[Congressional Record Volume 143, Number 62 (Tuesday, May 13, 1997)]
[House]
[Pages H2498-H2541]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INDIVIDUALS WITH DISABILITIES EDUCATION ACT AMENDMENTS OF 1997
Mr. GOODLING. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5) 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. 5
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 ``Individuals with
Disabilities Education Act Amendments of 1997''.
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 Act may be cited as the
`Individuals with Disabilities Education Act'.
``(b) Table of Contents.--The table of contents for this
Act 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. Acquisition of equipment; construction or alteration of
facilities.
``Sec. 606. Employment of individuals with disabilities.
``Sec. 607. Requirements for prescribing regulations.
``Part B--Assistance for Education of All Children with Disabilities
``Sec. 611. Authorization; allotment; use of funds; authorization of
appropriations.
``Sec. 612. State eligibility.
``Sec. 613. Local educational agency eligibility.
``Sec. 614. Evaluations, eligibility determinations, 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. Federal Interagency Coordinating Council.
``Sec. 645. Authorization of appropriations.
``Part D--National Activities to Improve Education of Children with
Disabilities
``subpart 1--state program improvement grants for children with
disabilities
``Sec. 651. Findings and purpose.
``Sec. 652. Eligibility and collaborative process.
``Sec. 653. Applications.
``Sec. 654. Use of funds.
``Sec. 655. Minimum State grant amounts.
``Sec. 656. Authorization of appropriations.
``subpart 2--coordinated research, personnel preparation, technical
assistance, support, and dissemination of information
``Sec. 661. Administrative provisions.
``chapter 1--improving early intervention, educational, and
transitional services and results for children with disabilities
through coordinated research and personnel preparation
``Sec. 671. Findings and purpose.
``Sec. 672. Research and innovation to improve services and results for
children with disabilities.
``Sec. 673. Personnel preparation to improve services and results for
children with disabilities.
``Sec. 674. Studies and evaluations.
``chapter 2--improving early intervention, educational, and
transitional services and results for children with disabilities
through coordinated technical assistance, support, and dissemination of
information
``Sec. 681. Findings and purposes.
``Sec. 682. Parent training and information centers.
``Sec. 683. Community parent resource centers.
``Sec. 684. Technical assistance for parent training and information
centers.
``Sec. 685. Coordinated technical assistance and dissemination.
``Sec. 686. Authorization of appropriations.
``Sec. 687. Technology development, demonstration, and utilization, and
media services.
``(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
[[Page H2499]]
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) Over 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) strengthening the role of parents and 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
pre-referral 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, for example: 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 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 2.3 times more
likely to be identified by their teacher as having mental
retardation than their white counterpart.
``(D) Although African-Americans represent 16 percent of
elementary and secondary enrollments, they constitute 21
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 1993, of the 915,000 college and university
professors, 4.9 percent were African-American and 2.4 percent
were Hispanic. Of the 2,940,000 teachers, prekindergarten
through high school, 6.8 percent were African-American and
4.1 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.
``(E) Ten years ago, 12 percent of the United States
teaching force in public elementary and secondary schools
were members of a minority group. Minorities comprised 21
percent of the national population at that time and were
clearly underrepresented then among employed teachers. Today,
the elementary and secondary teaching force is 13 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)(A) 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;
``(B) to ensure that the rights of children with
disabilities and parents of such children are protected; and
``(C) to assist States, localities, educational service
agencies, and Federal agencies to provide for the education
of all children with disabilities;
``(2) to assist States in the implementation of a
statewide, comprehensive, coordinated, multidisciplinary,
interagency system of early intervention services for infants
and toddlers with disabilities and their families;
``(3) to ensure that educators and parents have the
necessary tools to improve educational results for children
with disabilities by supporting systemic-change activities;
coordinated research and personnel preparation; coordinated
technical assistance, dissemination, and support; and
technology development and media services; and
``(4) to assess, and ensure the effectiveness of, efforts
to educate children with disabilities.
``SEC. 602. DEFINITIONS.
``Except as otherwise provided, as used in this Act:
``(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
[[Page H2500]]
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 (hereinafter referred to as `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 through 9.--The term `child with a
disability' for a child aged 3 through 9 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 nonprofit institutional day or residential school
that provides elementary education, as determined under State
law.
``(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 that 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 that Act; and
``(B) any State or local funds expended for programs that
would qualify for assistance under any of those parts.
``(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 Alaska 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).
``(12) Individualized family service plan.--The term
`individualized family service plan' has the meaning given
such term in section 636.
``(13) Infant or toddler with a disability.--The term
`infant or toddler with a disability' has the meaning given
such term in section 632.
``(14) 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.
``(15) Local educational agency.--
``(A) The term `local educational agency' means 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 such combination of school districts or counties as
are recognized in a State as an administrative agency for its
public elementary or secondary schools.
``(B) The term includes--
``(i) an educational service agency, as defined in
paragraph (4); and
``(ii) any other public institution or agency having
administrative control and direction of a public elementary
or secondary school.
``(C) The term includes an elementary or secondary school
funded by the Bureau of Indian Affairs, but only to the
extent that such inclusion makes the school eligible for
programs for which specific eligibility is not provided to
the school in another provision of law and the school does
not have a student population that is smaller than the
student population of the local educational agency receiving
assistance under this Act with the smallest student
population, except that the school shall not be subject to
the jurisdiction of any State educational agency other than
the Bureau of Indian Affairs.
``(16) 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.
``(17) 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.
``(18) Outlying area.--The term `outlying area' means the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(19) Parent.--The term `parent'--
``(A) includes a legal guardian; and
``(B) except as used in sections 615(b)(2) and 639(a)(5),
includes an individual assigned under either of those
sections to be a surrogate parent.
``(20) Parent organization.--The term `parent organization'
has the meaning given that term in section 682(g).
``(21) Parent training and information center.--The term
`parent training and information center' means a center
assisted under section 682 or 683.
``(22) 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.
``(23) Secondary school.--The term `secondary school' means
a nonprofit institutional day or residential school that
provides secondary education, as determined under State law,
except that it does not include any education beyond grade
12.
``(24) Secretary.--The term `Secretary' means the Secretary
of Education.
``(25) 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.
``(26) 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.
[[Page H2501]]
``(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.
``(27) State.--The term `State' means each of the 50
States, the District of Columbia, the Commonwealth of Puerto
Rico, and each of the outlying areas.
``(28) 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.
``(29) 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)(5).
``(30) Transition services.--The term `transition services'
means a coordinated set of activities for a student with a
disability that--
``(A) is 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) is based upon the individual student's needs, taking
into account the student's preferences and interests; and
``(C) includes 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.
``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 Act and
other programs and activities concerning the education 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
Act.
``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 Act.
``(b) Remedies.--In a suit against a State for a violation
of this Act, remedies (including remedies both at law and in
equity) are available for such a violation to the same extent
as those remedies are available for such a violation in the
suit against any public entity other than a State.
``(c) Effective Date.--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. ACQUISITION OF EQUIPMENT; CONSTRUCTION OR
ALTERATION OF FACILITIES.
``(a) In General.--If the Secretary determines that a
program authorized under this Act would be improved by
permitting program funds to be used to acquire appropriate
equipment, or to construct new facilities or alter existing
facilities, the Secretary is authorized to allow the use of
those funds for those purposes.
``(b) Compliance With Certain Regulations.--Any
construction of new facilities or alteration of existing
facilities under subsection (a) shall comply with the
requirements of--
``(1) appendix A of part 36 of title 28, Code of Federal
Regulations (commonly known as the `Americans with
Disabilities Accessibility Guidelines for Buildings and
Facilities'); or
``(2) appendix A of part 101-19.6 of title 41, Code of
Federal Regulations (commonly known as the `Uniform Federal
Accessibility Standards').
``SEC. 606. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.
``The Secretary shall ensure that each recipient of
assistance under this Act makes positive efforts to employ
and advance in employment qualified individuals with
disabilities in programs assisted under this Act.
``SEC. 607. 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 Act 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 Act that would procedurally or
substantively lessen the protections provided to children
with disabilities under this Act, 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, timelines, 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) Policy Letters and Statements.--The Secretary may
not, through policy letters or other statements, establish a
rule that is required for compliance with, and eligibility
under, this part without following the requirements of
section 553 of title 5, United States Code.
``(d) 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.
``(e) Issues of National Significance.--If the Secretary
receives a written request regarding a policy, question, or
interpretation under part B of this Act, and determines that
it raises an issue of general interest or applicability of
national significance to the implementation of part B, the
Secretary shall--
``(1) include a statement to that effect in any written
response;
``(2) widely disseminate that response to State educational
agencies, local educational agencies, parent and advocacy
organizations, and other interested organizations, subject to
applicable laws relating to confidentiality of information;
and
``(3) not later than one year after the date on which the
Secretary responds to the written request, issue written
guidance on such policy, question, or interpretation through
such means as the Secretary determines to be appropriate and
consistent with law, such as a policy memorandum, notice of
interpretation, or notice of proposed rulemaking.
``(f) Explanation.--Any written response by the Secretary
under subsection (e) regarding a policy, question, or
interpretation under part B of this Act shall include an
explanation that the written response--
``(1) is provided as informal guidance and is not legally
binding; and
``(2) represents the interpretation by the Department of
Education of the applicable statutory or regulatory
requirements in the context of the specific facts presented.
``PART B--ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES
``SEC. 611. AUTHORIZATION; ALLOTMENT; USE OF FUNDS;
AUTHORIZATION OF APPROPRIATIONS.
``(a) Grants to States.--
``(1) Purpose of grants.--The Secretary shall make grants
to States and the outlying areas, and provide funds to the
Secretary of the Interior, to assist them to provide special
education and related services to children with disabilities
in accordance with this part.
``(2) Maximum amounts.--The maximum amount of the grant a
State may receive under this section for any fiscal year is--
``(A) the number of children with disabilities in the State
who are receiving special education and related services--
``(i) aged three through five if the State is eligible for
a grant under section 619; and
``(ii) aged six through 21; multiplied by
``(B) 40 percent of the average per-pupil expenditure in
public elementary and secondary schools in the United States.
``(b) Outlying Areas and Freely Associated States.--
``(1) Funds reserved.--From the amount appropriated for any
fiscal year under subsection (j), the Secretary shall reserve
not more than one percent, which shall be used--
``(A) to provide assistance to the outlying areas in
accordance with their respective populations of individuals
aged three through 21; and
``(B) for fiscal years 1998 through 2001, to carry out the
competition described in paragraph (2), except that the
amount reserved to carry out that competition shall not
exceed the amount reserved for fiscal year 1996 for the
competition under part B of this Act described under the
heading ``SPECIAL EDUCATION'' in Public Law 104-134.
``(2) Limitation for freely associated states.--
``(A) Competitive grants.--The Secretary shall use funds
described in paragraph (1)(B) to award grants, on a
competitive basis, to Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, and the freely associated
States to carry out the purposes of this part.
[[Page H2502]]
``(B) Award basis.--The Secretary shall award grants under
subparagraph (A) on a competitive basis, pursuant to the
recommendations of the Pacific Region Educational Laboratory
in Honolulu, Hawaii. Those recommendations shall be made by
experts in the field of special education and related
services.
``(C) Assistance requirements.--Any freely associated State
that wishes to receive funds under this part shall include,
in its application for assistance--
``(i) information demonstrating that it will meet all
conditions that apply to States under this part;
``(ii) an assurance that, notwithstanding any other
provision of this part, it will use those funds only for the
direct provision of special education and related services to
children with disabilities and to enhance its capacity to
make a free appropriate public education available to all
children with disabilities;
``(iii) the identity of the source and amount of funds, in
addition to funds under this part, that it will make
available to ensure that a free appropriate public education
is available to all children with disabilities within its
jurisdiction; and
``(iv) such other information and assurances as the
Secretary may require.
``(D) Termination of eligibility.--Notwithstanding any
other provision of law, the freely associated States shall
not receive any funds under this part for any program year
that begins after September 30, 2001.
``(E) Administrative costs.--The Secretary may provide not
more than five percent of the amount reserved for grants
under this paragraph to pay the administrative costs of the
Pacific Region Educational Laboratory under subparagraph (B).
``(3) Limitation.--An outlying area is not eligible for a
competitive award under paragraph (2) unless it receives
assistance under paragraph (1)(A).
``(4) Special rule.--The provisions of Public Law 95-134,
permitting the consolidation of grants by the outlying areas,
shall not apply to funds provided to those areas or to the
freely associated States under this section.
``(5) Eligibility for discretionary programs.--The freely
associated States shall be eligible to receive assistance
under subpart 2 of part D of this Act until September 30,
2001.
``(6) Definition.--As used in this subsection, the term
`freely associated States' means the Republic of the Marshall
Islands, the Federated States of Micronesia, and the Republic
of Palau.
``(c) Secretary of the Interior.--From the amount
appropriated for any fiscal year under subsection (j), the
Secretary shall reserve 1.226 percent to provide assistance
to the Secretary of the Interior in accordance with
subsection (i).
``(d) Allocations to States.--
``(1) In general.--After reserving funds for studies and
evaluations under section 674(e), and for payments to the
outlying areas and the Secretary of the Interior under
subsections (b) and (c), the Secretary shall allocate the
remaining amount among the States in accordance with
paragraph (2) or subsection (e), as the case may be.
``(2) Interim formula.--Except as provided in subsection
(e), the Secretary shall allocate the amount described in
paragraph (1) among the States in accordance with section
611(a)(3), (4), and (5) and (b)(1), (2), and (3) of this Act,
as in effect prior to the enactment of the Individuals with
Disabilities Education Act Amendments of 1997, except that
the determination of the number of children with disabilities
receiving special education and related services under such
section 611(a)(3) may, at the State's discretion, be
calculated as of the last Friday in October or as of December
1 of the fiscal year for which the funds are appropriated.
``(e) Permanent Formula.--
``(1) Establishment of base year.--The Secretary shall
allocate the amount described in subsection (d)(1) among the
States in accordance with this subsection for each fiscal
year beginning with the first fiscal year for which the
amount appropriated under subsection (j) is more than
$4,924,672,200.
``(2) Use of base year.--
``(A) Definition.--As used in this subsection, the term
`base year' means the fiscal year preceding the first fiscal
year in which this subsection applies.
``(B) Special rule for use of base year amount.--If a State
received any funds under this section for the base year on
the basis of children aged three through five, but does not
make a free appropriate public education available to all
children with disabilities aged three through five in the
State in any subsequent fiscal year, the Secretary shall
compute the State's base year amount, solely for the purpose
of calculating the State's allocation in that subsequent year
under paragraph (3) or (4), by subtracting the amount
allocated to the State for the base year on the basis of
those children.
``(3) Increase in funds.--If the amount available for
allocations to States under paragraph (1) is equal to or
greater than the amount allocated to the States under this
paragraph for the preceding fiscal year, those allocations
shall be calculated as follows:
``(A)(i) Except as provided in subparagraph (B), the
Secretary shall--
``(I) allocate to each State the amount it received for the
base year;
``(II) allocate 85 percent of any remaining funds to States
on the basis of their relative populations of children aged 3
through 21 who are of the same age as children with
disabilities for whom the State ensures the availability of a
free appropriate public education under this part; and
``(III) allocate 15 percent of those remaining funds to
States on the basis of their relative populations of children
described in subclause (II) who are living in poverty.
``(ii) For the purpose of making grants under this
paragraph, the Secretary shall use the most recent population
data, including data on children living in poverty, that are
available and satisfactory to the Secretary.
``(B) Notwithstanding subparagraph (A), allocations under
this paragraph shall be subject to the following:
``(i) No State's allocation shall be less than its
allocation for the preceding fiscal year.
``(ii) No State's allocation shall be less than the
greatest of--
``(I) the sum of--
``(aa) the amount it received for the base year; and
``(bb) one third of one percent of the amount by which the
amount appropriated under subsection (j) exceeds the amount
appropriated under this section for the base year;
``(II) the sum of--
``(aa) the amount it received for the preceding fiscal
year; and
``(bb) that amount multiplied by the percentage by which
the increase in the funds appropriated from the preceding
fiscal year exceeds 1.5 percent; or
``(III) the sum of--
``(aa) the amount it received for the preceding fiscal
year; and
``(bb) that amount multiplied by 90 percent of the
percentage increase in the amount appropriated from the
preceding fiscal year.
``(iii) Notwithstanding clause (ii), no State's allocation
under this paragraph shall exceed the sum of--
``(I) the amount it received for the preceding fiscal year;
and
``(II) that amount multiplied by the sum of 1.5 percent and
the percentage increase in the amount appropriated.
``(C) If the amount available for allocations under this
paragraph is insufficient to pay those allocations in full,
those allocations shall be ratably reduced, subject to
subparagraph (B)(i).
``(4) Decrease in funds.--If the amount available for
allocations to States under paragraph (1) is less than the
amount allocated to the States under this section for the
preceding fiscal year, those allocations shall be calculated
as follows:
``(A) If the amount available for allocations is greater
than the amount allocated to the States for the base year,
each State shall be allocated the sum of--
``(i) the amount it received for the base year; and
``(ii) an amount that bears the same relation to any
remaining funds as the increase the State received for the
preceding fiscal year over the base year bears to the total
of all such increases for all States.
``(B)(i) If the amount available for allocations is equal
to or less than the amount allocated to the States for the
base year, each State shall be allocated the amount it
received for the base year.
``(ii) If the amount available is insufficient to make the
allocations described in clause (i), those allocations shall
be ratably reduced.
``(f) State-Level Activities.--
``(1) General.--
``(A) Each State may retain not more than the amount
described in subparagraph (B) for administration and other
State-level activities in accordance with paragraphs (2) and
(3).
``(B) For each fiscal year, the Secretary shall determine
and report to the State educational agency an amount that is
25 percent of the amount the State received under this
section for fiscal year 1997, cumulatively adjusted by the
Secretary for each succeeding fiscal year by the lesser of--
``(i) the percentage increase, if any, from the preceding
fiscal year in the State's allocation under this section; or
``(ii) the rate of inflation, as measured by the percentage
increase, if any, from the preceding fiscal year in the
Consumer Price Index For All Urban Consumers, published by
the Bureau of Labor Statistics of the Department of Labor.
``(C) A State may use funds it retains under subparagraph
(A) without regard to--
``(i) the prohibition on commingling of funds in section
612(a)(18)(B); and
``(ii) the prohibition on supplanting other funds in
section 612(a)(18)(C).
``(2) State administration.--
``(A) For the purpose of administering this part, including
section 619 (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 State may use not more than twenty percent of
the maximum amount it may retain under paragraph (1)(A) for
any fiscal year or $500,000 (adjusted by the cumulative rate
of inflation since fiscal year 1998, as measured by the
percentage increase, if any, in the Consumer Price Index For
All Urban Consumers, published by the Bureau of Labor
Statistics of the Department of Labor), whichever is greater;
and
``(ii) each outlying area may use up to five percent of the
amount it receives under this
[[Page H2503]]
section for any fiscal year or $35,000, whichever is greater.
``(B) Funds described in subparagraph (A) may also be used
for the administration of part C of this Act, if the State
educational agency is the lead agency for the State under
that part.
``(3) Other state-level activities.--Each State shall use
any funds it retains under paragraph (1) and does not use for
administration under paragraph (2) for any of the following:
``(A) Support and direct services, including technical
assistance and personnel development and training.
``(B) Administrative costs of monitoring and complaint
investigation, but only to the extent that those costs exceed
the costs incurred for those activities during fiscal year
1985.
``(C) To establish and implement the mediation process
required by section 615(e), including providing for the costs
of mediators and support personnel.
``(D) To assist local educational agencies in meeting
personnel shortages.
``(E) To develop a State Improvement Plan under subpart 1
of part D.
``(F) Activities at the State and local levels to meet the
performance goals established by the State under section
612(a)(16) and to support implementation of the State
Improvement Plan under subpart 1 of part D if the State
receives funds under that subpart.
``(G) To supplement other amounts 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. This system shall be coordinated with and, to the
extent appropriate, build on the system of coordinated
services developed by the State under part C of this Act.
``(H) For subgrants to local educational agencies for the
purposes described in paragraph (4)(A).
``(4)(A) Subgrants to Local Educational Agencies for
Capacity-Building and Improvement.--In any fiscal year in
which the percentage increase in the State's allocation under
this section exceeds the rate of inflation (as measured by
the percentage increase, if any, from the preceding fiscal
year in the Consumer Price Index For All Urban Consumers,
published by the Bureau of Labor Statistics of the Department
of Labor), each State shall reserve, from its allocation
under this section, the amount described in subparagraph (B)
to make subgrants to local educational agencies, unless that
amount is less than $100,000, to assist them in providing
direct services and in making systemic change to improve
results for children with disabilities through one or more of
the following:
``(i) Direct services, including alternative programming
for children who have been expelled from school, and services
for children in correctional facilities, children enrolled in
State-operated or State-supported schools, and children in
charter schools.
``(ii) Addressing needs or carrying out improvement
strategies identified in the State's Improvement Plan under
subpart 1 of part D.
``(iii) Adopting promising practices, materials, and
technology, based on knowledge derived from education
research and other sources.
``(iv) Establishing, expanding, or implementing interagency
agreements and arrangements between local educational
agencies and other agencies or organizations concerning the
provision of services to children with disabilities and their
families.
``(v) Increasing cooperative problem-solving between
parents and school personnel and promoting the use of
alternative dispute resolution.
``(B) Maximum subgrant.--For each fiscal year, the amount
referred to in subparagraph (A) is--
``(i) the maximum amount the State was allowed to retain
under paragraph (1)(A) for the prior fiscal year, or for
fiscal year 1998, 25 percent of the State's allocation for
fiscal year 1997 under this section; multiplied by
``(ii) the difference between the percentage increase in
the State's allocation under this section and the rate of
inflation, as measured by the percentage increase, if any,
from the preceding fiscal year in the Consumer Price Index
For All Urban Consumers, published by the Bureau of Labor
Statistics of the Department of Labor.
``(5) Report on Use of Funds.--As part of the information
required to be submitted to the Secretary under section 612,
each State shall annually describe--
``(A) how amounts retained under paragraph (1) will be used
to meet the requirements of this part;
``(B) how those amounts will be allocated among the
activities described in paragraphs (2) and (3) to meet State
priorities based on input from local educational agencies;
and
``(C) the percentage of those amounts, if any, that will be
distributed to local educational agencies by formula.
``(g) Subgrants to Local Educational Agencies.--
``(1) Subgrants required.--Each State that receives a grant
under this section for any fiscal year shall distribute any
funds it does not retain under subsection (f) (at least 75
percent of the grant funds) 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) of this Act for fiscal year 1997, as then in
effect, and have established their eligibility under section
613, for use in accordance with this part.
``(2) Allocations to local educational agencies.--
``(A) Interim procedure.--For each fiscal year for which
funds are allocated to States under subsection (d)(2), each
State shall allocate funds under paragraph (1) in accordance
with section 611(d) of this Act, as in effect prior to the
enactment of the Individuals with Disabilities Education Act
Amendments of 1997.
``(B) Permanent procedure.--For each fiscal year for which
funds are allocated to States under subsection (e), each
State shall allocate funds under paragraph (1) as follows:
``(i) Base payments.--The State shall first award each
agency described in paragraph (1) the amount that agency
would have received under this section for the base year, as
defined in subsection (e)(2)(A), if the State had distributed
75 percent of its grant for that year under section 611(d),
as then in effect.
``(ii) Allocation of remaining funds.--After making
allocations under clause (i), the State shall--
``(I) allocate 85 percent of any remaining funds to those
agencies on the basis of the relative numbers of children
enrolled in public and private elementary and secondary
schools within the agency's jurisdiction; and
``(II) allocate 15 percent of those remaining funds to
those agencies in accordance with their relative numbers of
children living in poverty, as determined by the State
educational agency.
``(3) Former chapter 1 state agencies.--
``(A) To the extent necessary, the State--
``(i) shall use funds that are available under subsection
(f)(1)(A) to ensure that each State agency that received
fiscal year 1994 funds under subpart 2 of part D of chapter 1
of title I of the Elementary and Secondary Education Act of
1965 receives, from the combination of funds under subsection
(f)(1)(A) and funds provided under paragraph (1) of this
subsection, an amount equal to--
``(I) the number of children with disabilities, aged 6
through 21, 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
limitation in subparagraph (B); multiplied by
``(II) the per-child amount provided under such subpart for
fiscal year 1994; and
``(ii) may use those funds 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 subsection (f)(1)(A) and funds provided under
paragraph (1) of this subsection, an amount for each such
child, aged 3 through 21 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.
``(B) The number of children counted under subparagraph
(A)(i)(I) shall not exceed the number of children aged 3
through 21 for whom the agency received fiscal year 1994
funds under subpart 2 of part D of chapter 1 of title I of
the Elementary and Secondary Education Act of 1965.
``(4) Reallocation of funds.--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 the funds under this part that are
not needed by that local agency to provide a free appropriate
public education 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.
``(h) Definitions.--For the purpose of this section--
``(1) the term `average per-pupil expenditure in public
elementary and secondary schools in the United States'
means--
``(A) without regard to the source of funds--
``(i) the aggregate current expenditures, during the second
fiscal year preceding the fiscal year for which the
determination is made (or, if satisfactory data for that year
are not available, during the most recent preceding fiscal
year for which satisfactory data are available) of all local
educational agencies in the 50 States and the District of
Columbia); plus
``(ii) any direct expenditures by the State for the
operation of those agencies; divided by
``(B) the aggregate number of children in average daily
attendance to whom those agencies provided free public
education during that preceding year; and
``(2) the term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
``(i) 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
[[Page H2504]]
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 (c) for
that fiscal year.
``(B) Calculation of number of children.--In the case of
Indian students aged 3 to 5, inclusive, who are enrolled in
programs affiliated with the 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 through 5.--
``(A) In general.--With funds appropriated under subsection
(j), 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 through 5 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 (c).
``(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 through 5 residing on reservations as
reported annually, divided by the total of those 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 through 5, parent training, and the
provision of direct services. These 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 the plan, the Secretary
of the Interior shall consult with all interested and
involved parties. It shall be based on 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.
The plan shall also be distributed upon request to States,
State and local educational agencies, and other agencies
providing services to infants, toddlers, and children with
disabilities, to tribes, and to other interested parties.
``(5) Establishment of advisory board.--To meet the
requirements of section 612(a)(21), the Secretary of the
Interior shall establish, not later than 6 months after the
date of the enactment of the Individuals with Disabilities
Education Act Amendments of 1997, under the 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 under section 641 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 the BIA
and with other local, State, and Federal agencies in the
provision of education for infants, toddlers, and children
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, and children 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).
``(j) Authorization of Appropriations.--For the purpose of
carrying out this part, other than section 619, there are
authorized to be appropriated such sums as may be necessary.
``SEC. 612. STATE ELIGIBILITY.
``(a) In General.--A State is eligible for assistance under
this part for a fiscal year if the State 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 conditions:
``(1) Free appropriate public education.--
[[Page H2505]]
``(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, including
children with disabilities who have been suspended or
expelled from school.
``(B) Limitation.--The obligation to make a free
appropriate public education available to all children with
disabilities does not apply with respect to children:
``(i) aged 3 through 5 and 18 through 21 in a State to the
extent that its application to those children would be
inconsistent with State law or practice, or the order of any
court, respecting the provision of public education to
children in those age ranges; and
``(ii) aged 18 through 21 to the extent that State law does
not require that special education and related services under
this part be provided to children with disabilities who, in
the educational placement prior to their incarceration in an
adult correctional facility:
``(I) were not actually identified as being a child with a
disability under section 602(3) of this Act; or
``(II) did not have an Individualized Education Program
under this part.
``(2) Full educational opportunity goal.--The State has
established a goal of providing full educational opportunity
to all children with disabilities and a detailed timetable
for accomplishing that goal.
