age 14 to 21, the number of
children with disabilities, categorized by race, ethnicity,
gender, and disability, who, because of program completion or
for other reasons, stopped receiving special education, and
the reasons why such children stopped receiving such special
education;
``(6)(A) the number of children with disabilities,
categorized by race, ethnicity, gender, and disability, who,
under section 615(k), are removed to an interim alternative
educational setting;
``(B) the acts or items precipitating such removals; and
``(C) the number of children with disabilities who are
expelled from school without receiving services; and
``(7) any other information required by the Secretary.
``(b) Disproportionality.--
``(1) In general.--Each State that receives assistance
under this part, and the Secretary of the Interior, shall
provide for the collection and examination of data to
determine if significant disproportionality based on race is
occurring in the State with respect to--
``(A) the identification of children as children with
disabilities, including the identification of children as
children with disabilities in accordance with a particular
impairment described in section 602(3); and
``(B) the placement in particular educational settings of
such children.
``(2) Review and revision of policies, practices, and
procedures.--In the case of a determination of significant
disproportionality with respect to the identification of
children as children with disabilities, or the placement in
particular educational settings of such children, in
accordance with paragraph (1), the State or the Secretary of
the Interior, as the case may be, shall provide for the
review and, if appropriate, revision of the policies,
procedures, and practices used in such identification or
placement to ensure that such policies, procedures, and
practices comply with the requirements of this Act.
``SEC. 619. PRESCHOOL GRANTS.
``(a) In General.--The Secretary shall provide grants under
this section to assist States to provide special education
and related services, in accordance with this part--
``(1) to children with disabilities aged 3 to 5, inclusive;
and
``(2) at the State's discretion, to 2-year-old children
with disabilities who will turn 3 during the school year.
``(b) Eligibility.--A State shall be eligible for a grant
under this section if such State--
``(1) is eligible under section 612 to receive a grant
under this part; and
``(2) makes a free appropriate public education available
to all children with disabilities, aged 3 to 5, inclusive,
residing in the State.
``(c) Amount.--
``(1) In general.--From the amount appropriated for any
fiscal year pursuant to the authorization of appropriations
under subsection (m), the Secretary shall allot to each
eligible State the amount it received for fiscal year 1996
under this section (as this section was in effect on the day
before the date of the enactment of the IDEA Improvement Act
of 1996).
``(2) Insufficient funds.--
``(A) In general.--If the amount appropriated under
subsection (m) for a fiscal year is insufficient to make the
full allotments described in paragraph (1), the Secretary
shall--
``(i) first, reduce the allocation to any State whose
number of children aged 3 to 5, inclusive, is less than the
number of such children in such State in fiscal year 1995 by
the same percentage by which such number of children declined
from the number of children in fiscal year 1995; and
``(ii) second, if necessary, ratably reduce the allocations
of all States, including those allocations reduced under
clause (i).
``(B) Availability of additional funds.--If additional
funds become available to make allocations under this
section, the allocations that were reduced under subparagraph
(A) shall be increased on the same basis as such allocations
were reduced.
``(d) Allotment of Remaining Funds.--After making
allotments under subsection (c), the Secretary shall allot
any remaining funds to eligible States on the basis of their
relative population of children aged 3 to 5, inclusive.
``(e) Special Rule With Respect to Puerto Rico.--
Notwithstanding any other provision of this subsection, the
amount allotted to Puerto Rico for a fiscal year shall bear
the same or lower proportion to the amount appropriated
pursuant to subsection (m) as the amount received by Puerto
Rico under this section for fiscal year 1996 bears to the
aggregate of the amounts received by all States under this
section for fiscal year 1996.
``(f) Determination of Population Figures.--For the purpose
of providing grants under this section, the Secretary shall
use the most recent population data that are available and
satisfactory to the Secretary.
``(g) Reservation for State Activities.--A State may
reserve not more than 25 percent of the amount allotted to
the State under this section for a fiscal year for
administration and other State-level activities in accordance
with subsections (h) and (i).
``(h) State Administration.--
``(1) In general.--A State may use up to 3 percent of the
amount allotted to the State under this section for a fiscal
year for the purpose of administering this section, including
the coordination of activities under this part with, and
providing technical assistance to, other programs that
provide services to children with disabilities.
``(2) Use of amounts for administration of part c.--If the
State educational agency is the lead agency for the State
under part C, amounts described in paragraph (1) may also be
used for the administration of such part C.
``(i) Other State-Level Activities.--Each State shall use
any funds it retains under subsection (g) and does not use
for administration under subsection (h)--
``(1) for support services (including establishing and
implementing the mediation process required by section
615(d)), which may benefit children with disabilities younger
than 3 or older than 5 as long as those services also benefit
children with disabilities aged 3 to 5, inclusive;
``(2) for direct services for children eligible for
services under this section;
``(3) to develop a State improvement plan under part D;
``(4) for activities at the State and local levels to meet
the performance goals established by the State under section
612(a)(14) and to support implementation of the State
improvement plan under part D if the State receives funds
under that part; or
``(5) to supplement other funds used to develop and
implement a Statewide coordinated services system designed to
improve results for children and families, including children
with disabilities and their families, but not to exceed one
percent of the amount received by the State under this
section for a fiscal year.
``(j) Subgrants to Local Educational Agencies.--
``(1) Requirement to make subgrants.--Each State that
receives a grant under this section for any fiscal year shall
distribute at least 75 percent of the grant funds to local
educational agencies in the State, and to State agencies that
received funds under section 614A(a) (as such section was in
effect on the day before the date of the enactment of the
IDEA Improvement Act of 1996) for fiscal year 1996, that have
established their eligibility under section 613.
``(2) Methods of distribution.--A State may distribute
funds under paragraph (1) on the basis of--
``(A) total school age population;
``(B) school enrollment;
``(C) numbers of children with disabilities aged 3 to 5,
inclusive, receiving a free appropriate public education;
``(D) allocations for previous fiscal years;
``(E) any two or more of the factors described in
subparagraphs (A) through (D); or
``(F) poverty, in combination with one or more of the
factors described in subparagraphs (A) through (D).
``(k) 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.
``(l) Prohibition on Consolidation of Grants for
Territories.--The provisions of section 501 of Public Law 95-
134 (48 U.S.C. 1469a; relating to the consolidation of one or
more grants provided to certain territories) shall not apply
with respect to amounts provided to a territory under a grant
under this section.
``(m) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated to the Secretary such sums as may be necessary.
``PART C--INFANTS AND TODDLERS WITH DISABILITIES
``SEC. 631. FINDINGS AND POLICY.
``(a) Findings.--The Congress finds that there is an urgent
and substantial need--
``(1) to enhance the development of infants and toddlers
with disabilities and to minimize their potential for
developmental delay;
``(2) to reduce the educational costs to our society,
including our Nation's schools, by minimizing the need for
special education and related services after infants and
toddlers with disabilities reach school age;
``(3) to minimize the likelihood of institutionalization of
individuals with disabilities and maximize the potential for
their independently living in society;
``(4) to enhance the capacity of families to meet the
special needs of their infants and toddlers with
disabilities; and
``(5) to enhance the capacity of State and local agencies
and service providers to identify, evaluate, and meet the
needs of historically underrepresented populations,
particularly minority, low-income, inner-city, and rural
populations.
``(b) Policy.--It is therefore the policy of the United
States to provide financial assistance to States--
[[Page H6068]]
``(1) to develop and implement a statewide, comprehensive,
coordinated, multidisciplinary, interagency system of early
intervention services for infants and toddlers with
disabilities and their families;
``(2) to facilitate the coordination of payment for early
intervention services from Federal, State, local, and private
sources (including public and private insurance coverage);
and
``(3) to enhance their capacity to provide quality early
intervention services and expand and improve existing early
intervention services being provided to infants and toddlers
with disabilities and their families.
``SEC. 632. DEFINITIONS.
``As used in this part:
``(1) At-risk infant or toddler.--The term `at-risk infant
or toddler' means an individual under 3 years of age who
would be at risk of experiencing a substantial developmental
delay if early intervention services were not provided to the
individual.
``(2) Council.--The term `council' means a State
interagency coordinating council established under section
641.
``(3) Developmental delay.--The term `developmental delay',
when used with respect to an individual residing in a State,
has the meaning given such term by the State under section
635(a)(1).
``(4) Early intervention services.--The term `early
intervention services' means developmental services which--
``(A) are provided under public supervision;
``(B) are provided at no cost except where Federal or State
law provides for a system of payments by families, including
a schedule of sliding fees;
``(C) are designed to meet the developmental needs of an
infant or toddler with a disability in any one or more of the
following areas--
``(i) physical development;
``(ii) cognitive development;
``(iii) communication development;
``(iv) social or emotional development; or
``(v) adaptive development;
``(D) meet the standards of the State in which they are
provided, including the requirements of this part;
``(E) include--
``(i) family training, counseling, and home visits;
``(ii) special instruction;
``(iii) speech-language pathology and audiology services;
``(iv) occupational therapy;
``(v) physical therapy;
``(vi) psychological services;
``(vii) service coordination services;
``(viii) medical services only for diagnostic or evaluation
purposes;
``(ix) early identification, screening, and assessment
services;
``(x) health services necessary to enable the infant or
toddler to benefit from the other early intervention
services;
``(xi) social work services;
``(xii) vision services;
``(xiii) assistive technology devices and assistive
technology services; and
``(xiv) transportation and related costs that are necessary
to enable an infant or toddler and the infant's or toddler's
family to receive another service described in this
paragraph;
``(F) are provided by qualified personnel, including--
``(i) special educators;
``(ii) speech-language pathologists and audiologists;
``(iii) occupational therapists;
``(iv) physical therapists;
``(v) psychologists;
``(vi) social workers;
``(vii) nurses;
``(viii) nutritionists;
``(ix) family therapists;
``(x) orientation and mobility specialists; and
``(xi) pediatricians and other physicians;
``(G) to the maximum extent appropriate, are provided in
natural environments, including the home, and community
settings in which children without disabilities participate;
and
``(H) are provided in conformity with an individualized
family service plan adopted in accordance with section 636.
``(5) Infant or toddler with a disability.--The term
`infant or toddler with a disability'--
``(A) means an individual under 3 years of age who needs
early intervention services because the individual--
``(i) is experiencing developmental delays, as measured by
appropriate diagnostic instruments and procedures in one or
more of the areas of cognitive development, physical
development, communication development, social or emotional
development, and adaptive development; or
``(ii) has a diagnosed physical or mental condition which
has a high probability of resulting in developmental delay;
and
``(B) may also include, at a State's discretion, at-risk
infants and toddlers.
``SEC. 633. GENERAL AUTHORITY.
``The Secretary shall, in accordance with this part, make
grants to States (from their allocations under section 643)
to assist each State to maintain and implement a statewide,
comprehensive, coordinated, multidisciplinary, interagency
system to provide early intervention services for infants and
toddlers with disabilities and their families.
``SEC. 634. ELIGIBILITY.
``In order to be eligible for a grant under section 633, a
State shall demonstrate to the Secretary that the State--
``(1) has adopted a policy that appropriate early
intervention services are available to all infants and
toddlers with disabilities in the State and their families,
including Indian infants and toddlers with disabilities and
their families residing on a reservation geographically
located in the State; and
``(2) has in effect a statewide system that meets the
requirements of section 635.
``SEC. 635. REQUIREMENTS FOR STATEWIDE SYSTEM.
``(a) In General.--A statewide system described in section
633 shall include, at a minimum, the following components:
``(1) A definition of the term `developmental delay' that
will be used by the State in carrying out programs under this
part.
``(2) A timely, comprehensive, multidisciplinary evaluation
of the functioning of each infant or toddler with a
disability in the State, and a family-directed identification
of the needs of each family of such an infant or toddler, to
appropriately assist in the development of the infant or
toddler.
``(3) For each infant or toddler with a disability in the
State, an individualized family service plan in accordance
with section 636, including service coordination services in
accordance with such service plan.
``(4) A comprehensive child find system, consistent with
part B, including a system for making referrals to service
providers that includes timelines and provides for
participation by primary referral sources.
``(5) A public awareness program focusing on early
identification of infants and toddlers with disabilities,
including the preparation and dissemination by the lead
agency designated or established under paragraph (8) to all
primary referral sources, especially hospitals and
physicians, of information for parents on the availability of
early intervention services, and procedures for determining
the extent to which such sources disseminate such information
to parents of infants and toddlers.
``(6) A central directory which includes information on
early intervention services, resources, and experts available
in the State and research and demonstration projects being
conducted in the State.
``(7) A comprehensive system of personnel development,
including the training of paraprofessionals and the training
of primary referral sources respecting the basic components
of early intervention services available in the State, that
is consistent with the comprehensive system of personnel
development described in section 612(a)(13) (or with the
personnel development requirements for State improvement
plans under section 683) and may include--
``(A) implementing innovative strategies and activities for
the recruitment and retention of early education service
providers;
``(B) promoting the preparation of early intervention
providers who are fully and appropriately qualified to
provide early intervention services under this part;
``(C) training personnel to work in rural and inner city
areas; and
``(D) training personnel to coordinate transition services
for infants and toddlers served under this part from an early
intervention program under this part to preschool or other
appropriate services.
``(8) Policies and procedures relating to the establishment
and maintenance of standards to ensure that personnel
necessary to carry out this part are appropriately and
adequately prepared and trained, including--
``(A) the establishment and maintenance of standards which
are consistent with any State approved or recognized
certification, licensing, registration, or other comparable
requirements which apply to the area in which such personnel
are providing early intervention services; and
``(B) subject to subsection (b), to the extent such
standards are not based on the highest requirements in the
State applicable to a specific profession or discipline, the
steps the State is taking to require the retraining or hiring
of personnel that meet appropriate professional requirements
in the State;
except that nothing in this part, including this paragraph,
prohibits the use of paraprofessionals and assistants who are
appropriately trained and supervised, in accordance with
State law, regulations, or written policy, to assist in the
provision of early intervention services to infants and
toddlers with disabilities under this part.
``(9) A single line of responsibility in a lead agency
designated or established by the Governor for carrying out--
``(A) the general administration and supervision of
programs and activities receiving assistance under section
633, and the monitoring of programs and activities used by
the State to carry out this part, whether or not such
programs or activities are receiving assistance made
available under section 633, to ensure that the State
complies with this part;
``(B) the identification and coordination of all available
resources within the State from Federal, State, local and
private sources;
``(C) the assignment of financial responsibility in
accordance with section 637(a)(1) to the appropriate
agencies;
``(D) the development of procedures to ensure that services
are provided to infants and toddlers and their families under
this part in a timely manner pending the resolution of any
disputes among public agencies or service providers;
``(E) the resolution of intra- and interagency disputes;
and
[[Page H6069]]
``(F) the entry into formal interagency agreements that
define the financial responsibility of each agency for paying
for early intervention services (consistent with State law)
and procedures for resolving disputes and that include all
additional components necessary to ensure meaningful
cooperation and coordination.
``(10) A policy pertaining to the contracting or making of
other arrangements with service providers to provide early
intervention services in the State, consistent with the
provisions of this part, including the contents of the
application used and the conditions of the contract or other
arrangements.
``(11) A procedure for securing timely reimbursement of
funds used under this part in accordance with section 640(a).
``(12) Procedural safeguards with respect to programs under
this part, as required by section 639.
``(13) A system for compiling data requested by the
Secretary under section 618 that relates to this part.
``(14) A State interagency coordinating council that meets
the requirements of section 641.
``(15) Policies and procedures to ensure that, consistent
with section 636(d)(5)--
``(A) to the maximum extent appropriate, early intervention
services are provided in natural environments; and
``(B) the provision of early intervention services for any
infant or toddler occurs in a setting other than a natural
environment only when early intervention cannot be achieved
satisfactorily for such infant or toddler in a natural
environment.
