[Congressional Record Volume 149, Number 106 (Thursday, July 17, 2003)]
[Senate]
[Pages S9593-S9595]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORZINE (for himself and Mr. Lautenberg):
  S. 1422. A bill to provide assistance to train teachers of children 
with autism spectrum disorders, and for other purposes; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. CORZINE. Mr. President, I rise to introduce along with Senator 
Lautenberg the Teacher Education for Autistic Children, TEACH, Act of 
2003, legislation that will highlight the needs of autistic children by 
bringing more qualified teachers into the classroom, helping families 
receive the support and services they need for their children, and 
helping ensure vocational programs to assist people with autism 
transition from school to work are functioning as intended.
  Autism is a developmental disability characterized by atypical, often 
repetitive behaviors and deficits in social and communication skills. 
Though it is difficult to determine an exact number, some researchers 
believe that an astounding 1 out of 250 of our Nation's children are in 
some way affected by this disorder.
  Perhaps even more alarming is the fact that the number of children 
diagnosed with some form of autism has increased significantly 
throughout the country over the past decade. Take my State for 
example--according to the New Jersey Department of Education in 1991, 
there were 241 children in our schools who had been diagnosed with 
autism. By 2001, that figure had risen to 3,984, a staggering increase 
of 1,548 percent.
  While the cause of autism and its cure are unknown, we are aware that 
the best treatment for these children is early intervention from 
qualified teachers. The TEACH Act of 2003 would go a long way in 
improving services for these children by providing teachers with the 
necessary training and helping school districts in hiring qualified 
autism teachers.
  Specifically, the TEACH Act authorizes $15 million a year for five 
years to provide education or professional development training for 
current teachers or students who want to be special education teachers, 
teachers' aides, or other professionals who work with autistic 
children.
  The TEACH Act also establishes a loan forgiveness program for 
qualified teachers of autistic children to help them pay off college 
loans or loans associated with taking continuing education courses 
related to autism. This incentive of up to $20,000 to help pay off 
college loans will go a long way in attracting more qualified 
individuals into special education.
  The bill also includes provisions that establish State Autism 
Ombudsman Offices that would act as clearinghouses for families who are 
seeking information on services, education, and other resources to help 
their children achieve the full and happy lives they deserve. It also 
creates a national Task Force to evaluate and make recommendations 
regarding best practices for the education of autistic children.
  Finally, this legislation requires a joint Department of Labor/
Department of Education study to evaluate existing vocational programs 
available for people with autism in order to ensure that such 
individuals have access to quality jobs and their own independence.
  The TEACH Act will go a long way to help autistic families by giving 
their children the opportunity to achieve the highest quality of life. 
I urge my colleagues to support this important legislation, which has 
the power to improve thousands of lives.

[[Page S9594]]

  I ask unanimous consent that the text of my legislation be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1422

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Teacher Education for 
     Autistic Children Act of 2003'' or the ``TEACH Act of 2003''.

     SEC. 2. TRAINING OF SPECIAL EDUCATION TEACHERS WITH EXPERTISE 
                   IN AUTISM SPECTRUM DISORDERS.

       (a) Authorization of Appropriations.--In addition to such 
     sums as are otherwise authorized to be appropriated for 
     ``Special Education-Personnel Preparation to Improve Services 
     and Results for Children with Disabilities'', there are 
     authorized to be appropriated for ``Special Education-
     Personnel Preparation to Improve Services and Results for 
     Children with Disabilities'', for each of the fiscal year 
     2004 through 2008, $15,000,000--
       (1) to provide technical assistance grants to develop 
     standards for training teachers with respect to the provision 
     of education for children with autism spectrum disorders 
     (ASD) and to integrate such standards into the existing 
     training infrastructure;
       (2) to train special education teachers with an expertise 
     in autism spectrum disorders; and
       (3) to provide preservice or professional development 
     training of personnel to be special education teachers, aides 
     of such teachers or other paraprofessionals providing 
     teaching assistance, special education administrators, or 
     staff specialists (such as speech-language pathologists and 
     school psychologists) with an expertise in autism spectrum 
     disorders.
       (b) Availability.--Amounts appropriated pursuant to the 
     authorization of appropriations under subsection (a) are 
     authorized to remain available until expended.

     SEC. 3. IMPROVING RESULTS FOR CHILDREN WITH AUTISM SPECTRUM 
                   DISORDERS.