``(3) Child find.--
``(A) In general.--All children with disabilities residing
in the State, including children with disabilities attending
private schools, regardless of the severity of their
disabilities, and who are in need of special education and
related services, are identified, located, and evaluated and
a practical method is developed and implemented to determine
which children with disabilities are currently receiving
needed special education and related services.
``(B) Construction.--Nothing in this Act requires that
children be classified by their disability so long as each
child who has a disability listed in section 602 and who, by
reason of that disability, needs special education and
related services is regarded as a child with a disability
under this part.
``(4) 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).
``(5) Least restrictive environment.--
``(A) In general.--To the maximum extent appropriate,
children with disabilities, including children in public or
private institutions or other care facilities, are educated
with children who are not disabled, and 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
is such that education in regular classes with the use of
supplementary aids and services cannot be achieved
satisfactorily.
``(B) Additional requirement.--
``(i) In general.--If the State uses a funding mechanism by
which the State distributes State funds on the basis of the
type of setting in which a child is served, the funding
mechanism does not result in placements that violate the
requirements of subparagraph (A).
``(ii) Assurance.--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.
``(6) 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
ensure 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.
``(7) Evaluation.--Children with disabilities are evaluated
in accordance with subsections (a) through (c) of section
614.
``(8) Confidentiality.--Agencies in the State comply with
section 617(c) (relating to the confidentiality of records
and information).
``(9) 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 and
effective transition to those preschool programs in a manner
consistent with section 637(a)(8). By the third birthday of
such a child, an individualized education program or, if
consistent with sections 614(d)(2)(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 arranged
by the designated lead agency under section 637(a)(8).
``(10) Children in private schools.--
``(A) Children enrolled in private schools by their
parents.--
``(i) In general.--To the extent consistent with the number
and location of children with disabilities in the State who
are enrolled by their parents in private elementary and
secondary schools, provision is made for the participation of
those children in the program assisted or carried out under
this part by providing for such children special education
and related services in accordance with the following
requirements, unless the Secretary has arranged for services
to those children under subsection (f):
``(I) Amounts expended for the provision of those services
by a local educational agency shall be equal to a
proportionate amount of Federal funds made available under
this part.
``(II) Such services may be provided to children with
disabilities on the premises of private, including parochial,
schools, to the extent consistent with law.
``(ii) Child-find requirement.--The requirements of
paragraph (3) of this subsection (relating to child find)
shall apply with respect to children with disabilities in the
State who are enrolled in private, including parochial,
elementary and secondary schools.
``(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 such
children are placed in, or referred to, such schools or
facilities by the State or appropriate local educational
agency as the means of carrying out the requirements of this
part or any other applicable law requiring the provision of
special education and related services to all children with
disabilities within such State.
``(ii) Standards.--In all cases described in clause (i),
the State educational agency shall determine whether such
schools and facilities meet standards that apply to State and
local educational agencies and that children so served have
all the rights they would have if served by such agencies.
``(C) Payment for education of children enrolled in private
schools without consent of or referral by the public
agency.--
``(i) In general.--Subject to subparagraph (A), this part
does not require a local educational agency to pay for the
cost of education, including special education and related
services, of a child with a disability at a private school or
facility if that agency made a free appropriate public
education available to the child and the parents elected to
place the child in such private school or facility.
``(ii) Reimbursement for private school placement.--If the
parents of a child with a disability, who previously received
special education and related services under the authority of
a public agency, enroll the child in a private elementary or
secondary school without the consent of or referral by the
public agency, a court or a hearing officer may require the
agency to reimburse the parents for the cost of that
enrollment if the court or hearing officer finds that the
agency had not made a free appropriate public education
available to the child in a timely manner prior to that
enrollment.
``(iii) Limitation on reimbursement.--The cost of
reimbursement described in clause (ii) may be reduced or
denied--
``(I) if--
``(aa) at the most recent IEP meeting that the parents
attended prior to removal of the child from the public
school, the parents did not inform the IEP team that they
were rejecting the placement proposed by the public agency to
provide a free appropriate public education to their child,
including stating their concerns and their intent to enroll
their child in a private school at public expense; or
``(bb) 10 business days (including any holidays that occur
on a business day) prior to the removal of the child from the
public school, the parents did not give written notice to the
public agency of the information described in division (aa);
``(II) if, prior to the parents' removal of the child from
the public school, the public agency informed the parents,
through the notice requirements described in section
615(b)(7), of its intent to evaluate the child (including a
statement of the purpose of the evaluation that was
appropriate and reasonable), but the parents did not make the
child available for such evaluation; or
``(III) upon a judicial finding of unreasonableness with
respect to actions taken by the parents.
``(iv) Exception.--Notwithstanding the notice requirement
in clause (iii)(I), the cost of reimbursement may not be
reduced or denied for failure to provide such notice if--
``(I) the parent is illiterate and cannot write in English;
``(II) compliance with clause (iii)(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 parents had not received notice, pursuant to
section 615, of the notice requirement in clause (iii)(I).
``(11) 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
[[Page H2506]]
``(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.
``(C) Exception.--Notwithstanding subparagraphs (A) and
(B), the Governor (or another individual pursuant to State
law), consistent with State law, may assign to any public
agency in the State the responsibility of ensuring that the
requirements of this part are met with respect to children
with disabilities who are convicted as adults under State law
and incarcerated in adult prisons.
``(12) 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 State
educational agency, 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 educational
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
educational 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(22) relating to related services, 602(29) relating to
supplementary aids and services, and 602(30) 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 responsible for developing the child's IEP)
shall provide or pay for such services to the child. Such
local educational 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 educational agency or State
agency pursuant to the terms of the interagency agreement or
other mechanism 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 written methods as determined by
the Chief Executive Officer of the State or designee of the
officer.
``(13) 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.
``(14) Comprehensive system of personnel development.--The
State has in effect, consistent with the purposes of this Act
and with section 635(a)(8), a comprehensive system of
personnel development that is designed to ensure an adequate
supply of qualified special education, regular education, and
related services personnel that meets the requirements for a
State improvement plan relating to personnel development in
subsections (b)(2)(B) and (c)(3)(D) of section 653.
``(15) 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) Policy.--In implementing this paragraph, a State may
adopt a policy that includes a requirement that local
educational agencies in the State make an ongoing good-faith
effort to recruit and hire appropriately and adequately
trained personnel to provide special education and related
services to children with disabilities, including, in a
geographic area of the State where there is a shortage of
such personnel, the most qualified individuals available who
are making satisfactory progress toward completing applicable
course work necessary to meet the standards described in
subparagraph (B)(i), consistent with State law, and the steps
described in subparagraph (B)(ii) within three years.
``(16) Performance goals and indicators.--The State--
``(A) has established goals for the performance of children
with disabilities in the State that--
``(i) will promote the purposes of this Act, as stated in
section 601(d); and
``(ii) are consistent, to the maximum extent appropriate,
with other goals and standards for children 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 subpart 1 of part D as may
be needed to improve its performance, if the State receives
assistance under that subpart.
``(17) 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, 2000,
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)(I) The performance of those children on regular
assessments (beginning not later than July 1, 1998) and on
alternate assessments (not later than July 1, 2000), if doing
so would be statistically sound and would not result in the
disclosure of performance results identifiable to individual
children.
``(II) Data relating to the performance of children
described under subclause (I) shall be disaggregated--
``(aa) for assessments conducted after July 1, 1998; and
``(bb) for assessments conducted before July 1, 1998, if
the State is required to disaggregate such data prior to July
1, 1998.
``(18) Supplementation of state, local, and other Federal
funds.--
``(A) Expenditures.--Funds paid to a State under this part
will be expended in accordance with all the provisions of
this part.
[[Page H2507]]
``(B) Prohibition against commingling.--Funds paid to a
State under this part will not be commingled with State
funds.
``(C) Prohibition against supplantation and conditions for
waiver by Secretary.--Except as provided in section 613,
funds paid to a State under this part will be used to
supplement the level of Federal, State, and local funds
(including funds that are not under the direct control of
State or local educational agencies) expended for special
education and related services provided to children with
disabilities under this part and in no case to supplant such
Federal, State, and local funds, except that, where the State
provides clear and convincing evidence that all children with
disabilities have available to them a free appropriate public
education, the Secretary may waive, in whole or in part, the
requirements of this subparagraph if the Secretary concurs
with the evidence provided by the State.
``(19) Maintenance of state financial support.--
``(A) In general.--The State does not reduce the amount of
State financial support for special education and related
services for children with disabilities, or otherwise made
available because of the excess costs of educating those
children, below the amount of that support for the preceding
fiscal year.
``(B) Reduction of funds for failure to maintain support.--
The Secretary shall reduce the allocation of funds under
section 611 for any fiscal year following the fiscal year in
which the State fails to comply with the requirement of
subparagraph (A) by the same amount by which the State fails
to meet the requirement.
``(C) Waivers for exceptional or uncontrollable
circumstances.--The Secretary may waive the requirement of
subparagraph (A) for a State, for one fiscal year at a time,
if the Secretary determines that--
``(i) granting a waiver would be equitable due to
exceptional or uncontrollable circumstances such as a natural
disaster or a precipitous and unforeseen decline in the
financial resources of the State; or
``(ii) the State meets the standard in paragraph (18)(C) of
this section for a waiver of the requirement to supplement,
and not to supplant, funds received under this part.
``(D) Subsequent years.--If, for any year, a State fails to
meet the requirement of subparagraph (A), including any year
for which the State is granted a waiver under subparagraph
(C), the financial support required of the State in future
years under subparagraph (A) shall be the amount that would
have been required in the absence of that failure and not the
reduced level of the State's support.
``(E) Regulations.--
``(i) The Secretary shall, by regulation, establish
procedures (including objective criteria and consideration of
the results of compliance reviews of the State conducted by
the Secretary) for determining whether to grant a waiver
under subparagraph (C)(ii).
``(ii) The Secretary shall publish proposed regulations
under clause (i) not later than 6 months after the date of
the enactment of the Individuals with Disabilities Education
Act Amendments of 1997, and shall issue final regulations
under clause (i) not later than 1 year after such date of
enactment.
``(20) 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.
``(21) 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) representatives of private schools and public
charter schools;
``(ix) at least one representative of a vocational,
community, or business organization concerned with the
provision of transition services to children with
disabilities; and
``(x) 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 the education of children
with disabilities;
``(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.
``(22) Suspension and expulsion rates.--
``(A) In general.--The State educational agency examines
data to determine if significant discrepancies are occurring
in the rate of long-term suspensions and expulsions of
children with disabilities--
``(i) among local educational agencies in the State; or
``(ii) compared to such rates for nondisabled children
within such agencies.
``(B) Review and revision of policies.--If such
discrepancies are occurring, the State educational agency
reviews and, if appropriate, revises (or requires the
affected State or local educational agency to revise) its
policies, procedures, and practices relating to the
development and implementation of IEPs, the use of behavioral
interventions, and procedural safeguards, to ensure that such
policies, procedures, and practices comply with this Act.
``(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 effective date of the Individuals with
Disabilities Education Act Amendments of 1997, 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.--If, after
the effective date of the Individuals with Disabilities
Education Act Amendments of 1997, the provisions of this Act
are amended (or the regulations developed to carry out this
Act are amended), or there is a new interpretation of this
Act by a Federal court or a State's highest court, or there
is an official finding of noncompliance with Federal law or
regulations, the Secretary may require a State to modify its
application only to the extent necessary to ensure the
State's compliance with this part.
``(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 in 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)(10)(A), 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.
[[Page H2508]]
``(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)(10)(A).
``(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 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 ELIGIBILITY.
``(a) In General.--A local educational agency is eligible
for assistance under this part for a fiscal year if such
agency demonstrates to the satisfaction of the State
educational agency that it meets each of the following
conditions:
``(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 shall be expended in
accordance with the applicable provisions of this part and--
``(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; and
``(iii) shall not be used, except as provided in
subparagraphs (B) and (C), to reduce the level of
expenditures for the education of children with disabilities
made by the local educational agency from local funds below
the level of those expenditures for the preceding fiscal
year.
``(B) Exception.--Notwithstanding the restriction in
subparagraph (A)(iii), a local educational agency may reduce
the level of expenditures where such reduction is
attributable to--
``(i) the voluntary departure, by retirement or otherwise,
or departure for just cause, 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.
``(C) Treatment of federal funds in certain fiscal years.--
``(i) Notwithstanding clauses (ii) and (iii) of
subparagraph (A), for any fiscal year for which amounts
appropriated to carry out section 611 exceeds $4,100,000,000,
a local educational agency may treat as local funds, for the
purpose of such clauses, up to 20 percent of the amount of
funds it receives under this part that exceeds the amount it
received under this part for the previous fiscal year.
``(ii) Notwithstanding clause (i), if a State educational
agency determines that a local educational agency is not
meeting the requirements of this part, the State educational
agency may prohibit the local educational agency from
treating funds received under this part as local funds under
clause (i) for any fiscal year, only if it is authorized to
do so by the State constitution or a State statute.
``(D) Schoolwide programs under title i of the esea.--
Notwithstanding subparagraph (A) or any other provision of
this part, a local educational agency may use funds received
under this part for any fiscal year to carry out a schoolwide
program under section 1114 of the Elementary and Secondary
Education Act of 1965, except that the amount so used in any
such program shall not exceed--
``(i) the number of children with disabilities
participating in the schoolwide program; multiplied by
``(ii)(I) the amount received by the local educational
agency under this part for that fiscal year; divided by
``(II) the number of children with disabilities in the
jurisdiction of that agency.
``(3) Personnel development.--The local educational
agency--
``(A) shall ensure that all personnel necessary to carry
out this part are appropriately and adequately prepared,
consistent with the requirements of section 653(c)(3)(D); and
``(B) to the extent such agency determines appropriate,
shall contribute to and use the comprehensive system of
personnel development of the State established under section
612(a)(14).
``(4) Permissive use of funds.--Notwithstanding paragraph
(2)(A) or section 612(a)(18)(B) (relating to commingled
funds), funds provided to the local educational agency under
this part may be used for the following activities:
``(A) Services and aids that also benefit nondisabled
children.--For the costs of special education and related
services and supplementary aids and services provided in a
regular class or other education-related setting to a child
with a disability in accordance with the individualized
education program of the child, even if one or more
nondisabled children benefit from such services.
``(B) Integrated and coordinated services system.--To
develop and implement a fully integrated and coordinated
services system in accordance with subsection (f).
``(5) Treatment of charter schools and their students.--In
carrying out this part with respect to charter schools that
are public schools of the local educational agency, the local
educational agency--
``(A) serves children with disabilities attending those
schools in the same manner as it serves children with
disabilities in its other schools; and
``(B) provides funds under this part to those schools in
the same manner as it provides those funds to its other
schools.
``(6) 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 (16) and (17) of section 612(a),
information relating to the performance of children with
disabilities participating in programs carried out under this
part.
``(7) 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
effective date of the Individuals with Disabilities Education
Act Amendments of 1997, 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 it submits to the State educational
agency such modifications as the local educational agency
deems necessary.
``(3) Modifications required by state educational agency.--
If, after the effective date of the Individuals with
Disabilities Education Act Amendments of 1997, the provisions
of this Act are amended (or the regulations developed to
carry out this Act are amended), or there is a new
interpretation of this Act by Federal or State courts, or
there is an official finding of noncompliance with Federal or
State law or regulations, the State educational agency may
require a local educational agency to modify its application
only to the extent necessary to ensure the local educational
agency's compliance with this part or State law.
[[Page H2509]]
``(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 the 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) Joint establishment.--
``(A) 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.
``(B) Charter school exception.--A State educational agency
may not require a charter school that is a local educational
agency to jointly establish its eligibility under
subparagraph (A) unless it is explicitly permitted to do so
under the State's charter school statute.
``(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(g) 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)(5).
``(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 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 that 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 Act; 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) School-Based Improvement Plan.--
``(1) In general.--Each local educational agency may, in
accordance with paragraph (2), use funds made available under
this part to permit a public school within the jurisdiction
of the local educational agency to design, implement, and
evaluate a school-based improvement plan that is consistent
with the purposes described in section 651(b) and that is
designed to improve educational and transitional results for
all children with disabilities and, as appropriate, for other
children consistent with subparagraphs (A) and (B) of
subsection (a)(4) in that public school.
``(2) Authority.--
``(A) In general.--A State educational agency may grant
authority to a local educational agency to permit a public
school described in paragraph (1) (through a school-based
standing panel established under paragraph (4)(B)) to design,
implement, and evaluate a school-based improvement plan
described in paragraph (1) for a period not to exceed 3
years.
``(B) Responsibility of local educational agency.--If a
State educational agency grants the authority described in
subparagraph (A), a local educational agency that is granted
such authority shall have the sole responsibility of
oversight of all activities relating to the design,
implementation, and evaluation of any school-based
improvement plan that a public school is permitted to design
under this subsection.
``(3) Plan requirements.--A school-based improvement plan
described in paragraph (1) shall--
``(A) be designed to be consistent with the purposes
described in section 651(b) and to improve educational and
transitional results for all children with disabilities and,
as appropriate, for other children consistent with
subparagraphs (A) and (B) of subsection (a)(4), who attend
the school for which the plan is designed and implemented;
``(B) be designed, evaluated, and, as appropriate,
implemented by a school-based standing panel established in
accordance with paragraph (4)(B);
``(C) include goals and measurable indicators to assess the
progress of the public school in meeting such goals; and
``(D) ensure that all children with disabilities receive
the services described in the individualized education
programs of such children.
``(4) Responsibilities of the local educational agency.--A
local educational agency that is granted authority under
paragraph (2) to permit a public school to design, implement,
and evaluate a school-based improvement plan shall--
``(A) select each school under the jurisdiction of such
agency that is eligible to design, implement, and evaluate
such a plan;
``(B) require each school selected under subparagraph (A),
in accordance with criteria established by such local
educational agency under subparagraph (C), to establish a
school-based standing panel to carry out the duties described
in paragraph (3)(B);
``(C) establish--
``(i) criteria that shall be used by such local educational
agency in the selection of an eligible school under
subparagraph (A);
``(ii) criteria that shall be used by a public school
selected under subparagraph (A) in the establishment of a
school-based standing panel to carry out the duties described
in paragraph (3)(B) and that shall ensure that the membership
of such panel reflects the diversity of the community in
which the public school is located and includes, at a
minimum--
``(I) parents of children with disabilities who attend such
public school, including parents of children with
disabilities from unserved and underserved populations, as
appropriate;
``(II) special education and general education teachers of
such public school;
``(III) special education and general education
administrators, or the designee of such administrators, of
such public school; and
``(IV) related services providers who are responsible for
providing services to the children with disabilities who
attend such public school; and
``(iii) criteria that shall be used by such local
educational agency with respect to the distribution of funds
under this part to carry out this subsection;
``(D) disseminate the criteria established under
subparagraph (C) to local school district personnel and local
parent organizations within the jurisdiction of such local
educational agency;
``(E) require a public school that desires to design,
implement, and evaluate a school-based improvement plan to
submit an application at such time, in such manner, and
accompanied by such information as such local educational
agency shall reasonably require; and
``(F) establish procedures for approval by such local
educational agency of a school-
[[Page H2510]]
based improvement plan designed under this subsection.
``(5) Limitation.--A school-based improvement plan
described in paragraph (1) may be submitted to a local
educational agency for approval only if a consensus with
respect to any matter relating to the design, implementation,
or evaluation of the goals of such plan is reached by the
school-based standing panel that designed such plan.
``(6) Additional requirements.--
``(A) Parental involvement.--In carrying out the
requirements of this subsection, a local educational agency
shall ensure that the parents of children with disabilities
are involved in the design, evaluation, and, where
appropriate, implementation of school-based improvement plans
in accordance with this subsection.
``(B) Plan approval.--A local educational agency may
approve a school-based improvement plan of a public school
within the jurisdiction of such agency for a period of 3
years, if--
``(i) the approval is consistent with the policies,
procedures, and practices established by such local
educational agency and in accordance with this subsection;
and
``(ii) a majority of parents of children who are members of
the school-based standing panel, and a majority of other
members of the school-based standing panel, that designed
such plan agree in writing to such plan.
``(7) Extension of plan.--If a public school within the
jurisdiction of a local educational agency meets the
applicable requirements and criteria described in paragraphs
(3) and (4) at the expiration of the 3-year approval period
described in paragraph (6)(B), such agency may approve a
school-based improvement plan of such school for an
additional 3-year period.
``(h) 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.
``(i) State Agency Eligibility.--Any State agency that
desires to receive a subgrant for any fiscal year under
section 611(g) 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.
``(j) Disciplinary Information.--The State may require that
a local educational agency include in the records of a child
with a disability a statement of any current or previous
disciplinary action that has been taken against the child and
transmit such statement to the same extent that such
disciplinary information is included in, and transmitted
with, the student records of nondisabled children. The
statement may include a description of any behavior engaged
in by the child that required disciplinary action, a
description of the disciplinary action taken, and any other
information that is relevant to the safety of the child and
other individuals involved with the child. If the State
adopts such a policy, and the child transfers from one school
to another, the transmission of any of the child's records
must include both the child's current individualized
education program and any such statement of current or
previous disciplinary action that has been taken against the
child.
``SEC. 614. EVALUATIONS, ELIGIBILITY DETERMINATIONS,
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 a full and
individual 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, except to the extent
inconsistent with State law relating to parental consent.
``(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 trained and knowledgeable
personnel; and
``(iii) are administered in accordance with any
instructions provided by the producer of such tests;
``(C) the child is assessed in all areas of suspected
disability; and
``(D) assessment tools and strategies that provide relevant
information that directly assists persons in determining the
educational needs of the child are provided.
``(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) shall 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 if the determinant factor for such determination
is lack of instruction in reading or math or limited English
proficiency.
``(c) Additional Requirements For Evaluation and
Reevaluations.--
``(1) Review of existing evaluation data.--As part of an
initial evaluation (if appropriate) and as part of any
reevaluation under this section, the IEP Team described in
subsection (d)(1)(B) and other qualified professionals, as
appropriate, shall--
``(A) review existing evaluation data on the child,
including evaluations and information provided by the parents
of the child, current classroom-based assessments and
observations, 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 has a particular category of
disability, as described in section 602(3), or, in case of a
reevaluation of a child, whether the child continues to have
such a disability;
``(ii) the present levels of performance and educational
needs of the child;
[[Page H2511]]
``(iii) whether the child needs special education and
related services, or in the case of a reevaluation of a
child, whether the child continues to need special education
and related services; and
``(iv) whether any additions or modifications to the
special education and related services are needed to enable
the child to meet the measurable annual goals set out in the
individualized education program of the child and to
participate, as appropriate, in the general curriculum.
``(2) Source of data.--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) Parental consent.--Each local educational agency
shall obtain informed parental consent, in accordance with
subsection (a)(1)(C), prior to conducting any reevaluation of
a child with a disability, except that such informed parent
consent need not be obtained if the local educational agency
can demonstrate that it had taken reasonable measures to
obtain such consent and the child's parent has failed to
respond.
``(4) Requirements if additional data are not needed.--If
the IEP Team and other qualified professionals, as
appropriate, determine 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.
``(5) Evaluations before change in eligibility.--A local
educational agency shall evaluate a child with a disability
in accordance with this section before determining that the
child is no longer a child with a disability.
``(d) Individualized Education Programs.--
``(1) Definitions.--As used in this title:
``(A) 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 this section and
that includes--
``(i) 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;
``(ii) 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;
``(iii) 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 a statement of
the program modifications or supports for school personnel
that will be provided for the child--
``(I) to advance appropriately toward attaining the annual
goals;
``(II) to be involved and progress in the general
curriculum in accordance with clause (i) and to participate
in extracurricular and other nonacademic activities; and
``(III) to be educated and participate with other children
with disabilities and nondisabled children in the activities
described in this paragraph;
``(iv) an explanation of the extent, if any, to which the
child will not participate with nondisabled children in the
regular class and in the activities described in clause
(iii);
``(v)(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 IEP 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--
``(aa) why that assessment is not appropriate for the
child; and
``(bb) how the child will be assessed;
``(vi) the projected date for the beginning of the services
and modifications described in clause (iii), and the
anticipated frequency, location, and duration of those
services and modifications;
``(vii)(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
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
``(viii) a statement of--
``(I) how the child's progress toward the annual goals
described in clause (ii) 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--
``(aa) their child's progress toward the annual goals
described in clause (ii); and
``(bb) the extent to which that progress is sufficient to
enable the child to achieve the goals by the end of the year.
``(B) Individualized education program team.--The term
`individualized education program team' or `IEP Team' means a
group of individuals composed of--
``(i) the parents of a child with a disability;
``(ii) at least one regular education teacher of such child
(if the child is, or may be, participating in the regular
education environment);
``(iii) at least one special education teacher, or where
appropriate, at least one special education provider of such
child;
``(iv) 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;
``(v) an individual who can interpret the instructional
implications of evaluation results, who may be a member of
the team described in clauses (ii) through (vi);
``(vi) at the discretion of the parent or the agency, other
individuals who have knowledge or special expertise regarding
the child, including related services personnel as
appropriate; and
``(vii) whenever appropriate, the child with a disability.
``(2) Requirement that program be in effect.--
``(A) In general.--At the beginning of each school year,
each local educational agency, State educational agency, or
other State 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 paragraph
(1)(A).
``(B) Program for child aged 3 through 5.--In the case of a
child with a disability aged 3 through 5 (or, at the
discretion of the State educational agency, a 2 year-old
child with a disability who will turn age 3 during the school
year), 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.
``(3) Development of iep.--
``(A) In general.--In developing each child's IEP, the IEP
Team, subject to subparagraph (C), shall consider--
``(i) the strengths of the child and the concerns of the
parents for enhancing the education of their child; and
``(ii) the results of the initial evaluation or most recent
evaluation of the child.
``(B) Consideration of special factors.--The IEP Team
shall--
``(i) in the case of a child whose behavior impedes his or
her learning or that of others, consider, when appropriate,
strategies, including positive behavioral interventions,
strategies, and supports to address that behavior;
``(ii) 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;
``(iii) in the case of a child who is blind or visually
impaired, provide for instruction in Braille and the use of
Braille unless the IEP Team determines, 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), that instruction in Braille
or the use of Braille is not appropriate for the child;
``(iv) consider the communication needs of the child, and
in the case of a child who is deaf or hard of hearing,
consider the child's language and communication needs,
opportunities for direct communications with peers and
professional personnel in the child's language and
communication mode, academic level, and full range of needs,
including opportunities for direct instruction in the child's
language and communication mode; and
``(v) consider whether the child requires assistive
technology devices and services.
``(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 development of the IEP of the child,
including the determination of appropriate positive
behavioral interventions and strategies and the determination
of supplementary aids and services, program modifications,
and support for school personnel consistent with paragraph
(1)(A)(iii).
[[Page H2512]]
``(4) Review and revision of iep.--
``(A) In general.--The local educational agency shall
ensure that, subject to subparagraph (B), the IEP Team--
``(i) reviews the child's IEP periodically, but not less
than annually to determine whether the annual goals for the
child are being achieved; and
``(ii) revises the IEP as appropriate 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 subsection (c)(1)(B);
``(IV) the child's anticipated needs; or
``(V) other matters.
``(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 review and revision of the IEP of the
child.
``(5) 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 paragraph (1)(A)(vii), 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.
``(6) Children with disabilities in adult prisons.--
``(A) In general.--The following requirements do not apply
to children with disabilities who are convicted as adults
under State law and incarcerated in adult prisons:
``(i) The requirements contained in section 612(a)(17) and
paragraph (1)(A)(v) of this subsection (relating to
participation of children with disabilities in general
assessments).
``(ii) The requirements of subclauses (I) and (II) of
paragraph (1)(A)(vii) of this subsection (relating to
transition planning and transition services), do not apply
with respect to such children whose eligibility under this
part will end, because of their age, before they will be
released from prison.
``(B) Additional requirement.--If a child with a disability
is convicted as an adult under State law and incarcerated in
an adult prison, the child's IEP Team may modify the child's
IEP or placement notwithstanding the requirements of sections
612(a)(5)(A) and 614(d)(1)(A) if the State has demonstrated a
bona fide security or compelling penological interest that
cannot otherwise be accommodated.