``(b) Modification of Personnel Requirement.--If a State
determines that the requirement of subsection (a)(8)(B) would
significantly inhibit the ability of the State to contract
with, or employ, an appropriate number and types of personnel
to provide early intervention services to infants and
toddlers with disabilities in a geographic region, the State
may, subject to public notice and comment, temporarily
suspend the requirement for the region, in a manner
consistent with State law and for a period not exceeding 3
years, with respect to the most qualified available
individuals in shortage areas who are making annual progress
in applicable coursework.
``SEC. 636. INDIVIDUALIZED FAMILY SERVICE PLAN.
``(a) Assessment and Program Development.--A statewide
system described in section 633 shall provide, at a minimum,
for each infant or toddler with a disability, and the
infant's or toddler's family, to receive--
``(1) a multidisciplinary assessment of the unique
strengths and needs of the infant or toddler and the
identification of services appropriate to meet such needs;
``(2) a family-directed assessment of the resources,
priorities, and concerns of the family and the identification
of the supports and services necessary to enhance the
family's capacity to meet the developmental needs of the
infant or toddler; and
``(3) a written individualized family service plan
developed by a multidisciplinary team, including the parents,
as required by subsection (e).
``(b) Periodic Review.--The individualized family service
plan shall be evaluated once a year and the family shall be
provided a review of the plan at 6-month intervals (or more
often where appropriate based on infant or toddler and family
needs).
``(c) Promptness After Assessment.--The individualized
family service plan shall be developed within a reasonable
time after the assessment required by subsection (a)(1) is
completed. With the parents' consent, early intervention
services may commence prior to the completion of such
assessment.
``(d) Content of Plan.--The individualized family service
plan shall be in writing and contain--
``(1) a statement of the infant's or toddler's present
levels of physical development, cognitive development,
communication development, social or emotional development,
and adaptive development, based on objective criteria;
``(2) a statement of the family's resources, priorities,
and concerns relating to enhancing the development of the
family's infant or toddler with a disability;
``(3) a statement of the major outcomes expected to be
achieved for the infant or toddler and the family, and the
criteria, procedures, and timelines used to determine the
degree to which progress toward achieving the outcomes is
being made and whether modifications or revisions of the
outcomes or services are necessary;
``(4) a statement of specific early intervention services
necessary to meet the unique needs of the infant or toddler
and the family, including the frequency, intensity, and
method of delivering services;
``(5) a statement of the natural environments in which
early intervention services shall appropriately be provided,
including a justification of the extent, if any, to which
such services will not be provided in a natural environment;
``(6) the projected dates for initiation of services and
the anticipated duration of such services;
``(7) the identification of the service coordinator from
the profession most immediately relevant to the infant's or
toddler's or family's needs (or who is otherwise qualified to
carry out all applicable responsibilities under this part)
who will be responsible for the implementation of the plan
and coordination with other agencies and persons; and
``(8) the steps to be taken to support the transition of
the toddler with a disability to preschool or other
appropriate services.
``(e) Parental Consent.--The contents of the individualized
family service plan shall be fully explained to the parents
and informed written consent from such parents shall be
obtained prior to the provision of early intervention
services described in such plan. If such parents do not
provide such consent with respect to a particular early
intervention service, then the early intervention services to
which such consent is obtained shall be provided.
``SEC. 637. STATE APPLICATION AND ASSURANCES.
``(a) Application.--A State desiring to receive a grant
under section 633 shall submit an application to the
Secretary at such time and in such manner as the Secretary
may reasonably require. Such application shall contain--
``(1) a designation of the lead agency in the State that
will be responsible for the administration of funds provided
under section 633;
``(2) a designation of a person responsible for assigning
financial responsibility among appropriate agencies;
``(3) information demonstrating eligibility of the State
under section 634, including--
``(A) information demonstrating to the Secretary's
satisfaction that the State has in effect the statewide
system required by section 633; and
``(B) a description of services to be provided to infants
and toddlers with disabilities and their families through the
system;
``(4) a description of the uses for which funds will be
expended in accordance with this part;
``(5) a description of the procedure used to ensure that
resources are made available under this part for all
geographic areas within the State;
``(6) a description of State policies and procedures that
ensure that, prior to the adoption by the State of any other
policy or procedure necessary to meet the requirements of
this part, there are public hearings, adequate notice of the
hearings, and an opportunity for comment available to the
general public, including individuals with disabilities and
parents of infants and toddlers with disabilities;
``(7) a description of the policies and procedures to be
used--
``(A) to ensure a smooth transition for toddlers receiving
early intervention services under this part to preschool or
other appropriate services, including a description of how--
``(i) the families of such toddlers will be included in the
transition plans required by subparagraph (C); and
``(ii) the lead agency designated or established under
section 635(a) will--
``(I) notify the local educational agency for the area in
which such a child resides that the child will shortly reach
the age of eligibility for preschool services under part B,
as determined in accordance with State law;
``(II) in the case of such a child who may be eligible for
such preschool services, with the approval of the family of
the child, convene a conference among the lead agency, the
family, and the local educational agency at least 90 days
(and at the discretion of all such parties, up to 6 months)
before the child is eligible for the preschool services, to
discuss any such services that the child may receive; and
``(III) in the case of such a child who may not be eligible
for such preschool services, with the approval of the family,
make reasonable efforts to convene a conference among the
lead agency, the family, and providers of other appropriate
services for children who are not eligible for preschool
services under part B, to discuss the appropriate services
that the child may receive;
``(B) to review the child's program options for the period
from the child's third birthday through the remainder of the
school year; and
``(C) to establish a transition plan; and
``(8) such other information and assurances as the
Secretary may reasonably require.
``(b) Assurances.--The application described in subsection
(a) shall contain the following:
``(1) A satisfactory assurance that the State will--
``(A) make such reports in such form and containing such
information as the Secretary may require to carry out the
Secretary's functions under this part; and
``(B) keep such records and afford such access thereto as
the Secretary may find necessary to assure the correctness
and verification of such reports and proper disbursement of
Federal funds under this part.
``(2) A satisfactory assurance that Federal funds made
available under section 633 will be used to supplement and
increase the level of State and local funds expended for
infants and toddlers with disabilities and their families
under this part and in no case to supplant such State and
local funds.
``(3) Such other information and assurances as the
Secretary may reasonably require by regulation.
``(c) Standard for Disapproval of Application.--The
Secretary may not disapprove such an application unless the
Secretary determines, after notice and opportunity for a
hearing, that the application fails to comply with the
requirements of this section.
``(d) Subsequent State Application.--If a State has on file
with the Secretary a policy, procedure, or assurance that
demonstrates that the State meets a requirement of this
section, including any policy or procedure
[[Page H6070]]
filed under part H (as in effect before the date of the
enactment of the IDEA Improvement Act of 1996), the Secretary
shall consider the State to have met the requirement for
purposes of receiving a grant under this part.
``(e) Modification of Application.--An application
submitted by a State in accordance with this section shall
remain in effect until the State submits to the Secretary
such modifications as the State determines necessary. This
section shall apply to a modification of an application to
the same extent and in the same manner as this section
applies to the original application.
``SEC. 638. USES OF FUNDS.
``In addition to using funds provided under section 633 to
maintain and implement the statewide system required by such
section, a State may use such funds--
``(1) for direct early intervention services for infants
and toddlers with disabilities, and their families, under
this part that are not otherwise funded through other public
or private sources;
``(2) to expand and improve on services for infants and
toddlers and their families under this part that are
otherwise available; and
``(3) to provide a free appropriate public education, in
accordance with part B, to children with disabilities from
their third birthday to the beginning of the following school
year.
``SEC. 639. PROCEDURAL SAFEGUARDS.
``(a) Minimum Procedures.--The procedural safeguards
required to be included in a statewide system under section
635(a)(10) shall provide, at a minimum, the following:
``(1) The timely administrative resolution of complaints by
parents. Any party aggrieved by the findings and decision
regarding an administrative complaint shall have the right to
bring a civil action with respect to the complaint in any
State court of competent jurisdiction or in a district court
of the United States without regard to the amount in
controversy. In any action brought under this paragraph, the
court shall receive the records of the administrative
proceedings, shall hear additional evidence at the request of
a party, and, basing its decision on the preponderance of the
evidence, shall grant such relief as the court determines is
appropriate.
``(2) The right to confidentiality of personally
identifiable information, including the right of parents to
written notice of and written consent to the exchange of such
information among agencies consistent with Federal and State
law.
``(3) The right of the parents to determine whether they,
their infant or toddler, or other family members will accept
or decline any early intervention service under this part in
accordance with State law without jeopardizing other early
intervention services under this part.
``(4) The opportunity for parents to examine records
relating to assessment, screening, eligibility
determinations, and the development and implementation of the
individualized family service plan.
``(5) Procedures to protect the rights of the infant or
toddler whenever the parents of the child are not known or
cannot be found or the child is a ward of the State,
including the assignment of an individual (who shall not be
an employee of the State or any person, or any employee of a
person, providing early intervention services to the infant
or toddler or any family member of the infant or toddler) to
act as a surrogate for the parents.
``(6) Written prior notice to the parents of the infant or
toddler with a disability whenever the State agency or
service provider proposes to initiate or change or refuses to
initiate or change the identification, evaluation, placement,
or the provision of appropriate early intervention services
to the infant or toddler with a disability.
``(7) Procedures designed to assure that the notice
required by paragraph (6) fully informs the parents, in the
parents' native language, unless it clearly is not feasible
to do so, of all procedures available pursuant to this
section.
``(8) The right of parents to use mediation in accordance
with section 615(e), except that--
``(A) any reference in such section to a State educational
agency shall be considered to be a reference to a State's
lead agency established or designated under section
635(a)(8);
``(B) any reference in such section to a local educational
agency shall be considered to be a reference to a local
service provider or the State's lead agency under this part,
as the case may be; and
``(C) any reference in such section to the provision of
free appropriate public education to children with
disabilities shall be considered to be a reference to the
provision of appropriate early intervention services to
infants and toddlers with disabilities.
``(b) Services During Pendency of Proceedings.--During the
pendency of any proceeding or action involving a complaint by
the parents of an infant or toddler with a disability, unless
the State agency and the parents otherwise agree, the infant
or toddler shall continue to receive the appropriate early
intervention services currently being provided or, if
applying for initial services, shall receive the services not
in dispute.
``SEC. 640. PAYOR OF LAST RESORT.
``(a) Nonsubstitution.--Funds provided under section 643
may not be used to satisfy a financial commitment for
services which would have been paid for from another public
or private source but for the enactment of this part, except
that whenever considered necessary to prevent a delay in the
receipt of appropriate early intervention services by an
infant, toddler, or family in a timely fashion, funds
provided under section 643 may be used to pay the provider of
services pending reimbursement from the agency which has
ultimate responsibility for the payment.
``(b) Reduction of Other Benefits.--Nothing in this part
shall be construed to permit the State to reduce medical or
other assistance available or to alter eligibility under
title V of the Social Security Act (relating to maternal and
child health) or title XIX of the Social Security Act
(relating to medicaid for infants or toddlers with
disabilities) within the State.
``SEC. 641. STATE INTERAGENCY COORDINATING COUNCIL.
``(a) Establishment.--
``(1) In general.--A State that desires to receive
financial assistance under this part shall establish a State
interagency coordinating council.
``(2) Appointment.--The council shall be appointed by the
Governor. In making appointments to the council, the Governor
shall ensure that the membership of the council reasonably
represents the population of the State.
``(3) Chairperson.--The Governor shall designate a member
of the council to serve as the chairperson of the Council, or
shall require the council to so designate such a member. Any
member of the council who is a representative of the lead
agency designated under section 635(b)(8) may not serve as
the chairperson of the council.
``(b) Composition.--
``(1) In general.--The council shall be composed as
follows:
``(A) Parents.--At least 20 percent of the members shall be
parents of infants or toddlers with disabilities or children
with disabilities aged 12 or younger, with knowledge of, or
experience with, programs for infants and toddlers with
disabilities. At least one such member shall be a parent of
an infant or toddler with a disability or a child with a
disability aged 6 or younger.
``(B) Service providers.--At least 20 percent of the
members shall be public or private providers of early
intervention services.
``(C) State legislature.--At least one member shall be from
the State legislature.
``(D) Personnel preparation.--At least one member shall be
involved in personnel preparation.
``(E) Agency for early intervention services.--At least one
member shall be from each of the State agencies involved in
the provision of, or payment for, early intervention services
to infants and toddlers with disabilities and their families
and shall have sufficient authority to engage in policy
planning and implementation on behalf of such agencies.
``(F) Agency for preschool services.--At least one member
shall be from the State educational agency responsible for
preschool services to children with disabilities and shall
have sufficient authority to engage in policy planning and
implementation on behalf of such agency.
``(G) Agency for insurance.--At least one member shall be
from the agency responsible for the State governance of
insurance, especially in the area of health insurance.
``(H) Head start agency.--A representative from a Head
Start agency or program in the State.
``(I) A representative from a State agency responsible for
child care.
``(2) Other members.--The council may include other members
selected by the Governor, including a representative from the
Bureau of Indian Affairs, or where there is no BIA operated
or funded school, from the Indian Health Service or the
tribe/tribal council.
``(c) Meetings.--The council shall meet at least quarterly
and in such places as it deems necessary. The meetings shall
be publicly announced, and, to the extent appropriate, open
and accessible to the general public.
``(d) Management Authority.--Subject to the approval of the
Governor, the council may prepare and approve a budget using
funds under this part to conduct hearings and forums, to
reimburse members of the council for reasonable and necessary
expenses for attending council meetings and performing
council duties (including child care for parent
representatives), to pay compensation to a member of the
council if such member is not employed or must forfeit wages
from other employment when performing official council
business, to hire staff, and to obtain the services of such
professional, technical, and clerical personnel as may be
necessary to carry out its functions under this part.
``(e) Functions of Council.--
``(1) Duties.--The council shall--
``(A) advise and assist the lead agency designated or
established under section 635(b)(8) in the performance of the
responsibilities set out in such section, particularly the
identification of the sources of fiscal and other support for
services for early intervention programs, assignment of
financial responsibility to the appropriate agency, and the
promotion of the interagency agreements;
``(B) advise and assist the lead agency in the preparation
of applications and amendments thereto;
``(C) advise and assist the State educational agency
regarding the transition of toddlers with disabilities to
preschool and other appropriate services; and
[[Page H6071]]
``(D) prepare and submit an annual report to the Governor
and to the Secretary on the status of early intervention
programs for infants and toddlers with disabilities and their
families operated within the State.
``(2) Authorized activity.--The council may advise and
assist the lead agency and the State educational agency
regarding the provision of appropriate services for children
aged birth to 5, inclusive.
``(f) Conflict of Interest.--No member of the council shall
cast a vote on any matter which would provide direct
financial benefit to that member or otherwise give the
appearance of a conflict of interest under State law.
``SEC. 642. FEDERAL ADMINISTRATION.
``Sections 616, 617, 618, and 620 shall, to the extent not
inconsistent with this part, apply to the program authorized
by this part, except that--
``(1) any reference in such sections to a State educational
agency shall be considered to be a reference to a State's
lead agency established or designated under section
635(a)(8);
``(2) any reference in such sections to a local educational
agency, educational service agency, or a State agency shall
be considered to be a reference to an early intervention
service provider under this part; and
``(3) any reference to the education of children with
disabilities or the education of all children with
disabilities shall be considered to be a reference to the
provision of appropriate early intervention services to
infants and toddlers with disabilities.
``SEC. 643. ALLOCATION OF FUNDS.
``(a) Reservation of Funds for Territories.--
``(1) In general.--From the sums appropriated to carry out
this part for any fiscal year, the Secretary may reserve up
to one percent for payments to Guam, American Samoa, the
Virgin Islands, and the Commonwealth of the Northern Mariana
Islands in accordance with their respective needs.
``(2) Consolidation of funds.--The provisions of Public Law
95-134, permitting the consolidation of grants to the
territories, shall not apply to funds those areas receive
under this part.