       (a) Authorization of Appropriations.--In addition to such 
     sums as are otherwise authorized to be appropriated to carry 
     out subpart 1 of part D of the Individuals with Disabilities 
     Education Act, there are authorized to be appropriated for 
     each of the fiscal years 2004 through 2008 $5,000,000 for 
     competitive grants under subpart 1 of part D of such Act to 
     assist State educational agencies, in cooperation with other 
     appropriate entities, to improve results for children with 
     autism spectrum disorders (ASD).
       (b) Availability.--Amounts appropriated pursuant to the 
     authorization of appropriations under subsection (a) are 
     authorized to remain available until expended.

     SEC. 4. EXPANDED LOAN FORGIVENESS PROGRAM FOR TEACHERS OF 
                   AUTISTIC CHILDREN.

       (a) Program.--
       (1) In general.--The Secretary of Education (in this 
     section referred to as the ``Secretary'') shall carry out a 
     program of assuming the obligation to repay, pursuant to 
     subsection (c), a loan made, insured, or guaranteed under 
     part B of title IV of the Higher Education Act of 1965 or 
     part D of such title (excluding loans made under sections 
     428B and 428C of such Act or comparable loans made under part 
     D of such title) for any borrower who--
       (A) is employed, for 3 consecutive complete school years, 
     as a full-time special education teacher of autistic 
     children;
       (C) satisfies the requirements of subsection (d); and
       (D) is not in default on a loan for which the borrower 
     seeks forgiveness.
       (2) Award basis; priority.--
       (A) Award basis.--Subject to subparagraph (B), loan 
     repayment under this section shall be on a first-come, first-
     serve basis and subject to the availability of 
     appropriations.
       (B) Priority.--The Secretary shall give priority in 
     providing loan repayment under this section for a fiscal year 
     to student borrowers who received loan repayment under this 
     section for the preceding fiscal year.
       (3) Regulations.--The Secretary is authorized to prescribe 
     such regulations as may be necessary to carry out the 
     provisions of this section.
       (b) Loan Repayment.--
       (1) Eligible amount.--The amount the Secretary may repay on 
     behalf of any individual under this section shall not 
     exceed--
       (A) the sum of the principal amounts outstanding (not to 
     exceed $5,000) of the individual's qualifying loans at the 
     end of 3 consecutive complete school years of service 
     described in subsection (a)(1)(B);
       (B) an additional portion of such sum (not to exceed 
     $5,000) at the end of each of the next 2 consecutive complete 
     school years of such service; and
       (C) a total of not more than $20,000.
       (2) Construction.--Nothing in this section shall be 
     construed to authorize the refunding of any repayment of a 
     loan made under part B or D of title IV of the Higher 
     Education Act of 1965.
       (3) Interest.--If a portion of a loan is repaid by the 
     Secretary under this section for any year, the proportionate 
     amount of interest on such loan which accrues for such year 
     shall be repaid by the Secretary.
       (c) Repayment to Eligible Lenders.--The Secretary shall pay 
     to each eligible lender or holder for each fiscal year an 
     amount equal to the aggregate amount of loans which are 
     subject to repayment pursuant to this section for such year.
       (d) Application for Repayment.--
       (1) In general.--Each eligible individual desiring loan 
     repayment under this section shall submit a complete and 
     accurate application to the Secretary at such time, in such 
     manner, and containing such information as the Secretary may 
     require.
       (2) Years of service.--An eligible individual may apply for 
     loan repayment under this section after completing the 
     required number of years of qualifying employment.
       (3) Fully qualified teachers in public elementary or 
     secondary schools.--An application for loan repayment under 
     this section shall include such information as is necessary 
     to demonstrate that the applicant--
       (A) if teaching in a public pre-kindergarten, kindergarten, 
     elementary, middle, or secondary school (other than as a 
     teacher in a public charter school), has obtained State 
     certification as a teacher (including certification obtained 
     through alternative routes to certification) or passed the 
     State teacher licensing exam and holds a license to teach in 
     such State; and
       (B) if teaching in--
       (i) a public pre-kindergarten, kindergarten, or elementary 
     school, holds a bachelor's degree and demonstrates knowledge 
     and skills for teaching children with autism spectrum 
     disorders; or
       (ii) a public middle or secondary school, holds a 
     bachelor's degree and demonstrates a high level of competency 
     for teaching children with autism spectrum disorders, 
     through--

       (I) a high level of performance on a rigorous State or 
     local academic subject areas test; or
       (II) completion of an academic major specializing in autism 
     or severe disabilities with a concentration in autism 
     spectrum disorders.