``(e) Construction.--Nothing in this section shall be
construed to require the IEP Team to include information
under one component of a child's IEP that is already
contained under another component of such IEP.
``(f) 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, State agency, or local educational agency that
receives assistance under this part shall establish and
maintain procedures in accordance with this section to ensure
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 ensure 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 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) a proposed resolution of the problem to the extent
known and available to the parents at the time; 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;
``(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;
``(6) a statement that the parents of a child with a
disability have protection under the procedural safeguards of
this part 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; and
``(7) sources for parents to contact to obtain assistance
in understanding the provisions of this part.
``(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 it
clearly is 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) attorneys' 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 any matter described
in subsection (b)(6) to resolve such disputes through a
mediation process which, at a minimum, shall be available
whenever a hearing is requested under subsection (f) or (k).
``(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 parties;
``(ii) is not used to deny or delay a parent's right to a
due process hearing under subsection (f), or to deny any
other rights afforded under this part; and
``(iii) is conducted by a qualified and impartial mediator
who is trained in effective mediation techniques.
``(B) A local educational agency or a State agency may
establish procedures to require parents who choose not to use
the mediation process to meet, at a time and location
convenient to the parents, with a disinterested party who is
under contract with--
``(i) a parent training and information center or community
parent resource center in the State established under section
682 or 683; or
``(ii) an appropriate alternative dispute resolution
entity;
to encourage the use, and explain the benefits, of the
mediation process to the parents.
``(C) 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.
``(D) The State shall bear the cost of the mediation
process, including the costs of meetings described in
subparagraph (B).
[[Page H2513]]
``(E) 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.
``(F) An agreement reached by the parties to the dispute in
the mediation process shall be set forth in a written
mediation agreement.
``(G) 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.
``(f) Impartial Due Process Hearing.--
``(1) In general.--Whenever a complaint has been received
under 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 5 business days prior to a
hearing conducted pursuant to paragraph (1), each party shall
disclose to all other parties all evaluations completed by
that date and recommendations based on the offering party's
evaluations that the party intends to use at the hearing.
``(B) Failure to disclose.--A hearing officer may bar any
party that fails to comply with subparagraph (A) from
introducing the relevant evaluation or recommendation at the
hearing without the consent of the other party.
``(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.
``(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 (k), 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)(21)).
``(i) Administrative Procedures.--
``(1) In general.--
``(A) Decision made in hearing.--A decision made in a
hearing conducted pursuant to subsection (f) or (k) 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.
``(B) Decision made at appeal.--A decision made under
subsection (g) shall be final, except that any party may
bring an action under 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) or (k) 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 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
section 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;
``(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 an administrative proceeding or judicial action,
or, at the discretion of the State, for a mediation described
in subsection (e) that is conducted prior to the filing of a
complaint under subsection (b)(6) or (k) of this section.
``(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, reputation, and experience;
``(iii) the time spent and legal services furnished were
excessive considering the nature of the action or proceeding;
or
``(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);
the court shall reduce, accordingly, the amount of the
attorneys' fees awarded under this section.
``(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)(7), 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.--
``(A) School personnel under this section may order a
change in the placement of a child with a disability--
``(i) 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
``(ii) 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 45 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; or
``(II) the child knowingly possesses or uses illegal drugs
or sells or solicits the sale of a controlled substance while
at school or a school function under the jurisdiction of a
State or local educational agency.
``(B) Either before or not later than 10 days after taking
a disciplinary action described in subparagraph (A)--
``(i) if the local educational agency did not conduct a
functional behavioral assessment and implement a behavioral
intervention plan for such child before the behavior that
resulted in the suspension described in subparagraph (A), the
agency shall convene an IEP meeting to develop an assessment
plan to address that behavior; or
``(ii) if the child already has a behavioral intervention
plan, the IEP Team shall review the plan and modify it, as
necessary, to address the behavior.
``(2) Authority of hearing officer.--A hearing officer
under this section may order a change in the placement of a
child with a disability to an appropriate interim alternative
educational setting for not more than 45 days if the hearing
officer--
``(A) determines that the public agency has demonstrated by
substantial evidence that maintaining the current placement
of such child is substantially likely to result in injury to
the child or to others;
[[Page H2514]]
``(B) considers the appropriateness of the child's current
placement;
``(C) considers whether the public agency has made
reasonable efforts to minimize the risk of harm in the
child's current placement, including the use of supplementary
aids and services; and
``(D) determines that the interim alternative educational
setting meets the requirements of paragraph (3)(B).
``(3) Determination of setting.--
``(A) In general.--The alternative educational setting
described in paragraph (1)(A)(ii) shall be determined by the
IEP Team.
``(B) Additional requirements.--Any interim alternative
educational setting in which a child is placed under
paragraph (1) or (2) shall--
``(i) be selected so as to enable the child to continue to
participate in the general curriculum, although in another
setting, and to continue to receive those services and
modifications, including those described in the child's
current IEP, that will enable the child to meet the goals set
out in that IEP; and
``(ii) include services and modifications designed to
address the behavior described in paragraph (1) or paragraph
(2) so that it does not recur.
``(4) Manifestation determination review.--
``(A) In general.--If a disciplinary action is contemplated
as described in paragraph (1) or paragraph (2) for a behavior
of a child with a disability described in either of those
paragraphs, or if a disciplinary action involving a change of
placement for more than 10 days is contemplated for a child
with a disability who has engaged in other behavior that
violated any rule or code of conduct of the local educational
agency that applies to all children--
``(i) not later than the date on which the decision to take
that action is made, the parents shall be notified of that
decision and of all procedural safeguards accorded under this
section; and
``(ii) immediately, if possible, but in no case later than
10 school days after the date on which the decision to take
that action is made, a review shall be conducted of the
relationship between the child's disability and the behavior
subject to the disciplinary action.
``(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.--In carrying out a review
described in subparagraph (A), 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--
``(i) first considers, in terms of the behavior subject to
disciplinary action, all relevant information, including--
``(I) evaluation and diagnostic results, including such
results or other relevant information supplied by the parents
of the child;
``(II) observations of the child; and
``(III) the child's IEP and placement; and
``(ii) then determines that--
``(I) in relationship to the behavior subject to
disciplinary action, the child's IEP and placement were
appropriate and the special education services, supplementary
aids and services, and behavior intervention strategies were
provided consistent with the child's IEP and placement;
``(II) the child's disability did not impair the ability of
the child to understand the impact and consequences of the
behavior subject to disciplinary action; and
``(III) the child's disability did not impair the ability
of the child to control the behavior subject to disciplinary
action.
``(5) Determination that behavior was not manifestation of
disability.--
``(A) In general.--If the result of the review described in
paragraph (4) is a determination, consistent with paragraph
(4)(C), that the behavior of the child with a disability was
not a manifestation of the child's disability, the relevant
disciplinary procedures applicable to children without
disabilities may be applied to the child in the same manner
in which they would be applied to children without
disabilities, except as provided in section 612(a)(1).
``(B) Additional requirement.--If the public agency
initiates disciplinary procedures applicable to all children,
the agency shall ensure that the special education and
disciplinary records of the child with a disability are
transmitted for consideration by the person or persons making
the final determination regarding the disciplinary action.
``(6) Parent appeal.--
``(A) In general.--
``(i) If the child's parent disagrees with a determination
that the child's behavior was not a manifestation of the
child's disability or with any decision regarding placement,
the parent may request a hearing.
``(ii) The State or local educational agency shall arrange
for an expedited hearing in any case described in this
subsection when requested by a parent.
``(B) Review of decision.--
``(i) In reviewing a decision with respect to the
manifestation determination, the hearing officer shall
determine whether the public agency has demonstrated that the
child's behavior was not a manifestation of such child's
disability consistent with the requirements of paragraph
(4)(C).
``(ii) In reviewing a decision under paragraph (1)(A)(ii)
to place the child in an interim alternative educational
setting, the hearing officer shall apply the standards set
out in paragraph (2).
``(7) Placement during appeals.--
``(A) In general.--When a parent requests a hearing
regarding a disciplinary action described in paragraph
(1)(A)(ii) or paragraph (2) to challenge the interim
alternative educational setting or the manifestation
determination, the child shall remain in the interim
alternative educational setting pending the decision of the
hearing officer or until the expiration of the time period
provided for in paragraph (1)(A)(ii) or paragraph (2),
whichever occurs first, unless the parent and the State or
local educational agency agree otherwise.
``(B) Current placement.--If a child is placed in an
interim alternative educational setting pursuant to paragraph
(1)(A)(ii) or paragraph (2) and school personnel propose to
change the child's placement after expiration of the interim
alternative placement, during the pendency of any proceeding
to challenge the proposed change in placement, the child
shall remain in the current placement (the child's placement
prior to the interim alternative educational setting), except
as provided in subparagraph (C).
``(C) Expedited hearing.--
``(i) If school personnel maintain that it is dangerous for
the child to be in the current placement (placement prior to
removal to the interim alternative education setting) during
the pendency of the due process proceedings, the local
educational agency may request an expedited hearing.
``(ii) In determining whether the child may be placed in
the alternative educational setting or in another appropriate
placement ordered by the hearing officer, the hearing officer
shall apply the standards set out in paragraph (2).
``(8) Protections for children not yet eligible for special
education and related services.--
``(A) 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 paragraph) that the child was a child with a
disability before the behavior that precipitated the
disciplinary action occurred.
``(B) 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 clause) to personnel of the appropriate educational
agency that the child is in need of special education and
related services;
``(ii) the behavior or performance of the child
demonstrates the need for such services;
``(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 or performance of the child to the director of
special education of such agency or to other personnel of the
agency.
``(C) 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 subparagraph (B)) 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 clause (ii).
``(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) or
(2), 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.
``(9) Referral to and action by law enforcement and
judicial authorities.--
``(A) 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.
``(B) An agency reporting a crime committed by a child with
a disability shall ensure that copies of the special
education and disciplinary records of the child are
transmitted for consideration by the appropriate authorities
to whom it reports the crime.
``(10) Definitions.--For purposes of this subsection, the
following definitions apply:
``(A) Controlled substance.--The term `controlled
substance' means a drug or other substance identified under
schedules I, II, III,
[[Page H2515]]
IV, or V in section 202(c) of the Controlled Substances Act
(21 U.S.C. 812(c)).
``(B) Illegal drug.--The term `illegal drug'--
``(i) means a controlled substance; but
``(ii) does not include such a substance that is legally
possessed or used under the supervision of a licensed health-
care professional or that is legally possessed or used under
any other authority under that Act or under any other
provision of Federal law.
``(C) Substantial evidence.--The term `substantial
evidence' means beyond a preponderance of the evidence.
``(D) 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 of 1990, 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, who has not been determined to be incompetent, but who
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 if the parent is not available,
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, including the terms of any agreement to
achieve compliance with this part within the timelines
specified in the agreement;
the Secretary shall, after notifying the State educational
agency, withhold, in whole or in part, any further payments
to the State under this part, or refer the matter for
appropriate enforcement action, which may include referral to
the Department of Justice.
``(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), payments to the
State under this part shall be withheld in whole or in 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.
``(c) Divided State Agency Responsibility.--For purposes of
this section, where responsibility for ensuring that the
requirements of this part are met with respect to children
with disabilities who are convicted as adults under State law
and incarcerated in adult prisons is assigned to a public
agency other than the State educational agency pursuant to
section 612(a)(11)(C), the Secretary, in instances where the
Secretary finds that the failure to comply substantially with
the provisions of this part are related to a failure by the
public agency, shall take appropriate corrective action to
ensure compliance with this part, except--
``(1) any reduction or withholding of payments to the State
is proportionate to the total funds allotted under section
611 to the State as the number of eligible children with
disabilities in adult prisons under the supervision of the
other public agency is proportionate to the number of
eligible individuals with disabilities in the State under the
supervision of the State educational agency; and
``(2) any withholding of funds under paragraph (1) shall be
limited to the specific agency responsible for the failure to
comply with this part.
``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 carry out the Secretary's
duties under subsection (a) and under sections 618, 661, and
673 (or their predecessor authorities through October 1,
1997) 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 each year to the Secretary--
``(1)(A) on--
``(i) the number of children with disabilities, by race,
ethnicity, and disability category, who are receiving a free
appropriate public education;
``(ii) the number of children with disabilities, by race
and ethnicity, who are receiving early intervention services;
``(iii) the number of children with disabilities, by race,
ethnicity, and disability category, who are participating in
regular education;
``(iv) the number of children with disabilities, by race,
ethnicity, and disability category, who are in separate
classes, separate schools or facilities, or public or private
residential facilities;
``(v) the number of children with disabilities, by race,
ethnicity, and disability category, who, for each year of age
from age 14 to 21, stopped receiving special education and
related services because of program completion or other
reasons and the reasons why those children stopped receiving
special education and related services;
``(vi) the number of children with disabilities, by race
and ethnicity, who, from birth through age two, stopped
receiving early intervention services because of program
completion or for other reasons; and
``(vii)(I) the number of children with disabilities, by
race, ethnicity, and disability category, who under
subparagraphs (A)(ii) and (B) of section 615(k)(1), are
removed to an interim alternative educational setting;
[[Page H2516]]
``(II) the acts or items precipitating those removals; and
``(III) the number of children with disabilities who are
subject to long-term suspensions or expulsions; and
``(B) on the number of infants and toddlers, by race and
ethnicity, who are at risk of having substantial
developmental delays (as described in section 632), and who
are receiving early intervention services under part C; and
``(2) on any other information that may be required by the
Secretary.
``(b) Sampling.--The Secretary may permit States and the
Secretary of the Interior to obtain the data described in
subsection (a) through sampling.
``(c) 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 through 5, residing
in the State.
``(c) Allocations to States.--
``(1) In general.--After reserving funds for studies and
evaluations under section 674(e), the Secretary shall
allocate the remaining amount among the States in accordance
with paragraph (2) or (3), as the case may be.
``(2) Increase in funds.--If the amount available for
allocations to States under paragraph (1) is equal to or
greater than the amount allocated to the States under this
section for the preceding fiscal year, those allocations
shall be calculated as follows:
``(A)(i) Except as provided in subparagraph (B), the
Secretary shall--
``(I) allocate to each State the amount it received for
fiscal year 1997;
``(II) allocate 85 percent of any remaining funds to States
on the basis of their relative populations of children aged 3
through 5; and
``(III) allocate 15 percent of those remaining funds to
States on the basis of their relative populations of all
children aged 3 through 5 who are living in poverty.
``(ii) For the purpose of making grants under this
paragraph, the Secretary shall use the most recent population
data, including data on children living in poverty, that are
available and satisfactory to the Secretary.
``(B) Notwithstanding subparagraph (A), allocations under
this paragraph shall be subject to the following:
``(i) No State's allocation shall be less than its
allocation for the preceding fiscal year.
``(ii) No State's allocation shall be less than the
greatest of--
``(I) the sum of--
``(aa) the amount it received for fiscal year 1997; and
``(bb) one third of one percent of the amount by which the
amount appropriated under subsection (j) exceeds the amount
appropriated under this section for fiscal year 1997;
``(II) the sum of--
``(aa) the amount it received for the preceding fiscal
year; and
``(bb) that amount multiplied by the percentage by which
the increase in the funds appropriated from the preceding
fiscal year exceeds 1.5 percent; or
``(III) the sum of--
``(aa) the amount it received for the preceding fiscal
year; and
``(bb) that amount multiplied by 90 percent of the
percentage increase in the amount appropriated from the
preceding fiscal year.
``(iii) Notwithstanding clause (ii), no State's allocation
under this paragraph shall exceed the sum of--
``(I) the amount it received for the preceding fiscal year;
and
``(II) that amount multiplied by the sum of 1.5 percent and
the percentage increase in the amount appropriated.
``(C) If the amount available for allocations under this
paragraph is insufficient to pay those allocations in full,
those allocations shall be ratably reduced, subject to
subparagraph (B)(i).
``(3) Decrease in Funds.--If the amount available for
allocations to States under paragraph (1) is less than the
amount allocated to the States under this section for the
preceding fiscal year, those allocations shall be calculated
as follows:
``(A) If the amount available for allocations is greater
than the amount allocated to the States for fiscal year 1997,
each State shall be allocated the sum of--
``(i) the amount it received for fiscal year 1997; and
``(ii) an amount that bears the same relation to any
remaining funds as the increase the State received for the
preceding fiscal year over fiscal year 1997 bears to the
total of all such increases for all States.
``(B) If the amount available for allocations is equal to
or less than the amount allocated to the States for fiscal
year 1997, each State shall be allocated the amount it
received for that year, ratably reduced, if necessary.
``(4) Outlying areas.--The Secretary shall increase the
fiscal year 1998 allotment of each outlying area under
section 611 by at least the amount that that area received
under this section for fiscal year 1997.
``(d) Reservation for State Activities.--
``(1) In general.--Each State may retain not more than the
amount described in paragraph (2) for administration and
other State-level activities in accordance with subsections
(e) and (f).
``(2) Amount described.--For each fiscal year, the
Secretary shall determine and report to the State educational
agency an amount that is 25 percent of the amount the State
received under this section for fiscal year 1997,
cumulatively adjusted by the Secretary for each succeeding
fiscal year by the lesser of--
``(A) the percentage increase, if any, from the preceding
fiscal year in the State's allocation under this section; or
``(B) the percentage increase, if any, from the preceding
fiscal year in the Consumer Price Index For All Urban
Consumers published by the Bureau of Labor Statistics of the
Department of Labor.
``(e) State Administration.--
``(1) In general.--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)
a State may use not more than 20 percent of the maximum
amount it may retain under subsection (d) for any fiscal
year.
``(2) Administration of part c.--Funds described in
paragraph (1) may also be used for the administration of part
C of this Act, if the State educational agency is the lead
agency for the State under that part.
``(f) Other State-Level Activities.--Each State shall use
any funds it retains under subsection (d) and does not use
for administration under subsection (e)--
``(1) for support services (including establishing and
implementing the mediation process required by section
615(e)), 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 through 5;
``(2) for direct services for children eligible for
services under this section;
``(3) to develop a State improvement plan under subpart 1
of part D;
``(4) for activities at the State and local levels to meet
the performance goals established by the State under section
612(a)(16) and to support implementation of the State
improvement plan under subpart 1 of part D if the State
receives funds under that subpart; 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.
``(g) Subgrants to Local Educational Agencies.--
``(1) Subgrants required.--Each State that receives a grant
under this section for any fiscal year shall distribute any
of the grant funds that it does not reserve under subsection
(d) to local educational agencies in the State that have
established their eligibility under section 613, as follows:
``(A) Base payments.--The State shall first award each
agency described in paragraph (1) the amount that agency
would have received under this section for fiscal year 1997
if the State had distributed 75 percent of its grant for that
year under section 619(c)(3), as then in effect.
``(B) Allocation of remaining funds.--After making
allocations under subparagraph (A), the State shall--
``(i) allocate 85 percent of any remaining funds to those
agencies on the basis of the relative numbers of children
enrolled in public and private elementary and secondary
schools within the agency's jurisdiction; and
``(ii) allocate 15 percent of those remaining funds to
those agencies in accordance with their relative numbers of
children living in poverty, as determined by the State
educational agency.
``(2) Reallocation of funds.--If a State educational agency
determines that a local educational agency is adequately
providing a free appropriate public education to all children
with disabilities aged three through five residing in the
area served by that agency
[[Page H2517]]
with State and local funds, the State educational agency may
reallocate any portion of the funds under this section that
are not needed by that local agency to provide a free
appropriate public education to other local educational
agencies in the State that are not adequately providing
special education and related services to all children with
disabilities aged three through five residing in the areas
they serve.
``(h) 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.
``(i) Definition.--For the purpose of this section, the
term `State' means each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.
``(j) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated to the Secretary $500,000,000 for fiscal year
1998 and such sums as may be necessary for each subsequent
fiscal year.
``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--
``(1) to develop and implement a statewide, comprehensive,
coordinated, multidisciplinary, interagency system that
provides 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);
``(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; and
``(4) to encourage States to expand opportunities for
children under 3 years of age who would be at risk of having
substantial developmental delay if they did not receive early
intervention services.
``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 that--
``(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 allotments 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 State policy that is in effect and that ensures
that appropriate early intervention services are available to
all infants and toddlers with disabilities and their
families, including Indian infants and toddlers and their
families residing on a reservation geographically located in
the State.
``(3) 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.
``(4) 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.
``(5) 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.
``(6) 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 (10) 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.
``(7) 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.
``(8) 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)(14) and may include--
``(A) implementing innovative strategies and activities for
the recruitment and retention of early education service
providers;
[[Page H2518]]
``(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.
``(9) Subject to subsection (b), 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) 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.
``(10) 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)(2) to the appropriate
agencies;
``(D) the development of procedures to ensure that services
are provided to infants and toddlers with disabilities 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
``(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.
``(11) 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.
``(12) A procedure for securing timely reimbursements of
funds used under this part in accordance with section 640(a).
``(13) Procedural safeguards with respect to programs under
this part, as required by section 639.
``(14) A system for compiling data requested by the
Secretary under section 618 that relates to this part.
``(15) A State interagency coordinating council that meets
the requirements of section 641.
``(16) 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 the infant or toddler in a natural
environment.
``(b) Policy.--In implementing subsection (a)(9), a State
may adopt a policy that includes making ongoing good-faith
efforts to recruit and hire appropriately and adequately
trained personnel to provide early intervention services to
infants and toddlers with disabilities, including, in a
geographic area of the State where there is a shortage of
such personnel, the most qualified individuals available who
are making satisfactory progress toward completing applicable
course work necessary to meet the standards described in
subsection (a)(9), consistent with State law, within 3 years.
``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 the
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 the
services will not be provided in a natural environment;
``(6) the projected dates for initiation of services and
the anticipated duration of the 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 the parents
shall be obtained prior to the provision of early
intervention services described in such plan. If the parents
do not provide consent with respect to a particular early
intervention service, then the early intervention services to
which 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. The 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 an individual or entity 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) if the State provides services to at-risk infants and
toddlers through the system, a description of such services;
``(5) a description of the uses for which funds will be
expended in accordance with this part;
``(6) a description of the procedure used to ensure that
resources are made available under this part for all
geographic areas within the State;
``(7) 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;
``(8) 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
[[Page H2519]]
``(ii) the lead agency designated or established under
section 635(a)(10) 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 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 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
``(9) such other information and assurances as the
Secretary may reasonably require.
``(b) Assurances.--The application described in subsection
(a)--
``(1) shall provide satisfactory assurance that Federal
funds made available under section 643 to the State will be
expended in accordance with this part;
``(2) shall contain an assurance that the State will comply
with the requirements of section 640;
``(3) shall provide satisfactory assurance that the control
of funds provided under section 643, and title to property
derived from those funds, will be in a public agency for the
uses and purposes provided in this part and that a public
agency will administer such funds and property;
``(4) shall provide for--
``(A) making 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) keeping such records and affording such access to
them as the Secretary may find necessary to ensure the
correctness and verification of those reports and proper
disbursement of Federal funds under this part;
``(5) provide satisfactory assurance that Federal funds
made available under section 643 to the State--
``(A) will not be commingled with State funds; and
``(B) will be used so as to supplement the level of State
and local funds expended for infants and toddlers with
disabilities and their families and in no case to supplant
those State and local funds;
``(6) shall provide satisfactory assurance that such fiscal
control and fund accounting procedures will be adopted as may
be necessary to ensure proper disbursement of, and accounting
for, Federal funds paid under section 643 to the State;
``(7) shall provide satisfactory assurance that policies
and procedures have been adopted to ensure meaningful
involvement of underserved groups, including minority, low-
income, and rural families, in the planning and
implementation of all the requirements of this part; and
``(8) shall contain 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 filed under part H
(as in effect before July 1, 1998), 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.
``(f) Modifications Required by the Secretary.--The
Secretary may require a State to modify its application under
this section, but only to the extent necessary to ensure the
State's compliance with this part, if--
``(1) an amendment is made to this Act, or a Federal
regulation issued under this Act;
``(2) a new interpretation of this Act is made by a Federal
court or the State's highest court; or
``(3) an official finding of noncompliance with Federal law
or regulations is made with respect to the State.
``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;
``(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; and
``(4) in any State that does not provide services for at-
risk infants and toddlers under section 637(a)(4), to
strengthen the statewide system by initiating, expanding, or
improving collaborative efforts related to at-risk infants
and toddlers, including establishing linkages with
appropriate public or private community-based organizations,
services, and personnel for the purposes of--
``(A) identifying and evaluating at-risk infants and
toddlers;
``(B) making referrals of the infants and toddlers
identified and evaluated under subparagraph (A); and
``(C) conducting periodic follow-up on each such referral
to determine if the status of the infant or toddler involved
has changed with respect to the eligibility of the infant or
toddler for services under this part.
``SEC. 639. PROCEDURAL SAFEGUARDS.
``(a) Minimum Procedures.---The procedural safeguards
required to be included in a statewide system under section
635(a)(13) 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 infant or toddler are not
known or cannot be found or the infant or toddler is a ward
of the State, including the assignment of an individual (who
shall not be an employee of the State lead agency, or other
State agency, and who shall not be 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, or
placement of the infant or toddler with a disability, or the
provision of appropriate early intervention services to the
infant or toddler.
``(7) Procedures designed to ensure 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 the 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)(10);
``(B) any reference in the 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 the 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 that would have been paid for from another public or
private source, including any medical program administered by
the Secretary of Defense, but for the enactment of this part,
except that whenever considered necessary to
[[Page H2520]]
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 that 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(a)(10) 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 health insurance.--At least one member
shall be from the agency responsible for the State governance
of health insurance.
``(H) Head start agency.--At least one representative from
a Head Start agency or program in the State.
``(I) Child care agency.--At least one 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 BIA-funded school, from the Indian Health Service or the
tribe or 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 the 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(a)(10) in the performance of
the responsibilities set forth 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
``(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
from birth through age 5. The council may advise appropriate
agencies in the State with respect to the integration of
services for infants and toddlers with disabilities and at-
risk infants and toddlers and their families, regardless of
whether at-risk infants and toddlers are eligible for early
intervention services in the State.
``(f) Conflict of Interest.--No member of the council shall
cast a vote on any matter that 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, and 618 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)(10);
``(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 Outlying Areas.--
``(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
outlying areas, 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
subsection, the tribe, tribal organization, or consortium
shall submit such information to the Secretary of the
Interior as is needed to determine the amounts to be
distributed under paragraph (2).
``(4) Use of funds.--The funds received by a tribe, tribal
organization, or consortium 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 consortium
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 consortium
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(i)(3)(E). The Secretary of
Education may require any additional information from the
Secretary of the Interior.
[[Page H2521]]
``(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 1998 and 1999.--
``(A) In general.--Except as provided in paragraph (4), no
State may receive an amount under this section for either
fiscal year 1998 or 1999 that is less than the sum of the
amounts such State received for fiscal year 1994 under--
``(i) part H (as in effect for such fiscal year); 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 allotments to such States for such year.
``(B) Additional funds.--If additional funds become
available for making payments under this subsection for a
fiscal year, allotments that were reduced under subparagraph
(A) shall be increased on the same basis they 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. FEDERAL INTERAGENCY COORDINATING COUNCIL.
``(a) Establishment and Purpose.--
``(1) In general.--The Secretary shall establish a Federal
Interagency Coordinating Council in order to--
``(A) minimize duplication of programs and activities
across Federal, State, and local agencies, relating to--
``(i) early intervention services for infants and toddlers
with disabilities (including at-risk infants and toddlers)
and their families; and
``(ii) preschool or other appropriate services for children
with disabilities;
``(B) ensure the effective coordination of Federal early
intervention and preschool programs and policies across
Federal agencies;
``(C) coordinate the provision of Federal technical
assistance and support activities to States;
``(D) identify gaps in Federal agency programs and
services; and
``(E) identify barriers to Federal interagency cooperation.