``(b) Payments to Indians.--
``(1) In general.--The Secretary shall, subject to this
subsection, make payments to the Secretary of the Interior to
be distributed to tribes, tribal organizations (as defined
under section 4 of the Indian Self-Determination and
Education Assistance Act), or consortia of the above entities
for the coordination of assistance in the provision of early
intervention services by the States to infants and toddlers
with disabilities and their families on reservations served
by elementary and secondary schools for Indian children
operated or funded by the Department of the Interior. The
amount of such payment for any fiscal year shall be 1.25
percent of the aggregate of the amount available to all
States under this part for such fiscal year.
``(2) Allocation.--For each fiscal year, the Secretary of
the Interior shall distribute the entire payment received
under paragraph (1) by providing to each tribe, tribal
organization, or consortium an amount based on the number of
infants and toddlers residing on the reservation as
determined annually divided by the total of such children
served by all tribes, tribal organizations, or consortia.
``(3) Information.--To receive a payment under this
paragraph, the tribe, tribal organization, or consortia shall
submit such information to the Secretary of the Interior as
is needed to determine the amounts to be allocated under
paragraph (2).
``(4) Use of funds.--The funds received by a tribe, tribal
organization, or consortia shall be used to assist States in
child find, screening, and other procedures for the early
identification of Indian children under 3 years of age and
for parent training. Such funds may also be used to provide
early intervention services in accordance with this part.
Such activities may be carried out directly or through
contracts or cooperative agreements with the BIA, local
educational agencies, and other public or private nonprofit
organizations. The tribe, tribal organization, or consortia
is encouraged to involve Indian parents in the development
and implementation of these activities. The above entities
shall, as appropriate, make referrals to local, State, or
Federal entities for the provision of services or further
diagnosis.
``(5) Reports.--To be eligible to receive a grant under
paragraph (2), a tribe, tribal organization, or consortia
shall make a biennial report to the Secretary of the Interior
of activities undertaken under this subsection, including the
number of contracts and cooperative agreements entered into,
the number of children contacted and receiving services for
each year, and the estimated number of children needing
services during the 2 years following the year in which the
report is made. The Secretary of the Interior shall include a
summary of this information on a biennial basis to the
Secretary of Education along with such other information as
required under section 611(f)(3)(D). The Secretary of
Education may require any additional information from the
Secretary of the Interior.
``(6) Prohibited uses of funds.--None of the funds under
this subsection may be used by the Secretary of the Interior
for administrative purposes, including child count, and the
provision of technical assistance.
``(c) State Allotments.--
``(1) In general.--Except as provided in paragraphs (2),
(3), and (4), from the funds remaining for each fiscal year
after the reservation and payments under subsections (a) and
(b), the Secretary shall first allot to each State an amount
that bears the same ratio to the amount of such remainder as
the number of infants and toddlers in the State bears to the
number of infants and toddlers in all States.
``(2) Minimum allotments.--Except as provided in paragraphs
(3) and (4), no State shall receive an amount under this
section for any fiscal year that is less than the greatest
of--
``(A) one-half of one percent of the remaining amount
described in paragraph (1); or
``(B) $500,000.
``(3) Special rule for 1997 through 1999.--
``(A) In general.--Except as provided in paragraph (4), no
State may receive an amount under this section for any of the
fiscal years 1997 through 1999 that is less than the sum of
the amount such State received for fiscal year 1994 under--
``(i) part H (as in effect on the day before the date of
the enactment of the IDEA Improvement Act of 1996); and
``(ii) subpart 2 of part D of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 (as in effect
on the day before the date of the enactment of the Improving
America's Schools Act of 1994) for children with disabilities
under 3 years of age.
``(B) Exception.--If, for fiscal year 1998 or 1999, the
number of infants and toddlers in a State, as determined
under paragraph (1), is less than the number of infants and
toddlers so determined for fiscal year 1994, the amount
determined under subparagraph (A) for the State shall be
reduced by the same percentage by which the number of such
infants and toddlers so declined.
``(4) Ratable reduction.--
``(A) In general.--If the sums made available under this
part for any fiscal year are insufficient to pay the full
amounts that all States are eligible to receive under this
subsection for such year, the Secretary shall ratably reduce
the allocations to such States for such year.
``(B) Additional funds.--If additional funds become
available for making payments under this subsection for a
fiscal year, allocations that were reduced under subparagraph
(A) shall be increased on the same basis as such allocations
were reduced.
``(5) Definitions.--For the purpose of this subsection--
``(A) the terms `infants' and `toddlers' mean children
under 3 years of age; and
``(B) the term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
``(d) Reallotment of Funds.--If a State elects not to
receive its allotment under subsection (c), the Secretary
shall reallot, among the remaining States, amounts from such
State in accordance with such subsection.
``SEC. 644. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are
authorized to be appropriated such sums as may be necessary
for each of the fiscal years 1997 through 2001.
``PART D--NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH
DISABILITIES
``SEC. 651. PURPOSE OF PART.
``The purpose of this part is to support national, State,
and local activities aimed at improving educational, early
intervention, and transitional services and opportunities for
children with disabilities.
``SEC. 652. ELIGIBILITY FOR FINANCIAL ASSISTANCE.
``No State, State educational agency, local educational
agency, educational service agency, or other public
institution or agency may receive a grant, contract, or
cooperative agreement under this part which relates
exclusively to programs, projects, and activities for
children aged 3 to 5, inclusive, unless the State, or, in the
case of an agency or institution, the State in which the
agency or institution is located, is eligible to receive a
grant under section 619.
``SEC. 653. COMPREHENSIVE PLAN.
``(a) In General.--The Secretary shall develop and
implement a comprehensive plan for ongoing activities
conducted by the Secretary under this part.
``(b) Use of Knowledge in Developing Plan.--To the maximum
extent appropriate, the Secretary shall ensure that the plan
is based upon the knowledge gained from research on practices
that have been proven effective in improving the achievement
of children with disabilities.
``(c) Consultation.--In developing the plan, the Secretary
shall consult the following persons:
``(1) Individuals with disabilities.
``(2) Parents of children with disabilities.
``(3) Representatives of State and local educational
agencies and educational service agencies.
``(4) Private schools.
``(5) Institutions of higher education.
``(6) Other Federal agencies.
``(7) The National Council on Disability.
``(8) National organizations with an interest in, and
expertise in, providing services to children with
disabilities and their families.
``(9) Any other professionals determined appropriate by the
Secretary.
``(d) Deadline.--The plan shall be developed not later than
the date that is 12 months after the date of the enactment of
the IDEA Improvement Act of 1996.
[[Page H6072]]
``SEC. 654. PEER REVIEW.
``(a) In General.--The Secretary shall use a panel of
experts who are competent, by virtue of their training,
expertise, or experience, to evaluate an application under
this part that requests more than $75,000 in Federal
financial assistance.
``(b) Composition of Panel.--A majority of a panel
described in subsection (a) shall be composed of individuals
who are not employees of the Federal Government.
``(c) Payment of Fees and Expenses of Certain Members.--The
Secretary may use available funds appropriated to carry out
this part to pay the expenses and fees of panel members who
are not employees of the Federal Government.
``SEC. 655. ELIGIBLE APPLICANTS.
``Except as otherwise provided in this part, the persons
who, and the agencies that, may apply for receipt of grants,
contracts, or cooperative agreements under this part are the
following:
``(1) Institutions of higher education.
``(2) State educational agencies.
``(3) Local educational agencies.
``(4) Educational service agencies.
``(5) Other public agencies.
``(6) Private nonprofit organizations.
``(7) Indian tribes and tribal organizations (as defined
under section 4 of the Indian Self-Determination and
Education Assistance Act).
``(8) For-profit organizations.
``SEC. 656. APPLICANT AND RECIPIENT RESPONSIBILITIES.
``(a) General Requirements on Applicants and Recipients.--
The Secretary may not make a grant to, or enter into a
contract or cooperative agreement with, a person or agency
under this part unless--
``(1) the person or agency involves individuals with
disabilities, and parents of children with disabilities, in
planning, implementing, and evaluating activities conducted
under the grant, contract, or agreement;
``(2) the person or agency, where appropriate, evaluates
the potential for replication and widespread adoption of such
activities; and
``(3) the person or agency prepares their findings and work
product in a format useful for a specific audience specified
by the Secretary, such as parents, administrators, teachers,
early intervention personnel, related services personnel, or
individuals with disabilities.
``(b) Additional Requirements Imposed at Discretion of
Secretary.--The Secretary may require that a person who, or
agency that, is awarded a grant, contract, or cooperative
agreement under this part--
``(1) assume a portion of the cost of carrying out the
grant, contract, or agreement;
``(2) disseminate the findings and work product of the
person or agency; and
``(3) collaborate with other such persons and agencies.
``SEC. 657. INDIRECT COSTS.
``The Secretary--
``(1) may not permit any recipient of Federal funds under
this part to use more than 25 percent of such funds for
indirect costs; and
``(2) may further limit the extent to which any such
recipient may use such funds for such costs.
``SEC. 658. PROGRAM EVALUATION.
``The Secretary may use funds appropriated to carry out
this part to evaluate any activity carried out under this
part.
``Subpart 1--National Research and Improvement Activities
``SEC. 661. GENERAL AUTHORITY TO MAKE AWARDS.
``The Secretary may make grants to, and enter into
contracts and cooperative agreements with, eligible entities
to carry out research and improvement activities that further
the purpose of this part and are consistent with the
priorities established under section 662.
``SEC. 662. PRIORITIES.
``(a) In General.--In making awards under this subpart, the
Secretary may, without regard to the rule making procedures
under section 553 of title 5, United States Code, limit such
awards to, or otherwise give priority to--
``(1) projects that address the improvement of the academic
performance of children with disabilities;
``(2) projects that address one or more--
``(A) age ranges;
``(B) disabilities;
``(C) grades in school;
``(D) types of educational placements or early intervention
environments;
``(E) types of services; or
``(F) content areas such as reading;
``(3) projects that address the needs of children based on
the severity of their disability;
``(4) projects that address the needs of--
``(A) low-achieving students;
``(B) underserved populations;
``(C) children from low-income families;
``(D) children with limited English proficiency;
``(E) unserved and underserved areas;
``(F) particular types of geographic areas, such as inner-
city or rural areas; or
``(G) institutionalized children in juvenile and adult
correctional institutions;
``(5) any activity that is expressly authorized in this
title;
``(6) a large-scale longitudinal study designed to provide
information on the long-term impact of education agency
disciplinary procedures on children with disabilities;
``(7) research and development projects including--
``(A) projects that advance knowledge about--
``(i) teaching and learning practices, and assessment
techniques, instruments, and strategies, including behavioral
strategies, that lead to improved results for children with
disabilities;
``(ii) the developmental and learning characteristics of
children with disabilities in a manner that will improve the
design and effectiveness of interventions and instruction; or
``(iii) the coordination of education with health and
social services;
``(B) large-scale longitudinal studies designed to produce
information on the long-term impact of early intervention and
education on results for individuals with disabilities;
``(C) model demonstration projects to apply and test
research findings in typical service settings to determine
the usability, effectiveness, and general applicability of
such research findings in such areas as improving
instructional methods, curricula, and tools such as
textbooks, media, and other materials; and
``(D) projects which apply research and other knowledge to
improve educational results for children with disabilities
by--
``(i) synthesizing useful research and educational
products;
``(ii) ensuring that such research and products are in
appropriate formats for distribution to administrators,
teachers, parents, and individuals with disabilities; or
``(iii) making such research and products available through
libraries, electronic networks, parent training projects, and
other information sources, including the National Information
Dissemination System under part D of title IX of Public Law
103-227;
``(8) projects which provide technical assistance to--
``(A) States--
``(i) to link States to other technical assistance
resources, including special and general education resources;
or
``(ii) in gaining access to information, including
information on research and best practices; or
``(B) State educational agencies, State lead agencies
serving infants and toddlers with disabilities under part C,
and other organizations and agencies that play a critical
role in providing for the participation of children with
disabilities in State and local assessments;
``(9) activities to produce, and promote the use of,
knowledge to address the special needs of children who have a
high likelihood of needing special education and related
services in order to reduce, through early intervention, the
need for special education services later in life;
``(10) educational media activities including--
``(A) through September 30, 1998, video description, open
captioning, or closed captioning;
``(B) video description, open captioning, or closed
captioning of educational, news, and informational materials;
``(C) through September 30, 1998, distribution of captioned
and described materials and videos;
``(D) distribution of captioned and described educational,
news, and informational materials and videos; and
``(E) recording free educational materials, including
textbooks, for visually impaired and print-disabled students
in elementary, secondary, post-secondary, and graduate
schools; and
``(11) projects to assist institutions of higher education
in appropriately serving students with disabilities,
including deaf students.
``(b) Definition.--As used in this section, the term `low-
incidence disability' means--
``(1) a visual impairment, a hearing impairment, or
simultaneous visual and hearing impairments;
``(2) a significant cognitive impairment; or
``(3) any impairment for which a small number of personnel,
with highly specialized skills and knowledge, are needed
nationwide in order for all children with disabilities who
have the impairment to receive early intervention services or
a free appropriate public education.
``(c) Report.--If the Secretary awards a grant, contract,
or cooperative agreement under this subpart prior to February
1, 1998 with respect to an educational media activity
described in subparagraph (A) or (C) of subsection (a)(10),
the Secretary, after consulting with the chairman of the
Federal Communications Commission, shall submit to the
Committee on Economic and Educational Opportunities of the
House of Representatives and the Committee on Labor and Human
Resources of the Senate, not later than April 15, 1998, a
report on the progress that the Federal Communications
Commission is making towards meeting the requirements imposed
on the Commission under section 713 of the Communications Act
of 1934 (47 U.S.C. 613).
``SEC. 663. NATIONAL ASSESSMENT.
``(a) Purpose of Assessment.--The Secretary shall carry out
a national assessment of activities carried out with Federal
funds under this title in order--
``(1) to determine the effectiveness of the title in
achieving the purposes of the title;
``(2) to provide information to the President, the
Congress, the States, local educational agencies, and the
public on how to implement the title more effectively; and
[[Page H6073]]
``(3) to provide the President and the Congress with
information that will be useful in developing legislation to
achieve the purposes of this title more effectively.
``(b) Consultation.--The Secretary shall plan, review, and
conduct the national assessment under this section in
consultation with researchers, State practitioners, local
practitioners, parents of children with disabilities,
individuals with disabilities, and other appropriate
individuals.
``(c) Scope of Assessment.--The national assessment shall
examine how well schools, local educational agencies, States,
other recipients of assistance under this title, and the
Secretary are achieving the purposes of this title,
including--
``(1) the performance of children with disabilities in
general scholastic activities and assessments as compared to
nondisabled children;
``(2) providing for the participation of children with
disabilities in the general education curriculum;
``(3) helping children with disabilities make successful
transitions from--
``(A) early intervention services to preschool education;
``(B) preschool education to elementary school; and
``(C) secondary school to adult life;
``(4) placing and serving children with disabilities,
including children from underserved populations, in the least
restrictive environment appropriate;
``(5) preventing children with disabilities, especially
children with emotional disturbances and specific learning
disabilities, from dropping out of school;
``(6) assessing the use of disciplinary measures, and the
effect of such use, with children with disabilities as
compared to nondisabled children;
``(7) coordinating services provided under this title with
each other, with other educational and pupil services
(including preschool services), and with health and social
services funded from other sources;
``(8) addressing the participation of parents of children
with disabilities in the education of their children; and
``(9) resolving disagreements between education personnel
and parents through activities such as mediation.
``(d) Interim and Final Reports.--The Secretary shall
submit to the President and the Congress--
``(1) an interim report that summarizes the preliminary
findings of the assessment not later than October 1, 1998;
and
``(2) a final report of the findings of the assessment not
later than October 1, 2000.
``SEC. 664. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
to carry out this subpart such sums as may be necessary for
each of the fiscal years 1997 through 2001.