       (4) Teachers in nonprofit private elementary or secondary 
     schools or charter schools.--In the case of an applicant who 
     is teaching in a nonprofit private pre-kindergarten, 
     kindergarten, elementary, or secondary school, or in a public 
     charter school, an application for loan repayment under this 
     section shall include such information as is necessary to 
     demonstrate that the applicant has knowledge and skills for 
     teaching children with autism spectrum disorders, as 
     certified by the chief administrative officer of the school.
       (e) Treatment of Consolidation Loans.--A loan amount for a 
     consolidation loan made under section 428C of the Higher 
     Education Act of 1965, or a Federal Direct Consolidation Loan 
     made under part D of title IV of such Act, may be a qualified 
     loan amount for the purpose of this section only to the 
     extent that such loan amount was used by a borrower who 
     otherwise meets the requirements of this section to repay--
       (1) a loan made under section 428 or 428H of such Act; or
       (2) a Federal Direct Stafford Loan, or a Federal Direct 
     Unsubsidized Stafford Loan, made under part D of title IV of 
     such Act.
       (f) Additional Provisions.--
       (1) Prevention of double benefits.--No borrower may, for 
     the same service, receive a benefit under both this section 
     and subtitle D of title I of the National and Community 
     Service Act of 1990 (42 U.S.C. 12571 et seq.).
       (2) Definition of teacher of autistic children.--The term 
     ``teacher of autistic children'' means an individual who 
     provides instruction to children who have been diagnosed by a 
     physician or a psychologist as having an autism spectrum 
     disorder.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary for each of the fiscal years 2004 through 2008.

     SEC. 5. REPORT ON AUTISM EARLY INTERVENTION ACTIVITIES.

       (a) Report.--Section 613 of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1413) is amended by 
     adding at the end the following:
       ``(k) Report on Autism Early Intervention Activities.--
       ``(1) In general.--A local educational agency that receives 
     assistance under this part for a fiscal year shall prepare 
     and submit to the Secretary a report that contains a 
     description of the activities referred to in paragraph (2) 
     carried out in the preceding fiscal year.
       ``(2) Information.--The activities referred to in this 
     paragraph are the following:
       ``(A) Activities carried out by the agency to ensure that 
     students who exhibit symptoms of autism spectrum disorders 
     (ASD) are referred to appropriate experts for diagnosis.
       ``(B) Appropriate training provided by the agency, or on 
     behalf of the agency, of personnel of the agency and schools 
     of the agency to carry out the activities described in 
     subparagraph (A).
       ``(3) Definition.--In this subsection, the term `autism 
     spectrum disorders' has the meaning given the term in section 
     9 of the Teacher Education for Autistic Children Act of 
     2003.''.
       (b) Technical Assistance.--The Secretary of Education shall 
     provide technical assistance to local educational agencies 
     that receive assistance under part B of the Individuals with 
     Disabilities Education Act to assist such agencies comply 
     with the reporting requirement under section 613(k) of such 
     Act (as added by subsection (a)).

[[Page S9595]]

     SEC. 6. TASK FORCE ON AUTISM SPECTRUM DISORDERS.

       (a) Establishment.--The Secretary of Education, acting 
     through the Assistant Secretary for Special Education and 
     Rehabilitative Services, shall establish and provide 
     administrative support for a Task Force on Autism Spectrum 
     Disorders (ASD) (in this section referred to as the ``Task 
     Force'').
       (b) Duties.--The Task Force shall--
       (1) conduct a review of minimum standards relating to the 
     provision of special education for children with autism 
     spectrum disorders and provide recommendations to improve or 
     otherwise strengthen such standards;
       (2) conduct a review of the effectiveness of existing 
     educational models used with respect to the provision of 
     special education for children with autism spectrum 
     disorders; and
       (3) conduct an evaluation of programs carried out by State 
     and local educational agencies to train teachers with respect 
     to the provision of special education for children with 
     autism spectrum disorders and provide recommendations to 
     improve and expand such programs.
       (c) Composition.--
       (1) In general.--The Secretary of Education, acting through 
     the Assistant Secretary for Special Education and 
     Rehabilitative Services and in consultation with the Director 
     of the National Research Council (or the Director's 
     designee), shall appoint members of the Task Force as 
     follows:
       (A) Not less than two members shall be representatives from 
     national autism organizations.
       (B) Not less than one member shall be an individual with an 
     autism spectrum disorder or a parent (or legal guardian) of 
     such an individual.
       (C) Not less than two members shall be teachers with 
     experience in working with children with autism.
       (D) Not less than two members shall be appropriate officers 
     or employees of the Department of Education.
       (E) Not less than two members shall be appropriate officers 
     or employees of the Department of Health and Human Services 
     (to be appointed in consultation with the Secretary of Health 
     and Human Services).
       (2) Compensation.--
       (A) Rates of pay.--Except as provided in subparagraph (B), 
     members of the Task Force shall be paid at the maximum rate 
     of basic pay for GS-14 of the General Schedule for each day 
     during which they are engaged in the actual performance of 
     duties of the Task Force.
       (B) Prohibition of compensation of federal employees.--
     Members of the Task Force who are full-time officers or 
     employees of the United States may not receive additional 
     pay, allowances, or benefits by reason of their service on 
     the Task Force.
       (C) Travel expenses.--Each member of the Task Force shall 
     receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with applicable provisions under 
     subchapter I of chapter 57 of title 5, United States Code.
       (d) Report.--Not later than one year after the date of the 
     enactment of this Act, and annually thereafter for each of 
     the subsequent four calendar years, the Task Force shall 
     prepare and submit to the Secretary of Education a report 
     that contains the results of the reviews and evaluations 
     conducted pursuant to subsection (b) and a description of the 
     recommendations proposed pursuant to such subsection.
       (e) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     carry out this section $500,000 for fiscal years 2004 through 
     2008.
       (2) Availability.--Amounts appropriated pursuant to the 
     authorization of appropriations under paragraph (1) are 
     authorized to remain available until expended.