``(2) Appointments.--The council established under
paragraph (1) (hereafter in this section referred to as the
``Council'') and the chairperson of the Council shall be
appointed by the Secretary in consultation with other
appropriate Federal agencies. In making the appointments, the
Secretary shall ensure that each member has sufficient
authority to engage in policy planning and implementation on
behalf of the department, agency, or program that the member
represents.
``(b) Composition.--The Council shall be composed of--
``(1) a representative of the Office of Special Education
Programs;
``(2) a representative of the National Institute on
Disability and Rehabilitation Research and a representative
of the Office of Educational Research and Improvement;
``(3) a representative of the Maternal and Child Health
Services Block Grant Program;
``(4) a representative of programs administered under the
Developmental Disabilities Assistance and Bill of Rights Act;
``(5) a representative of the Health Care Financing
Administration;
``(6) a representative of the Division of Birth Defects and
Developmental Disabilities of the Centers for Disease
Control;
``(7) a representative of the Social Security
Administration;
``(8) a representative of the special supplemental
nutrition program for women, infants, and children of the
Department of Agriculture;
``(9) a representative of the National Institute of Mental
Health;
``(10) a representative of the National Institute of Child
Health and Human Development;
``(11) a representative of the Bureau of Indian Affairs of
the Department of the Interior;
``(12) a representative of the Indian Health Service;
``(13) a representative of the Surgeon General;
``(14) a representative of the Department of Defense;
``(15) a representative of the Children's Bureau, and a
representative of the Head Start Bureau, of the
Administration for Children and Families;
``(16) a representative of the Substance Abuse and Mental
Health Services Administration;
``(17) a representative of the Pediatric AIDS Health Care
Demonstration Program in the Public Health Service;
``(18) parents of children with disabilities age 12 or
under (who shall constitute at least 20 percent of the
members of the Council), of whom at least one must have a
child with a disability under the age of 6;
``(19) at least 2 representatives of State lead agencies
for early intervention services to infants and toddlers, one
of whom must be a representative of a State educational
agency and the other a representative of a non-educational
agency;
``(20) other members representing appropriate agencies
involved in the provision of, or payment for, early
intervention services and special education and related
services to infants and toddlers with disabilities and their
families and preschool children with disabilities; and
``(21) other persons appointed by the Secretary.
``(c) Meetings.--The Council shall meet at least quarterly
and in such places as the Council deems necessary. The
meetings shall be publicly announced, and, to the extent
appropriate, open and accessible to the general public.
``(d) Functions of the Council.--The Council shall--
``(1) advise and assist the Secretary of Education, the
Secretary of Health and Human Services, the Secretary of
Defense, the Secretary of the Interior, the Secretary of
Agriculture, and the Commissioner of Social Security in the
performance of their responsibilities related to serving
children from birth through age 5 who are eligible for
services under this part or under part B;
``(2) conduct policy analyses of Federal programs related
to the provision of early intervention services and special
educational and related services to infants and toddlers with
disabilities and their families, and preschool children with
disabilities, in order to determine areas of conflict,
overlap, duplication, or inappropriate omission;
``(3) identify strategies to address issues described in
paragraph (2);
``(4) develop and recommend joint policy memoranda
concerning effective interagency collaboration, including
modifications to regulations, and the elimination of barriers
to interagency programs and activities;
``(5) coordinate technical assistance and disseminate
information on best practices, effective program coordination
strategies, and recommendations for improved early
intervention programming for infants and toddlers with
disabilities and their families and preschool children with
disabilities; and
``(6) facilitate activities in support of States'
interagency coordination efforts.
``(e) Conflict of Interest.--No member of the Council shall
cast a vote on any matter that would provide direct financial
benefit to that member or otherwise give the appearance of a
conflict of interest under Federal law.
``(f) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
establishment or operation of the Council.
``SEC. 645. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are
authorized to be appropriated $400,000,000 for fiscal year
1998 and such sums as may be necessary for each of the fiscal
years 1999 through 2002.
``PART D--NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH
DISABILITIES
``Subpart 1--State Program Improvement Grants for Children with
Disabilities
``SEC. 651. FINDINGS AND PURPOSE.
``(a) Findings.--The Congress finds the following:
``(1) States are responding with some success to multiple
pressures to improve educational and transitional services
and results for children with disabilities in response to
growing demands imposed by ever-changing factors, such as
demographics, social policies, and labor and economic
markets.
``(2) In order for States to address such demands and to
facilitate lasting systemic change that is of benefit to all
students, including children with disabilities, States must
involve local educational agencies, parents, individuals with
disabilities and their families, teachers and other service
providers, and other interested individuals and organizations
in carrying out comprehensive strategies to improve
educational results for children with disabilities.
[[Page H2522]]
``(3) Targeted Federal financial resources are needed to
assist States, working in partnership with others, to
identify and make needed changes to address the needs of
children with disabilities into the next century.
``(4) State educational agencies, in partnership with local
educational agencies and other individuals and organizations,
are in the best position to identify and design ways to meet
emerging and expanding demands to improve education for
children with disabilities and to address their special
needs.
``(5) Research, demonstration, and practice over the past
20 years in special education and related disciplines have
built a foundation of knowledge on which State and local
systemic-change activities can now be based.
``(6) Such research, demonstration, and practice in special
education and related disciplines have demonstrated that an
effective educational system now and in the future must--
``(A) maintain high academic standards and clear
performance goals for children with disabilities, consistent
with the standards and expectations for all students in the
educational system, and provide for appropriate and effective
strategies and methods to ensure that students who are
children with disabilities have maximum opportunities to
achieve those standards and goals;
``(B) create a system that fully addresses the needs of all
students, including children with disabilities, by addressing
the needs of children with disabilities in carrying out
educational reform activities;
``(C) clearly define, in measurable terms, the school and
post-school results that children with disabilities are
expected to achieve;
``(D) promote service integration, and the coordination of
State and local education, social, health, mental health, and
other services, in addressing the full range of student
needs, particularly the needs of children with disabilities
who require significant levels of support to maximize their
participation and learning in school and the community;
``(E) ensure that children with disabilities are provided
assistance and support in making transitions as described in
section 674(b)(3)(C);
``(F) promote comprehensive programs of professional
development to ensure that the persons responsible for the
education or a transition of children with disabilities
possess the skills and knowledge necessary to address the
educational and related needs of those children;
``(G) disseminate to teachers and other personnel serving
children with disabilities research-based knowledge about
successful teaching practices and models and provide
technical assistance to local educational agencies and
schools on how to improve results for children with
disabilities;
``(H) create school-based disciplinary strategies that will
be used to reduce or eliminate the need to use suspension and
expulsion as disciplinary options for children with
disabilities;
``(I) establish placement-neutral funding formulas and
cost-effective strategies for meeting the needs of children
with disabilities; and
``(J) involve individuals with disabilities and parents of
children with disabilities in planning, implementing, and
evaluating systemic-change activities and educational
reforms.
``(b) Purpose.--The purpose of this subpart is to assist
State educational agencies, and their partners referred to in
section 652(b), in reforming and improving their systems for
providing educational, early intervention, and transitional
services, including their systems for professional
development, technical assistance, and dissemination of
knowledge about best practices, to improve results for
children with disabilities.
``SEC. 652. ELIGIBILITY AND COLLABORATIVE PROCESS.
``(a) Eligible Applicants.--A State educational agency may
apply for a grant under this subpart for a grant period of
not less than 1 year and not more than 5 years.
``(b) Partners.--
``(1) Required partners.--
``(A) Contractual partners.--In order to be considered for
a grant under this subpart, a State educational agency shall
establish a partnership with local educational agencies and
other State agencies involved in, or concerned with, the
education of children with disabilities.
``(B) Other partners.--In order to be considered for a
grant under this subpart, a State educational agency shall
work in partnership with other persons and organizations
involved in, and concerned with, the education of children
with disabilities, including--
``(i) the Governor;
``(ii) parents of children with disabilities;
``(iii) parents of nondisabled children;
``(iv) individuals with disabilities;
``(v) organizations representing individuals with
disabilities and their parents, such as parent training and
information centers;
``(vi) community-based and other nonprofit organizations
involved in the education and employment of individuals with
disabilities;
``(vii) the lead State agency for part C;
``(viii) general and special education teachers, and early
intervention personnel;
``(ix) the State advisory panel established under part C;
``(x) the State interagency coordinating council
established under part C; and
``(xi) institutions of higher education within the State.
``(2) Optional partners.--A partnership under subparagraph
(A) or (B) of paragraph (1) may also include--
``(A) individuals knowledgeable about vocational education;
``(B) the State agency for higher education;
``(C) the State vocational rehabilitation agency;
``(D) public agencies with jurisdiction in the areas of
health, mental health, social services, and juvenile justice;
and
``(E) other individuals.
``SEC. 653. APPLICATIONS.
``(a) In General.--
``(1) Submission.--A State educational agency that desires
to receive a grant under this subpart shall submit to the
Secretary an application at such time, in such manner, and
including such information as the Secretary may require.
``(2) State improvement plan.--The application shall
include a State improvement plan that--
``(A) 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;
and
``(B) meets the requirements of this section.
``(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)(16).
``(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 educational agency, 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--
``(i) the number of personnel providing special education
and related services; and
``(ii) relevant information on current and anticipated
personnel vacancies and shortages (including the number of
individuals described in clause (i) with temporary
certification), 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;
``(C) an analysis of the major findings of the Secretary's
most recent reviews of State compliance, as they relate to
improving results for children with disabilities; and
``(D) an analysis of other information, reasonably
available to the State, 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 a partnership agreement that--
``(A) specifies--
``(i) the nature and extent of the partnership among the
State educational agency, local educational agencies, and
other State agencies involved in, or concerned with, the
education of children with disabilities, and the respective
roles of each member of the partnership; and
``(ii) how such agencies will work in partnership with
other persons and organizations involved in, and concerned
with, the education of children with disabilities, including
the respective roles of each of these persons and
organizations; and
``(B) is in effect for the period of the grant;
``(2) describe how grant funds will be used in undertaking
the systemic-change activities, and the amount and nature of
funds from any other sources, including part B funds retained
for use at the State level under sections 611(f) and 619(d),
that will be committed to the systemic-change activities;
``(3) describe the strategies the State will use to address
the needs identified under subsection (b), including--
``(A) how the State will change State policies and
procedures to address systemic barriers to improving results
for children with disabilities;
``(B) how the State will hold local educational agencies
and schools accountable for educational progress of children
with disabilities;
``(C) how the State will provide technical assistance to
local educational agencies and schools to improve results for
children with disabilities;
``(D) how the State 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
special education, general education, related services, or
early intervention services) have the skills and
[[Page H2523]]
knowledge necessary to meet the needs of children with
disabilities, including a description of how--
``(i) the State will prepare general 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 (on both a pre-service and
an in-service basis) prepare personnel who work with children
with disabilities to ensure that those institutions and
entities develop the capacity to support quality professional
development programs that meet State and local needs;
``(iv) 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;
``(v) the State 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;
``(vi) the State will enhance the ability of teachers and
others to use strategies, such as behavioral interventions,
to address the conduct of children with disabilities that
impedes the learning of children with disabilities and
others;
``(vii) the State will acquire and disseminate, to
teachers, administrators, school board members, and related
services personnel, significant knowledge derived from
educational research and other sources, and how the State
will, when appropriate, adopt promising practices, materials,
and technology;
``(viii) the State will recruit, prepare, and retain
qualified personnel, including personnel with disabilities
and personnel from groups that are underrepresented in the
fields of regular education, special education, and related
services;
``(ix) the plan is integrated, to the maximum extent
possible, with other professional development plans and
activities, including plans and activities developed and
carried out under other Federal and State laws that address
personnel recruitment and training; and
``(x) the State will provide for the joint training of
parents and special education, related services, and general
education personnel;
``(E) strategies that will address systemic problems
identified in Federal compliance reviews, including shortages
of qualified personnel;
``(F) how the State will disseminate results of the local
capacity-building and improvement projects funded under
section 611(f)(4);
``(G) how the State will address improving results for
children with disabilities in the geographic areas of
greatest need; and
``(H) how the State will assess, on a regular basis, the
extent to which the strategies implemented under this subpart
have been effective; and
``(4) describe how the improvement strategies described in
paragraph (3) will be coordinated with public and private
sector resources.
``(d) Competitive Awards.--
``(1) In general.--The Secretary shall make grants under
this subpart on a competitive basis.
``(2) Priority.--The Secretary may give priority to
applications on the basis of need, as indicated by such
information as the findings of Federal compliance reviews.
``(e) Peer Review.--
``(1) In general.--The Secretary shall use a panel of
experts who are competent, by virtue of their training,
expertise, or experience, to evaluate applications under this
subpart.
``(2) Composition of panel.--A majority of a panel
described in paragraph (1) shall be composed of individuals
who are not employees of the Federal Government.
``(3) Payment of fees and expenses of certain members.--The
Secretary may use available funds appropriated to carry out
this subpart to pay the expenses and fees of panel members
who are not employees of the Federal Government.
``(f) Reporting Procedures.--Each State educational agency
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
than annually. The reports shall describe the progress of the
State in meeting the performance goals established under
section 612(a)(16), analyze the effectiveness of the State's
strategies in meeting those goals, and identify any changes
in the strategies needed to improve its performance.
``SEC. 654. USE OF FUNDS.
``(a) In General.--
``(1) Activities.--A State educational agency that receives
a grant under this subpart may use the grant to carry out any
activities that are described in the State's application and
that are consistent with the purpose of this subpart.
``(2) Contracts and subgrants.--Each such State educational
agency--
``(A) shall, consistent with its partnership agreement
under section 652(b), award contracts or subgrants to local
educational agencies, institutions of higher education, and
parent training and information centers, as appropriate, to
carry out its State improvement plan under this subpart; and
``(B) may award contracts and subgrants to other public and
private entities, including the lead agency under part C, to
carry out such plan.
``(b) Use of Funds for Professional Development.--A State
educational agency that receives a grant under this subpart--
``(1) shall use not less than 75 percent of the funds it
receives under the grant for any fiscal year--
``(A) to ensure that there are sufficient regular
education, special education, and related services personnel
who have the skills and knowledge necessary to meet the needs
of children with disabilities and developmental goals of
young children; or
``(B) to work with other States on common certification
criteria; or
``(2) shall use not less than 50 percent of such funds for
such purposes, if the State demonstrates to the Secretary's
satisfaction that it has the personnel described in paragraph
(1)(A).
``(c) Grants to Outlying Areas.--Public Law 95-134,
permitting the consolidation of grants to the outlying areas,
shall not apply to funds received under this subpart.
``SEC. 655. MINIMUM STATE GRANT AMOUNTS.
``(a) In General.--The Secretary shall make a grant to each
State educational agency whose application the Secretary has
selected for funding under this subpart in an amount for each
fiscal year that is--
``(1) not less than $500,000, nor more than $2,000,000, in
the case of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico; and
``(2) not less than $80,000, in the case of an outlying
area.
``(b) Inflation Adjustment.--Beginning with fiscal year
1999, the Secretary may increase the maximum amount described
in subsection (a)(1) to account for inflation.
``(c) Factors.--The Secretary shall set the amount of each
grant under subsection (a) after considering--
``(1) the amount of funds available for making the grants;
``(2) the relative population of the State or outlying
area; and
``(3) the types of activities proposed by the State or
outlying area.
``SEC. 656. 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 1998 through 2002.
``Subpart 2--Coordinated Research, Personnel Preparation, Technical
Assistance, Support, and Dissemination of Information
``SEC. 661. ADMINISTRATIVE PROVISIONS.
``(a) Comprehensive Plan.--
``(1) In general.--The Secretary shall develop and
implement a comprehensive plan for activities carried out
under this subpart in order to enhance the provision of
educational, related, transitional, and early intervention
services to children with disabilities under parts B and C.
The plan shall include mechanisms to address educational,
related services, transitional, and early intervention needs
identified by State educational agencies in applications
submitted for State program improvement grants under subpart
1.
``(2) Participants in plan development.--In developing the
plan described in paragraph (1), the Secretary shall consult
with--
``(A) individuals with disabilities;
``(B) parents of children with disabilities;
``(C) appropriate professionals; and
``(D) representatives of State and local educational
agencies, private schools, institutions of higher education,
other Federal agencies, the National Council on Disability,
and national organizations with an interest in, and expertise
in, providing services to children with disabilities and
their families.
``(3) Public comment.--The Secretary shall take public
comment on the plan.
``(4) Distribution of funds.--In implementing the plan, the
Secretary shall, to the extent appropriate, ensure that funds
are awarded to recipients under this subpart to carry out
activities that benefit, directly or indirectly, children
with disabilities of all ages.
``(5) Reports to congress.--The Secretary shall
periodically report to the Congress on the Secretary's
activities under this subsection, including an initial report
not later than the date that is 18 months after the date of
the enactment of the Individuals with Disabilities Act
Amendments of 1997.
``(b) Eligible Applicants.--
``(1) In general.--Except as otherwise provided in this
subpart, the following entities are eligible to apply for a
grant, contract, or cooperative agreement under this subpart:
``(A) A State educational agency.
``(B) A local educational agency.
``(C) An institution of higher education.
``(D) Any other public agency.
``(E) A private nonprofit organization.
``(F) An outlying area.
``(G) An Indian tribe or a tribal organization (as defined
under section 4 of the Indian Self-Determination and
Education Assistance Act).
``(H) A for-profit organization, if the Secretary finds it
appropriate in light of the purposes of a particular
competition for a grant, contract, or cooperative agreement
under this subpart.
[[Page H2524]]
``(2) Special rule.--The Secretary may limit the entities
eligible for an award of a grant, contract, or cooperative
agreement to one or more categories of eligible entities
described in paragraph (1).
``(c) Use of Funds by Secretary.--Notwithstanding any other
provision of law, and in addition to any authority granted
the Secretary under chapter 1 or chapter 2, the Secretary may
use up to 20 percent of the funds available under either
chapter 1 or chapter 2 for any fiscal year to carry out any
activity, or combination of activities, subject to such
conditions as the Secretary determines are appropriate
effectively to carry out the purposes of such chapters,
that--
``(A) is consistent with the purposes of chapter 1, chapter
2, or both; and
``(B) involves--
``(i) research;
``(ii) personnel preparation;
``(iii) parent training and information;
``(iv) technical assistance and dissemination;
``(v) technology development, demonstration, and
utilization; or
``(vi) media services.
``(d) Special Populations.--
``(1) Application requirement.--In making an award of a
grant, contract, or cooperative agreement under this subpart,
the Secretary shall, as appropriate, require an applicant to
demonstrate how the applicant will address the needs of
children with disabilities from minority backgrounds.
``(2) Outreach and technical assistance.--
``(A) Requirement.--Notwithstanding any other provision of
this Act, the Secretary shall ensure that at least one
percent of the total amount of funds appropriated to carry
out this subpart is used for either or both of the following
activities:
``(i) To provide outreach and technical assistance to
Historically Black Colleges and Universities, and to
institutions of higher education with minority enrollments of
at least 25 percent, to promote the participation of such
colleges, universities, and institutions in activities under
this subpart.
``(ii) To enable Historically Black Colleges and
Universities, and the institutions described in clause (i),
to assist other colleges, universities, institutions, and
agencies in improving educational and transitional results
for children with disabilities.
``(B) Reservation of funds.--The Secretary may reserve
funds appropriated under this subpart to satisfy the
requirement of subparagraph (A).
``(e) Priorities.--
``(1) In general.--Except as otherwise explicitly
authorized in this subpart, the Secretary shall ensure that a
grant, contract, or cooperative agreement under chapter 1 or
2 is awarded only--
``(A) for activities that are designed to benefit children
with disabilities, their families, or the personnel employed
to work with such children or their families; or
``(B) to benefit other individuals with disabilities that
such chapter is intended to benefit.
``(2) Priority for particular activities.--Subject to
paragraph (1), the Secretary, in making an award of a grant,
contract, or cooperative agreement under this subpart, may,
without regard to the rule making procedures under section
553 of title 5, United States Code, limit competitions to, or
otherwise give priority to--
``(A) projects that address one or more--
``(i) age ranges;
``(ii) disabilities;
``(iii) school grades;
``(iv) types of educational placements or early
intervention environments;
``(v) types of services;
``(vi) content areas, such as reading; or
``(vii) effective strategies for helping children with
disabilities learn appropriate behavior in the school and
other community-based educational settings;
``(B) projects that address the needs of children based on
the severity of their disability;
``(C) projects that address the needs of--
``(i) low-achieving students;
``(ii) underserved populations;
``(iii) children from low-income families;
``(iv) children with limited English proficiency;
``(v) unserved and underserved areas;
``(vi) particular types of geographic areas; or
``(vii) children whose behavior interferes with their
learning and socialization;
``(D) projects to reduce inappropriate identification of
children as children with disabilities, particularly among
minority children;
``(E) projects that are carried out in particular areas of
the country, to ensure broad geographic coverage; and
``(F) any activity that is expressly authorized in chapter
1 or 2.
``(f) Applicant and Recipient Responsibilities.--
``(1) Development and assessment of projects.--The
Secretary shall require that an applicant for, and a
recipient of, a grant, contract, or cooperative agreement for
a project under this subpart--
``(A) involve individuals with disabilities or parents of
individuals with disabilities in planning, implementing, and
evaluating the project; and
``(B) where appropriate, determine whether the project has
any potential for replication and adoption by other entities.
``(2) Additional responsibilities.--The Secretary may
require a recipient of a grant, contract, or cooperative
agreement for a project under this subpart--
``(A) to share in the cost of the project;
``(B) to prepare the research and evaluation findings and
products from the project in formats that are useful for
specific audiences, including parents, administrators,
teachers, early intervention personnel, related services
personnel, and individuals with disabilities;
``(C) to disseminate such findings and products; and
``(D) to collaborate with other such recipients in carrying
out subparagraphs (B) and (C).
``(g) Application Management.--
``(1) Standing panel.--
``(A) In general.--The Secretary shall establish and use a
standing panel of experts who are competent, by virtue of
their training, expertise, or experience, to evaluate
applications under this subpart that, individually, request
more than $75,000 per year in Federal financial assistance.
``(B) Membership.--The standing panel shall include, at a
minimum--
``(i) individuals who are representatives of institutions
of higher education that plan, develop, and carry out
programs of personnel preparation;
``(ii) individuals who design and carry out programs of
research targeted to the improvement of special education
programs and services;
``(iii) individuals who have recognized experience and
knowledge necessary to integrate and apply research findings
to improve educational and transitional results for children
with disabilities;
``(iv) individuals who administer programs at the State or
local level in which children with disabilities participate;
``(v) individuals who prepare parents of children with
disabilities to participate in making decisions about the
education of their children;
``(vi) individuals who establish policies that affect the
delivery of services to children with disabilities;
``(vii) individuals who are parents of children with
disabilities who are benefiting, or have benefited, from
coordinated research, personnel preparation, and technical
assistance; and
``(viii) individuals with disabilities.
``(C) Training.--The Secretary shall provide training to
the individuals who are selected as members of the standing
panel under this paragraph.
``(D) Term.--No individual shall serve on the standing
panel for more than 3 consecutive years, unless the Secretary
determines that the individual's continued participation is
necessary for the sound administration of this subpart.
``(2) Peer-review panels for particular competitions.--
``(A) Composition.--The Secretary shall ensure that each
sub-panel selected from the standing panel that reviews
applications under this subpart includes--
``(i) individuals with knowledge and expertise on the
issues addressed by the activities authorized by the subpart;
and
``(ii) to the extent practicable, parents of children with
disabilities, individuals with disabilities, and persons from
diverse backgrounds.
``(B) Federal employment limitation.--A majority of the
individuals on each sub-panel that reviews an application
under this subpart shall be individuals who are not employees
of the Federal Government.
``(3) Use of discretionary funds for administrative
purposes.--
``(A) Expenses and fees of non-Federal panel members.--The
Secretary may use funds available under this subpart to pay
the expenses and fees of the panel members who are not
officers or employees of the Federal Government.
``(B) Administrative support.--The Secretary may use not
more than 1 percent of the funds appropriated to carry out
this subpart to pay non-Federal entities for administrative
support related to management of applications submitted under
this subpart.
``(C) Monitoring.--The Secretary may use funds available
under this subpart to pay the expenses of Federal employees
to conduct on-site monitoring of projects receiving $500,000
or more for any fiscal year under this subpart.
``(h) Program Evaluation.--The Secretary may use funds
appropriated to carry out this subpart to evaluate activities
carried out under the subpart.
``(i) Minimum Funding Required.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall ensure that, for each fiscal year, at least the
following amounts are provided under this subpart to address
the following needs:
``(A) $12,832,000 to address the educational, related
services, transitional, and early intervention needs of
children with deaf-blindness.
``(B) $4,000,000 to address the postsecondary, vocational,
technical, continuing, and adult education needs of
individuals with deafness.
``(C) $4,000,000 to address the educational, related
services, and transitional needs of children with an
emotional disturbance and those who are at risk of developing
an emotional disturbance.
``(2) Ratable reduction.--If the total amount appropriated
to carry out sections 672, 673, and 685 for any fiscal year
is less than $130,000,000, the amounts listed in paragraph
(1) shall be ratably reduced.
[[Page H2525]]
``(j) Eligibility for Financial Assistance.--Effective for
fiscal years for which the Secretary may make grants under
section 619(b), no State or local educational agency or
educational service agency or other public institution or
agency may receive a grant under this subpart which relates
exclusively to programs, projects, and activities pertaining
to children aged three to five, inclusive, unless the State
is eligible to receive a grant under section 619(b).
``Chapter 1--Improving Early Intervention, Educational, and
Transitional Services and Results for Children with Disabilities
through Coordinated Research and Personnel Preparation
``SEC. 671. FINDINGS AND PURPOSE.
``(a) Findings.--The Congress finds the following:
``(1) The Federal Government has an ongoing obligation to
support programs, projects, and activities that contribute to
positive results for children with disabilities, enabling
them--
``(A) to meet their early intervention, educational, and
transitional goals and, to the maximum extent possible,
educational standards that have been established for all
children; and
``(B) to acquire the skills that will empower them to lead
productive and independent adult lives.
``(2)(A) As a result of more than 20 years of Federal
support for research, demonstration projects, and personnel
preparation, there is an important knowledge base for
improving results for children with disabilities.
``(B) Such knowledge should be used by States and local
educational agencies to design and implement state-of-the-art
educational systems that consider the needs of, and include,
children with disabilities, especially in environments in
which they can learn along with their peers and achieve
results measured by the same standards as the results of
their peers.
``(3)(A) Continued Federal support is essential for the
development and maintenance of a coordinated and high-quality
program of research, demonstration projects, dissemination of
information, and personnel preparation.
``(B) Such support--
``(i) enables State educational agencies and local
educational agencies to improve their educational systems and
results for children with disabilities;
``(ii) enables State and local agencies to improve early
intervention services and results for infants and toddlers
with disabilities and their families; and
``(iii) enhances the opportunities for general and special
education personnel, related services personnel, parents, and
paraprofessionals to participate in pre-service and in-
service training, to collaborate, and to improve results for
children with disabilities and their families.
``(4) The Federal Government plays a critical role in
facilitating the availability of an adequate number of
qualified personnel--
``(A) to serve effectively the over 5,000,000 children with
disabilities;
``(B) to assume leadership positions in administrative and
direct-service capacities related to teacher training and
research concerning the provision of early intervention
services, special education, and related services; and
``(C) to work with children with low-incidence disabilities
and their families.
``(5) The Federal Government performs the role described in
paragraph (4)--
``(A) by supporting models of personnel development that
reflect successful practice, including strategies for
recruiting, preparing, and retaining personnel;
``(B) by promoting the coordination and integration of--
``(i) personnel-development activities for teachers of
children with disabilities; and
``(ii) other personnel-development activities supported
under Federal law, including this chapter;
``(C) by supporting the development and dissemination of
information about teaching standards; and
``(D) by promoting the coordination and integration of
personnel-development activities through linkage with
systemic-change activities within States and nationally.