``(b) Minimum Amounts.--Subject to subsection (c), the
Secretary shall ensure that, for each fiscal year, at least
the following amounts are provided under this subpart to
address the following needs:
``(1) $12,832,000 to address the educational, related
services, transitional, and early intervention needs of
children with deaf-blindness.
``(2) $4,000,000 to address the postsecondary, vocational,
technical, continuing, and adult education needs of
individuals with deafness.
``(c) Ratable Reduction.--If the total amount appropriated
to carry out this subpart for any fiscal year is less than
$135,600,000, the amounts listed in subsection (b) shall be
ratably reduced.
``Subpart 2--Professional Development
``SEC. 671. PURPOSE.
``The purpose of this subpart is to help ensure that--
``(1) personnel responsible for serving children with
disabilities, including general and special education
personnel, related services personnel, and early intervention
personnel, have the knowledge and skills necessary to help
such children--
``(A) meet developmental goals and, to the maximum extent
possible, those challenging expectations that have been
established for all children; and
``(B) be prepared to lead productive, independent adult
lives to the maximum extent possible;
``(2) there are adequate numbers of such personnel to meet
the needs of children with disabilities; and
``(3) the skills and knowledge of personnel responsible for
serving children with disabilities reflect the best
practices, as determined through research and experience,
particularly with respect to the inclusion of children with
disabilities in the regular education environment.
``SEC. 672. FINDING.
``The Congress finds that the conditions noted in
paragraphs (7) through (10) of section 601(c) can be greatly
improved by providing opportunities for the full
participation of minorities through the implementation of the
following recommendations:
``(1) Implementation of a policy to mobilize the Nation's
resources to prepare minorities for careers in special
education and related services.
``(2) Focusing such policy on--
``(A) the recruitment of minorities into teaching; and
``(B) financially assisting Historically Black Colleges and
Universities and other institutions of higher education
(whose minority student enrollment is at least 25 percent) to
prepare students for special education and related service
careers.
``SEC. 673. NATIONAL ACTIVITIES.
``(a) Program Authorized.--The Secretary may make grants
to, and enter into contracts and cooperative agreements with,
eligible entities to support activities of national
significance that--
``(1) have broad applicability; and
``(2) will help ensure that the purpose of this subpart is
met.
``(b) Authorized Activities.--In carrying out this section,
the Secretary may support any activity that is consistent
with subsection (a), including--
``(1) the development, evaluation, demonstration, or
dissemination of effective personnel preparation practices
for personnel to work with children with disabilities;
``(2) promoting the transferability of licensure and
certification of teachers and administrators among State and
local jurisdictions;
``(3) developing and disseminating models that prepare
teachers with strategies, including behavioral management
techniques, for addressing the conduct of children with
disabilities that impedes their learning and that of others
in the classroom; and
``(4) supporting Historically Black Colleges and
Universities and institutions of higher education with
minority enrollments of at least 25 percent for the purpose
of preparing personnel.
``SEC. 674. PROFESSIONAL DEVELOPMENT FOR PERSONNEL SERVING
LOW-INCIDENCE POPULATIONS.
``(a) Program Authorized.--The Secretary may make grants
to, and enter into contracts and cooperative agreements with,
eligible entities to meet the purpose of this subpart by
supporting preparation for personnel who will provide
educational and related services to children with low-
incidence disabilities and personnel who will provide early
intervention services to infants and toddlers with
disabilities.
``(b) Authorized Activities.--
``(1) In general.--Individuals who may be prepared pursuant
to this section include personnel who--
``(A) are currently prepared in the fields of educational,
related, or early intervention services; and
``(B) are studying--
``(i) to obtain degrees, certification, licensure, or
endorsements in one or more of such fields; or
``(ii) to meet competency requirements in one or more of
such fields.
``(2) Scholarships.--The Secretary may include funds for
scholarships, with necessary stipends and allowances, in
awards under this section.
``(c) Applications.--Any application for assistance under
this section shall propose to provide preparation that
addresses a significant need, as shown by letters from one or
more States stating that the State--
``(1) intends to accept successful completion of the
proposed personnel preparation as meeting State personnel
standards for serving children with low-incidence
disabilities, or for serving infants and toddlers with
disabilities; and
``(2) needs personnel in the area or areas in which the
applicant proposes to provide preparation, as identified in
the State's comprehensive system of personnel development
under part B or C, or in the State's State improvement plan
under subpart 3.
``(d) Definition.--For purposes of this section, the term
`low-incidence disability' has the meaning given such term in
section 662(b).
``SEC. 675. LEADERSHIP PERSONNEL.
``(a) Program Authorized.--The Secretary may make grants
to, and enter into contracts and cooperative agreements with,
eligible entities to meet the purpose of this subpart by
preparing educational, related service, and early
intervention leadership personnel (including teacher-
preparation faculty, administrators, researchers,
supervisors, and principals) so that they are prepared to
help children with disabilities--
``(1) meet developmental goals and, to the maximum extent
possible, those challenging expectations that have been
established for all children; and
``(2) be prepared to lead productive, independent adult
lives to the maximum extent possible.
``(b) Authorized Activities.--
``(1) In general.--In carrying out this section, the
Secretary may support any activity that is consistent with
subsection (a), including--
``(A) preparation of personnel at the advanced graduate,
doctoral, or post-doctoral levels; and
``(B) professional development of leadership personnel.
``(2) Scholarships.--The Secretary may include funds for
scholarships, with necessary stipends and allowances, in
awards under this section.
``(c) Preferences.--In making awards under this section,
the Secretary shall give preference to projects at
institutions of higher education that have successfully
integrated the professional development of general and
special education personnel.
``SEC. 676. SERVICE OBLIGATION.
``Each application for funds under section 674 or 675 shall
include an assurance that the applicant will ensure that
individuals who are prepared under the proposed project will
subsequently perform work related to their preparation or
repay all or part of the cost of such preparation.
``SEC. 677. OUTREACH.
``(a) Plan for Outreach Services.--The Secretary shall
develop a plan for providing
[[Page H6074]]
outreach services to the entities and populations described
in subsection (b) in order to increase the participation of
such entities and populations in competitions for grants,
contracts, and cooperative agreements under this subpart.
``(b) Entities and Populations Described.--The entities and
populations referred to in subsection (a) are--
``(1) Historically Black Colleges and Universities and
other institutions of higher education whose minority student
enrollment is at least 25 percent;
``(2) eligible institutions, as defined in section 312 of
the Higher Education Act of 1965;
``(3) nonprofit and for-profit agencies at least 51 percent
owned or controlled by one or more minority individuals; and
``(4) underrepresented populations.
``(c) Funding.--For the purpose of implementing the plan
required under subsection (a), the Secretary shall, for each
of the fiscal years 1997 through 2002, expend 1 percent of
the funds appropriated for the fiscal year involved for
carrying out this subpart.
``(d) Diligence.--The Secretary shall exercise the utmost
authority, resourcefulness, and diligence of the Secretary to
meet the requirements of this section.
``(e) Report.--Not later than January 31 of each year,
beginning with fiscal year 1997 and ending with fiscal year
2002, the Secretary shall submit to the Congress a final
report on the progress toward meeting the goals of this
section during the preceding fiscal year. The report shall
include--
``(1) a full explanation of any progress toward meeting the
goals of this section; and
``(2) a plan to meet the goals, if necessary.
``(f) Underrepresented Populations Defined.--For purposes
of this section, the term `underrepresented populations'
means populations such as minorities, the poor, individuals
with limited English proficiency, and individuals with
disabilities.
``Subpart 3--State Program Improvement Grants for Children with
Disabilities
``SEC. 681. PURPOSE.
``The purpose of this subpart is to assist States in
reforming and improving their systems for providing
educational and early intervention services, particularly
their systems for professional development, to improve the
achievement of children with disabilities.
``SEC. 682. ELIGIBILITY AND COLLABORATIVE PROCESS.
``(a) Eligible Applicants.--A State may apply for a grant
under this subpart for a grant period that is not less than
one year, but is not greater than 4 years.
``(b) Certification That Collaborative Process Has Been
Used.--A State that desires to receive a grant under this
subpart shall certify to the Secretary that a collaborative
process with persons described in subsection (c) has been
used in developing the State improvement plan described in
section 683.
``(c) Collaborative Process Participants.--
``(1) Required participants.--The collaborative process
referred to in subsection (b) is a State process for making
decisions which includes as participants, at a minimum, the
Governor of the State and representatives, appointed by such
Governor, of--
``(A) parents of children with disabilities;
``(B) parents of nondisabled children;
``(C) individuals with disabilities;
``(D) organizations representing individuals with
disabilities and their parents;
``(E) community-based and other nonprofit organizations
related to the education and employment of individuals with
disabilities;
``(F) the lead State agency official or officials for part
C;
``(G) local educational agencies;
``(H) general and special education teachers;
``(I) the State educational agency;
``(J) the State advisory panel established under part B;
and
``(K) the State interagency coordinating council
established under part C.
``(2) Optional participants.--The collaborative process may
include, at the Governor's discretion, representatives,
appointed by the Governor, of--
``(A) individuals knowledgeable about vocational education;
``(B) the State agency for higher education;
``(C) institutions of higher education;
``(D) schools of education;
``(E) the State vocational rehabilitation agency;
``(F) public agencies with jurisdiction in the areas of
health, mental health, social services, and juvenile justice;
and
``(G) any other individuals designated by the Governor.
``SEC. 683. STATE IMPROVEMENT PLANS.
``(a) In General.--A State that desires to receive a grant
under this subpart shall submit to the Secretary a State
improvement plan that is integrated, to the maximum extent
possible, with State plans under the Elementary and Secondary
Education Act of 1965 and the Rehabilitation Act of 1973, as
appropriate.
``(b) Determining Child and Program Needs.--
``(1) In general.--Each State improvement plan shall
identify those critical aspects of early intervention,
general education, and special education programs (including
professional development, based on an assessment of State and
local needs) that must be improved to enable children with
disabilities to meet the goals established by the State under
section 612(a)(14).
``(2) Required analyses.--To meet the requirement of
paragraph (1), the State improvement plan shall include at
least--
``(A) an analysis of all information, reasonably available
to the State, on the performance of children with
disabilities in the State, including--
``(i) their performance on State assessments and other
performance indicators established for all children,
including drop-out rates and graduation rates;
``(ii) their participation in postsecondary education and
employment; and
``(iii) how their performance on the assessments and
indicators described in clause (i) compares to that of non-
disabled children;
``(B) an analysis of State and local needs for professional
development for personnel to serve children with disabilities
that includes, at a minimum, relevant information on current
and anticipated personnel shortages, and on the extent of
certification or retraining necessary to eliminate such
shortages, that is based, to the maximum extent possible, on
existing assessments of personnel needs; and
``(C) a summary of the information and analysis provided by
the State to the Secretary under parts B and C on the
effectiveness of the State's systems of early intervention,
special education, and general education in meeting the needs
of children with disabilities.
``(c) Improvement Strategies.--Each State improvement plan
shall--
``(1) describe the strategies the State will use to address
the needs identified under subsection (b)(1), including--
``(A) how it will hold school districts and schools
accountable for educational progress of children with
disabilities;
``(B) how it will provide technical assistance to school
districts and schools to improve results for children with
disabilities;
``(C) how it will address the identified needs for in-
service and pre-service preparation to ensure that all
personnel who work with children with disabilities (including
both professional and paraprofessional personnel who provide
early intervention services, special education, general
education, or related services) have the skills and knowledge
necessary to meet the needs of children with disabilities,
including a description of how--
``(i) the State will prepare general education and special
education personnel with the content knowledge and
collaborative skills needed to meet the needs of children
with disabilities, including how the State will work with
other States on common certification criteria;
``(ii) the State will prepare professionals and
paraprofessionals in the area of early intervention with the
content knowledge and collaborative skills needed to meet the
needs of infants and toddlers with disabilities;
``(iii) the State will work with institutions of higher
education and other entities that prepare (on both a pre-
service and an in-service basis) personnel who work with
children with disabilities to ensure that such institutions
and entities develop the capacity to support professional
development programs which reflect actual education practices
and techniques;
``(iv) the State's requirements for licensure of teachers
and administrators, including certification and
recertification, will be modified to support an adequate
supply of personnel with the necessary skills and knowledge
(including, where appropriate, strategies for developing
reciprocal certification agreements and common certification
requirements with other States); and
``(v) the State will work to develop collaborative
agreements with other States for the joint support and
development of programs to prepare personnel for which there
is not sufficient demand within a single State to justify
support or development of such a program of preparation;
``(D) how it will work in collaboration with other States,
particularly neighboring States, to address the lack of
uniformity and reciprocity in the credentialing of teachers
and other personnel;
``(E) strategies that will address systemic problems
identified in Federal compliance reviews, including shortages
of qualified personnel; and
``(F) how the State will assess, on a regular basis, the
extent to which the strategies implemented under this subpart
have been effective; and
``(2) describe how the improvement strategies under
paragraph (1) will be coordinated with public and private
sector resources.
``(d) Reporting Procedures.--Each State that receives a
grant under this subpart shall submit performance reports to
the Secretary pursuant to a schedule to be determined by the
Secretary, but not more frequently that annually.
``(e) Plan Approval.--The Secretary shall approve a State
improvement plan under this section if it--
``(1) meets the requirements of this part;
``(2) has been developed in accordance with the
requirements of section 682; and
``(3) in the opinion of the Secretary, has a reasonable
chance of achieving the purposes of the grant.
``(f) Plan Amendments.--
``(1) Modifications made by state.--Subject to paragraph
(2), a plan submitted by a State in accordance with this
section shall remain in effect until the State submits to the
Secretary such modifications as the State determines
necessary. This section shall apply to a modification to a
plan to the
[[Page H6075]]
same extent and in the same manner as this section applies to
the original plan.
``(2) Modifications required by secretary.--The Secretary
may require a State to amend its State improvement plan at
any time as a result of the Secretary's compliance reviews
under parts B and C. The Secretary may not provide further
funding under this subpart to the State until such amendments
are made.
``SEC. 684. USE OF FUNDS.
``(a) In General.--A State that receives a grant under this
subpart may use the grant to carry out any activities that
are described in the State improvement plan and that are
consistent with the purpose of this subpart. Such activities
may include the awarding of subgrants, but only if the
subgrants are made to local educational agencies. Any such
local educational agency may award subgrants to any person.
Such activities may also include the awarding of contracts to
appropriate entities.
``(b) Use of Funds for Professional Development.--A State
that receives a grant under this subpart shall use not less
than 75 percent of the funds it receives under the grant for
any fiscal year to ensure that there is a sufficient supply
of personnel who have the skills and knowledge necessary to
enable children with disabilities to meet developmental goals
and to meet the needs of such children, including working
with other States on common certification criteria.
``(c) Grants to Territories.--The provisions of Public Law
95-134, permitting the consolidation of grants to the
territories, shall not apply to funds received under this
subpart.
``SEC. 685. MINIMUM STATE ALLOTMENTS.
``A State that receives a grant under this subpart shall
receive an amount that is--
``(1) not less than $200,000, in the case of the 50 States,
the District of Columbia, and the Commonwealth of Puerto
Rico; and
``(2) not less than $40,000, in the case of a territory.
``SEC. 686. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart such sums as may be necessary for each of the fiscal
years 1997 through 2001.
``Subpart 4--Parent Training
``SEC. 691. GRANTS FOR PARENT TRAINING AND INFORMATION
CENTERS.
``(a) Program Authorized.--The Secretary may make grants
to, and enter into contracts and cooperative agreements with,
parent organizations to support parent training and
information centers to carry out activities under this
subpart.
``(b) Required Activities.--A parent training and
information center that receives assistance under this
section shall--
``(1) assist parents to understand the availability of, and
how effectively to use, procedural safeguards under this
title, including the use of alternative methods of dispute
resolution, such as mediation;
``(2) serve the parents of children with the full range of
disabilities; and
``(3) annually report to the Secretary on--
``(A) the number of parents to whom it provided information
and training in the most recently concluded fiscal year; and
``(B) the effectiveness of strategies used to reach and
serve parents of children with disabilities, including
underserved parents of children with disabilities.