     SEC. 7. STUDY AND REPORT ON FEDERAL VOCATIONAL TRAINING 
                   PROGRAMS.

       (a) Study.--The Secretary of Education, in conjunction with 
     the Secretary of Labor (hereinafter in this section referred 
     to as the ``Secretaries''), shall conduct a study on the 
     effectiveness of Federal vocational training programs in 
     providing appropriate assistance to individuals with autism 
     spectrum disorders (ASD)
       (b) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Secretaries shall submit to 
     Congress a report that contains the following:
       (1) The results of the study conducted under subsection 
     (a).
       (2) Administrative and legislative recommendations to 
     improve the effectiveness of Federal vocational training 
     programs in providing appropriate assistance to individuals 
     with autism spectrum disorders.
       (3) Recommendations on appropriate data that should be 
     collected, maintained, and disseminated in order to better 
     monitor the effectiveness of each vocational training program 
     that serves individuals with autism spectrum disorders.

     SEC. 8. STATE AUTISM OMBUDSMAN OFFICES.

       (a) Grants to States.--Of the amount appropriated pursuant 
     to the authorization of appropriations under subsection (d) 
     for a fiscal year, the Secretary of Education shall provide 
     grants to each State that meets the requirements of 
     subsection (b) for the purpose of carrying out this section.
       (b) State Requirements.--A State meets the requirements of 
     this subsection if it establishes and operates (including 
     through the use of funds provided under a grant under 
     subsection (a)) at least one State autism ombudsman office in 
     accordance with this section. The office shall be headed by 
     an individual who shall be selected from among individuals 
     who are members of, or approved by, national, non-profit 
     organizations, including their State and local affiliate 
     organizations, dedicated to addressing, by whatever means, 
     the needs of individuals with autism spectrum disorders or 
     their families or legal guardians.
       (c) Duties of Office.--
       (1) In general.--A State autism ombudsman office 
     established in accordance with subsection (b) shall serve 
     individuals with autism spectrum disorders and their families 
     or guardians as a resource to assist with legal, educational, 
     and family support systems issues, including by advising 
     families or guardians on the process of the individualized 
     education program, interpreting school communications 
     regarding a child who exhibits autistic behavior, proposing 
     alternatives to those proposed by the IEP team, and otherwise 
     mediating between families or guardians of a child with an 
     autism spectrum disorder and officials of local or State 
     public school systems, agencies, or boards.
       (2) Definition.--In this subsection, the term 
     ``individualized education program'' or ``IEP'' means a 
     written statement for a child with a disability that is 
     developed, reviewed, and revised in accordance with section 
     614(d) of the Individuals with Disabilities Education Act.
       (d) Requirements.--A State autism ombudsman office 
     established in accordance with subsection (b) shall--
       (1) coordinate with the State developmental disabilities 
     council, university-affiliated programs, regional resource 
     centers, and other appropriate State entities; and
       (2) operate independently of the State educational agency 
     and local educational agencies within the State.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $8,000,000 for 
     each of the fiscal years 2004 through 2008.

     SEC. 9. DEFINITION.

       In this Act, the term ``autism spectrum disorder'' has the 
     meaning given the term by the Diagnostic and Statistical 
     Manual of Mental Disorders-Fourth Edition (DSM-IV).

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