``(b) Purpose.--The purpose of this chapter is to provide
Federal funding for coordinated research, demonstration
projects, outreach, and personnel-preparation activities
that--
``(1) are described in sections 672 through 674;
``(2) are linked with, and promote, systemic change; and
``(3) improve early intervention, educational, and
transitional results for children with disabilities.
``SEC. 672. RESEARCH AND INNOVATION TO IMPROVE SERVICES AND
RESULTS FOR CHILDREN WITH DISABILITIES.
``(a) In General.--The Secretary shall make competitive
grants to, or enter into contracts or cooperative agreements
with, eligible entities to produce, and advance the use of,
knowledge--
``(1) to improve--
``(A) services provided under this Act, including the
practices of professionals and others involved in providing
such services to children with disabilities; and
``(B) educational results for children with disabilities;
``(2) to address the special needs of preschool-aged
children and infants and toddlers with disabilities,
including infants and toddlers who would be at risk of having
substantial developmental delays if early intervention
services were not provided to them;
``(3) to address the specific problems of over-
identification and under-identification of children with
disabilities;
``(4) to develop and implement effective strategies for
addressing inappropriate behavior of students with
disabilities in schools, including strategies to prevent
children with emotional and behavioral problems from
developing emotional disturbances that require the provision
of special education and related services;
``(5) to improve secondary and postsecondary education and
transitional services for children with disabilities; and
``(6) to address the range of special education, related
services, and early intervention needs of children with
disabilities who need significant levels of support to
maximize their participation and learning in school and in
the community.
``(b) New Knowledge Production; Authorized Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support activities, consistent with the
objectives described in subsection (a), that lead to the
production of new knowledge.
``(2) Authorized activities.--Activities that may be
carried out under this subsection include activities such as
the following:
``(A) Expanding understanding of the relationships between
learning characteristics of children with disabilities and
the diverse ethnic, cultural, linguistic, social, and
economic backgrounds of children with disabilities and their
families.
``(B) Developing or identifying innovative, effective, and
efficient curricula designs, instructional approaches, and
strategies, and developing or identifying positive academic
and social learning opportunities, that--
``(i) enable children with disabilities to make effective
transitions described in section 674(b)(3)(C) or transitions
between educational settings; and
``(ii) improve educational and transitional results for
children with disabilities at all levels of the educational
system in which the activities are carried out and, in
particular, that improve the progress of the children, as
measured by assessments within the general education
curriculum involved.
``(C) Advancing the design of assessment tools and
procedures that will accurately and efficiently determine the
special instructional, learning, and behavioral needs of
children with disabilities, especially within the context of
general education.
``(D) Studying and promoting improved alignment and
compatibility of general and special education reforms
concerned with curricular and instructional reform,
evaluation and accountability of such reforms, and
administrative procedures.
``(E) Advancing the design, development, and integration of
technology, assistive technology devices, media, and
materials, to improve early intervention, educational, and
transitional services and results for children with
disabilities.
``(F) Improving designs, processes, and results of
personnel preparation for personnel who provide services to
children with disabilities through the acquisition of
information on, and implementation of, research-based
practices.
``(G) Advancing knowledge about the coordination of
education with health and social services.
``(H) Producing information on the long-term impact of
early intervention and education on results for individuals
with disabilities through large-scale longitudinal studies.
``(c) Integration of Research and Practice; Authorized
Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support activities, consistent with the
objectives described in subsection (a), that integrate
research and practice, including activities that support
State systemic-change and local capacity-building and
improvement efforts.
``(2) Authorized activities.--Activities that may be
carried out under this subsection include activities such as
the following:
``(A) 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 and media.
``(B) Demonstrating and applying research-based findings to
facilitate systemic changes, related to the provision of
services to children with disabilities, in policy, procedure,
practice, and the training and use of personnel.
``(C) Promoting and demonstrating the coordination of early
intervention and educational services for children with
disabilities with services provided by health,
rehabilitation, and social service agencies.
``(D) Identifying and disseminating solutions that overcome
systemic barriers to the effective and efficient delivery of
early intervention, educational, and transitional services to
children with disabilities.
``(d) Improving the Use of Professional Knowledge;
Authorized Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support activities, consistent with the
objectives described in subsection (a), that improve the use
of professional knowledge, including activities that support
State systemic-change and
[[Page H2526]]
local capacity-building and improvement efforts.
``(2) Authorized activities.--Activities that may be
carried out under this subsection include activities such as
the following:
``(A) Synthesizing useful research and other information
relating to the provision of services to children with
disabilities, including effective practices.
``(B) Analyzing professional knowledge bases to advance an
understanding of the relationships, and the effectiveness of
practices, relating to the provision of services to children
with disabilities.
``(C) Ensuring that research and related products are in
appropriate formats for distribution to teachers, parents,
and individuals with disabilities.
``(D) Enabling professionals, parents of children with
disabilities, and other persons, to learn about, and
implement, the findings of research, and successful practices
developed in model demonstration projects, relating to the
provision of services to children with disabilities.
``(E) Conducting outreach, and disseminating information
relating to successful approaches to overcoming systemic
barriers to the effective and efficient delivery of early
intervention, educational, and transitional services, to
personnel who provide services to children with disabilities.
``(e) Balance Among Activities and Age Ranges.--In carrying
out this section, the Secretary shall ensure that there is an
appropriate balance--
``(1) among knowledge production, integration of research
and practice, and use of professional knowledge; and
``(2) across all age ranges of children with disabilities.
``(f) Applications.--An eligible entity that wishes to
receive a grant, or enter into a contract or cooperative
agreement, under this section shall submit an application to
the Secretary at such time, in such manner, and containing
such information as the Secretary may require.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for each of the fiscal years 1998
through 2002.
``SEC. 673. PERSONNEL PREPARATION TO IMPROVE SERVICES AND
RESULTS FOR CHILDREN WITH DISABILITIES.
``(a) In General.--The Secretary shall, on a competitive
basis, make grants to, or enter into contracts or cooperative
agreements with, eligible entities--
``(1) to help address State-identified needs for qualified
personnel in special education, related services, early
intervention, and regular education, to work with children
with disabilities; and
``(2) to ensure that those personnel have the skills and
knowledge, derived from practices that have been determined,
through research and experience, to be successful, that are
needed to serve those children.
``(b) Low-Incidence Disabilities; Authorized Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support activities, consistent with the
objectives described in subsection (a), that benefit children
with low-incidence disabilities.
``(2) Authorized activities.--Activities that may be
carried out under this subsection include activities such as
the following:
``(A) Preparing persons who--
``(i) have prior training in educational and other related
service fields; and
``(ii) are studying to obtain degrees, certificates, or
licensure that will enable them to assist children with
disabilities to achieve the objectives set out in their
individualized education programs described in section
614(d), or to assist infants and toddlers with disabilities
to achieve the outcomes described in their individualized
family service plans described in section 636.
``(B) Providing personnel from various disciplines with
interdisciplinary training that will contribute to
improvement in early intervention, educational, and
transitional results for children with disabilities.
``(C) Preparing personnel in the innovative uses and
application of technology to enhance learning by children
with disabilities through early intervention, educational,
and transitional services.
``(D) Preparing personnel who provide services to visually
impaired or blind children to teach and use Braille in the
provision of services to such children.
``(E) Preparing personnel to be qualified educational
interpreters, to assist children with disabilities,
particularly deaf and hard-of-hearing children in school and
school-related activities and deaf and hard-of-hearing
infants and toddlers and preschool children in early
intervention and preschool programs.
``(F) Preparing personnel who provide services to children
with significant cognitive disabilities and children with
multiple disabilities.
``(3) Definition.--As used in this section, the term `low-
incidence disability' means--
``(A) a visual or hearing impairment, or simultaneous
visual and hearing impairments;
``(B) a significant cognitive impairment; or
``(C) any impairment for which a small number of personnel
with highly specialized skills and knowledge are needed in
order for children with that impairment to receive early
intervention services or a free appropriate public education.
``(4) Selection of recipients.--In selecting recipients
under this subsection, the Secretary may give preference to
applications that propose to prepare personnel in more than
one low-incidence disability, such as deafness and blindness.
``(5) Preparation in use of braille.--The Secretary shall
ensure that all recipients of assistance under this
subsection who will use that assistance to prepare personnel
to provide services to visually impaired or blind children
that can appropriately be provided in Braille will prepare
those individuals to provide those services in Braille.
``(c) Leadership Preparation; Authorized Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support leadership preparation activities
that are consistent with the objectives described in
subsection (a).
``(2) Authorized activities.--Activities that may be
carried out under this subsection include activities such as
the following:
``(A) Preparing personnel at the advanced graduate,
doctoral, and postdoctoral levels of training to administer,
enhance, or provide services for children with disabilities.
``(B) Providing interdisciplinary training for various
types of leadership personnel, including teacher preparation
faculty, administrators, researchers, supervisors,
principals, and other persons whose work affects early
intervention, educational, and transitional services for
children with disabilities.
``(d) Projects of National Significance; Authorized
Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support activities, consistent with the
objectives described in subsection (a), that are of national
significance and have broad applicability.
``(2) Authorized activities.--Activities that may be
carried out under this subsection include activities such as
the following:
``(A) Developing and demonstrating effective and efficient
practices for preparing personnel to provide services to
children with disabilities, including practices that address
any needs identified in the State's improvement plan under
part C;
``(B) Demonstrating the application of significant
knowledge derived from research and other sources in the
development of programs to prepare personnel to provide
services to children with disabilities.
``(C) Demonstrating models for the preparation of, and
interdisciplinary training of, early intervention, special
education, and general education personnel, to enable the
personnel--
``(i) to acquire the collaboration skills necessary to work
within teams to assist children with disabilities; and
``(ii) to achieve results that meet challenging standards,
particularly within the general education curriculum.
``(D) Demonstrating models that reduce shortages of
teachers, and personnel from other relevant disciplines, who
serve children with disabilities, through reciprocity
arrangements between States that are related to licensure and
certification.
``(E) Developing, evaluating, and disseminating model
teaching standards for persons working with children with
disabilities.
``(F) Promoting the transferability, across State and local
jurisdictions, of licensure and certification of teachers and
administrators working with such children.
``(G) Developing and disseminating models that prepare
teachers with strategies, including behavioral interventions,
for addressing the conduct of children with disabilities that
impedes their learning and that of others in the classroom.
``(H) Institutes that provide professional development that
addresses the needs of children with disabilities to teachers
or teams of teachers, and where appropriate, to school board
members, administrators, principals, pupil-service personnel,
and other staff from individual schools.
``(I) Projects to improve the ability of general education
teachers, principals, and other administrators to meet the
needs of children with disabilities.
``(J) Developing, evaluating, and disseminating innovative
models for the recruitment, induction, retention, and
assessment of new, qualified teachers, especially from groups
that are underrepresented in the teaching profession,
including individuals with disabilities.
``(K) Supporting institutions of higher education with
minority enrollments of at least 25 percent for the purpose
of preparing personnel to work with children with
disabilities.
``(e) High-Incidence Disabilities; Authorized Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support activities, consistent with the
objectives described in subsection (a), to benefit children
with high-incidence disabilities, such as children with
specific learning disabilities, speech or language
impairment, or mental retardation.
``(2) Authorized activities.--Activities that may be
carried out under this subsection include the following:
``(A) Activities undertaken by institutions of higher
education, local educational agencies, and other local
entities--
``(i) to improve and reform their existing programs to
prepare teachers and related services personnel--
``(I) to meet the diverse needs of children with
disabilities for early intervention, educational, and
transitional services; and
[[Page H2527]]
``(II) to work collaboratively in regular classroom
settings; and
``(ii) to incorporate best practices and research-based
knowledge about preparing personnel so they will have the
knowledge and skills to improve educational results for
children with disabilities.
``(B) Activities incorporating innovative strategies to
recruit and prepare teachers and other personnel to meet the
needs of areas in which there are acute and persistent
shortages of personnel.
``(C) Developing career opportunities for paraprofessionals
to receive training as special education teachers, related
services personnel, and early intervention personnel,
including interdisciplinary training to enable them to
improve early intervention, educational, and transitional
results for children with disabilities.
``(f) Applications.--
``(1) In general.--Any eligible entity that wishes to
receive a grant, or enter into a contract or cooperative
agreement, under this section shall submit an application to
the Secretary at such time, in such manner, and containing
such information as the Secretary may require.
``(2) Identified state needs.--
``(A) Requirement to address identified needs.--Any
application under subsection (b), (c), or (e) shall include
information demonstrating to the satisfaction of the
Secretary that the activities described in the application
will address needs identified by the State or States the
applicant proposes to serve.
``(B) Cooperation with state educational agencies.--Any
applicant that is not a local educational agency or a State
educational agency shall include information demonstrating to
the satisfaction of the Secretary that the applicant and one
or more State educational agencies have engaged in a
cooperative effort to plan the project to which the
application pertains, and will cooperate in carrying out and
monitoring the project.
``(3) Acceptance by states of personnel preparation
requirements.--The Secretary may require applicants to
provide letters from one or more States stating that the
States--
``(A) intend to accept successful completion of the
proposed personnel preparation program as meeting State
personnel standards for serving children with disabilities or
serving infants and toddlers with disabilities; and
``(B) need personnel in the area or areas in which the
applicant proposes to provide preparation, as identified in
the States' comprehensive systems of personnel development
under parts B and C.
``(g) Selection of Recipients.--
``(1) Impact of project.--In selecting recipients under
this section, the Secretary may consider the impact of the
project proposed in the application in meeting the need for
personnel identified by the States.
``(2) Requirement on applicants to meet state and
professional standards.--The Secretary shall make grants
under this section only to eligible applicants that meet
State and professionally-recognized standards for the
preparation of special education and related services
personnel, if the purpose of the project is to assist
personnel in obtaining degrees.
``(3) Preferences.--In selecting recipients under this
section, the Secretary may--
``(A) give preference to institutions of higher education
that are educating regular education personnel to meet the
needs of children with disabilities in integrated settings
and educating special education personnel to work in
collaboration with regular educators in integrated settings;
and
``(B) give preference to institutions of higher education
that are successfully recruiting and preparing individuals
with disabilities and individuals from groups that are
underrepresented in the profession for which they are
preparing individuals.
``(h) Service Obligation.--
``(1) In general.--Each application for funds under
subsections (b) and (e), and to the extent appropriate
subsection (d), shall include an assurance that the applicant
will ensure that individuals who receive a scholarship under
the proposed project will subsequently provide special
education and related services to children with disabilities
for a period of 2 years for every year for which assistance
was received or repay all or part of the cost of that
assistance, in accordance with regulations issued by the
Secretary.
``(2) Leadership preparation.--Each application for funds
under subsection (c) shall include an assurance that the
applicant will ensure that individuals who receive a
scholarship under the proposed project will subsequently
perform work related to their preparation for a period of 2
years for every year for which assistance was received or
repay all or part of such costs, in accordance with
regulations issued by the Secretary.
``(i) Scholarships.--The Secretary may include funds for
scholarships, with necessary stipends and allowances, in
awards under subsections (b), (c), (d), and (e).
``(j) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for each of the fiscal years 1998
through 2002.
``SEC. 674. STUDIES AND EVALUATIONS.
``(a) Studies and Evaluations.--
``(1) In general.--The Secretary shall, directly or through
grants, contracts, or cooperative agreements, assess the
progress in the implementation of this Act, including the
effectiveness of State and local efforts to provide--
``(A) a free appropriate public education to children with
disabilities; and
``(B) early intervention services to infants and toddlers
with disabilities and infants and toddlers who would be at
risk of having substantial developmental delays if early
intervention services were not provided to them.
``(2) Authorized activities.--In carrying out this
subsection, the Secretary may support studies, evaluations,
and assessments, including studies that--
``(A) analyze measurable impact, outcomes, and results
achieved by State educational agencies and local educational
agencies through their activities to reform policies,
procedures, and practices designed to improve educational and
transitional services and results for children with
disabilities;
``(B) analyze State and local needs for professional
development, parent training, and other appropriate
activities that can reduce the need for disciplinary actions
involving children with disabilities;
``(C) assess educational and transitional services and
results for children with disabilities from minority
backgrounds, including--
``(i) data on--
``(I) the number of minority children who are referred for
special education evaluation;
``(II) the number of minority children who are receiving
special education and related services and their educational
or other service placement; and
``(III) the number of minority children who graduated from
secondary and postsecondary education programs; and
``(ii) the performance of children with disabilities from
minority backgrounds on State assessments and other
performance indicators established for all students;
``(D) measure educational and transitional services and
results of children with disabilities under this Act,
including longitudinal studies that--
``(i) examine educational and transitional services and
results for children with disabilities who are 3 through 17
years of age and are receiving special education and related
services under this Act, using a national, representative
sample of distinct age cohorts and disability categories; and
``(ii) examine educational results, postsecondary
placement, and employment status of individuals with
disabilities, 18 through 21 years of age, who are receiving
or have received special education and related services under
this Act; and
``(E) identify and report on the placement of children with
disabilities by disability category.
``(b) National Assessment.--
``(1) In general.--The Secretary shall carry out a national
assessment of activities carried out with Federal funds under
this Act in order--
``(A) to determine the effectiveness of this Act in
achieving its purposes;
``(B) to provide information to the President, the
Congress, the States, local educational agencies, and the
public on how to implement the Act more effectively; and
``(C) to provide the President and the Congress with
information that will be useful in developing legislation to
achieve the purposes of this Act more effectively.
``(2) Consultation.--The Secretary shall plan, review, and
conduct the national assessment under this subsection in
consultation with researchers, State practitioners, local
practitioners, parents of children with disabilities,
individuals with disabilities, and other appropriate
individuals.
``(3) Scope of assessment.--The national assessment shall
examine how well schools, local educational agencies, States,
other recipients of assistance under this Act, and the
Secretary are achieving the purposes of this Act, including--
``(A) improving the performance of children with
disabilities in general scholastic activities and assessments
as compared to nondisabled children;
``(B) providing for the participation of children with
disabilities in the general curriculum;
``(C) helping children with disabilities make successful
transitions from--
``(i) early intervention services to preschool education;
``(ii) preschool education to elementary school; and
``(iii) secondary school to adult life;
``(D) placing and serving children with disabilities,
including minority children, in the least restrictive
environment appropriate;
``(E) preventing children with disabilities, especially
children with emotional disturbances and specific learning
disabilities, from dropping out of school;
``(F) addressing behavioral problems of children with
disabilities as compared to nondisabled children;
``(G) coordinating services provided under this Act with
each other, with other educational and pupil services
(including preschool services), and with health and social
services funded from other sources;
``(H) providing for the participation of parents of
children with disabilities in the education of their
children; and
``(I) resolving disagreements between education personnel
and parents through activities such as mediation.
``(4) Interim and final reports.--The Secretary shall
submit to the President and the Congress--
[[Page H2528]]
``(A) an interim report that summarizes the preliminary
findings of the assessment not later than October 1, 1999;
and
``(B) a final report of the findings of the assessment not
later than October 1, 2001.
``(c) Annual Report.--The Secretary shall report annually
to the Congress on--
``(1) an analysis and summary of the data reported by the
States and the Secretary of the Interior under section 618;
``(2) the results of activities conducted under subsection
(a);
``(3) the findings and determinations resulting from
reviews of State implementation of this Act.
``(d) Technical Assistance to LEAS.--The Secretary shall
provide directly, or through grants, contracts, or
cooperative agreements, technical assistance to local
educational agencies to assist them in carrying out local
capacity-building and improvement projects under section
611(f)(4) and other LEA systemic improvement activities under
this Act.
``(e) Reservation for Studies and Technical Assistance.--
``(1) In general.--Except as provided in paragraph (2) and
notwithstanding any other provision of this Act, the
Secretary may reserve up to one-half of one percent of the
amount appropriated under parts B and C for each fiscal year
to carry out this section.
``(2) Maximum amount.--For the first fiscal year in which
the amount described in paragraph (1) is at least
$20,000,000, the maximum amount the Secretary may reserve
under paragraph (1) is $20,000,000. For each subsequent
fiscal year, the maximum amount the Secretary may reserve
under paragraph (1) is $20,000,000, increased by the
cumulative rate of inflation since the fiscal year described
in the previous sentence.
``(3) Use of maximum amount.--In any fiscal year described
in paragraph (2) for which the Secretary reserves the maximum
amount described in that paragraph, the Secretary shall use
at least half of the reserved amount for activities under
subsection (d).
``Chapter 2--Improving Early Intervention, Educational, and
Transitional Services and Results for Children With Disabilities
Through Coordinated Technical Assistance, Support, and Dissemination of
Information
``SEC. 681. FINDINGS AND PURPOSES.
``(a) In General.--The Congress finds as follows:
``(1) National technical assistance, support, and
dissemination activities are necessary to ensure that parts B
and C are fully implemented and achieve quality early
intervention, educational, and transitional results for
children with disabilities and their families.
``(2) Parents, teachers, administrators, and related
services personnel need technical assistance and information
in a timely, coordinated, and accessible manner in order to
improve early intervention, educational, and transitional
services and results at the State and local levels for
children with disabilities and their families.
``(3) Parent training and information activities have taken
on increased importance in efforts to assist parents of a
child with a disability in dealing with the multiple
pressures of rearing such a child and are of particular
importance in--
``(A) ensuring the involvement of such parents in planning
and decisionmaking with respect to early intervention,
educational, and transitional services;
``(B) achieving quality early intervention, educational,
and transitional results for children with disabilities;
``(C) providing such parents information on their rights
and protections under this Act to ensure improved early
intervention, educational, and transitional results for
children with disabilities;
``(D) assisting such parents in the development of skills
to participate effectively in the education and development
of their children and in the transitions described in section
674(b)(3)(C); and
``(E) supporting the roles of such parents as participants
within partnerships seeking to improve early intervention,
educational, and transitional services and results for
children with disabilities and their families.
``(4) Providers of parent training and information
activities need to ensure that such parents who have limited
access to services and supports, due to economic, cultural,
or linguistic barriers, are provided with access to
appropriate parent training and information activities.
``(5) Parents of children with disabilities need
information that helps the parents to understand the rights
and responsibilities of their children under part B.
``(6) The provision of coordinated technical assistance and
dissemination of information to State and local agencies,
institutions of higher education, and other providers of
services to children with disabilities is essential in--
``(A) supporting the process of achieving systemic change;
``(B) supporting actions in areas of priority specific to
the improvement of early intervention, educational, and
transitional results for children with disabilities;
``(C) conveying information and assistance that are--
``(i) based on current research (as of the date the
information and assistance are conveyed);
``(ii) accessible and meaningful for use in supporting
systemic-change activities of State and local partnerships;
and
``(iii) linked directly to improving early intervention,
educational, and transitional services and results for
children with disabilities and their families; and
``(D) organizing systems and information networks for such
information, based on modern technology related to--
``(i) storing and gaining access to information; and
``(ii) distributing information in a systematic manner to
parents, students, professionals, and policymakers.
``(7) Federal support for carrying out technology research,
technology development, and educational media services and
activities has resulted in major innovations that have
significantly improved early intervention, educational, and
transitional services and results for children with
disabilities and their families.
``(8) Such Federal support is needed--
``(A) to stimulate the development of software, interactive
learning tools, and devices to address early intervention,
educational, and transitional needs of children with
disabilities who have certain disabilities;
``(B) to make information available on technology research,
technology development, and educational media services and
activities to individuals involved in the provision of early
intervention, educational, and transitional services to
children with disabilities;
``(C) to promote the integration of technology into
curricula to improve early intervention, educational, and
transitional results for children with disabilities;
``(D) to provide incentives for the development of
technology and media devices and tools that are not readily
found or available because of the small size of potential
markets;
``(E) to make resources available to pay for such devices
and tools and educational media services and activities;
``(F) to promote the training of personnel--
``(i) to provide such devices, tools, services, and
activities in a competent manner; and
``(ii) to assist children with disabilities and their
families in using such devices, tools, services, and
activities; and
``(G) to coordinate the provision of such devices, tools,
services, and activities--
``(i) among State human services programs; and
``(ii) between such programs and private agencies.
``(b) Purposes.--The purposes of this chapter are to ensure
that--
``(1) children with disabilities, and their parents,
receive training and information on their rights and
protections under this Act, in order to develop the skills
necessary to effectively participate in planning and
decisionmaking relating to early intervention, educational,
and transitional services and in systemic-change activities;
``(2) parents, teachers, administrators, early intervention
personnel, related services personnel, and transition
personnel receive coordinated and accessible technical
assistance and information to assist such persons, through
systemic-change activities and other efforts, to improve
early intervention, educational, and transitional services
and results for children with disabilities and their
families;
``(3) appropriate technology and media are researched,
developed, demonstrated, and made available in timely and
accessible formats to parents, teachers, and all types of
personnel providing services to children with disabilities to
support their roles as partners in the improvement and
implementation of early intervention, educational, and
transitional services and results for children with
disabilities and their families;
``(4) on reaching the age of majority under State law,
children with disabilities understand their rights and
responsibilities under part B, if the State provides for the
transfer of parental rights under section 615(m); and
``(5) the general welfare of deaf and hard-of-hearing
individuals is promoted by--
``(A) bringing to such individuals understanding and
appreciation of the films and television programs that play
an important part in the general and cultural advancement of
hearing individuals;
``(B) providing, through those films and television
programs, enriched educational and cultural experiences
through which deaf and hard-of-hearing individuals can better
understand the realities of their environment; and
``(C) providing wholesome and rewarding experiences that
deaf and hard-of-hearing individuals may share.
``SEC. 682. 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
section.
``(b) Required Activities.--Each parent training and
information center that receives assistance under this
section shall--
``(1) provide training and information that meets the
training and information needs of parents of children with
disabilities living in the area served by the center,
particularly underserved parents and parents of children who
may be inappropriately identified;
``(2) assist parents to understand the availability of, and
how to effectively use, procedural safeguards under this Act,
including encouraging the use, and explaining the benefits,
of alternative methods of dispute resolution, such as the
mediation process described in section 615(e);
[[Page H2529]]
``(3) serve the parents of infants, toddlers, and children
with the full range of disabilities;
``(4) assist parents to--
``(A) better understand the nature of their children's
disabilities and their educational and developmental needs;
``(B) communicate effectively with personnel responsible
for providing special education, early intervention, and
related services;
``(C) participate in decisionmaking processes and the
development of individualized education programs under part B
and individualized family service plans under part C;
``(D) obtain appropriate information about the range of
options, programs, services, and resources available to
assist children with disabilities and their families;
``(E) understand the provisions of this Act for the
education of, and the provision of early intervention
services to, children with disabilities; and
``(F) participate in school reform activities;
``(5) in States where the State elects to contract with the
parent training and information center, contract with State
educational agencies to provide, consistent with
subparagraphs (B) and (D) of section 615(e)(2), individuals
who meet with parents to explain the mediation process to
them;
``(6) network with appropriate clearinghouses, including
organizations conducting national dissemination activities
under section 685(d), and with other national, State, and
local organizations and agencies, such as protection and
advocacy agencies, that serve parents and families of
children with the full range of disabilities; and
``(7) 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, 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(m) on reaching
the age of majority; and
``(3) assist parents of children with disabilities to be
informed participants in the development and implementation
of the State's State improvement plan under subpart 1.
``(d) Application Requirements.--Each application for
assistance under this section shall identify with specificity
the special efforts that the applicant will undertake--
``(1) to ensure that the needs for training and information
of underserved parents of children with disabilities in the
area to be served are effectively met; and
``(2) to work with community-based organizations.
``(e) Distribution of Funds.--
``(1) In general.--The Secretary shall make at least 1
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.
``(2) 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.
``(f) Quarterly Review.--
``(1) Requirements.--
``(A) Meetings.--The board of directors or special
governing committee of each organization that receives an
award under this section shall meet at least once in each
calendar quarter to review the activities for which the award
was made.
``(B) Advising board.--Each special governing committee
shall directly advise the organization's governing board of
its views and recommendations.
