[Congressional Record Volume 150, Number 67 (Thursday, May 13, 2004)]
[Senate]
[Pages S5394-S5451]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
[[Page S5394]]
INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2003
The PRESIDING OFFICER. Under the previous order, the Senate will
resume consideration of S. 1248, which the clerk will report.
The assistant legislative clerk read as follows:
A bill (S. 1248) to reauthorize the Individuals with
Disabilities Education Act, and for other purposes.
Pending:
Gregg (for Santorum) amendment No. 3149, to provide for a
paperwork reduction demonstration.
Amendment No. 3150
Mr. GREGG. Senator Kennedy and I have a number of technical and
conforming amendments that have been cleared on both sides of the aisle
and put into a managers' package. Therefore, I send an amendment to the
desk and ask for its immediate consideration.
The PRESIDING OFFICER. Without objection, the pending amendment is
set aside.
The clerk will report.
The legislative clerk read as follows:
The Senator from New Hampshire [Mr. Gregg], for himself and
Mr. Kennedy, proposes an amendment numbered 3150.
Mr. GREGG. I ask unanimous consent that the reading of the amendment
be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To provide a manager's amendment)
On page 382, line 21, strike ``or the post-surgical'' and
all that follows through page 383, line 2, and insert ``or
the replacement of such device.''.
On page 398, line 21, strike ``or the post-surgical'' and
all that follows through page 399, line 2, and insert ``or
the replacement of such device.''.
On page 408, between lines 11 and 12, insert the following:
``SEC. 610. FREELY ASSOCIATED STATES.
``The Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau shall
continue to be eligible for competitive grants administered
by the Secretary under this Act to the extent that such
grants continue to be available to States and local
educational agencies under this Act.
On page 451, line 19, strike the comma after ``consult''.
On page 453, line 25, strike ``affirmations'' and insert
``affirmation''.
On page 503, line 2, strike ``educational''.
On page 503, line 11, strike ``educational''.
On page 504, line 9, strike ``educational''.
On page 504, line 21, strike ``educational''.
On page 509, line 24, strike ``prereferral''.
On page 515, strike lines 10 through 15, and insert the
following:
``(ii) are provided and administered in the language and
form most likely to yield accurate information on what the
child knows and can do academically, developmentally, and
functionally, unless it is not feasible to so provide or
administer;''.
On page 553, lines 13 and 14, strike ``statute of
limitations'' and insert ``timeline''.
On page 553, line 14, strike ``statute of limitations'' and
insert ``timeline''.
On page 615, line 13, insert ``and supervised'' after
``appropriately trained''.
On page 664, lines 11 and 12, strike ``administrators,
principals, and teachers'' and insert ``personnel''.
On page 669, line 10, strike ``and'' after the semicolon.
On page 669, line 17, strike the period and insert ``;
and''.
On page 669, between lines 17 and 18, insert the following:
``(C) encourage collaborative and consultative models of
providing early intervention, special education, and related
services.
On page 671, line 8, strike ``and administrators'' and
insert ``, administrators, and, in appropriate cases, related
services personnel''.
On page 672, line 11, strike ``providing'' and insert
``provide''.
On page 672, line 14, strike ``and'' after the semicolon.
On page 672, line 17, strike the period and insert ``;
and''.
On page 672, between lines 17 and 18, insert the following:
``(D) Train early intervention, preschool, and related
services providers, and other relevant school personnel, in
conducting effective individualized family service plan
(IFSP) meetings.
On page 702, line 24, insert ``early childhood providers,''
after ``ability of''.
On page 702, line 25, insert ``related services
personnel,'' after ``administrators,''.
On page 720, lines 5 and 6, strike ``alternate'' and insert
``alternative''.
On page 720, lines 22 and 23, strike ``Students With
Significant Disabilities'' and insert ``Students Who Are Held
to Alternate Achievement Standards''.
On page 721, strike lines 1 through 3, and insert the
following:
``(1) the criteria that States use to determine--
``(A) eligibility for alternate assessments; and
``(B) the number and type of children who take those
assessments and are held accountable to alternate achievement
standards;
On page 721, strike lines 6 through 8, and insert the
following:
``(3) the alignment of alternate assessments and
alternative achievement standards to State academic content
standards in reading, mathematics, and science; and
On page 753, line 16, insert ``(as appropriate when
vocational goals are discussed)'' after ``participation''.
On page 756, line 6, insert ``vocational'' after
``school''.
On page 756, line 7, insert ``vocational'' after
``school''.
On page 764, line 13, strike ``(C)'' and insert ``(A)''.