``(c) Optional Activities.--A parent training and
information center that receives assistance under this
section may--
``(1) provide information to teachers and other
professionals who provide special education and related
services to children with disabilities;
``(2) assist students with disabilities to understand their
rights and responsibilities under section 615(j) on reaching
the age of majority; and
``(3) establish cooperative partnerships with parent
organizations, and other organizations assisting families of
children with disabilities, in the community.
``(d) Application Requirements.--Each application for
assistance under this section shall identify with specificity
the special efforts that the applicant will undertake to--
``(1) ensure that the needs for training and information of
parents of underserved children with disabilities in the area
to be served are effectively met; and
``(2) work with community-based organizations.
``(e) Distribution of Funds.--
``(1) Initial awards.--
``(A) In general.--The Secretary shall make at least one
award to a parent organization in each State, unless the
Secretary does not receive an application from such an
organization in each State of sufficient quality to warrant
approval.
``(B) Selection requirement.--The Secretary shall select
among applications submitted by parent organizations in a
State in a manner that ensures the most effective assistance
to parents, including parents in urban and rural areas, in
the State.
``(2) Additional awards.--
``(A) In general.--The Secretary may make additional awards
to community-based parent organizations in each State.
``(B) Selection requirement.--The Secretary may make
additional awards in a manner that ensures that parents of
children with disabilities in low-income, high-density, and
rural areas have access to parent training and information
centers that provide appropriate training and information.
``SEC. 692. TECHNICAL ASSISTANCE FOR PARENT TRAINING AND
INFORMATION CENTERS.
``(a) Program Authorized.--The Secretary may provide
technical assistance for developing, assisting, and
coordinating parent training and information programs carried
out by parent training and information centers receiving
assistance under section 691.
``(b) Authorized Activities.--The Secretary may provide
technical assistance to a parent training and information
center under this section in areas such as--
``(1) effective coordination of parent training efforts;
``(2) dissemination of information;
``(3) evaluation by the center of itself;
``(4) promotion of the use of technology, including
assistive technology devices and assistive technology
services;
``(5) reaching underserved populations;
``(6) including children with disabilities in general
education programs;
``(7) facilitation of transitions from--
``(A) early intervention services to preschool;
``(B) preschool to school; and
``(C) secondary school to postsecondary environments; and
``(8) promotion of alternative methods of dispute
resolution.
``SEC. 693. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart such sums as may be necessary for each of the fiscal
years 1997 through 2001.''.
TITLE II--MISCELLANEOUS PROVISIONS
SEC. 201. AMENDMENT TO ESEA TO COORDINATE IDEA AND SCHOOLWIDE
PROGRAMS.
Section 1114(a)(4) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6314(a)(4)) is amended--
(1) in subparagraph (A), by striking ``Secretary (other
than formula or discretionary grant programs under the
Individuals with Disabilities Education Act),'' and inserting
``Secretary,''; and
(2) in subparagraph (B), by inserting ``special education
and related services under an individualized education
program, procedural safeguards,'' after ``civil rights,''.
SEC. 202. EFFECTIVE DATES.
(a) Parts A, B, and C.--Except as provided in subsection
(b), parts A, B, and C of the Individuals with Disabilities
Education Act, as amended by title I, shall take effect on
July 1, 1997.
(b) Section 605.--Section 605 of such Act, as amended by
title I, shall take effect upon the enactment of this Act.
(c) Part D.--Part D of such Act, as amended by title I,
shall take effect on October 1, 1997.
SEC. 203. REPEALERS.
(a) Part I.--Part I of the Individuals with Disabilities
Education Act is hereby repealed.
(b) Part H.--Effective July 1, 1997, part H of such Act is
hereby repealed.
(c) Parts E, F, and G.--Effective October 1, 1997, parts E,
F, and G of such Act are hereby repealed.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania [Mr. Goodling] and the gentleman from Michigan [Mr.
Kildee] each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania [Mr. Goodling].
Mr. GOODLING. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 3268, the IDEA Improvement
Act, which amends the Individuals with Disabilities Education Act.
This bill will take major steps toward better education for children
with disabilities and, as a result, will increase the ability of these
children to become productive, fully participating citizens in their
communities. This legislation will improve special education by doing
the following:
Placing an emphasis on what is best educationally for children with
disabilities instead of burdensome paperwork requirements; giving
teachers more flexibility and schools lower costs; enhancing parental
input; and making schools safer for students and teachers.
There are many important changes to IDEA in this legislation. I might
add that after 1\1/2\ years of work by the committee, the disabilities
community and the education community asked if they could recommend
some changes to the legislation.
We told them they could have a week to suggest changes to the
legislation if they brought together all of the leaders of the
disability and education communities. I did not know what they would
recommend, but they managed to put together a strong package of
suggestions under the leadership of Madeline Will and Patti Smith. This
legislation includes the vast majority of the changes recommended by
that large group of education, disability, and parent organizations,
who worked together closely in the past weeks to recommend improvements
to our legislation prior to our committee markup.
I have strong letters of support for the bill from groups like the
National
[[Page H6076]]
School Boards Association and the National Association of Elementary
School Principals. They term this legislation an ``excellent step'' and
a bill which ``contains many improvements and reforms that will improve
services for students with disabilities.''
I include those for the Record:
National Association of
Elementary School Principals,
Alexandria, VA, June 5, 1996.
Hon. Randy Cunningham,
House of Representatives,
Washington, DC.
Dear Representative Cunningham: On behalf of the National
Association of Elementary School Principals, I am writing to
urge you to work to bring H.R. 3268, the Idea Improvement Act
of 1996, to the House floor as soon as possible. We believe
it would be beneficial to bring the bill up for floor
consideration under suspension of the rules.
NAESP supports the bill that emerged from the Economic and
Educational Opportunities Committee because we consider it to
be an improvement over current law. We believe that IDEA is a
well-intended law that needs to be updated to address the
realities of today's schools. H.R. 3268 is an excellent step
in that direction, particularly with respect to its school
safety provisions.
We hope you will do what you can to foster the timely
consideration of IDEA by the full House of Representatives.
Thank you for your attention to this matter.
Sincerely,
Sally N. McConnell,
Director of Government Relations.
____
NASBA,
June 7, 1996.
Hon. William F. Goodling,
House of Representatives, Washington, DC.
Dear Representative Goodling: The National School Boards
Association (NSBA), on behalf of the more than 95,000 local
school board members, believes the Individuals with
Disabilities Education Act (IDEA) is a valuable law that has
provided millions of students with disabilities the
opportunities they need to achieve their potential. H.R. 3268
reauthorizing IDEA contains many improvements and reforms
that will improve services for students with disabilities and
make special education programs work more effectively across
the country. It is also carefully crafted compromise
legislation that incorporates many recommendations of both
parents groups and educators. For these reasons, NSBA urges
members of Congress to vote for the legislation.
H.R. 3268 addresses many of the key school safety
provisions raised by NSBA, and local educators across the
country. H.R. 3268 will make it significantly easier for
school officials to protect the safety of all students and
school personnel. Specifically, H.R. 3268 will make
additional behavioral interventions available to students;
and in the modest number of cases where such interventions
are not successful, dangerous students could be educated in
more appropriate placements.
The legislation also contains several provisions designed
to provide schools with greater flexibility in administering
the law, and to provide additional funding sources for
financing special education services. For example, H.R. 3268
will make more resources available for educating students by
reforming the overly adversarial dispute resolution process.
As this legislation proceeds toward enactment, NSBA also will
work to secure additional changes that are needed to control
the costs of IDEA.
H.R. 3268 will help improve school safety for all students,
result in improved services for students, and take important
steps to reduce the litigiousness of IDEA. We urge your
support for this legislation. For further information, please
contact William Bruno, Director of Federal Programs.
Sincerely,
Sammy J. Quintana,
President.
Thomas A. Shannon,
Executive Director.
Mr. Speaker, the changes in the IDEA Improvement Act will have a
positive, measurable impact on the lives of millions of students with
disabilities. When enacted, the bill will help children with
disabilities learn more and learn better, which should be the ultimate
test of any education law. Students with disabilities will now be
expected, to the maximum extent possible, to meet the same high
educational expectations that have been set for all students by States
and local schools.
There will be an emphasis on what works instead of filling out
paperwork. No longer will teachers be forced to complete massive piles
of unnecessary, federally required forms and data collection sheets.
These changes will mean more time for teachers to dedicate to their
students, and fewer resources wasted on process for its own sake.
The IDEA Improvement Act will help cut costly referrals to special
education by emphasizing basic academics in the general education
classroom. In the 1993-94 school year, 2.44 million of our Nation's
4.79 million special education children were there because they have
learning disabilities. Many of these problems could be addressed with
better academics in the early grades.
Under our bill, following every evaluation of a child for special
education services, school personnel will need to consider whether the
child's problems are the result of lack of previous instruction. Too
often, children whose problems come from a lack of reading skills enter
special education because they were not properly taught how to read in
their primary years.
The IDEA Improvement Act will eliminate many of the financial
incentives for overidentifying children as disabled. The change in the
Federal formula, which I will talk about shortly, will reduce the
Federal bonus for identifying additional children as disabled. The
legislation will also ensure that States do not use placement-driven
funding formulas that tie funds to the physical location of the child.
These formulas currently drive overidentification and costs.
The legislation will also help ensure that assignment to special
education is not permanent. Children are often referred to special
education in early grades and then never leave. Once identified and
placed in special education these children remain there throughout
their primary and secondary education. Part of the problem lies with
the child not keeping pace academically with his peers. Special
education plans often have no link to the general education curriculum.
Therefore, children remain in special education because they lose
contact with what other children their age are learning and can no
longer keep up. This legislation will ensure that the general
curriculum is part of every child's education plan or justifies why it
is not.
The bill will assure parents' ability to participate in key decision-
making meetings about their children's education and ensure that they
will have better access to their child's school records. They will also
be updated no less regularly than the parents of nondisabled students
through parent-teacher conferences and report cards.
The bill ensures that States will offer mediation services to resolve
disputes. This change will encourage parents and schools to work out
differences in a less adversarial manner. Currently, if the parents and
the school cannot resolve their differences in the IEP meeting they
have no choice but to file for a due process hearing and attorneys
become involved. Providing mediation early in the process will cut the
costs related to litigation.
Local principals and school administrators will be given more
flexibility. There will be simplified accounting and flexibility in
local planning. No longer will accounting rules prevent even incidental
benefits to other, nondisabled children for fear of lost Federal
funding.
The bill will make schools safer for all students, disabled and
nondisabled, and for their teachers. We will enable schools to quickly
remove violent students and those who bring weapons or drugs to school,
regardless of their disability status.
The bill will ensure that such children can quickly be moved to
alternative placements for 45 days, during which time the child's
teachers, principal, and parents can decide what changes, if any,
should be made to the child's IEP and placement.
The legislation will also ensure that disability status will not
affect the school's general disciplinary procedures. In discipline
cases, the child's individualized education program team will determine
whether the child's actions were a result of their disability. If it
was not, schools will need to take the same action with disabled
children as they would with any other child.
Part C, the infants and toddlers program, has been changed to
strengthen the intent of past Congress to promote early intervention
services to infants and toddlers in natural environment settings. Under
this bill, State policies and procedures implementing this program will
direct the provision of services in natural settings. This requirement
will not mean that all services, such as physical therapy, must be
provided in the child's home. Rather, if the infant's or toddler's IFSP
team chooses to provide services in a restricted setting the child's
individualized family services plan will need to
[[Page H6077]]
justify why this location is most appropriate.
Early intervention services were not intended to be provided using a
medical model. Early intervention services should enhance the learning
and development of the infant or toddler with a disability, and the
ability of the family to meet the special needs of their child. To
accomplish this the family must be trained to provide as many of the
child's services as possible.
Center or clinic based programs are very expensive. This emphasis on
natural settings, besides being the most appropriate location for
providing services to infants and toddlers, will lower the costs for
the States as they implement these changes. This issue of where
services will be provided and the costs relating to the different
choices is one which will continue to be worked out as we proceed to
conference.
Finally, I would like to talk about the formula which will determine
the Federal appropriation each State will receive. Let me say first of
all--no State will lose funds for 3 years. Forty-six States lose no
funds through the first 6 years of the transition to the new formula.
This bill phases in the process from allocating funds to the States
based on a child count of children with disabilities to a population-
based formula for a factor for poverty. The new formula is based 85
percent on the number of children in the State and 15 percent on State
poverty statistics.
This is a major step in the move to reduce the overidentification of
children as disabled, particularly African-American males who have been
pushed into the special education system in disproportionate numbers.
The Clinton administration recognized the problem with the current
system in its bill, suggesting a population-based formula with new
funding. Many of my Democrat colleagues also recognized the importance
of this change when they introduced that bill last year as H.R. 1986.
In 1994, the Department of Education's inspector general recommended
changing the formula in a manner similar to the way we have changed it
in this bill. They called the current formula a bounty system that
encourages putting children in special education when they should not
be.
Before I conclude, I want to note that this legislation represents
over a year of hard work by the members of this committee.
{time} 1530
But I would like to thank one colleague in particular for his
dedication to the bill. The subcommittee chairman, the gentleman from
California, Mr. Duke Cunningham, has led this bill through its yearlong
journey to a vote today. He has dedicated many hours to crafting an
outstanding piece of intricate and comprehensive legislation. Mr.
Cunningham has my sincere thanks.
I would also like to thank Mr. Greenwood, Mr. Gunderson, Mr. Talent,
Mr. Souder, Mr. Riggs, Mr. Clay, Mr. Kildee, and Mr. Miller, and all
others who have worked in a bipartisan manner to improve the IDEA, and
particularly the staffs headed by Todd Jones on our side and Sarah
Davis on the other side.
The IDEA Improvement Act is the most important change to America's
special education system since the passage of Public Law 94-142 in
1975. Overall, America's special education system as has been
structured has not accomplished what has been necessary to educate our
children with disabilities. There is broad agreement on the need to
change. Results are important. Accountability is important. I believe
this bill will help give America's children with disabilities what they
were promised 21 years ago: the real opportunity to receive a quality
education. I ask that my statement be included in the Record.
Mr. Speaker, thank you for permitting me to present for consideration
H.R. 3268, the IDEA Improvement Act, which amends the Individuals With
Disabilities Education Act. This bill will take major steps toward
better education for children with disabilities, and as a result will
increase the ability of these children to become productive, fully
participating citizens in their communities.
This legislation will improve special education by: placing an
emphasis on what is best educationally for children with disabilities
instead of burdensome paperwork requirements; giving teachers more
flexibility and schools lower costs; enhancing parental input; and
making schools safer for students and teachers.
There are many important changes to IDEA in this legislation. It
includes the vast majority of the changes recommended by a large group
of education, disability, and parent organizations, who worked together
closely in the past weeks to recommend improvements to our legislation
prior to our committee markup. That cooperation itself is historic.
Never before have so many groups with such divergent viewpoints come
together on behalf of children with disabilities. I hope the result is
an ongoing dialog and continuing effort to meet the needs of our
children.
I have strong letters of support for the bill from the National
School Boards Association and the National Association of Elementary
School Principals. They term this legislation an ``excellent step'' and
a bill which ``contains many improvements and reforms that will improve
services for students with disabilities.'' I would ask that they be
entered in the Record.
The changes in the IDEA Improvement Act will have a real and positive
impact on the lives of millions of students with disabilities. When
enacted, the bill will help children with disabilities learn more and
learn better, which should be the ultimate test of any education law.
Students with disabilities will now be expected, to the maximum extent
possible, to meet the same high educational expectations which have
been set for all students by States and local schools. There will be an
emphasis on what works instead of filling out paperwork. No longer will
teachers be forced to complete massive piles of unnecessary, federally
required forms and data collection sheets. These changes will mean more
time for teachers to dedicate to their students, and fewer resources
wasted on process for its own sake.