``(2) Continuation award.--When an organization requests a
continuation award under this section, the board of directors
or special governing committee shall submit to the Secretary
a written review of the parent training and information
program conducted by the organization during the preceding
fiscal year.
``(g) Definition of Parent Organization.--As used in this
section, the term `parent organization' means a private
nonprofit organization (other than an institution of higher
education) that--
``(1) has a board of directors--
``(A) the majority of whom are parents of children with
disabilities;
``(B) that includes--
``(i) individuals working in the fields of special
education, related services, and early intervention; and
``(ii) individuals with disabilities; and
``(C) the parent and professional members of which are
broadly representative of the population to be served; or
``(2) has--
``(A) a membership that represents the interests of
individuals with disabilities and has established a special
governing committee that meets the requirements of paragraph
(1); and
``(B) a memorandum of understanding between the special
governing committee and the board of directors of the
organization that clearly outlines the relationship between
the board and the committee and the decisionmaking
responsibilities and authority of each.
``SEC. 683. COMMUNITY PARENT RESOURCE CENTERS.
``(a) In General.--The Secretary may make grants to, and
enter into contracts and cooperative agreements with, local
parent organizations to support parent training and
information centers that will help ensure that underserved
parents of children with disabilities, including low-income
parents, parents of children with limited English
proficiency, and parents with disabilities, have the training
and information they need to enable them to participate
effectively in helping their children with disabilities--
``(1) to meet developmental goals and, to the maximum
extent possible, those challenging standards that have been
established for all children; and
``(2) to be prepared to lead productive independent adult
lives, to the maximum extent possible.
``(b) Required Activities.--Each parent training and
information center assisted under this section shall--
``(1) provide training and information that meets the
training and information needs of parents of children with
disabilities proposed to be served by the grant, contract, or
cooperative agreement;
``(2) carry out the activities required of parent training
and information centers under paragraphs (2) through (7) of
section 682(b);
``(3) establish cooperative partnerships with the parent
training and information centers funded under section 682;
and
``(4) be designed to meet the specific needs of families
who experience significant isolation from available sources
of information and support.
``(c) Definition.--As used is this section, the term `local
parent organization' means a parent organization, as defined
in section 682(g), that either--
``(1) has a board of directors the majority of whom are
from the community to be served; or
``(2) has--
``(A) as a part of its mission, serving the interests of
individuals with disabilities from such community; and
``(B) a special governing committee to administer the
grant, contract, or cooperative agreement, a majority of the
members of which are individuals from such community.
``SEC. 684. TECHNICAL ASSISTANCE FOR PARENT TRAINING AND
INFORMATION CENTERS.
``(a) In General.--The Secretary may, directly or through
awards to eligible entities, provide technical assistance for
developing, assisting, and coordinating parent training and
information programs carried out by parent training and
information centers receiving assistance under sections 682
and 683.
``(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. 685. COORDINATED TECHNICAL ASSISTANCE AND
DISSEMINATION.
``(a) In General.--The Secretary shall, by competitively
making grants or entering into contracts and cooperative
agreements with eligible entities, provide technical
assistance and information, through such mechanisms as
institutes, Regional Resource Centers, clearinghouses, and
programs that support States and local entities in building
capacity, to improve early intervention, educational, and
transitional services and results for children with
disabilities and their families, and address systemic-change
goals and priorities.
``(b) Systemic Technical Assistance; Authorized
Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall carry out or support technical assistance
activities, consistent with the objectives described in
subsection (a), relating to systemic change.
``(2) Authorized activities.--Activities that may be
carried out under this subsection include activities such as
the following:
``(A) Assisting States, local educational agencies, and
other participants in partnerships established under subpart
1 with the process of planning systemic changes that will
promote improved early intervention, educational, and
transitional results for children with disabilities.
``(B) Promoting change through a multistate or regional
framework that benefits States, local educational agencies,
and other participants in partnerships that are in the
process of achieving systemic-change outcomes.
``(C) Increasing the depth and utility of information in
ongoing and emerging areas of
[[Page H2530]]
priority need identified by States, local educational
agencies, and other participants in partnerships that are in
the process of achieving systemic-change outcomes.
``(D) Promoting communication and information exchange
among States, local educational agencies, and other
participants in partnerships, based on the needs and concerns
identified by the participants in the partnerships, rather
than on externally imposed criteria or topics, regarding--
``(i) the practices, procedures, and policies of the
States, local educational agencies, and other participants in
partnerships; and
``(ii) accountability of the States, local educational
agencies, and other participants in partnerships for improved
early intervention, educational, and transitional results for
children with disabilities.
``(c) Specialized Technical Assistance; Authorized
Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall carry out or support activities, consistent
with the objectives described in subsection (a), relating to
areas of priority or specific populations.
``(2) Authorized activities.--Examples of activities that
may be carried out under this subsection include activities
that--
``(A) focus on specific areas of high-priority need that--
``(i) are identified by States, local educational agencies,
and other participants in partnerships;
``(ii) require the development of new knowledge, or the
analysis and synthesis of substantial bodies of information
not readily available to the States, agencies, and other
participants in partnerships; and
``(iii) will contribute significantly to the improvement of
early intervention, educational, and transitional services
and results for children with disabilities and their
families;
``(B) focus on needs and issues that are specific to a
population of children with disabilities, such as the
provision of single-State and multi-State technical
assistance and in-service training--
``(i) to schools and agencies serving deaf-blind children
and their families; and
``(ii) to programs and agencies serving other groups of
children with low-incidence disabilities and their families;
or
``(C) address the postsecondary education needs of
individuals who are deaf or hard of hearing.
``(d) National Information Dissemination; Authorized
Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall carry out or support information
dissemination activities that are consistent with the
objectives described in subsection (a), including activities
that address national needs for the preparation and
dissemination of information relating to eliminating barriers
to systemic-change and improving early intervention,
educational, and transitional results for children with
disabilities.
``(2) Authorized Activities.--Examples of activities that
may be carried out under this subsection include activities
relating to--
``(A) infants and toddlers with disabilities and their
families, and children with disabilities and their families;
``(B) services for populations of children with low-
incidence disabilities, including deaf-blind children, and
targeted age groupings;
``(C) the provision of postsecondary services to
individuals with disabilities;
``(D) the need for and use of personnel to provide services
to children with disabilities, and personnel recruitment,
retention, and preparation;
``(E) issues that are of critical interest to State
educational agencies and local educational agencies, other
agency personnel, parents of children with disabilities, and
individuals with disabilities;
``(F) educational reform and systemic change within States;
and
``(G) promoting schools that are safe and conducive to
learning.
``(3) Linking states to information sources.--In carrying
out this subsection, the Secretary may support projects that
link States to technical assistance resources, including
special education and general education resources, and may
make research and related products available through
libraries, electronic networks, parent training projects, and
other information sources.
``(e) Applications.--An eligible entity that wishes to
receive a grant, or enter into a contract or cooperative
agreement, under this section shall submit an application to
the Secretary at such time, in such manner, and containing
such information as the Secretary may require.
``SEC. 686. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out
sections 681 through 685 such sums as may be necessary for
each of the fiscal years 1998 through 2002.
``SEC. 687. TECHNOLOGY DEVELOPMENT, DEMONSTRATION, AND
UTILIZATION, AND MEDIA SERVICES.
``(a) In General.--The Secretary shall competitively make
grants to, and enter into contracts and cooperative
agreements with, eligible entities to support activities
described in subsections (b) and (c).
``(b) Technology Development, Demonstration, and
Utilization; Authorized Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support activities to promote the
development, demonstration, and utilization of technology.
``(2) Authorized activities.--Activities that may be
carried out under this subsection include activities such as
the following:
``(A) Conducting research and development activities on the
use of innovative and emerging technologies for children with
disabilities.
``(B) Promoting the demonstration and use of innovative and
emerging technologies for children with disabilities by
improving and expanding the transfer of technology from
research and development to practice.
``(C) Providing technical assistance to recipients of other
assistance under this section, concerning the development of
accessible, effective, and usable products.
``(D) Communicating information on available technology and
the uses of such technology to assist children with
disabilities.
``(E) Supporting the implementation of research programs on
captioning or video description.
``(F) Supporting research, development, and dissemination
of technology with universal-design features, so that the
technology is accessible to individuals with disabilities
without further modification or adaptation.
``(G) Demonstrating the use of publicly-funded
telecommunications systems to provide parents and teachers
with information and training concerning early diagnosis of,
intervention for, and effective teaching strategies for,
young children with reading disabilities.
``(c) Educational Media Services; Authorized Activities.--
In carrying out this section, the Secretary shall support--
``(1) educational media activities that are designed to be
of educational value to children with disabilities;
``(2) providing video description, open captioning, or
closed captioning of television programs, videos, or
educational materials through September 30, 2001; and after
fiscal year 2001, providing video description, open
captioning, or closed captioning of educational, news, and
informational television, videos, or materials;
``(3) distributing captioned and described videos or
educational materials through such mechanisms as a loan
service;
``(4) providing free educational materials, including
textbooks, in accessible media for visually impaired and
print-disabled students in elementary, secondary,
postsecondary, and graduate schools;
``(5) providing cultural experiences through appropriate
nonprofit organizations, such as the National Theater of the
Deaf, that--
``(A) enrich the lives of deaf and hard-of-hearing children
and adults;
``(B) increase public awareness and understanding of
deafness and of the artistic and intellectual achievements of
deaf and hard-of-hearing persons; or
``(C) promote the integration of hearing, deaf, and hard-
of-hearing persons through shared cultural, educational, and
social experiences; and
``(6) compiling and analyzing appropriate data relating to
the activities described in paragraphs (1) through (5).
``(d) Applications.--Any eligible entity that wishes to
receive a grant, or enter into a contract or cooperative
agreement, under this section shall submit an application to
the Secretary at such time, in such manner, and containing
such information as the Secretary may require.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for each of the fiscal years 1998
through 2002.''.
TITLE II--MISCELLANEOUS PROVISIONS
SEC. 201. EFFECTIVE DATES.
(a) Parts A and B.--
(1) In general.--Except as provided in paragraph (2), parts
A and B of the Individuals with Disabilities Education Act,
as amended by title I, shall take effect upon the enactment
of this Act.
(2) Exceptions.--
(A) In general.--Sections 612(a)(4), 612(a)(14),
612(a)(16), 614(d) (except for paragraph (6)), and 618 of the
Individuals with Disabilities Education Act, as amended by
title I, shall take effect on July 1, 1998.
(B) Section 617.--Section 617 of the Individuals with
Disabilities Education Act, as amended by title I, shall take
effect on October 1, 1997.
(C) Individualized education programs and comprehensive
system of personnel development.--Section 618 of the
Individuals with Disabilities Education Act, as in effect on
the day before the date of the enactment of this Act, and the
provisions of parts A and B of the Individuals with
Disabilities Education Act relating to individualized
education programs and the State's comprehensive system of
personnel development, as so in effect, shall remain in
effect until July 1, 1998.
(D) Sections 611 and 619.--Sections 611 and 619, as amended
by title I, shall take effect beginning with funds
appropriated for fiscal year 1998.
(b) Part C.--Part C of the Individuals with Disabilities
Education Act, as amended by title I, shall take effect on
July 1, 1998.
(c) Part D.--
(1) In general.--Except as provided in paragraph (2), part
D of the Individuals with Disabilities Education Act, as
amended by title I, shall take effect on October 1, 1997.
(2) Exception.--Paragraphs (1) and (2) of section 661(g) of
the Individuals with Disabilities Education Act, as amended
by title I, shall take effect on January 1, 1998.
[[Page H2531]]
SEC. 202. TRANSITION.
Notwithstanding any other provision of law, beginning on
October 1, 1997, the Secretary of Education may use funds
appropriated under part D of the Individuals with
Disabilities Education Act to make continuation awards for
projects that were funded under section 618 and parts C
through G of such Act (as in effect on September 30, 1997).
SEC. 203. REPEALERS.
(a) Part I.--Effective October 1, 1998, part I of the
Individuals with Disabilities Education Act is hereby
repealed.
(b) Part H.--Effective July 1, 1998, part H of such Act is
hereby repealed.
(c) Parts C, E, F, and G.--Effective October 1, 1997, parts
C, 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 Missouri [Mr. Clay]
each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania [Mr. Goodling].
Mr. GOODLING. Mr. Speaker, I yield myself 4 minutes.
Mr. Speaker, today the House of Representatives considers H.R. 5, the
Individuals with Disabilities Education Act Amendments of 1997. This
bill is the culmination of over 2 years of work by the Committee on
Education and the Workforce.
Republicans believe that there is nothing more important to the
future of our country than providing the opportunity for a high-quality
education for all Americans. We believe this can be achieved by working
together to build on what works, improving basic academics, increasing
parental involvement, and moving dollars to the classroom.
In my view, H.R. 5 represents a significant step in that direction.
H.R. 5 focuses the act on children's education instead of process and
bureaucracy. This legislation has taken a unique path toward enactment,
and I am proud to have led it to where it stands today.
Earlier this year, Chairman Jeffords, the gentleman from California,
Mr. Riggs, and I decided to establish a bipartisan, bicameral
negotiating process to develop a consensus bill acceptable to all
Members of Congress. In February we proposed this idea to our Democrat
counterparts and to the administration.
As part of this process, we proposed to invite members of the
interested public to participate in the development of the legislation,
including educators, parents, and disability advocates. Our House and
Senate Democrat colleagues accepted our offer, as did the Department of
Education, and for the last 3 months we have worked to create that
consensus legislation.
This process was truly historic. I never saw this happen in the 20
years that I have been here. The discussions were an open public dialog
on the content of legislation, right down to every line of text that we
will pass today.
During weekly sessions since mid-March, educators, parents, and other
professionals from around the country have flown to Washington, DC, at
their own expense to suggest changes to IDEA. In off-the-record
meetings open to any member of the general public, people expressed
honest views with candor and thought, and their voices have strongly
influenced the work that makes up the bill.
The change in the IDEA amendments will have positive impacts in the
lives of millions of students with disabilities. There will be an
emphasis on what works, instead of filling out paperwork. These changes
will mean more time for teachers to dedicate to their students, and
fewer resources wasted on process. The bill will assure parents'
ability to participate in key decisionmaking meetings about their
children's education. It ensures that States will offer mediation
service to resolve disputes, and will reform the litigation system that
too often impedes children's education instead of giving them access to
education.
Local principals and school administrators will be given more
flexibility. The bill includes a provision that will give local schools
tremendous relief from IDEA funding mandates, which I might indicate
came from the Federal Government, by giving schools the flexibility to
actually reduce their own IDEA funding levels. This is an action
unprecedented in Federal law.
The bill also ensures that local schools receive more Federal funds
by capping State administrative costs at current dollar levels, to
ensure that 90 to 98 percent of appropriations increases will go to
local schools. The bill will make schools safer for all students,
disabled and nondisabled, and for their teachers.
The bill codifies existing authority to suspend a student for 10 days
without educational services, and expands upon current procedures for
students with firearms. We will enable schools to quickly remove
students who bring weapons or drugs to school, regardless of their
disability status.
The legislation will also ensure that disability status will not
affect the school's general disciplinary procedures where appropriate.
Where a child's actions are not a manifestation of his or her
disability, schools will need to take the same action with disabled
children as they would with any child.
Finally, I would like to talk about the Federal funding formula. 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.
Changes to IDEA in this bill have garnered broad support and praise
from educators and disability groups. Before closing, I would like to
particularly thank several of my colleagues who have worked on this
historic markup. The subcommittee chairman, the gentleman from
California [Mr. Riggs], has worked many hours on the legislation, and I
thank him for his work. In addition, the gentleman from Delaware [Mr.
Castle] and the gentleman from South Carolina [Mr. Graham] have
participated as House Republicans.
I would like to thank my Democrat colleagues, the gentleman from
Missouri, Mr. Clay, the gentleman from California, Mr. Martinez, the
gentleman from California, Mr. Miller, and the gentleman from Virginia,
Mr. Scott, who worked with us in this process, and our Senate
colleagues, Majority Leader Lott and Senators Jeffords, Coats, Kennedy,
and Harkin. The Department of Education, and its staff, particularly
Assistant Secretary Judy Heumann, are to be thanked as well.
Our congressional staffs have spent hours and hours and hours, and I
want to thank all on both sides of the aisle. I particularly want to
recognize Todd Jones, who, as I said the other day, can probably recite
any line in this legislation. All you have to do is ask him, and he
will tell you the page and probably the line. I thank all for this
historic day.
Mr. Speaker, I include for the Record the following letters regarding
the legislation.
The letters referred to are as follows:
America Association of School Administrators,
Arlington, VA, May 5, 1997.
Hon. William F. Goodling,
House Education and the Workforce Committee
2181 Rayburn House Office Building,
Washington, DC
Dear Chairman Goodling: The American Association of School
Administrators (AASA) would like to thank you for the
wonderful manner in which you guided the reauthorization of
the Individuals with Disabilities Education Act through
difficult negotiations. AASA is in full support of the IDEA
as reported by the House and Senate working group. Your plan
of creating one set of negotiations worked better than any of
us could ever have predicted.
Local superintendents have been particularly alarmed by the
fact that local school districts were bearing the entire
brunt of paying for IDEA as costs escalated over the last ten
years. Paying for IDEA required not one single legislative
fix, but a combination of changes that included: large
increases in federal funds; driving a greater share of those
funds to schools; creating fairer expectations for state and
local sharing of IDEA costs; forced cost sharing of related
service with other local and state agencies; and cutting
costs of IDEA without hurting children. We are pleased that
you addressed all of our concerns regarding the costs of
IDEA.
As with most legislation, there is considerable give and
take and no one can be pleased with every single provision of
the bill. However, because H.R. 5 puts children first we can
support it. Children with disabilities are the clear victors
in this bill because the program is simpler and better
connected to schools in general, especially where children
are directly affected, such as evaluations, instruction, and
related services. All children are winners because students
who bring weapons or drugs to school are easier to remove to
alternative settings, as would happen to any student in a
similar situation. Make no mistake, IDEA is still a
complicated program to administer. Involving parents and
other agencies (such as health
[[Page H2532]]
care) in planning and service delivery may be a challenge,
but the bill shifts these complications away from educators
who are already over burdened with paperwork.
We thank you for your leadership in crafting a bill that
addresses the cost concerns of superintendents, simplifies
the process for children, and eliminates some paperwork for
educators. This is a remarkable accomplishment.
Sincerely,
Bruce Hunter,
Senior Associate Executive Director.
____
National Association of Elementary School Principals,
Alexandria, VA, May 6, 1997.
Dear Representative:
The National Association of Elementary School Principals
(NAESP), representing 27,000 elementary and middle school
principals, urges your support of the Individuals With
Disabilities Act (IDEA) reauthorization bill when it comes
before the Education and the Workforce Committee for a mark-
up on Wednesday, May 7. While the bill does not make all the
changes NAESP has sought, it represents a reasonable
compromise that will help to update the IDEA.
We appreciate the expansion of the discipline provisions to
enhance the power of principals to take quick action to make
schools safe for all students. We are also pleased that the
draft reauthorization bill makes some reasonable changes in
the attorneys' fees provision and encourages the use of
mediation to solve disputes between families and school
personnel. The provision subjecting U.S. Department of
Education policy letters to public review and comment is a
welcome one. Finally, we are very pleased that the bill has
no provision allowing for the cessation of educational
services.
NAESP congratulates the leaders in both chambers, the
committee and subcommittee chairmen and ranking members, and
IDEA staff working group on the prodigious work on an issue
that elicits strong emotions on all sides. We hope the
legislation will proceed smoothly through action in committee
and on the House and Senate floors and be readily enacted
into law.
Sincerely,
Sally N. McConnell,
Director of Government Relations.
This letter is being sent to members of the Committee on
Education and the Workforce.
____
Council of the Great City Schools,
Washington, DC, May 5, 1997.
Hon. William Goodling,
Chairman, Committee on Education and the Workforce, House of
Representatives, Washington, DC.
Dear Mr. Chairman: The Council of the Great City Schools, a
coalition of the nation's largest central city school
districts, writes to support H.R. 5, the IDEA Reauthorization
bill, based on the drafts and explanations which we have
received to date. The Council's fifty urban schools districts
represent a major segment of the national public education
system, enrolling six and a half million children, over 35%
of the nation's poor children, 40% of the nation's minority
children, and nearly \3/4\ million disabled children in 8000
schools with 300,000 teachers.
From the outset of your IDEA legislative effort back in
1995, the Council called for a balance bill which would make
significant progress in delivering effective services to
disabled school children and relieve some of the costs,
requirements, and financial burdens placed upon local school
districts. Although some issues of importance to the Council
might have been addressed more fully, the Council's overall
conclusion regarding the bill is distinctly positive.
We believe that H.R. 5, the IDEA Reauthorization, makes
significant progress over current law, while retaining the
critical protections and directions of this landmark federal
statute. H.R. 5 deserves expeditious passage by the 105th
Congress without substantial change.
Sincerely,
Michael Casserly, Executive Director.
____
Board of Education of the City of New York,
Brooklyn, NY, May 6, 1997.
Hon. William Goodling,
Chairman, Committee on Education and the Workforce, House of
Representatives, Washington, DC.
Dear Mr. Chairman: I am writing in support of H.R. 5, the
IDEA Reauthorization bill, based on the drafts and
explanations that we have received to date.
The provision of special education services and programs to
all eligible students has become one of the biggest
challenges facing school districts today, especially large
urban school districts. Although significant progress has
been made in providing a free and appropriate education to
all disabled students, the New York City school district, as
well as school systems across the nation, continues to
struggle with the following issues:
A virtual absence of support services in general education
which precludes the provision of prevention/intervention
services.
An excess of students being inappropriately referred to
special education services when service should be provided in
general education.
A focus on compliance-driven model with little attention to
student achievement.
A systematic provision of special education services in
separate classes.
The need to reduce inappropriate and disproportionate
referrals and placement of minority and LEP students in
special education.
Based on our analysis of the working drafts, I believe that
this bill goes a long way toward addressing many of these
issues. Although in any sizable draft legislation, there will
be areas of concern and disagreement, the bill overall
appears to be balanced and fair. Some costly requirements
have been removed or modified from current law, and some of
the financial burdens now shouldered by local school
districts appear to have been relieved. These revisions
should result in improvement of services for disabled
children and a more manageable special education program in
general.
For the foregoing reasons, I urge you to move expeditiously
H.R. 5 through the legislative process without changing the
substantive provisions which have produced this balanced
bill.
Sincerely yours,
Rudolph F. Crew, Chancellor.
____
Los Angeles Unified School District,
Los Angeles, CA, May 6, 1997.
Hon. William Goodling,
Chair, Committee on Education and the Workforce, House of
Representatives, Washington, DC.
Dear Congressman Goodling: The Los Angeles Unified School
District supports H.R. 5, the Individuals with Disabilities
Education Act (IDEA) reauthorization bill, based on the
drafts and explanations that we have received to date.
Together with representatives of a number of other large
school districts across the country, our staff went to
Washington for two days last week to review the product of
the IDEA working group. Although in any sizable legislative
draft, there may be issues that produce concern, the bill
overall appears balanced, fair, workable, and not overly
prescriptive--an improvement of the current law. Some costly
requirements have been removed or modified, such as
interagency state maintenance. These revisions should result
in improved services for disabled children and a more
manageable special education program in general.
We respectfully request that the proposed IDEA
reauthorization be moved expeditiously through the
legislative process without changing the substantive
provisions that have produced a balanced bill.
Sincerely,
Ronald Prescott,
Associate Superintendent.
____
Chicago Public Schools,
Chicago, IL, May 5, 1997.
Hon. William Goodling,
Chairman, Committee on Education and the Workforce, House of
Representatives, Washington, DC.
Dear Mr. Chairman: As Chief Executive Officer of the
Chicago Public Schools, I am writing to voice my strong
support of H.R. 5, the IDEA Reauthorization bill. Based on
the drafts and explanations which I have received to date,
the bill contains significant improvements over the current
Federal special education law.
The work product of the IDEA Working Group provides a
number of changes to the current law that would enable our
staff to spend a greater period of time on direct services to
children. Although suggestions could be given for any draft
of legislation, the bill appears to be balanced and fair.
Several costly requirements have been removed or modified
from current law, such as relief in the area of attorney fees
and reimbursement of unilateral placements by parents. These
revisions should result in improvement of services for
students with disabilities and a more manageable special
education services in general.
I urge you to expeditiously move this IDEA Reauthorization
through the legislative process without changing the
substantive provisions which have produced this balanced
bill.
Sincerely,
Paul Vallas,
Chief Executive Officer.
____
The School District of Philadelphia,
Philadelphia, PA, May 5, 1997.
Hon. William Goodling,
Chairman, Committee on Education and the Workforce, House of
Representatives, Washington, DC.
Dear Mr. Chairman: Our participation in discussions,
sponsored by the Council of the Great City Schools on the
reauthorization of IDEA, has led us to include that the bill
represents a step forward in service for children with
special needs. We recommend adoption of the present IDEA
reauthorization.
We have expressed our suggestions through the Council of
the Great City Schools, for certain clarifications in wording
as well as potential issues regarding over regulation.
Despite these reservations, we do believe that this
legislation, particularly its modification of financial
assignments, will help us to better serve the school children
of Philadelphia.
We recommend your full support to bring the presently
drafted IDEA reauthorization to law.
Sincerely,
David W. Hornbeck, Superintendent.
[[Page H2533]]
____
Boston Public Schools,
Boston, MA, May 6, 1997.
Hon. William Goodling,
Chairman, Committee on Education and the Workforce, House of
Representatives, Washington, DC.
Dear Mr. Chairman: As Superintendent of the Boston Public
School District, I write to support H.R. 5, the IDEA
Reauthorization bill, based on the drafts and explanations
which we have received to date.
Together with a number of other major school districts
across the country, our staff came to Washington for two days
last week to review the work product of the IDEA Working
Group. Although in any sizable draft piece of legislation or
legislative analysis there will be issues which produce
concern, overall the bill appears balanced and fair. It seems
to be a workable revision of this landmark Act, which if not
over-regulated, would be an improvement to current law. Some
costly requirements have been removed or modified from
current law, and some of the financial burdens now shouldered
by local school districts appear to have been relieved. These
revisions should result in improvement of services for
disabled children and a more manageable special education
program in general.
I encourage you to expeditiously move this IDEA
Reauthorization through the legislative process without
changing the substantive provisions which have produced this
balanced bill.
Sincerely,
Thomas W. Payzant, Superintendent.
____
The Arc of the United States,
Governmental Affairs Office,
Washington, DC, May 5, 1997.
Congressman Bill Goodling,
Chairman, Committee on Education and the Workforce, Rayburn
House Office Building, Washington, DC.
Dear Chairman Goodling: The Arc, the nation's leading
organization advocating for children and adults with mental
retardation and their families, has great interest in the
reauthorization of the Individuals with Disabilities
Education Act. More than 10% of students with disabilities
served by IDEA have the label mental retardation.
The Arc wishes to convey its deep appreciation to you and
your staff, particularly Sally Lovejoy and Todd Jones, for
your untiring efforts to achieve the reauthorization of this
vital law.
A review of the IDEA Staff Working Group draft in
circulation as of today reveals some changes in the law that,
if enacted, would improve educational opportunities for
students with mental retardation. The Arc appreciates
especially the removal from the draft bill of provisions
regarding the cessation of educational services and the
disciplining of students with disabilities alleged to be
``disruptive''. Other modifications may not be so clearly
beneficial or may even be detrimental.
Although each provision in this bill requires scrutiny, it
is important that the bill as a whole be assessed.
Consequently, taken as a whole, The Arc has determined that
the bill is balanced. Thus, we urge this Congress to
reauthorize IDEA in accordance with the bill as developed by
the Working Group.
Sincerely,
Quincy Abbot,
President.
____
National Down Syndrome Society,
New York, NY, May 6, 1997.
Hon. William F. Goodling,
U.S. House of Representatives, Rayburn Office Building,
Washington, DC.