On page 766, after line 20, insert the following:
SEC. 302. NATIONAL BOARD FOR EDUCATION SCIENCES.
Section 116(c)(9) of the Education Sciences Reform Act of
2002 (20 U.S.C. 9516(c)(9)) is amended by striking the third
sentence and inserting the following: ``Meetings of the Board
are subject to section 552b of title 5, United States Code
(commonly referred to as the Government in the Sunshine
Act).''.
SEC. 303. REGIONAL ADVISORY COMMITTEES.
Section 206(d)(3) of the Education Sciences Reform Act of
2002 (20 U.S.C. 9605(d)(3)) is amended by striking
``Academy'' and inserting ``Institute''.
On page 777, after line 15, insert the following:
TITLE __--MISCELLANEOUS
SEC. __01. GAO REVIEW OF CHILD MEDICATION USAGE.
(a) Review.--The Comptroller General shall conduct a review
of--
(1) the extent to which personnel in schools actively
influence parents in pursuing a diagnosis of attention
deficit disorder and attention deficit hyperactivity
disorder;
(2) the policies and procedures among public schools in
allowing school personnel to distribute controlled
substances; and
(3) the extent to which school personnel have required a
child to obtain a prescription for substances covered by
section 202(c) of the Controlled Substances Act (21 U.S.C.
812(c)) to treat attention deficit disorder, attention
deficit hyperactivity disorder, or other attention deficit-
related illnesses or disorders, in order to attend school or
be evaluated for services under the Individuals with
Disabilities Education Act.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall prepare
and submit to Congress a report that contains the results of
the review under subsection (a).
Mr. GREGG. I ask unanimous consent that the Senate consider and agree
to amendment No. 3150.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
The amendment (No. 3150) was agreed to.
The PRESIDING OFFICER. The Senator from Massachusetts.
Mr. KENNEDY. A very brief word on the technical amendment, the
managers' amendment. We give assurance to all of our colleagues that it
is a technical amendment. All the matters that are in that managers'
amendment are directly related to provisions in the legislation. I give
the assurance to our colleagues that is the nature and description of
the managers' amendment, and we appreciate their willingness to accept
it.
We have several of our colleagues on their way over who wish to
address the Senate on this issue. Then we will hopefully move along to
final passage somewhere in the noon area.
Mr. GREGG. Mr. President, for Members' information, we expect to have
a vote on final passage around 12:10. In fact, we may have a unanimous
consent, although I will withhold that for a moment.
I ask unanimous consent that the time between now and 12:10 be
equally divided between the sides.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GREGG. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. GREGG. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GREGG. Mr. President, I ask unanimous consent that once Senator
Santorum's amendment is modified and we agree to it, at 12:10 today the
Senate proceed to a vote on passage of H.R. 1350, with all provisions
of the original agreement in place, and I ask for the yeas and nays.
The PRESIDING OFFICER. Without objection, it is so ordered.
[[Page S5395]]
Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
Mr. GREGG. I yield the floor.
Stay Put Rule
Mr. McCAIN. I would like to commend the bill managers for reaching a
bipartisan compromise on this important issue. Recognizing the
substantial challenges the current law has posed to many schools and
school districts, this bill seeks to strike a very difficult balance
between the interests of disabled children and their families and the
schools and school districts. However, despite the substantial
improvements this legislation makes over current law, issues of concern
remain among a number of interested parties, including education groups
in Arizona.
I am also concerned about some of the unintended consequences that
have arisen as a result of the Federal restrictions placed on school
districts concerning the manner in which they are allowed to discipline
students with special needs. For example, an Arizona school district
recently identified a number of students involved in the sale and
distribution of illegal drugs on school property, a very serious
incident that placed the other students and the teachers at that school
at great risk. All of the students involved in the incident were
expelled, with the exception of one student who has a mild disability.
I recognize the Senator from New Hampshire already has worked to
include language in this bill to reverse the ``stay put rule,'' which
schools, school districts, and the Arizona Superintendent of Education,
Tom Horne, have expressed substantial frustration over. I want to
commend the sponsor's efforts and hope to work with him to ensure that
schools are not prevented from taking action to discipline children as
appropriate, including those enrolled in IDEA. I know this issue is
also of concern to my colleague from Arizona.
Mr. KYL. I would also like to congratulate the senior Senator from
New Hampshire for his success in getting this legislation this far
through hard work and bipartisanship. We recognize that securing
consensus necessitated compromise on a position we all share: that
schools should be able to maintain a single standard for discipline.
Like Senator McCain, I am very pleased that this legislation repeals
the ``stay-put rule,'' a major priority of Superintendent Horne and
other education leaders in our state.