The IDEA Improvement Act will help cut costly referrals to special
education by emphasizing basic academics in the general education
classroom. In the 1993-94 school year, 2.44 million of our Nation's
4.79 million special education children were there because they have
learning disabilities. Many of these problems could be addressed with
better academics in the early grades.
The IDEA Improvement Act has addressed this issue in several ways.
First, following every evaluation of a child for special education
services, school personnel will need to consider whether the child's
problems are the result of lack of previous instruction. Too often,
children whose primary problems result from a lack of reading skills
enter special education because their problem was not properly
addressed with basic academics. This change will result in fewer
children being improperly identified as disabled because their actual
need, lack of skills, will be noted and addressed in a general
education setting.
Second, the bill's discretionary training program will provide
necessary training for general education teachers that is not being
provided today. Current federal training grant programs ultimately
focus their resources on pre-service for special education teachers,
because universities that receive the grants are deciding what the
priorities for training are. While such training is important, where
local teachers and schools are given the opportunity to decide what
priorities are most important, they consistently cite in-service
training, particularly for general education teachers, and pre-service
training for early grade general education and reading teachers. This
bill will refocus Federal efforts by putting the decision making power
with States and local schools, who are in a better position to
recognize and serve their local needs. This will mean teachers with
better skills in the critical early grades, which will lead to better
taught children and ultimately, fewer special education referrals.
Third, the IDEA Improvement Act will eliminate many of the financial
incentives for overidentifying children as disabled. The change in the
Federal formula, which I will talk about shortly, will reduce the
Federal bonus for identifying additional children as disabled.
Hopefully, States will follow suit, moving toward similar formulas. The
legislation will also ensure that States do not use placement-drive
funding formulas that tie funds to physical location of the child. Such
incentives encourage children to be placed in more restrictive
settings, from which they are less likely to ever leave. They also
encourage placement in special education in the first place,
particularly children with mild disabilities that might best be served
in general education classrooms with more assistance, instead of
separate classrooms.
The legislation will also help ensure that assignment to special
education is not permanent. Children are often referred to special
education in early grades and then never leave. Part of the problem
lies with the child not keeping pace academically with their peers.
Special education plans often have no link to the general curriculum.
Therefore, children remain in special education because they
[[Page H6078]]
lose contact with what other children their age are learning and can no
longer keep up. This legislation will ensure that the general
curriculum is part of every child's individualized education program
[IEP] or justified why it is not.
The bill will assure parents' ability to participate in key decision-
making meetings about their children's education and they will have
better access to school records. They will also be updated no less
regularly than the parents of nondisabled students through parent-
teacher conferences and report cards. Parents will be in a better
position to know about their child's education, and will be able to
ensure that their views are part of the IEP team's decision making
process.
The bill ensures that States will offer mediation services to resolve
disputes. Mediation has proved successful in the nearly three-quarters
of the States that have adopted it. This change will encourage parents
and schools to work out differences in a less adversarial manner. The
bill will also eliminate attorney's fees for participating in IEP
meetings, unless they have been ordered to by a court or hearing
officer. The purpose of this change is to return IEP meetings to their
original purpose, discussing the child's needs.
Our legislation will reduce litigation under IDEA by ensuring that
schools have proper notice of a parent's concerns prior to a due
process action commencing. In cases where parents and schools disagree
with the child's IEP, the school will have real notice of the parent's
concerns prior to due process. We hope that this will lead to earlier
resolution of such disputes without actual due process or litigation.
Local principals and school administrators will be given more
flexibility. There will be simplified accounting and flexibility in
local planning. No longer will accounting rules prevent even incidental
benefits to other, nondisabled children for fear of lost Federal
funding.
The bill will make schools safer for all students, disabled and
nondisabled, and for their teachers. Expanding upon current procedures
for students with firearms, we will enable schools to quickly remove
violent students and those who bring weapons or drugs to school,
regardless of their disability status. The bill will ensure that such
children can quickly be moved to alternative placements for 45 days,
during which time the child's teachers, principal, and parents can
decide what changes, if any, should be made to the child's IEP and
placement.
The legislation will also ensure that disability status will not
affect the school's general disciplinary procedures where appropriate.
In discipline cases, the child's individualized education program team
will determine whether the child's actions were a manifestation of his
or her disability. If they were not, schools will need to take the same
action with disabled children as they would with any other child. This
would include expulsion in weapons and drug cases where that is
permitted by local or State law.
Part C, the infants and toddlers program, has been changed to
strengthen the intent of past Congresses to promote early intervention
services to infants and toddlers in natural environments. Under this
bill, State policies and procedures implementing this program will
direct the provision of services in natural settings. This requirement
will not mean that all services, such as physical therapy, must be
provided in the child's home. Rather, if the infant's or toddler's IFSP
team chooses to provide services in a more restrictive setting,
the child's individualized family services plan will need to justify
why this location is most appropriate.
Early intervention services were not intended to be provided using a
medical model. Early intervention services should enhance the learning
and development of the infant or toddler with a disability, and the
ability of the family to meet the special needs of their child. Center
or clinic based programs are very expensive. This emphasis on natural
settings, besides being the most appropriate location for providing
services to infants and toddlers, will lower the costs for the States
as they implement these changes. The issue of where services will be
provided and the costs relating to the different choices is one which
will continue to be worked out as we proceed to conference.
Finally, I would like to talk about the formula which will determine
how much of the Federal appropriation each State will receive. Let me
say first of all no State will lose funds for 2 years; 49 States lose
no funds through the first 5 years of the transition to the new
formula. This bill moves from allocating funds to the States based on a
child count of children with disabilities to a population-based formula
with a factor for poverty. The new formula is based 85 percent on the
number in the State and 15 percent on State poverty statistics. This is
a major step in the move to reduce the overidentification of children
as disabled, particularly African-American males who have been pushed
into the special education system in disproportionate numbers.
The Clinton administration recognized the problem with the current
system in its bill, suggesting a population-based formula with future
funding. Many of my Democrat colleagues also recognized the importance
of this change when they introduced that bill last year as H.R. 1986.
In 1994, the Department of Education's Inspector General recommended
changing the formula exactly as we have changed it in this bill. They
called the current formula a bounty system that encourages putting
children in special education when they should not be.
Obviously, when a change this large is undertaken, some States will
gain in the count and others will be reduced. In an effort to hold the
negative impact on States to a minimum, the first 10-percent of the
funds which a State would lose will be held harmless. In effect this
means that during the transition to the new formula, any State which
loses 10 percent or less will see no reduction in funding. Those States
that would lose more than 10 percent are held harmless for that 10
percent. For example, if a State's 1996 allocation were to be $120
million, and the transition formula would allocate $104 million to the
State in 2002, that State would still receive $116 million; that is,
the $104 million allocation plus 10 percent of the 1996 allocation,
which amounts to $12 million.
Aside from the part C and funding formula changes, there are several
other small and technical changes in today's bill from the bill
reported out of committee last month. These include: noting the role of
education service agencies in the findings and purposes, and updating
some of the statistics used in the findings; ensuring that knowledge
about the child or special expertise is required to be on the IEP team,
not special knowledge or special expertise; properly placing one of Mr.
Miller's markup amendments within the procedural safeguards section;
making the language in Mrs. Mink's amendment consistent with the terms
used in the bill; ensuring that the professional standards suspension
provision only applies to the highest standard provision, not to all
professional standards; ensuring that the Secretary has the authority
to actually make awards and grants under part D, subpart 1; and making
technical and cross-reference changes to implement the intent of the
bill.
Before I conclude, I want to note that this legislation represents
over a year of hard work by the members of this committee. But I would
like to thank one colleague in particular for his dedication to this
bill. Subcommittee Chairman Duke Cunningham has led this bill through
its year long journey to our vote today. He has dedicated many hours to
crafting an outstanding piece of intricate and comprehensive
legislation. Mr. Cunningham has my sincere thanks.
I also want to thank Mr. Greenwood, Mr. Gunderson, Mr. Talent, Mr.
Souder, Mr. Riggs, Mr. Clay, Mr. Kildee, Mr. Miller, and all the others
who have worked in a bipartisan manner to improve the IDEA.
The IDEA Improvement Act is the most important change to the
America's special education system since the passage of Public Law 94-
142 in 1975. Overall, America's special education system as it has been
structured has not accomplished what is necessary to educate our
children with disabilities. There is broad agreement on the need to
change. Results are important. Accountability is important. I believe
this bill will help give America's children with disabilities what they
were promised 21 years ago: the real opportunity to receive a quality
public education.
Mr. Speaker, I reserve the balance of my time.
Mr. KILDEE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 3268, the IDEA
Improvement Act of 1996, and urge my colleagues in the House to do the
same.
This is a relatively young law. In fact, we have recently celebrated
the 20th anniversary of the historic enactment of this bill. It seems
almost impossible to imagine, Mr. Speaker, that just two short decades
ago children were routinely excluded from one of our most important
institutions in this country, public schools. IDEA and the improvements
we are proposing to make in this reauthorization are among the proudest
legacies of this Congress and our committee. And let me say to my good
friend, the gentleman from Pennsylvania [Mr. Goodling], that although
this has been sometimes a very difficult process, it has been a very
productive process, and I want to thank the gentleman for his patience
and his determination, that we designed a reauthorization bill that
could gain bipartisan support.
I would also like to thank my subcommittee chairman, the gentleman
from California, Mr. Duke Cunningham, who is tireless in his desire to
find common ground between a
[[Page H6079]]
myriad of conflicting viewpoints and approaches.
Finally, I would like to express my gratitude to the participants of
the IDEA consensus group for their remarkable devotion to the children
and families served by this law. This law is as virtuous as it is
because of them, and I thank them for the hundreds of hours they
committed to helping us fashion a proposal which we have before us
today.
I would like to say a word about one of the improvements in this
bill. When this bill is signed into law it will require new interagency
agreements that will provide a means of improving related services to
disabled students by sharing costs across the widest possible fiscal
base. There are many Federal, State, county, and municipal agencies
that could provide related services for disabled students, but
currently do not. The principal reason why all appropriate agencies do
not provide such services is that those served by special education are
considered the sole responsibility of the public school system. I think
that it makes both fiscal and programmatic sense to involve all
services providers while maintaining the current seamless delivery
systems in schools.
Public school systems now shoulder the fiscal responsibility for
special education. As the cost of health care has continued to rise,
the absence of an effective cost-sharing mechanism has unfairly focused
attention on the costs of special education. Relying on local school
budgets for the cost of health, mental health, and social services
causes needless conflict with parents over the scope of services and
the cuts in programs for both disabled and nondisabled students.
According to a recent editorial in Education Week, special education
costs now are about $35 billion nationally. By some estimates a full 6
billion of those costs could be shared. That is only a fraction of
total local, State, and Federal spending on health care and social and
mental health services, but it is a huge amount for local schools.
And before I yield, I want to thank the administration for providing
the blueprint for this proposal. Importantly, the bill will refocus the
provision of services under IDEA towards improving educational results
by promoting greater participation in the general curriculum an the
assessments that measure student progress and by affirming that school
reform efforts must include children with disabilities.
The bill also promotes improvements in teaching and learning in two
ways: through a strong commitment to providing teachers and families
with the tools and training they will need to improve achievement; and,
second, by reducing administrative burdens at all levels and increasing
administrative flexibility. We are sending a signal to schools that we
want better results for children, not unread paperwork.
I want to thank the chairman for his great work on this bill, and I
want to thank also the subcommittee chairman, the gentleman from
California, Mr. Duke Cunningham, and I want to thank their staff also,
especially, Sally Lovejoy, Todd Jones, and Doris Husted, along with
Sarah Davis and Melissia Benton on our staff. Their prodigious effort
really has been instrumental and essential in writing this bill. We at
times had points in this bill where we thought we could go no further,
but because of their patience and their tenacity and that of Duke
Cunningham and the good work between our staffs, we were able to write
a bill that we can be proud of, and I want to thank all those involved
in that.
Madam Speaker, I yield such time as he may consume to the gentleman
from Missouri [Mr. Clay].
(Mr. CLAY asked and was given permission to revise and extend his
remarks.)
Mr. CLAY. Madam Speaker, today, we debate the Individuals With
Disabilities Education Act which mandates a free appropriate public
education for children with disabilities and provides Federal funding
to State and local education agencies in helping to meet this goal.
IDEA is the main Federal law intended to support and improve early
intervention and special education for infants, toddlers, children, and
youth with disabilities. The centerpiece of IDEA is the Grants to
States Program that assists States to serve school age children with
disabilities.
The legislation we debate today is comprehensive. However, the two
issues which I will address in my time allotted are first, cessation of
services for disabled students, and second, the streamlining of special
purpose programs under IDEA.
The first issue is the cessation of services for disabled students.
In other words, the issue is whether a disabled school-age student can
be expelled from school indefinitely without educational services for
certain unacceptable behavior. The cessation of educational services to
children with disabilities is one of the most controversial changes to
IDEA. Current law allows schools to use disciplinary procedures on
children with disabilities, including expulsion, but these procedures
cannot result in a cessation of services. This is an issue which
received considerable and contentious debate and discussion during
deliberations on this legislation.
To set this issue in perspective, current law permits the school to
suspend a child for up to 10 school days whenever a student poses an
immediate threat to the safety of others. Further, if a child with a
disability is determined to have brought a firearm to school, the child
may be placed in an interim alternative education setting in accordance
with State law, for not more than 45 days.
The Senate reported bill contains language which permits the child to
be placed in an interim alternative educational setting for 35 days if
a child with a disability has a dangerous weapon in his/her
possession, engages in the illegal use, possession, or distribution of
drugs, or engages in behavior that results in or is substantially
likely to result in serious bodily injury. The Senate provision could
result in the student being expelled without follow-up services if the
behavior relates to weapons or drugs or was found to be unrelated to
the child's disability.
The result of the House provisions as it relates to disciplinary
measures is that students whose actions are found to be unrelated to
their disability may be expelled without services for weapons and
illegal drug cases if so provided by State law.
Federal law is supporting the expulsion of school-age students from
school indefinitely without providing some type of alternative
services. Without special services, the outcomes for children with
disabilities in this situation are much worse than for children without
disabilities. When we sanction this in Federal law, we are supporting
the cessation of education services to students with disabilities who
are the most vulnerable.
The question is are we mandating a disservice to students and/or to
society when we permit school-age students to be thrown into the
streets without any alternative placement? Are we simply creating a
worse criminal law problem later?
Although there has been a frequent reference to the minuscule number
of student affected by this change, our concern is that any number is
too many.
I intend to carefully follow the implementation of this legislation
and carefully follow the result of this provision.
An additional issue that I will address is the streamlining of the
special purpose programs under IDEA. Currently, under IDEA, there are
14 special purpose programs that authorize discretionary grants to
support early intervention and special education research,
demonstration projects, teacher training, and information
dissemination. The House bill would consolidate these 14 programs into
4.
The concern is that support for certain vital functions might be lost
in the transition to the four new progams. The Federal role in the area
of early intervention and special education research and development,
without question, has led to improved outcomes for children with
disabilities. Although specific program headings will disappear in the
new legislation, that should not suggest that our work is done in these
areas. The education of students with disabilities will not improve
without a strong Federal role that advances the knowledge base and
tools of educators.
I urge my colleagues to very carefully consider this legislation.
Mr. GOODLING. Madam Speaker, I yield 6 minutes to the ``Duke'' from
California, Mr. Cunningham, the subcommittee chairman who piloted this
through his subcommittee.
Mr. CUNNINGHAM. That is the California Duke, not the Louisiana Duke,
Madam Speaker.