Dear Congressman Goodling: Thank you for your continued
efforts on behalf of reauthorizing the Individuals with
Disabilities Education Act (IDEA). The consensus process
initiated last year under your leadership has now culminated
in a bill with bipartisan, bicameral support. You and your
staffs continued involvement and hard work to achieve
agreement on the IDEA reauthorization are very much
appreciated.
The proposed bill, circulated by the IDEA Working Group on
May 2, contains a number of important provisions that will
improve educational outcomes for students, strengthen
accountability, and increase parental participation. While we
do have concerns about certain provisions of the bill,
particularly some of the changes to personnel standards and
discipline, we recognize that this legislation represents a
delicate balance of competing concerns and interests. Taken
as a whole, it represents a fair balance among those
interests and should be passed.
In closing, please note that our organization, the National
Down Syndrome Society, is separate from the National Down
Syndrome Congress. Due to the similarity of the names, these
two organizations are sometimes confused. Thank you again for
your work to reauthorize the IDEA. We look forward to
continuing to work with you and your staff through the
legislative process.
Sincerely,
Elizabeth Goodwin,
President.
____
National Association of
School Psychologists,
Bethesda, MD, May 6, 1997.
Hon. William Goodling,
Chairman, House Education and Workforce Committee, U.S. House
of Representatives, Washington, DC.
Dear Chairman Goodling: The National Association of School
Psychologist commends your leadership in establishing the
historic consensus building in the drafting of legislative
language for the amendments to and reauthorization of IDEA.
This historic, cooperative effort produced legislation which
has the potential for improving the educational results for
all our children and youth with disabilities. It shows that
Republicans and Democrats under your leadership, in
cooperation with Assistant Secretary Judith Heumann, can
produce positive, family-friendly legislation with a focus on
positive academic and behavioral results for children with
disabilities.
The National Association of School Psychologists will
strive to turn this legislation into practice through school
based teamwork with parents, teachers and administrators that
ensures effective evaluations, instructional and behavioral
interventions, measurement and analysis of results, and
careful concern for individualization, inclusion and non-
biased services. We will partner with others to ensure that
all children will be educated in schools and classrooms that
are safe and conducive to learning for all. School
psychologists, working with others, will assist teachers,
design and provide interventions to help all children with
disabilities reach their goals and ensure that those children
with challenging behaviors will be supportively educated with
their peers as this law intends.
We thank the Committee and its leadership for truly making
a good law better by improving the focus on results. We look
forward to effective implementation, ongoing meaningful
monitoring, and researched findings leading toward national
best practices for the more than five million children served
under IDEA.
Sincerely,
Kevin P. Dwyer,
NCSP, Assistant Executive Director.
____
May 6, 1997.
Congressman William F. Goodling,
Chairman, Committee on Education and the Workforce, U.S.
House of Representatives, Rayburn Building, Washington,
DC.
Dear Mr. Goodling: I am writing to commend you and to
express my gratitude to you, particularly you, but also to
your colleagues in the House of Representatives and the
Senate, for the courage you have exhibited in creating the
Individual With Disabilities Education Act (IDEA) Working
Group and the IDEA Working Group process. In developing an
admirably fair and democratic discussion open to the
organizations and individuals interested in the IDEA, the
final product is a draft piece of legislation that focuses on
achieving strong educational outcomes of children. The bill,
if enacted, will allow increased fiscal flexibility as well
as greater school-based innovation and accountability. I
strongly urge you to support the passage of this bill.
Sincerely,
Madeleine C. Will,
Former Assistant Secretary,
Reagan Administration.
____
American Psychological Association,
Washington, DC, May 7, 1997.
Hon. Trent Lott,
U.S. Senate,
Washington, DC.
Dear Senator Lott: On behalf of the American Psychological
Association (APA), its 151,000 members and affiliates, and
the families and children they serve, I would like to commend
the Working Group on the Individuals with Disabilities
Education Act (IDEA) for the thoughtful effort that has gone
into developing the current IDEA draft. APA appreciates that
the draft represents significant effort on the Working
Group's part to balance the sometimes conflicting needs of
various interest groups toward timely reauthorization of this
important Act.
APA is particularly pleased with several provisions of the
draft language. These include:
Provisions that enable children under age nine to obtain
special education and related services upon manifestation of
a developmental delay and without the need for disability
labelling;
Provisions that guarantee continuation of free and
appropriate public educational services for children with
disabilities regardless of their placement;
The requirement that states establish voluntary mediation
procedures prior to due process hearings;
The elimination of the nebulous category of ``seriously
disruptive'' as justification for suspension or expulsion of
a child with a disability;
The elimination of cessation of services as an appropriate
option for discipline of children with disabilities;
The attempts to increase the participation of students with
disabilities in state and district-wide assessments; and
The provisions surrounding the conduct of evaluations that
emphasize the need for a variety of assessment tools and
strategies, the use of multiple measures, and the assessment
of cognitive and behavioral factors in addition to physical
and developmental factors.
These changes enable APA to support the draft, with the
following modifications suggested.
(1) Qualifications of supervisors of paraprofessionals need
to be specified. In Section 612(15)(C) the Working Group
draft allows appropriately trained paraprofessionals who are
supervised to provide special education and related services
in areas where personnel
[[Page H2534]]
shortages occur. The language does not, however, specify that
supervisors of paraprofessionals should be qualified (i.e.,
certified or licensed) service providers and should only
supervise paraprofessionals in their own discipline. Adding
this requirement (A) enhances and ensures the quality of
service, and (B) reduces cost and potential liability from
due process proceedings alleging inaccurate diagnosis or
inappropriate treatment and placement provided by less than
qualified service providers.
(2) Individual IEP team members should be restricted to
interpretation of assessment results for which they are
qualified (i.e., discipline-specific). Section 614(a)(4)(A)
calls for the determination of disability to be made by a
team of qualified professionals (i.e., the IEP team). Section
614(d)(1)(B)(v) requires that an individual who can interpret
the instructional implications of the assessment results be
included in the IEP team. Although it seems that the Act's
intent is for the composition of the IEP team to include
professionals qualified to interpret assessment results in
their respective areas of qualification (e.g., a medical
professional to interpret medical findings, a psychologist to
interpret psychological findings), the existing language does
not clearly or sufficiently specify this intent.
A specific requirement that qualified assessment
professionals be included in the IEP team and interpret and
apply assessment findings only within their respective
disciplines will ensure cost-effectiveness in IEP diagnosis,
treatment planning, and placement by (A) ensuring accurate
assessment interpretation and application, and (B) reducing
potential due process liability resulting from allegations of
inappropriate interpretation and application of assessment
data. Furthermore, if appropriately qualified assessment
professionals are included in the IEP team, their expertise
also will be cost-effective for interpreting and applying
assessment findings for disciplinary manifestation
determinations.
On behalf of the APA and children with and without
disabilities and the adults who care for them, I thank you
for your tireless efforts toward achieving a balanced IDEA
draft. Please feel free to contact me if APA can be of any
assistance as IDEA continues through the legislative and
regulatory process.
Sincerely,
Raymond D. Fowler, Ph.D.,
Executive Vice President and
Chief Executive Officer.
____
American Bar Association,
Governmental Affairs Office,
Washington, DC, May 12, 1997.
Hon. William F. Goodling,
U.S. House of Representatives,
Washington, DC.
Dear Rep. Goodling: I am writing on behalf of the American
Bar Association to express our strong support for H.R. 5,
legislation approved by the House Committee on Education and
the Workforce May 7, 1997, to reauthorize the Individuals
with Disabilities Education Act (IDEA). We applaud your
leadership in particular in working to resolve differences
that had stalled action on the reauthorization of IDEA for
over a year, and we urge the Senate to support the bill that
has now come forward.
IDEA is an essential component of the federal government's
commitment to the civil rights of persons with disabilities.
Like other civil statutes, IDEA provides legal recourse for
parents of children with disabilities when school districts
refuse to comply with the law. Under current law, parents are
entitled to a due process hearing to challenge the
identification, evaluation and educational placement of their
child.
The ABA supports the proposed provision in H.R. 5 to expand
the Act's due process guarantees to include a right to pursue
a claim through mediation. If properly implemented, mediation
can be a cost-effective form of alternative dispute
resolution. However, proper implementation requires that the
mediation process include adequate safeguards to protect the
constitutional rights of students with disabilities to a free
appropriate education. In this regard, the Education and the
Workforce-reported bill is a distinct improvement on previous
versions of IDEA reauthorization legislation. It permits
parents to participate in mediation with their attorneys
present. Previous bills would have removed attorneys from
participation in a mediation or allowed their participation
only at a second mediation, which we believe would have
limited the efficacy and usefulness of the process. This
change is consistent with our own experience in successful
mediation. Our ABA Section of Dispute Resolution advises that
mediation is more successful when there is the opportunity
for voluntary participation by all individuals who are
essential to resolving the dispute. It is important that the
mediator ensure that the individuals necessary for the
effective resolution of the matter participate in the first
mediation.
Attorneys who represent a party are essential for a full
and fair airing of the dispute and to arrive at an agreement.
Clearly, this version of the bill will yield more favorable
results in the mediation of these disputes.
The ABA strongly supports reauthorization of IDEA with
expanded mediation opportunities. IDEA expresses the clear
intent of Congress that children with mental, physical, or
emotional disabilities should receive free appropriate public
education. The Act also includes administrative and judicial
remedies to protect the educational rights of children with
disabilities and the rights of their parents or guardians to
informed decision-making and participation in the provision
of appropriate educational opportunities for their children.
Your leadership and the hard work of your staff and many
others has produced a strong, worthy bill, and we urge the
strong support of the House for H.R. 5 and prompt
reauthorization of IDEA.
Sincerely,
Robert D. Evans.
____
May 6, 1997.
Hon. William F. Goodling,
U.S. House of Representatives, Rayburn Office Building,
Washington, DC.
Dear Congressman Goodling: We, the undersigned national
organizations, wish to commend the Members of Congress and
their staff for their extraordinary efforts to reauthorize
the Individuals with Disabilities Education Act. The bill as
drafted by the IDEA Working Group as circulated on May 2 is,
on the whole, fair and balanced legislation and should be
adopted.
On behalf of:
National Parent Network on Diabilities.
Learning Disabilities Association.
The Arc.
National Easter Seal Society.
American Association of School Administrators.
National Education Association.
Autism Society of America.
National Association of the Deaf.
National Down Syndrome Society.
Epilepsy Foundation of America.
American Academy of Child & Adolescent Psychiatry.
American Association of University Affilated Programs.
American Foundation for the Blind.
American Physical Therapy Association.
American Speech-Language-Hearing Association.
Association for Education & Rehabilitation of the Blind and
Visually Impaired.
National Association of Developmental Disabilities
Councils.
National Association of Protection and Advocacy.
National Association of School Phychologists.
National Association of State Directors of Special
Education.
National Coalition on Deaf-Blindness.
National Mental Health Association.
Mr. CLAY. Mr. Speaker, I yield myself 3 minutes.
Mr. Speaker, since the 104th Congress our committee has sought to
reauthorize the Individuals with Disabilities in Education Act,
particularly because it supports vitally important discretionary and
early intervention programs for disabled children and their families.
That objective has been a most daunting task, but today I am proud that
we are one giant step closer to our goal. The bill before us not only
reauthorizes the core of IDEA, but it also significantly builds and
improves upon existing law.
Mr. Speaker, before IDEA was enacted in 1975, almost 2 million
children with disabilities were denied a basic education.
{time} 1430
Another 2\1/2\ million received grossly inadequate educational
services; 25 years ago, millions of American children were effectively
denied the basic dignity of an education simply because they were
disabled.
Mr. Speaker, today some 6 million children are educated under IDEA
and they are able to enjoy productive, meaningful lives. There are many
outstanding aspects of this reauthorization bill. It strengthens the
role of parents in their children's education, it guarantees that
educational services for even the most troubled children will continue,
it maintains high personnel standards, and it provides for a
nonadversarial context in which parents and school officials can
voluntarily mediate their disputes.
Mr. Speaker, achievement of this consensus bill before us today is a
truly remarkable example of what we can accomplish when we work
together, Democrats and Republicans, the Congress and the
administration, when we work together to address the needs of the most
vulnerable in our society.
I wish to thank my House colleagues, particularly the chairman, the
gentleman from Pennsylvania [Mr. Goodling], the gentleman from
California [Mr. Riggs], and the gentleman from California [Mr.
Martinez] for their leadership and commitment to make this process
work. In addition, I also want to thank the respective staffs for their
dedication to this task.
As my colleagues consider this bill today, let me remind them that it
represents a very delicate compromise meant to balance the various
concerns of many who care deeply about the children and the families
affected by
[[Page H2535]]
IDEA. I know that Chairman Goodling and I have received many letters of
support and encouragement from education and disability groups, as well
as from parent organizations and individual parents. We very much
appreciate their kind words.
Mr. Speaker, I urge my colleagues to support this remarkable
legislation.
Mr. CLAY. Mr. Speaker, I yield 5 minutes to the gentleman from
California [Mr. Riggs], the subcommittee chairman, who worked long and
hard on the legislation.
Mr. RIGGS. Mr. Speaker, today is truly a remarkable and historic day.
It is, I guess, a real tribute to the hard work of our staffs on a
bipartisan basis that we could bring this bill, reforming and improving
the landmark Federal civil rights and special education statute to the
House floor under suspension of the rules, and I want to salute all
involved.
As Chairman Goodling has said, the Individuals with Disabilities
Education Act will help children with disabilities by focusing on their
education instead of process and bureaucracy, by increasing the
participation and the role of parents in the education of their
children, and by giving teachers the tools that they need to teach all
children.
Let me just explain that the bill that we are considering on the
floor today improves the connection of students with disabilities to
the regular education curriculum and provides for increased
accountability for educational results. It is really significant that
we are changing the focus of the bill by raising expectations for the
educational achievement for all students, especially those with
learning disabilities.
States under the legislation must establish goals for the performance
of children with disabilities and develop indicators to judge their
progress. A child's individualized educational program, otherwise known
as an IEP, will focus on meaningful and measurable annual goals.
Children's IEP teams will include, to the extent appropriate, their
regular education teacher. Where localities or States use assessment
instruments, children with disabilities will either be included in
those assessments or be given alternate assessments to meet their
needs. Educational accountability also means informing parents about
the educational progress of their children.
Under the IDEA amendments of 1997, parents of children with
disabilities will be informed about the educational progress of their
children as often as parents of children without disabilities. But even
more fundamental than that, parents will be assured the ability to
participate in all IEP team decisions, including those related to the
placement of their child and the development of the IEP itself. Parents
will also be able to access all records relating to their child,
including evaluations and recommendations based on those records.
The chairman mentioned the improvements that we are making in the
area of mediation and school discipline policies. I also mentioned that
this bill will ensure that teachers have the tools to teach all
children. Specifically, the bill will shift decisions on the
expenditure of Federal training funds from the Federal Government to
States and localities. That change will mean more general and special
education teachers receiving the in-service training that they need
instead of preservice training for special educators that universities
desire. So we are shifting the focus more again to staff development
and in-service training rather than teacher education in the colleges
and universities.
Finally, I would like to mention two other areas that have required
attention in the bill. One is the support for charter schools. First,
charter schools that are recognized or chartered as their own local
education agency, LEA, may opt to be merged into larger LEAs unless the
State law specifically prevents this.
Second, non-LEA charter schools, public choice schools, must receive
IDEA funds in the same manner as other schools in the same LEA. Third,
charter schools are eligible for State discretionary program grant
funds under the amendments.
I am also pleased, Mr. Speaker, to report that the bill clarifies,
this is a very important point, particularly to my home State of
California, it clarifies how services are to be provided to individuals
in adult prisons who have been tried and convicted as adults.
A State may now delegate its obligation to oversee prison education
to the prison system or the State adult correctional department.
Standards relating to IDEA services, placement, and paperwork may also
be relaxed to acknowledge the unique security requirements of the
prison environment. This bill also allows States, at their discretion,
to deny services for adult prisoners while forfeiting only the pro rata
share of Federal funding for that small segment of the total IDEA
eligible population.
So if this bill becomes law and California decides to deny services
to adult prison inmates, the U.S. Department of Education can only
reduce California's total Federal allocation by a small percentage
instead of withholding the entire allocation, as the department is
currently threatening to do.
As the chairman said, this bill represents an unprecedented
bipartisan, bicameral effort, bringing together folks on all sides of
this issue. I too want to salute the staff for their many, many hours
of hard work and say, Mr. Speaker, in conclusion, that this is a bill
we can be very proud of. It is a good bill for students with
disabilities, their parents, teachers, principals, and school board
members. I urge my colleagues to support H.R. 5 today.
Mr. CLAY. Mr. Speaker, I yield 3\1/2\ minutes to the gentleman from
California [Mr. Martinez].
(Mr. MARTINEZ asked and was given permission to revise and extend his
remarks.)
Mr. MARTINEZ. Mr. Speaker, I thank the gentleman from Missouri for
yielding the time.
Mr. Speaker, I am extremely pleased to join with the Members on the
floor today on both sides of the aisle in supporting this important and
historic piece of legislation, historic because of the cooperation of
all parties involved. This reauthorization is the product of over 2
years of work. But unlike the past 2 years, the most recent 2\1/2\
months of negotiations were bipartisan. As has been said before, these
negotiations were aimed at maintaining the safeguards provided in
current law and making modifications where the last 22 years has shown
the need for change.
The discussions between House and Senate Democrats and Republicans
and the administration began with current law as its starting point.
Careful consideration was given to the provisions of the current
statute and, where necessary, it was amended to reflect the current
difficulties in providing children with disabilities a free and
appropriate public education.
Since this law is an extremely important civil rights initiative, I
can assure my colleagues that the test used to modify current law was
extremely high. This bill before us today makes several much needed
changes to current law.
Included in this reauthorization are an affirmative statement barring
the cessation of educational services for children with disabilities;
provisions requiring that alternative educational settings be designed
to allow the child to progress in the general education curriculum; and
mediation which is voluntary with respect to the participation of both
schools, parents and all those involved. Also included in this bill is
the maintenance of high personnel standards, and improved enforcement
provisions designed to give the Department of Education and the States
the ability to require proper implementation of the act.
Specifically, this bill makes several significant changes to current
law, including a change in the Federal funding formula from one
directed by child count to a formula based on population and poverty. I
want to stress that no one should view this change in Federal formula
to reflect the lack of need to identify children with disabilities.
Under the act, States and localities will still be charged with
identifying children with disabilities and providing proper educational
and related services. In addition, the bill also makes changes
regarding the mandate that States serve juveniles in adult correctional
facilities.
While the bill before us today provides several exemptions for
serving disabled children in adult correction facilities, States will
still be required to serve those who had an individualized education
program in their last
[[Page H2536]]
educational placement. Members need to understand that disabled
children do not often go straight from school to jail. However, the
high dropout rate of children with disabilities often lead to these
individuals encountering our justice system.
Fortunately, the provisions in this bill will ensure that those
children who drop out and then get into difficulties with our justice
system will continue to be served in adult correctional facilities.
Like those who have gone before me, I want to thank the Members that
have worked on this bill: the chairmen, the gentleman from Pennsylvania
[Mr. Goodling] and the gentleman from California [Mr. Riggs], the
ranking member, the gentleman from Missouri [Mr. Clay], the gentleman
from California [Mr. Miller], the gentleman from Missouri [Mr. Kildee],
the gentleman from Virginia [Mr. Scott], the gentleman from Delaware
[Mr. Castle], and the gentleman from South Carolina [Mr. Graham].
The contributions of these Members and their staffs to this measure
were essential to creating its carefully balanced nature. The staff in
particular worked long into the night and on weekends, and this effort
should not go unnoticed.
In total, Members need to remember this measure is a carefully
crafted compromise that means that both sides have to negotiate with
the aim of finding a middle ground upon which we could agree. This bill
is reflective of this throughout the provisions it contains because it
contains provisions from both sides of the aisle.
While the bill before us provides several exemptions for serving
disabled children at adult correctional facilities, States will still
be required to serve those individuals who had individualized education
programs in the last educational placement.
Mr. Speaker, this bill is one that deserves the merit and support of
all the Members of Congress, and I urge all my colleagues to support
this bill.
Mr. RIGGS. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from
Delaware [Mr. Castle].
Mr. CASTLE. Mr. Speaker, I thank the gentleman for yielding. The
Individuals with Disability 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. This legislation is critically important to
millions of disabled children in America, not to mention their
families, their friends, and their teachers. This law, however, has had
unintended and costly consequences.
For example, it has resulted in children being labeled as disabled
when they were not. It has resulted in school districts unnecessarily
paying expensive private school tuition for children. It has resulted
in cases where lawyers have gamed the system to the detriment of
schools and children. It has resulted in unsafe schools where teachers
and administrators cannot discipline or remove violent disabled
students.
While this consensus bill does not contain everything I would like, I
give it my strong endorsement. It contains a number of important
reforms that address some of current law's unintended and costly
consequences. To save Members the trouble of reading this 100-plus page
bill and pulling out specific reforms themselves, I have compiled the
following top 10 list of reasons to support the bill, and I would
deliver it David Letterman style:
No. 10. This bill encourages use of mediation, promoting cost-
effective resolution of conflicts.
No. 9. This bill makes it harder for parents to unilaterally place a
child in elite private schools at public taxpayer expense, lowering
costs to local school districts.
No. 8. This bill sends more money to local schools, alleviating their
financial burdens.
No. 7. This bill modifies attorneys' fees, reducing litigation and
eliminating the incentive that lawyers have to try and game the system.
No. 6. This bill makes changes to the formula, reducing incentives to
overidentify children.
No. 5. This bill prevents the identification of children as disabled
if they actually have reading problems instead, also reducing
overidentification of children with disabilities.
No. 4. This bill eliminates the two-track disciplinary system in
schools, making schools safer and more conducive to learning.
No. 3. This bill gives parents access to more information, empowering
parents to become more involved in their child's education.
No. 2. This bill reduces paperwork requirements, lessening the amount
of time wasted filling out mind-numbing forms.
No. 1. This bill protects the rights of disabled children to receive
a free, appropriate, public school education, assisting them in their
efforts to become productive and fulfilled adults.
{time} 1445
The committee had an important opportunity to approve 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. I urge my colleagues to
give this bill their support.
Mr. CLAY. Mr. Speaker, I yield 3 minutes to the gentleman from
California [Mr. Miller].
(Mr. MILLER of California asked and was given permission to revise
and extend his remarks.)
Mr. MILLER of California. Mr. Speaker, I thank the gentleman for
yielding me the time.
I am pleased to join my colleagues in both parties today in support
of this remarkable achievement on behalf of children with disabilities
and their families. I have always believed that it is an honor and a
privilege to serve in Congress. I believed that 23 years ago when I was
one of the original coauthors of this legislation, and I believe that
today as we seek to revise this legislation to make it meet the needs
of both our children and the school districts which educate them.
We had some very serious disagreements when we started this process
two years ago and at that time we had several critical points that
prevented us from coming together. I believed then and still believe
that all children regardless of the nature or severity of their
disability must be guaranteed a free and appropriate education and that
no child should be denied an education. I believed then and still
believe that the treatment of children with disabilities should be
guided by what we know about the nature of the child's disability and
its effect on his or her behavior. I believed then and still believe
that parents are entitled to pursue all legal avenues available for
them to ensure that the child is treated fairly. Unfortunately, some
have argued for provisions which would have curtailed or severely
diminished these rights. I am pleased that the bill before us maintains
the fundamental rights we established in that groundbreaking law 23
years ago.
This progress was not easy. We had to overcome some real and
difficult disagreements. Those of us who believed the rights of the
children and parents were going to suffer were able to work with our
colleagues in Congress who saw the issue differently and were able to
agree that the rights should be protected. What we strove to achieve
and what I believe we accomplished is a bill that protects the rights
of children with disabilities and at the same time fosters cooperation
between parents, teachers, school boards, administrators, and State and
local agencies to help ensure that each recognizes their
responsibilities and that each must make a commitment to work
collaboratively to serve the best interests of all children.
Mr. Speaker, during our deliberations on this act, I received in the
mail a letter from an old friend of mine, retired Superior Court Judge
Robert J. Cooney, enclosing a book written by his son Peter describing
what life was like for a child with Down's syndrome and for that child
as he becomes an adult and seeks his place in American society. Over
the years I have had the opportunity to watch Peter grow as he
progressed through school, participated in the Special Olympics and
achieved greater and greater independence.
Peter makes it clear in his book the importance of family and
available resources. He says it is the love of parents and others that
make a person special. We need help sometimes. Parents and teachers and
counselors should help us when we need their help,
[[Page H2537]]
but do not do too much for us. Some counselors need to think of us as
special. Part of their job is helping us become independent.
Peter is now 32 years old, lives in a residential facility, and works
in the food service business at Cosumnes River College in Sacramento
when he is not attending his book signings.
Mr. Speaker, this legislation is about empowering parents and
students to be able to get the best education they can so that, like
Peter, they will have a chance to participate fully in American
society.
Before this law, Mr. Speaker, was on the books more than a million
children with disabilities were not allowed to be educated. This
rewrite makes sure that they continue to have those rights.
Mr. GOODLING. Mr. Speaker, I yield 1 minute the gentleman from
California [Mr. McKeon], subcommittee chairman.
Mr. McKEON. Mr. Speaker, I thank the gentleman for yielding me the
time.
I rise today in support of H.R. 5, the Individuals with Disabilities
Education Amendments Act. This legislation is a result of several years
work with input from individuals and organizations representing the
disabled, the education community, and parents. The outcome of this
great effort is legislation that will substantially improve the current
system of education for the disabled. In fact, this is the first major
overhaul of the IDEA legislation in over 20 years. I commend the
gentleman from Pennsylvania [Mr. Goodling], the gentleman from
California [Mr. Riggs] and all the Members involved in this vast
undertaking.
H.R. 5 contains key reforms which increase parent participation,
better connect students to the regular curriculum, provide support for
the unique needs of individual students, provide more dollars to the
classroom, reduce the costs of litigation, and reduce paperwork and
process costs. There is no question these reforms will create a better
system. I ask all to support the passage of this bill.
Mr. CLAY. Mr. Speaker, I yield 2 minutes to the gentleman from
Virginia [Mr. Scott].
Mr. SCOTT. Mr. Speaker, I rise to join my colleagues in strong
support of H.R. 5, the amendments to the Individuals with Disabilities
Education Act, and I want to thank the gentleman from Pennsylvania [Mr.
Goodling], the gentleman from California [Mr. Riggs], the gentleman
from Missouri [Mr. Clay], and the gentleman from California [Mr.
Martinez], ranking Members, and the leadership of the Senate for their
leadership in crafting this truly remarkable bill. This legislation is
extraordinary, not only because of its bipartisan bicameral and
administration support, but also because it improves educational
opportunities for children with disabilities.
With the enactment of the Individuals with Disabilities Education
Act, twenty-two years ago, Congress recognized that 3.5 million of the
children with disabilities in the United States were not receiving
appropriate educational services and more than a million children were
excluded from school altogether.
Today Congress not only reaffirms our commitment to education
generally, but we are also reaffirming our commitment to ensuring that
children with disabilities receive a free and appropriate education.
While some may argue that the price is too high, we know that our
failure to provide appropriate education to any child will cost us even
more in the long run and we know that children with disabilities who do
not complete their education are less likely to be employed, more
likely to rely on public assistance, and substantially more likely to
be involved in crime than those others who complete high school. While
the same can be said for the outcomes of children without disabilities,
research demonstrates that these correlations are even stronger for
children with disabilities.
Today we are here to support H.R. 5, because it significantly moves
us towards fulfilling the promise we set 22 years ago, to provide a
free and appropriate public education for all children with
disabilities. So, Mr. Speaker, I would encourage all of my colleagues
to support this remarkable legislation.
Mr. GOODLING. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman
from Nebraska [Mr. Barrett], another member of the committee.
Mr. BARRETT of Nebraska. Mr. Speaker, I thank the gentleman for
yielding me the time.