Madam Speaker, can our colleagues imagine having a child with
disabilities and no place to go, that the school refuses to teach that
child, and they have no hope that that child will have a bite at the
American dream? Well over 21 years ago, Madam Speaker, there was a
program established to address this problem, IDEA. And it is said,
well, why fix a program that is working good? First of all, IDEA was up
for reauthorization. And today we live in a computer age. We do not use
typewriters. It is time for a new approach, and like each bill that
comes
[[Page H6080]]
before us, the direction that we set forth was to try and do this in a
bipartisan manner.
I want to thank my colleague, the gentleman from Michigan [Mr.
Kildee]. When he was the chairman of my subcommittee, he was very fair
and worked very closely with me, as he does now as ranking member.
Second, I would like to thank the gentleman from Pennsylvania [Mr.
Goodling]. As chairman, he led well. He did not micromanage. He gave me
the reins that I needed to be able to go forth.
I would like to thank especially the California legislature and all
the principals and superintendents that I had meetings and hearings
with on this bill. On IDEA, I had more meetings than I have had on
national security. My colleagues cannot realize the different interest
groups that come into play. And to get a consensus of teachers, of
schools, and parents on a bill like this has been very, very difficult
and very trying.
But we have done it. And I think that the reauthorization and the
improvement of this act is going to help children.
First priority was to help schools achieve more of their budgetary
accounts toward special-education children. Many of the procedures that
schools were forced to go through, along with lawsuits and the dollars
going to lawyers and paperwork, were taking away from the actual
dollars that we wanted to focus to kids. So we set forth and tried to
resolve that problem.
We wanted to allow schools to function well, and serve not only
special education children, but all children better, so that those
dollars were not taken away. In many cases today, we would have lengthy
litigation. In California there is one case where over $1 million
dollars was taken away from the school system through unwise
litigation. We resolved that problem, and we got the consensus of
both the parent groups and the schools. That was difficult.
Madam Speaker, I do not know if our colleagues have ever taken a dirt
clod and thrown it at a wasps' nest. But all the little wasps, when you
do that, start dancing around, and they are going to sting. When we
take a look at the challenges present in IDEA and the problems that we
have gone through in bringing this bill to the floor, I think we have
done a pretty good job.
We found that school boards did not know what their responsibilities
were, teachers did not know what their responsibilities were, and
parents did not always know what the law entailed and were trying to
overprescribe special-education requirements to the schools. In the
end, it resulted in a lot of lawsuits to the schools.
So what did we do? We said in the first due process meeting between a
parent and a school that a lawyer cannot be present. Because if there
is a lawyer there, the school has got to have one, and that takes
dollars away from the system. So at this first due process meeting, we
try and encourage mediation where two people or two groups can sit down
and save the focus and save the dollars to go back into the education
of children.
Madam Speaker, I know there are a couple of other speakers that
wanted to speak. And I know the gentlewoman from Maryland [Mrs.
Morella] did. I will submit the rest of this for the Record. In this
bill, we replace confusion with clarity and simplicity. I think it is a
great improvement. I could not have done that without the gentleman
from Michigan [Mr. Kildee], through his guidance. And I could not have
done it without the leadership of my chairman, the gentleman from
Pennsylvania [Mr. Goodling]. We have prepared here to thank the staffs
and the different people; the other Members have already done that so I
will not say that again. But I will submit it for the Record.
I urge all Members to support the IDEA Improvement Act.
Mr. Speaker and Chairman Goodling, thank you for recognizing me in
support of my bill, the IDEA Improvement Act.
This legislation is based upon one principle: That children with
disabilities deserve a fighting chance to grow up and achieve the
American dream. And to have that fighting chance, children need an
excellent education.
So a year and a half ago, we set out to make the Nation's special
education law better. America has had a national special education law
for 21 years. By many measures, it has succeeded. Children who were
regarded as helpless now receive an education. Families who were
powerless to get schooling for their children now get it. And schools
who lacked direction in how to provide special education now have it.
But we can do better. It's taken many meetings, and a lot of time.
But with the agreement of Republicans and Democrats, families and
educators, we have done better for our schools and for our Nation's
children. Together, we have developed the first comprehensive reform of
our Nation's special education law. We have made it better for our
children with disabilities. And we have improved schools' ability to
run the program.
Chairman Goodling has outlined this legislation in detail. Let me
highlight four areas which I find particularly important.
First, we believe it is important for schools and families to focus
on quality education, instead of bureaucratic paperwork. So we have
made several improvements in the IEP, the Individualized Education
Program that is required for every child with a disability. For the
first time, the IEP must focus on the educational progress of the
child, not merely list pre-programmed services.
Second, we believe it is important to make every special education
dollar count. Every dollar that pays for attorneys or unnecessary
paperwork is a dollar that cannot buy a book, pay a teacher, or educate
a child. So where there is disagreement between families and schools
over how to best educate a child with a disability, we strongly
encourage them to work it out through mediation.
Third, we believe we must restore fairness to the distribution of
Federal money under IDEA. While the current formula was written for a
good reason, problems have arisen. The Department of Education
inspector general found that some States over identify children into
special education, and get more than their fair share of Federal money.
That's not right. So we gradually transition away from that unfair
formula, toward one based upon population, a small poverty factor, and
a hold harmless for several affected States. I agree that Congress
should provide more funding for local schools to meet this mandate. And
I have joined several other Members in requesting it.
And fourth, is the issue of discipline. Under the law today, there is
disagreement and confusion among schools and families, over how and
when to discipline children with disabilities. This is particularly
tough in the most difficult and violent cases. But we replace confusion
with clarity and simplicity. We ensure safe classrooms and safe
schools. And we maintain agreed-upon procedural safeguards for children
with disabilities.
We have made many other improvements in the IDEA Improvement Act,
such as consolidating and focusing programs, and reforming professional
development for teachers. We have simplified our schools's
administration of special education.
But everything we have done returns to this one principle: That
children with disabilities deserve an excellent education, so they have
a fighting chance at the American dream.
Because in America, children with learning disabilities should
discover the world of reading. Children with emotional disturbances
should acquire the confidence they need through learning and
achievement. Children who were once thought to be helpless should grow
to become active, working, and productive citizens of our communities.
In America, the best Nation on Earth, we can and do work together to
make things better.
I would like to thank my chairman, Bill Goodling, for his leadership,
and for working closely together with me on this bill. My Youth
Subcommittee's ranking member, Dale Kildee, proved his friendship
again, as a friend of mine and a friend of our Nation's children.
I also would like to recognize: Todd Jones, Doris Husted, and Sally
Lovejoy from the committee majority staff, Frank Purcell of my personal
staff, Sara Platt Davis of the committee minority staff, Steve Aleman
from CRS, legislative counsels Susan Fleishmann and Mark Synnes and all
the representatives of schools, teachers, and families of children with
disabilities, whose time and contributions to this effort made the IDEA
Improvement Act possible. Thank you.
I urge all Members to support the IDEA Improvement Act.
Mr. KILDEE. Madam Speaker, I yield 5 minutes to the gentleman from
Montana [Mr. Williams].
Mr. WILLIAMS. Madam Speaker, I appreciate the opportunity to speak in
support of this important legislation. I appreciate all of the hard
work that has been done on both sides of the aisle to make this
reauthorization a bipartisan effort. I think it is very important that
we make changes to this law, and I know there are some positive changes
in this bill. I would just like to take a
[[Page H6081]]
second and remind folks of the progress that the Individuals With
Disabilities Education Act has made during the past 20 years.
In 1974, before the passage of IDEA, there were 70,655 children
living in State institutions compared to 4,000 children in 1994. In
1994, the average State institution expenditure was $82,256 per child.
So it is clear that this law is saving the Government and taxpayers an
awful lot of money.
The number of students with disabilities completing high school with
a diploma or certificate increased from 55 percent in 1984 10 years ago
to 64 percent in 1992.
According to a Harris poll, 44 percent of all people with
disabilities have some college education today, compared to only 29
percent in 1986. Forty-seven percent of people without disabilities
have some college education.
Fifty-seven percent of youth with disabilities are competitively
employed within 5 years of leaving school today, compared to an
employment rate of only 33 percent for older people with disabilities
who have not benefited from IDEA.
So it is clear this law is having a tremendous positive effect on the
lives of individuals with disabilities, and I am supportive of
continuing to make changes that strengthen the IEP process and involve
regular education teachers and parents; coordinating education with
health and social services; ensuring mediation is available to parents;
and reducing some of the Federal burden on local school districts.
By and large, I feel that we have made a great deal of progress on
this legislation and I appreciate the bipartisan work that has been
done to this end to strengthen the personnel standards provisions,
eliminate the part H demonstration proposal, and strengthen the
manifestation determination process. I do, still have a couple of
concerns that I hope can be resolved during conference.
Specifically I am still uncomfortable with the formula change and I
would like to go on record in support of current law.
Twenty years ago, when this law was adopted, Congress found that 1
million children with disabilities were participating in regular school
programs, but because their disabilities were undetected, they were
prevented from having a successful school experience.
This was the critical reason that Congress decided to base the IDEA
formula on the numbers of students identified with disabilities, a law
guaranteeing the free and appropriate education for these children,
must have some mechanism for ensuring that children with disabilities
are identified and served.
In my State, 7 percent of the population is Native American. With
50,000 native people and nearly 8,000 native children spread throughout
7 reservations in very remote locations, it is extremely difficult to
find children with disabilities in these areas. It is critical for
Montana to have its State allocation based on the number of students
with disabilities so that there is some incentive to reach out to this
population and find those kids in desperate need of services.
I have heard the argument that this formula may create some
situations of overidentification in some areas or populations. But, it
just does not make sense to me. If a State identifies a child with
disabilities, they must then serve that child, and the Federal
Government is not giving them nearly enough money to provide those
services.
I also have concerns that time is running short on getting this
legislation through conference committee. The Senate is adamantly
opposed to this change and we do not have the time to engage in a
formula fight.
I am also still very concerned to see this Congress moving in the
direction of ceasing educational services for disabled children under
certain circumstances. Cessation of services for any student with
disabilities is simply not necessary to ensure the goal of school
safety. The bill before us today already allows for the following
actions to be taken for students who have engaged in serious misconduct
involving weapons, drugs, or misbehavior causing serious injury:
Students can be immediately suspended from school for up to 10 school
days--2 weeks; school personnel can order a change in placement of the
child to an interim alternative placement for an additional 45 school
days--9 weeks. During this time, the school can review the child's
placement, services, recommend changes in placement after the 45-day
period concludes, or subject the child to other disciplinary
procedures.
I support these provisions, but fail to see how the cessation of
educational services will result in anything other than harming our
students with disabilities.
It is important to consider the real life impact that cessation will
have on these children as we consider changing a long-standing Federal
commitment to educating children with disabilities.
Students with disabilities who are expelled or suspended under
current law are typically kids with learning disabilities or emotional
problems. Research tells us that these are kids whose long-term
prospects are very grim if they are separated from all educational
services.
The majority of kids with these disabilities who drop out of school
are arrested. Their prospects for employment are poor. And, the odds
are stacked against them for ever succeeding in the long-run.
If we really care about our communities, and safe schools, we should
be investing in continuing the services these individuals need to
become good citizens, not cutting off any chance of beating the odds.
{time} 1545
Mr. GOODLING. Madam Speaker, I encourage my colleague, the gentleman
from Montana [Mr. Williams], to look at the new formula, and hopefully,
since that is the direction the administration wanted to go, we can do
something different than the Senate has done.
Madam Speaker, I yield 2 minutes to the gentlewoman from Maryland
[Mrs. Morella].
Mrs. MORELLA. Madam Speaker, I thank the gentleman for yielding me
the time.
Madam Speaker, I rise in praise of Congressmen Bill Goodling, Randy
Cunningham, and Dale Kildee, and all of the members of the Committee on
Economic and Educational Opportunities for moving IDEA to the House
floor. This is a very important piece of legislation that must be
reauthorized this year. IDEA has made it possible for millions of
children and youth with disabilities to gain an education. IDEA has
enabled millions of children to grow up to become productive and
contributing members of society.
Let me share with you the story of Cecilia Pauley. Cecilia was born
with Down's syndrome. She has loving parents and brothers and sisters
who give her their time and attention, and have helped her with her
school work.
Cecilia attends a regular high school in Montgomery County, MD. She
has been an inspiration to other students at the school. She works in
the school nurse's office, and next year she will start college.
Cecilia gives many speeches to large groups, and she inspires others to
work up to their potential. Without IDEA, Cecilia could not have
succeeded.
Last week, I spoke at the graduation of two students at Stephen
Knolls School in Montgomery County, MD--a school for multiply disabled.
Anthony Barbaro and Laurie Springer and their families were uplifted by
such caring education. They learned life skills. Principal Jane Jackson
and staff are committed to the program.
As a former teacher, I remember the days when, only two decades ago,
disabled children were unserved and underserved. At a time when we, as
a Nation, are upgrading our system of education to make our students
more competitive globally, we cannot afford to lower our standards for
any segment of our student population.
Again, I commend Mr. Cunningham and Mr. Goodling for their excellent
work in bringing this bill to the House floor.
Mr. KILDEE. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I would like to also thank people from the department
who played a very important role in this: Judy Heuman, Tom Hehir, Carol
Cichowski, Paul Riddle, Patricia Leahy, Theta Zwesa, Susan Craig, Judy
Wurtzel, Connie Garner, and Susan Leonard.
[[Page H6082]]
Madam Speaker, I yield 3 minutes to the gentleman from Indiana [Mr.
Roemer].
Mr. ROEMER. Madam Speaker, I thank the gentleman for yielding time to
me.
Madam Speaker, I too would like to join in some of the accolades and
in commending the gentleman from Pennsylvania [Mr. Goodling] and the
gentleman from California [Mr. Cunningham] on the Republican side, and
the gentleman from Michigan [Mr. Kildee] and the gentleman from
California [Mr. Clay] on the Democratic side; for this, truly, is
legislation that has taken educational opportunities to equality for
maybe young people that were not being served and were virtually being
ignored. This is important legislation because this legislation will
bring the sense of not just empathy to so many disabled young people,
but efficiency to so many of these young people seeking an education,
seeking to better themselves.
Madam Speaker, we would think that with all these accolades, that
this would be perfect legislation. I do not think that this body has
ever dealt with perfect legislation. I would just point out one
particular area of deep concern to me and why I think we need to
continue to move this legislation in conference into a more fair manner
in terms of the funding formula.
Historically we have based our funding formula under IDEA on the
basis of targeting it to those individuals who are disabled. When we
marked this bill up in committee, a State like Indiana lost about 22
percent of its funds not because we had a number of disabled people
move out of our State and go to more populous States. We still have the
same number of disabled; but many of these moneys now are being moved
to more populous States because the formula has shifted from targeted
to people with disabilities to targeted to States with bigger
populations.
Madam Speaker, while I recognize the chairman, in improving this bill
and going from about a 22 percent loss in the State of Indiana, he now
has incorporated the hold-harmless provision, we now go to about 11
percent loss. I would encourage him, and I hope to work with him in
conference so that I might represent my State in committee, in
conference, and work to improve the formula so that it is judicious, it
is fair to disabled children whether they live in South Bend, IN, or
Sacramento, CA. We have to make sure they get these services.
Madam Speaker, just as a final example, if we were doing wetlands
legislation on the House floor, we would not target the wetlands
legislation to the most populous States or base it upon population. We
would say where are the wetlands? Are they in Indiana, or are more of
them in the South or the North? This formula should not be based upon
population, because each and every one of these disabled children
deserves the equal opportunity to education that this reauthorization
bill will bring to them. I encourage more movement toward a newer
formula that is fair to all children.
Mr. GOODLING. Madam Speaker, I yield myself 30 seconds.
I would indicate, Madam Speaker, that the gentleman's State of
Indiana will not lose any money for 5 years under this bill, and
probably will ultimately not lose any money because of increasing
appropriations. What we are trying to do in this bill is stop
overidentification of children with disabilities and just serve those
who really have disabilities. With this bill, we will eliminate the
financial incentives for placing children into special education when
they do not actually have disabilities. It is unfair to those children
who, as I indicated earlier, are often black male children.
But to ensure that education is not disrupted, this bill provides
that 49 States lose nothing for 5 years and probably nothing ever as we
increase the amount of money appropriated under this bill.
Mr. MILLER of California. Madam Speaker, I would like to express my
qualified support for H.R. 3268, the IDEA Improvement Act of 1996.
While this bill makes some important changes in the 20-year-old law
providing special education and related services to 5.8 million
disabled children and youth, I have some serious reservations about
several aspects of the bill. Nonetheless, I believe it is very
important to move this legislation forward with the hopes that some of
my remaining concerns will be satisfactorily resolved in conference
with the Senate.
I would like to especially thank Chairman Goodling for the spirit of
bipartisanship that marked the latter days of our negotiations over
this bill. The majority came a very long way in accommodating concerns
that I shared with other members of the minority on the Opportunities
Committee as well as with the parent, disability, and education groups
that have such a vital stake in the future of IDEA.
This legislation contains a number of provisions, many of which were
taken from the administration bill, that will improve IDEA and bring
the education of disabled children into the 21st century. These include
requirements that schools hold disabled students to the highest
possible standards and that they be accountable for educational
results. The education of disabled children must be part and parcel of
school reform. The bill also strengthens and improves provisions
relating to the evaluation of disabled children and development of
their individualized education programs, [IEP] to promote the
participation of the child in the general curriculum while ensuring
that the range of necessary services to address that child's needs
remain available. I believe that provisions making the classroom
teacher a fuller participant in the design as well as the
implementation of the child's program are particularly valuable.
In this regard, amendments added in committee by Mrs. Mink and Mr.
Greenwood are well-crafted responses to concerns about disruptive
disabled students that should ensure that the classroom teacher's
concerns are taken into consideration. These amendments rightfully
place the responsibility for addressing the disruptive disabled student
in the IEP process. The purpose is to ensure that children with
behavioral problems receive the proper support and services. It is
imperative, however, that children with disabilities not be considered
disruptive based on a lack of understanding of the nature of the
disability or its effect on behavior, disruption caused by devices,
accessibility, auxiliary aides, or services used by the child, a
failure to provide services, including behavioral management, or
behavior inherent to the disability itself, such as seizures.
I have been particularly concerned about changes affecting due
process rights of children under IDEA, those core protections that make
this law work and provide the key balance of interests between parents
and school districts. While I am pleased that a number of changes were
accepted by the majority that increase my comfort level, including my
amendments increasing due process protections for children who face
cessation of services as a result of disciplinary actions, I remain
troubled about several remaining issues.
First and foremost is that the bill authorizes States to cease
services for disabled children as a disciplinary measure, albeit on a
highly restricted basis. This is wrong and the vast majority of
education and disability groups agree. In California, the legislature
recently passed a law that requires the provision of educational
services to all expelled students. If the California Legislature can
conclude that this sound educational and social policy does not
compromise school safety then Congress should. Unfortunately, the
Senate bill gives us no leeway to change this provision.
Second, I believe that when an offense that will result in serious
disciplinary action is the least bit subjective, only an objective
party--a hearing officer--should have the authority to order a change
in placement. The bill allows a principal to change a disabled child's
placement for up to 55 schooldays under the loosely defined category
serious injury, which means, among other things a verbal assault. Not
only does this definition need to be tightened up, but the decision to
change placement should certainly be that of a hearing officer rather
than a school official.
There are other areas I would like to see addressed in conference.
For example, I am not convinced that a change in the interstate formula
is merited or will resolve problems with overidentification. I do think
that schools need to have a certain stake in child-find and that the
current child-based formula provides this. I am also concerned about
provisions allowing personnel standards to be waived, and would prefer
to see the issue of personnel shortages to be handled with measures to
increase the capacity of States to meet personnel needs. I am also very
concerned that critical technological research and development for
disabled children will come to a halt with the bill's ending
discretionary authorities for such activities.
We will have the opportunity to address most of these issues in
conference, and it is with this confidence that I urge my colleagues to
support this bill.
Mr. GILMAN. Madam Speaker, I rise today in support of the Individuals
with Disabilities Education Improvement Act [IDEA] and commend its
sponsor, the distinguished chairman of the Subcommittee on Early
Childhood, Youth and Families, Mr. Cunningham, and the
[[Page H6083]]
distinguished chairman of the Committee on Economic and Educational
Opportunities, Mr. Goodling, for all of their diligent work in bringing
this important bipartisan legislation to the floor.
This measure effectively incorporates numerous initiatives that have
been proposed by educators and school board members in my district.
This bill seeks to give the classroom teacher the ability to maintain
adequate discipline with regard to special education students. While
previous law prohibited a school from suspending or expelling a
disabled student for more than 10 days, except in the situation where
the student has brought a gun to school, this bill provides for removal
to an alternative placement for students who bring weapons to school,
bring illegal drugs to school or illegally distribute legal drugs in
schools, students who engage in assault or battery, and students, who
by proof of substantial evidence present a danger to himself or others.
I believe that this bill effectively addresses that issue of classroom
safety, while still maintaining protection for the students against
arbitrary placement changes.
Furthermore this measure requires States to make mediation available
to school authorities and parents who disagree over a disabled
student's educational plan, instead of forcing the parties to move
their dispute into the court. It is our hope that an increase in the
use of mediation will reduce the acrimony involved in these disputes
and will save money that has in the past been spent on attorney fees.
Furthermore it is my hope that the new formula changes phased in over
10 years will reduce over-identification and promote the effective use
of government resources.
Accordingly, Mr. Speaker, I urge my colleagues to support this worthy
measure to reform our Nation's special education programs.
Mr. FAWELL. Madam Speaker, I rise in support of H.R. 3268, the
Individuals with Disabilities Education Act Improvement Act of 1996.
In 1975, the original version of the Individuals with Disabilities
Education Act [IDEA] was signed into law. This comprehensive statute,
ensuring the right of children with disabilities to a free, appropriate
public education, has guaranteed that over 5 million children with
disabilities are provided the services they need to reach their
educational goals.
H.R. 3268 makes changes to provisions in IDEA which will improve the
academic achievement of students by helping teachers identify classroom
placements which most fit children's needs. The legislation will make
necessary changes in provisions governing mediation and attorney's
fees, ensuring that dollars for IDEA go to the education of children,
not to court fees.
The IDEA Improvement Act has bipartisan support and incorporates a
majority of recommendations formulated by a broad group of disability
organizations, education groups, parent representatives, and others. I
am pleased at the support for this historic civil rights law and the
House's commitment to providing teachers and families with the tools
and training they need to help disabled students succeed in school.
I commend Chairman Bill Goodling, and Subcommittee Chairman Duke
Cunningham for their hard work on this bill, and urge the House's
support.
Mrs. MINK of Hawaii. Madam Speaker, I rise today to express my
support for H.R. 3268, which reauthorizes the Individuals With
Disabilities Education Act. This is not a perfect bill. There are some
provisions that I have concerns about, however, the bill does go a long
way to improve the current act and I believe will in the end improve
educational services for children with disabilities.
Since the enactment of the Education for All Handicapped Children Act
in 1975, IDEA's predecessor, we have made tremendous strides in
improving education for children with disabilities. This act, among
other things, has stressed the importance of inclusion or mainstreaming
children with disabilities into the regular classroom.
As more children with disabilities have been included in regular
classroom instruction, however, regular education teachers have not
always been given the appropriate training, supplementary aids and
services, and support to best meet the educational needs of disabled
children in their classrooms. In addition, regular education teachers
have had very little input into the educational plan for disabled
children, known as an Individualized Education Plan [IEP] required for
each child covered under IDEA.
Ways to manage a child's behavior or even punish a child
appropriately--if necessary--have not been clearly spelled out for
regular education teachers. Can they use techniques used with other
children? Are there special techniques to use for a particular disabled
child? Many of these questions go unanswered and the regular education
teacher often feels helpless to keep control over his/her classroom and
appropriately deal with the child with a disability should the child
act out, as all children tend to do from time to time.
This bill recognizes these problems that have developed as the
educational setting for disabled children has changed, and makes
several key changes to IDEA which will assure that the regular
education teacher is a much greater participant in the development of a
child's education plan, so teachers do not feel that their hands are
tied when it comes to children with disabilities.
First, the bill includes the regular education classroom teacher as a
member of the IEP team, and requires that this teacher participate in
the development of the child's IEP. Second, the bill includes an
amendment I authored which further clarifies that regular education
teachers must be included in the development of specific part of the
IEP, including a behavioral management plan of a child, supplementary
aids and services needed for that child to participate in a regular
classroom, and other support for school personnel to assure appropriate
services to a disabled child in a regular classroom.
Finally, another amendment added in committee requires that if a
child with a disability has a pattern of severe disruptions within the
classroom, the regular education teacher can convene an IEP team
meeting and discuss what can be done, whether it is additional support
and services in the classroom, or a change in placement for the child.
These are important changes that will go a long way in assuring that
all those involved in the education of disabled children, special
education teachers, parents, administrators, and regular education
teachers will be included in the effort to provide the best education
possible for children with disabilities.
Mrs. JOHNSON of Connecticut. Madam Speaker, I rise in strong support
of H.R. 3268, the Individuals With Disabilities Education Improvement
Act [IDEA] and commend Chairman Goodling and Subcommittee Chairman
Cunningham for their thoughtful, fair, and important work on this
issue. I am pleased that this bill received strong bipartisan support
from the committee and that a broad coalition of interested groups was
able to work together in the development of this legislation.
I believe in the right of a child with a disability to a free,
appropriate public education and I believe IDEA needed revision to
assure the goals of our laws are achieved in a way that preserves
opportunity for all and better reflects the advances that have been
made in the area of special education. Also, we needed change so States
can better manage the regulatory and financial burden of the current
law so our resources can be more effectively focused on educational
needs.
Unfortunately, schools have had to spend valuable time and resources
dealing with discipline and litigation problems that are wasting
valuable education dollars and preventing a fair and consistent
approach to schools' efforts to develop personal discipline in
students. H.R. 3268 will help address these issues in a positive way to
benefit all students in the Nation's schools.
Mr. CASTLE. Madam Speaker, the Individuals With Disabilities Act has
been in existence since 1975 to ensure that all children have access to
a free and appropriate public education. Prior to the enactment of
IDEA, disabled children were often denied adequate public education.
Some studies have found that more than one-half of the children with
disabilities in the United States did not receive appropriate
educational services prior to enactment of IDEA, and 1 million children
with disabilities were excluded entirely from public schools. IDEA has
successfully helped States provide quality education to millions of
disabled students across America. This legislation is critically
important to millions of disabled children in America, not to mention
their families, their friends, and their teachers.
The bill updates IDEA for modern times, preserving its strengths and
strengthening its weaknesses. For example, the bill makes IDEA more
efficient by reducing redtape, while maintaining protections for
disabled children. It makes schools safer by allowing schools to treat
disabled children the same as nondisabled students where their behavior
is not related to the child's disability. It increases parental
involvement in key decisionmaking meetings about their child's
education and placement. It provides teachers with the knowledge and
training to effectively support students' learning. It gives States
more flexibility in using resources. And it reduces the number of
formal disputes by establishing premeditation systems where parties try
to resolve their disagreements without lawyers.
The bill also tries to address the problem of children being
improperly and overly identified as disabled by modifying the funding
formula for part B, which is the centerpiece of IDEA. The current
formula gives funds to States on the basis of the number of students
who have been identified as disabled. The proposed formula gives funds
to States based on the number of school-aged children in the State and
State poverty statistics. The new formula is phased in over 10 years.
This formula change is intended to discourage the overidentification
[[Page H6084]]
of children with disabilities. I understand and support this policy
objective. The proposed formula is more rational and meritorious than
allowing local schools to identify disabled students.
I was concerned, however, that this formula would hurt States that
legitimately had higher rates of disability. Fortunately, the Committee
on Economic and Educational Opportunities recognized the importance of
protecting States, including small States like Delaware. The formula
has been modified to prevent States from facing significant funding
reductions which could have hampered their ability to provide a free
and appropriate public education to disabled children.
The committee had an important opportunity to improve IDEA and build
on its previous successes, and it worked in a bipartisan manner to
achieve this goal. I want to commend the committee leadership and staff
for its excellent work in drafting this bill, and I urge my colleagues
to give this bill their support.
Mr. SAWYER. Madam Speaker, I would like to begin by thanking Chairman
Goodling and Chairman Cunningham for their thoughtful work on this
bill. IDEA is one law where common ground has always been possible, but
never easy. Today, we are closer to that common ground than many
thought probable a month ago. All of those who have had a hand in
bringing us to this point deserve to be commended.
When the markup of this bill was originally scheduled in our
committee, I was concerned that we would have come away with a bill
that no one was happy with, and I hoped that a postponement would give
us time to reach bipartisan consensus. I sent a letter to Chairman
Goodling explaining my concern. Chairman Goodling did postpone the
markup from its originally scheduled time and today, after many hours
of productive negotiations among the various groups with an interest in
this bill as well as among those of us on the committee, we have a bill
which is in many ways better than some thought possible.
I am particularly pleased that the chairman decided to continue the
authorization for a discretionary grant program for professional
development as well as the requirement that States establish a
comprehensive system of professional development. Although there are a
few specific points that I hope we can clarify in conference
negotiations with the Senate, it is important that we have included
these two provisions.
I have always believed that a strong system of professional
development will fortify this bill. With changing technologies, methods
of teaching, and the emerging and changing needs of today's children, a
strong system of professional development is essential. We need to
focus on developing and maintaining a force of qualified personnel to
teach children with a wide range of special needs. Especially
recognizing the considerable shortages of qualified special education
teachers in some areas of this country, it is crucial that we take the
lead at the national level by placing a high priority on providing for
quality systems of professional teacher development.
But professional development is not only important to maintaining a
quality special education teaching force. Training and retraining is
also necessary for teachers whose classroom management problems are
complicated. Teachers in today's classrooms are addressing situations
that they were never educated to deal with. I have every confidence
that today's teachers can deal with these situations, but we need to
recognize that they need and want the proper training to do so.
I am confident that classrooms can be better life-learning
environments when they contain many different children with many unique
qualities and talents. However, a solid system of professional skills
development is the key to making these classrooms good learning and
teaching environments for everyone involved.
This kind of comprehensive professional development is important on
many levels. Our committee has had to balance questions of how to
discipline children with disabilities in this bill, but I believe that
this would not be such a prevalent issue if we had the resources to
train teachers appropriately. Children whose needs are understood and
accounted for, and teachers who are trained to manage special
difficulties that arise, will need for the discipline provisions of
this bill. I think we would all like to see that happen.
Along with professional development, another key to making this bill
work well is the ability to assess children's needs properly. I offered
an amendment at the full committee level that was designed to add to
the definition of evaluation in this bill to ensure that children's
needs are properly assessed with technically sound instruments in all
areas of their suspected disability before any decisions are made about
how and where they can learn best. I am grateful that with a small
amount of rewording, the chairman and I were able to come to an
agreement on this amendment. It is now a part of the bill before us
today. This was a fine example of bipartisanship and a willingness to
find common ground.
I know that this bill is not perfect in everyone's eyes, and I know
that many of us have deep reservations about the Federal Government
sanctioning cessation of educational services for any child. However, I
think most of us now agree that it is a strong piece of legislation
that will go far to improve and enhance education for disabled children
and learning environments for all children.
Thank you again to everyone who worked to make certain that the good
that this law has done for disabled children over the past 20 years
will continue.
Mr. KILDEE. Madam Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. GOODLING. Madam Speaker, I have no further requests for time, and
I yield back the balance of my time.
The SPEAKER pro tempore (Ms. Greene of Utah). The question is on the
motion offered by the gentleman from Pennsylvania [Mr. Goodling] that
the House suspend the rules and pass the bill, H.R. 3268, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended was passed.
A motion to reconsider was laid on the table.
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