Mr. Speaker, ask any school official to identify the one program in
their school in which costs have increased dramatically and that person
will probably identify the special education program. Ask any parents
of a disabled child the greatest source of their frustrations in the
school system and they will probably point to the school's special
education program.
This bill presents schools and parents with needed changes to Federal
mandates that have gone underfunded. The bill would reduce paperwork
and process costs without jeopardizing the educational services needed
by our disabled children. It gives parents and schools the opportunity
to seek mediation of their disputes before heading to costly court
action.
But one particular provision will take an unprecedented step in
Federal education law, by allowing local schools to actually cut back
on their special education spending, once Federal appropriations reach
$4.1 billion, which is $1 billion more than the current appropriations.
I think it is proper to allow schools to relieve themselves somewhat
from the burden of shouldering the cost of an underfunded Federal
mandate. As Federal appropriations will be used to help supplement
local spending, disabled students should not experience a decrease in
their services.
I want to express my deep appreciation to the staff and to the
subcommittee chairman, the gentleman from California [Mr. Riggs] and to
the chairman, the gentleman from Pennsylvania [Mr. Goodling], and to
the majority leader for crafting a bill that will provide relief to
schools and parents and maintain our commitment to the educational
services needed by our disabled children.
Mr. CLAY. Mr. Speaker, I yield 2 minutes to the gentlewoman from New
York [Mrs. McCarthy].
Mrs. McCARTHY of New York. Mr. Speaker, I rise in strong support of
H.R. 5. As someone that has learning disabilities, I knew what it was
like to grow up and not have the educational opportunities. Luckily, my
son was able to go to school and at that time they dealt with learning
disabilities. It was during that time as he went to school I learned
how to read, I learned how to study.
What this bill does is give children hope, certainly, but it gives
them an opportunity to go out in the work field. The most important
thing, though, it does allow the children to have self-esteem, and I
think that is the most important thing.
I stand here because I am a Member of Congress now. I want the
children out there to know, even though you have learning disabilities,
you have a chance to learn and certainly you can do anything with your
life that you want to.
I am pleased that H.R. 5 addresses concerns that my constituents have
raised. It provides financial relief to school districts that struggle
with the high cost of educating students with disabilities. It also
addresses the issues of transportation training, which ensures that
students have access to education and to jobs later in life.
Most of all, I am pleased that this bill is the product of bipartisan
process. Educating children with disabilities is not a Democratic or a
Republican issue, but a priority for all of us that must be addressed.
It has been a pleasure working on this bill with both sides of the
aisle and my colleagues. I think everyone did a wonderful job and
everyone should be commended. But the bottom line is, we have
remembered the children, and they are our best product for this country
and they are the future of this country.
Mr. GOODLING. Mr. Speaker, I yield 1 minute to gentleman from Georgia
[Mr. Deal], another member of the committee.
Mr. DEAL of Georgia. Mr. Speaker, I commend the gentleman and commend
the subcommittee chairman and the staff for their hard work and to the
minority for their hard work in the development of this piece of
legislation.
I rise in support of H.R. 5. As someone who is involved with
education through my wife's teaching in a middle school in my district,
I think that I can share with my colleagues the same concern that most
administrators and
[[Page H2538]]
teachers would say when they consider the Disabilities Act in terms of
its impact on education. That specific area that I wish to touch on is
the area of discipline.
It is indeed difficult to balance and achieve a reasonable balance
between those who suffer from disabilities and those who are being
educated along with them who are not under those disabilities. In the
area of discipline, it is a difficult subject. This bill provides some
necessary relief. Under this legislation, if a child is involved with
drugs or with a weapon and is a disability child, it increases to 45
days the time in which they may be placed in an alternative teaching
environment. It also increases to 45 days the time in which a child
that is involved in a disciplinary problem in which danger to other
children is involved.
Mr. Speaker, I commend the committee and thank the gentleman for
yielding the time to me.
Mr. CLAY. Mr. Speaker, I yield 2 minutes to the gentlewoman from
California [Ms. Sanchez].
Ms. SANCHEZ. Mr. Speaker, I rise to commend my colleagues on the
Committee on Education and the Workforce for their efforts to create
this bipartisan piece of legislation. Reauthorization of the
Individuals With Disabilities Education Act, H.R. 5, was a high
priority for me in this session of Congress. I was proud to be a part
of a bipartisan effort to ensure that 5.8 million disabled children
receive an opportunity to succeed in the classroom.
For students and parents in Orange County, CA, in my hometown, this
bill envisions high expectations and standards for children in special
education by requiring that they participate in State and district
assessments with appropriate accommodations where necessary.
H.R. 5 would expand the authority of school officials to protect the
safety of all of our children in the classroom. In addition, the bill
will allow school districts to get financial relief through new cost
sharing provisions and the reduction of paperwork required from
teachers, from school districts, and from States.
{time} 1500
I urge my colleagues to support this critical piece of legislation
because it affirms that educational services will not be terminated for
any child with a disability.
Mr. GOODLING. Mr. Speaker, I yield 1 minute to the gentleman from
California [Mr. Cunningham].
Mr. CUNNINGHAM. Mr. Speaker, this bill is a monumental bill. My
colleagues on the other side, the gentleman from Missouri [Mr. Clay],
and the rest of them, and the gentleman from Michigan [Mr. Kildee], we
worked on this bill when I was chairman of the subcommittee.
If we look at the difficulty of getting a bill through, between
parent groups and schools, what the committee has done is monumental.
On one hand we have parents that are thrust into an environment they
never planned on having with a special education child and they are
bewildered. On the other side there are the immense costs to the
schools. And to bring those two groups together, I applaud both sides
of the aisle.
I think for the first time we have been able to enhance the amount of
dollars and the services available to these children but, at the same
time, giving the schools the flexibility that they need to handle the
special education needs.
Mr. CLAY. Mr. Speaker, I yield 2 minutes to the gentleman from Ohio
[Mr. Traficant].
Mr. TRAFICANT. Mr. Speaker, I thank the gentleman for yielding me
this time.
I want to compliment the gentleman from Pennsylvania [Mr. Goodling],
the gentleman from California [Mr. Riggs], the gentleman from Missouri
[Mr. Clay], the gentleman from California [Mr. Martinez], and the
gentleman from Michigan [Mr. Kildee], and I want to thank them for
including the language from my Braille Literacy Act that I submitted
several years ago.
Just briefly, in 1968 there were 20,000 visually impaired students;
40 percent could read Braille, 45 percent could read large print. In
1993, there were 50,000 visually impaired students; fewer than 9
percent could read Braille, 27 percent could not read print, and,
Congress, 40 percent of those visually impaired students could not read
either or at all.
I want to thank my colleagues for including language from my bill,
the Braille Literacy Rights for Blind Americans Act. I want to
compliment Tom Anderson, a constituent from my district, for his
efforts in this as well. It basically says in the case of a child who
is blind or visually impaired, it provides for instruction in Braille
and the use of Braille, and also to consider the communication needs of
the child. 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.
I think we have done more with this bill than we may realize. I thank
my colleagues for working with me and including language from my bill.
Mr. GOODLING. Mr. Speaker, I yield 1 minute to the gentlewoman from
Maryland [Mrs. Morella], the gentleman from Ohio's partner on my side
of the aisle and a former teacher.
(Mrs. MORELLA asked and was given permission to revise and extend her
remarks.)
Mrs. MORELLA. Mr. Speaker, I want to thank the gentleman for yielding
me this time. I will speak quickly since I only have 1 minute.
I want to congratulate the gentleman from Pennsylvania [Mr.
Goodling], the gentleman from California [Mr. Riggs], and all the
members of the Committee on Education and the Workforce for their hard
work and perseverance.
This really is a historic bill. What has been done in terms of making
it bicameral and bipartisan, it passed out of both the House and the
Senate committees without one dissenting vote. It will continue to make
it possible for millions of children and youth with disabilities to
gain a meaningful education.
Before IDEA, the vast majority of children with disabilities were
unserved and underserved. IDEA has created a future for these children
with real opportunities and has been a real success in human terms. I
can think of Cecilia Pauley in my district who had Down's syndrome.
With the support of a loving family, she graduated from high school and
is attending college. She could not have done this without IDEA.
The bill on the floor today will help other parents provide that kind
of support for other children just like Cecilia. It encourages parents
to be involved in their children's education, takes into consideration
parental preferences and concerns in the development of an
individualized education plan, which is guaranteed for every child in a
special education program.
I am also pleased they worked out some of the problems we had last
year in terms of providing for alternative settings so that students
with disabilities who are expelled can continue their education. I just
think this is a terrific bill and I ask the support of this entire body
and congratulate all involved, Members and staff.
Mr. CLAY. Mr. Speaker, may I inquire as to how much time is left on
both sides?
The SPEAKER pro tempore (Mr. Pease). The gentleman from Missouri [Mr.
Clay] has 3\1/2\ minutes remaining, and the gentleman from Pennsylvania
[Mr. Goodling] has 3 minutes.
Mr. CLAY. Mr. Speaker, I yield the balance of my time to the
gentleman from Guam [Mr. Underwood].
Mr. UNDERWOOD. Mr. Speaker, I thank the gentleman for yielding me
this time.
Today, Mr. Speaker, I rise in support of the reauthorization of the
act, and I am very pleased this Congress has been able to develop a
bipartisan bill. I am especially pleased that the territories and
freely associated states were appropriately considered and included in
the crafting of funding mechanisms.
Disabled students and their parents on Guam and in the other
territories are as eager for access to quality education as their peers
in the States, and they certainly need the same tools as their peers to
succeed academically. Access to quality education and a chance to
succeed is all our students want, whether they are disabled or not.
The reauthorization of IDEA will go a long way in providing this
opportunity, and I am proud to support this very bipartisan effort. I
want to congratulate Members and staffs on both sides of the aisle who
have worked out a compromise on the inclusion of the
[[Page H2539]]
territories and the three freely associated states, the Republic of
Palau, the Republic of the Marshall Islands and the Federated States of
Micronesia, in this important legislation.
Sometimes it certainly seems to those of us in the islands that there
are as many funding strategies as there are Federal programs, and this
is especially true for us. The chairman may remember discussions I have
had with him about this issue during the 104th Congress, and I thank
him for his efforts in this regard.
H.R. 5 allows the territories to take advantage and participate in
any increases in appropriations while providing funds for the freely
associated states through a competition with the Pacific territories
for the next 4 years. While I have continuing concerns about using a
nongovernment entity as a broker of funds intended for areas in which
there are some very complex relationships, I certainly support the
intent of this funding.
I am informed that this mechanism will also be used as a model for
future education and training legislation in an effort to clarify the
patchwork nature of territorial funding.
I congratulate the chairman and ranking member on their successful
bipartisan effort, and I urge my colleagues to approve H.R. 5 on behalf
of our children, whether they are in urban centers or suburbs or rural
areas, or what we sometimes think of as very faraway islands,
especially in those islands, areas where specialized services are rare
or simply unavailable.
Mr. GOODLING. Mr. Speaker, I yield myself the balance of my time, and
I would close by merely again thanking all on both sides of the aisle
for all their efforts to put together this bipartisan, bicameral bill,
and all those from the outside who worked diligently to bring this
about.
I should mention Sally Lovejoy on the staff, who has been at this
legislation for 13 years. So we want to pay tribute to her. She is only
25, but she has been at the legislation for 13 years.
Mr. FRELINGHUYSEN. Mr. Speaker, I rise to commend the House of
Representatives on considering H.R. 5, a bill to reauthorize and reform
the Individuals With Disabilities Act [IDEA]. This bill renews and
strengthens our promise to children with disabilities and their
families that they will receive an education equal to that of their
peers.
While the original IDEA legislation was critical in opening up
educational opportunities to disabled students and enhancing efforts to
include them in classes with other students, this legislation continues
the commitment of the previous Congress to address the issue of
actually providing adequate resources to individual States in educating
children with disabilities. Last year, the Appropriations Committee, of
which I am a member, increased funding for IDEA by almost $800 million
to $3.1 billion for fiscal year 1997, the most in IDEA's history. H.R.
5 authorizes a $1 billion increase for IDEA in fiscal year 1998 and,
within 7 years, funding for the program increases to $11 billion.
This bill, if enacted, will also improve the way States, schools,
teachers, and parents work together to provide better education for
children with disabilities. The new IDEA reform legislation will help
children with disabilities by focusing on their education, instead of
process and bureaucracy. It will also give parents increased
participation and give teachers the tolls they need to teach all
children. Moreover, this bipartisan legislation fulfills a proper
Federal responsibility of protecting individual rights by insuring that
children with disabilities have an equal opportunity to learn and
succeed.
Although there were a number of contentious issues involved while
drafting H.R. 5, Chairman Goodling did a tremendous job of leading a
bipartisan efforts in working with the many organizations representing
the concerns of individuals with disabilities, their families and
teachers, as well as school administrators and nurses. Today's vote in
support of the IDEA reauthorization is a testament to the bipartisan
and overwhelming support of this House to the needs of children with
disabilities.
Mr. CONDIT. Mr. Speaker, I rise today to alert you to my concerns
with certain provisions contained in H.R. 5, the Individuals With
Disabilities Act Amendments of 1997.
Specifically, I am opposed to the provisions in this bill that
require States to provide special education services to disabled
individuals aged 16 to 21 who are incarcerated. I have always been
supportive of an all out effort to provide educators with the necessary
resources to properly train and educate those with disabilities. For
this reason, I must object to requiring States to spend their scare
education resources to serve prisoners.
As you may be aware, both the Governor of California and California's
legislative bodies have registered their disapproval of provisions
mandating that the State provide special education services to
convicted felons. While there may be prisoners who would benefit from
such services, the States ought to be trusted to make this decision on
their own. Equally disturbing is the provision allowing the Department
of Education to penalize States who fail to comply with this
requirement by withholding all special education money granted to a
State.
Notwithstanding my objections to these provisions, the overall merits
of H.R. 5 warrant my support at this time. The objectionable provisions
must be revisited by Congress.
Chairman Bill Goodling, Representative Bill Clay, Representative
Frank Riggs, and Representative Matthew Martinez are to be commended
for expediting this reauthorization process and I look forward to
working with all of them to address the concerns raised by the State of
California.
Mr. DUNCAN. Mr. Speaker, I rise in support of this legislation which
makes some very important changes to the Individuals With Disabilities
Education Act.
We need to do our very best in educating the young people in our
country. In addition, I believe we especially need to help those with
disabilities.
I admire the people who work very closely with these children on a
daily basis. In fact, I would say that these are the people who, along
with the parents, are most concerned with how this program is
operating. They feel that too much money has been wasted in legal fees.
Instead, they would like to see much more of the funding go directly to
helping these special students. I agree.
A few years ago, I met with a school superintendent from my district,
Allen Morgan, and one of his main concerns was the cost of legal fees
associated with this program. As a result, on August 5, 1993, I
introduced H.R. 2882, which would have reduced the amount of money
school systems have to spend for attorney fees. Do you want the money
spent on lawyers or on severely disabled students?
Under the legislation I introduced, State and local education
agencies would not have had to pay attorney fees for preliminary
administrative hearings and negotiations. This would have saved many
millions of dollars across the country. However, it would still have
allowed parents who prevailed in a civil action to be reimbursed for
legal expenses. I am pleased to know that the authors of this bill have
included similar language in this legislation.
The bill on the floor today will save direly needed funds for
educating the disabled by reducing the amount of money spent on overly
excessive attorney fees. I urge my colleagues to support this
legislation which will help get more money to the children who need it
the most.
Mrs. ROUKEMA. Mr. Speaker, I rise today to clarify some of the
language in the Individuals With Disabilities Education Act that we are
looking to enact into law today. This is a much needed piece of
legislation which has been created with the participation and
consideration of a large variety of interests. We should be proud of
this historic moment.
The section I would like to clarify involves personnel standards.
This section has some potentially unclear language, which I would like
to make clear. When the bill refers to the qualified individual who
must be making satisfactory progress toward completing applicable
course work necessary to meet the standards described earlier in the
legislation, it is referring to the standards that are consistent with
State law applicable to the profession or discipline. This
clarification is important to answer an confusion that may arise.
Mr. GOODE. Mr. Speaker, today, with reservations, I support H.R. 5,
the Individuals With Disabilities Education Act Improvement Act of
1997.
Even before I came to Congress in January of this year, local school
administrators and school board members from my home in Franklin
County, VA, had alerted me to the grave fiscal dilemma they face in
attempting to comply with IDEA. These local school officials and many
of their colleagues in similar rural areas are finding it increasingly
difficult to meet the needs of students with disabilities because of
inadequate Federal funding and overly stringent Federal restrictions.
These local officials are sincere in their commitment to provide an
education to every young person that they serve, whether that person is
faced with a disability or not. They are, however, increasingly
confronted with nearly impossible dilemmas as the costs of special
education rapidly increase. With this bipartisan bill, we will give
these dedicated local officials some relief and will begin to meet the
commitment to the level of funding that Congress made to States and
localities when IDEA was enacted.
There is one section of this bill that does trouble me. In some
instances, a student may
[[Page H2540]]
engage in egregious misconduct that would result in expulsion except
that such student is covered by IDEA. In those instances, I believe
expulsion is merited and should be left to policies developed by the
States and the localities. On February 5, 1997, the Circuit Court of
Appeals for the Fourth Circuit ruled that the U.S. Department of
Education was without authority to condition receipt by the
Commonwealth of Virginia of IDEA funding on the continued provision of
free education to disabled students who have been expelled or suspended
long term for criminal or other serious misconduct unrelated to their
disability. I agree that decisionmaking on these very case-specific
instances should be left to localities and States and disagree with
this aspect of this bill.
On the whole, however, this bill offers improvements and gives
schools greater flexibility, promotes cost-sharing between State and
local agencies and recognizes the role of teachers.
Mr. CUNNINGHAM. Mr. Speaker, I am proud to rise in support of H.R. 5,
the IDEA Improvement Act. I am pleased to see it moving toward
enactment, hopeful that continued improvements can be made, and
thankful to those citizens, staff, and members who have made it
possible.
The Individuals with Disabilities Education Act, or IDEA, is based on
one principle: That children with disabilities deserve a fighting
chance to achieve the American Dream. Since its enactment in the
1970's, this law has made education and opportunity available for
millions of children with disabilities. Many of these Americans, who
once would have been consigned to costly institutions for life, have
used their education to sustain themselves and become contributing
members of society. They are better for it, and the country is better,
too.
But the law has not been perfect. Over time, cooperation in pursuit
of education has gradually given way to divisive and costly litigation
that usurps scarce resources from children's schooling. Congress and
successive administrations have failed to keep their promise to fund 40
percent of States' costs to comply with IDEA and provide free,
appropriate public education in the least restrictive environment, as
the law requires. And the distribution of funds among the States has
grown unfair and unequal, with some States receiving substantially more
funding per school-age child than others.
In the 104th Congress, we pledged and worked to do better. And we
did. I was privileged at the time to serve as chairman of the House
Subcommittee on Early Childhood, Youth and Families. We assembled a
historic coalition of citizen representatives of children with
disabilities, educators, the administration, Republicans, and Democrats
to develop an IDEA Improvement Act that we could all agree upon. We
reported a bill out of subcommittee, to the full committee, to the
House, and forwarded it to the Senate by voice vote. Unfortunately, the
late-session crunch and latent divisions forestalled its enactment.
Nevertheless, Congress recognized the progress we had made by providing
an equally historic, first-time substantial increase in IDEA funding,
some $4 billion total in fiscal year 1997, $700 million more than in
fiscal year 1996.
Now, the 105th Congress is completing the work we began in the 104th
Congress. Under the leadership of Education Committee Chairman Bill
Goodling, Early Childhood Subcommittee Chairman Frank Riggs, and the
majority leader of the other body, we now have an IDEA Improvement Act
that all sides agree is an improvement. It focuses anew on the
education of children with disabilities. It improves schools'
administration of special education. It assures that additional IDEA
appropriations are distributed in a more equitable manner, freeing the
Appropriations Committee on which I now serve to fund IDEA more
robustly and responsibly. And it replaces litigation and division with
mediation and a more cooperative process for resolving disputes.
Like the IDEA Improvement Act of the 104th Congress, this measure
before us today is not perfect. H.R. 5 does not address the inequitable
distribution of current IDEA funding. It does not give States enough
relief from certain mandates, particularly those relating to IDEA-
mandated educational services for convicts in jail. And it does not
give schools and communities as much flexibility as I would prefer in
implementing an educational program, and ensuring the fair conduct of
disciplinary procedures. It is a product of compromise and a great deal
of hard work and sacrifice from all parties. And I am glad to say that
it is, on balance, a very good bill that will do well by our children
and our schools.
Finally, I would like to publicly recognize a number of the people
who made this measure possible. Chairmen Goodling and Riggs, and my
former Early Childhood Subcommittee ranking member Dale Kildee--now
ranking on the Higher Education Subcommittee--have done yeoman's work
in carrying this difficult task through. The Senate majority leader,
and his chief of staff, David Hoppe, coordinated a months-long march of
meetings between all parties to hammer out an agreeable bill, and they
have done marvelously. And Jay Eagen, Sally Lovejoy, and Todd Jones of
the Education and Workforce Committee staff deserve recognition for
distinguished service on this issue on behalf of many Members of the
Congress. I was privileged to work with all of them in the 104th
Congress. Many others deserve special recognition, especially the
families, special education students, teachers, school board members,
and administrators who contributed their work and experience to this
measure.
I urge Members to support H.R. 5. It goes to show that when we work
together, we can get the job done.
Mr. PAUL. Mr. Speaker, I rise to oppose H.R. 5, the Individuals with
Disabilities Reauthorization Act of 1997 [IDEA]. I oppose this bill as
strong supporter of doing all possible to advance the education of
persons with disabilities. However, I do not think that a huge
bureaucracy is the best way to educate disabled children. Parents and
local communities know their children so much better than any Federal
bureaucrat, and they can do a better job of meeting a child's needs
than we in Washington. There is no way that the unique needs of my
grandchildren, and some young boy or girl in Los Angeles, CA or New
York City can be educated by some sort of ``Cookie Cutter'' approach.
At a time when Congress should be returning power and funds to the
States, IDEA increases Federal control over education. According to the
Congressional Budget Office Federal expenditures on IDEA will reach
over $20 billion by the year 2002. This flies in the face of many
Members' public commitment to place limits on the scope of the Federal
bureaucracy.
H.R. 5 imposes significant costs on State governments and localities.
For example, the new bill requires one regular education teacher to
take part in each individual education plan [IEP]. According to certain
education experts, this could require as many as 10 to 15 teachers be
present at each IEPO meeting. This bill also requires States to include
disabled students in all statewide assessments by 1998 and develop
alternatives for students unable to participate in the regular exams by
the year 2000. According to the National Association of State Boards of
Education [NASBE], this mandate will increase assessment costs by 12
percent.
NASBE's May 9 letter to Congress identifies several other provisions
in H.R. 5 that will impose new financial burdens on the States. I ask
that the letter be read into the Record.
As I see Members of Congress applaud the imposition of more mandates
on States, I cannot help but think of a letter I received from the high
school principal asking for some relief from Federal mandates imposed
on her by laws like IDEA. I would ask all my colleagues to consider
whether we are truly aiding education by imposing new mandates or just
making it more difficult for hard-working, education professionals like
this principal to properly educate our children?
The major Federal mandate in IDEA is that disabled children be
educated in the least restrictive setting. In other words, this bill
makes mainstreaming the Federal policy. Many children may thrive in a
mainstream classroom environment, however, I worry that some children
may be mainstreamed solely because school officials believe it is
required by Federal law, even though the mainstream environment is not
the most appropriate for that child.
On May 10, 1994, Dr. Mary Wagner Testified before the Education
Committee that disabled children who are not placed in a mainstream
classrooms graduate from high school at a much higher rate than
disabled children who are mainstreamed. Dr. Wagner quite properly
accused Congress of sacrificing children to ideology.
Mr. Speaker, it is time to stop sacrificing children on the alter of
ideology. Every child is unique and special. Given the colossal failure
of Washington's existing interference, it is clear that all children
will be better off when we get Washington out of their classroom and
out of their parents' pocketbooks. I therefore urge my colleagues to
cast a vote for constitutionally limited government and genuine
compassion by opposing H.R. 5.
National Association of
State Boards of Education,
Alexandria, VA, May 9, 1997.
Dear Representative: The National Association of State
Boards of Education (NASBE) is a private nonprofit
association representing state and territorial boards of
education. We are writing to express our opposition to the
changes made to the state set-aside formula in the compromise
agreement on the individuals with Disabilities Education Act
(IDEA).
Under the new legislation, the state share is capped at the
FY97 level, with all future increases equal to the rate of
inflation or the federal appropriations increase--whichever
is less. This new formula also applies to the state's 5%
administration reserve. This
[[Page H2541]]
limit, especially as applied to state administration, will
place severe burdens on already strained state education
budgets and will result in an enormous federally unfunded
mandate.
IDEA is a highly prescriptive law requiring vigilant state
monitoring and evaluation to ensure disabled students are
receiving all appropriate educational services. The new
mandates will create even more administrative and oversight
responsibilities for state education agencies (SEAs), while
at the same time significantly decreasing the federal funds
necessary to carry out such functions. Because of the
artificial limits placed on the states' administrative share,
the excess costs of administering the programs, distributing
grants and ensuring local education agency (LEA) compliance
with the law will be borne solely by the SEA.
In addition, the proposed legislation directs the states to
implement the following new programs: (1) Include disabled
students in all state-wide assessments by 1998 and to develop
alternatives for students unable to participate in regular
exams by the year 2000. (At the very least, this mandate will
increase state assessment costs by 12%, the national average
of disabled students in the general school population); (2)
Establish and operate a mediation system for use by LEAs and
parents; (3) Develop and implement state performance goals
and indicators for disabled students.
The states are responsible for all of the costs incurred by
creating and maintaining the above programs. The federal
government is providing absolutely no new financial
assistance to help offset these expenses.
The reduction of the state set-aside severely undermines
the historic federal, state and local partnership and 20-year
old cost-sharing arrangement that have worked so well in
delivering a free, appropriate public education to disabled
students. We urge you to amend the IDEA compromise agreement
by allowing funding increases of up to 5% annually for state
administration.
Sincerely,
Brenda L. Welburn,
Executive Director.
Mr. GILMAN. Mr. Speaker, I rise today in support of the Individuals
With Disabilities Education Improvement Act, H.R. 5, and commend its
sponsor, the distinguished chairman of the Committee on Education and
the Workforce, Mr. Goodling, and the chairman of the Subcommittee on
Early Childhood, Youth and Families, Mr. Riggs, for 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 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 overidentification 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. GOODLATTE. Mr. Speaker, I want to first congratulate the chairman
on his dedication to this important issue and his hard work toward
crafting a bill that will help schools improve the quality of education
for students with disabilities.
This bill includes a number of provisions that I strongly support. It
streamlines and consolidates the requirements that States must meet for
individualized education plans, allows parents to participate in all
IEP decisions, guarantees that parents have access to all records
relating to their children, and includes a number of provisions to
limit attorney's fees and reduce litigation.
While I support most of the provisions in this bill, I am deeply
concerned that in an effort to reach a compromise with the
administration, this bill includes language that tramples the rights of
States and localities to ensure safety and discipline in their
classrooms.
The bill includes a provision that effectively overturns a recent
Federal Appeals Court decision allowing States to suspend or expel
disabled students for criminal or other serious misconduct when the
action is unrelated to their disability. The administration's policy,
which not only exceeds the mandate of IDEA, sets a glaring double
standard by establishing two discipline codes--one for disabled
students and another for nondisabled students. Including this provision
in the bill ties the hands of States and localities when it comes to
effectively disciplining students.
While I believe that the overall bill is good for disabled students,
good for parents and teachers, and good for the American taxpayers, it
would have been a great deal better had this provision not been
included. With that, I yield back the balance of my time.
Mr. GOODLING. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. 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. 5, as amended.
The question was taken.
Mr. GOODLING. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________