Mr. McCAIN. I thank the Senator. IDEA is centered on an
individualized approach to educating children with special needs.
Disciplining those students whose actions endanger other students and
faculty also should be done on an individual basis--a one size-fits-all
Federal approach to discipline disregards the individual nature of the
actions of the students involved, and is not the best approach.
Another issue that concerns schools and administrators in Arizona is
Section 616, regarding monitoring, technical assistance, and
enforcement. It would allow the Secretary of Education to refer a case
to the Department of Justice if the Secretary determines the State has
shown a ``significant lack of progress'' or is in ``substantial
noncompliance'' or ``egregious noncompliance'' with IDEA. Schools from
across Arizona are concerned that the language in this bill is too
vague and could lead to excessively burdensome litigation if a State is
labeled to be ``significantly noncompliant'' or ``egregiously
noncompliant.''
Mr. KYL. I certainly understand the concern that this provision could
have unintended consequences. I hope that in conference this language
can be clarified to focus on the achievement of outcomes through the
development of a sound remedial plan, overseen by the Department of
Education. Many of us have expressed concern over the cumbersome
litigation sometimes associated with IDEA. This language could make the
status quo worse--tying up critical personnel and diverting scarce
resources, without ensuring positive outcomes.
Mr. McCAIN. I have also heard substantial concern from groups in
Arizona regarding language that may compel states to pay for lawsuits
against State or local education entities. I know these concerns also
have been expressed to my colleague from Arizona.
Mr. KYL. The Chairman of the Committee on Health, Education, Labor
and Pensions, perhaps drawing on his experience as a Governor, has been
eloquent in detailing the burdens this Federal statute has placed on
States. I trust that as the final bill language is crafted, he and his
colleagues will be striving to ensure that the need to provide parents
with appropriate mechanisms for vindicating their due process rights
will be balanced appropriately against the imperative not to impose
excessive new burdens on state governments.
Mr. GREGG. I understand your concerns and will take them to
conference.
Mr. McCAIN. I thank the sponsor of this important legislation and
greatly appreciate his willingness to ensure that these important
issues are addressed as this measure continues through the legislative
process.
Mrs. LINCOLN. Mr. President, first I commend my colleagues on the
Senate Health, Education, Labor, and Pensions Committee for all of your
hard work on this important piece of legislation and for bringing a
bipartisan bill before the full Senate.
When the Individuals with Disabilities in Education Act, or IDEA, was
enacted in 1975 it brought with it the promise that children with
disabilities would have access to the same quality education as
nondisabled students. Over the last 30 years, IDEA has advanced the
inclusion of students with disabilities into general education
classrooms and has given nearly 6 million students nationwide access to
services that address their special needs.
When Congress passed IDEA nearly 30 years ago, they committed to
providing states with 40 percent of the funding necessary to implement
this law. Much to my dismay, Congress has failed our schools and the
students they serve by providing them with a meager 19 percent of the
funding as of fiscal year 2004. It was my hope that this current
reauthorization would include mandatory full funding for IDEA because I
believe that schools have waited long enough for the Federal Government
to fulfill the promise made to them so many years ago.
I was proud to support an amendment proposed by my colleague from
Iowa yesterday, which would have provided mandatory full funding of
IDEA. Unfortunately, the amendment failed by a small margin. I
supported another amendment, however, offered by my colleague from New
Hampshire to provide full discretionary funding for IDEA, which passed
the Senate. I am proud that the Senate made full funding for IDEA a
priority, and I look forward to working with my colleagues throughout
the appropriations process to make full funding a reality.
There are several important aspects of this bill, which will improve
the educational experience of students, parents, and teachers. I am
pleased that this bill will reduce the paperwork burden on teachers. I
have heard from many special education teachers in my State of Arkansas
that spend an inordinate amount of time on paperwork and this
legislation would provide them with welcome relief so that they can
focus on student performance.
This bill will also streamline discipline procedures, which I believe
will make schools safer and provide school administrators with
increased flexibility. Additionally, it will improve parental
involvement by creating parent and community information centers with
the objective of encouraging parents and schools to work together and
resolve disputes in a smooth and efficient way. I am also pleased that
this bill provides more resources to schools to better train teachers
and parents. This provision is of particular importance to Arkansas
where school districts are trying to give financial assistance to
teachers for continuing education but are struggling because they face
tough budget times.
I would also like to reinforce that every single child's learning
experience is impacted by their community and school environment. Let
us not forget that children with disabilities contribute an
extraordinary amount to that learning environment. Students with
disabilities deserve every opportunity to achieve educational success
so that they can take on productive jobs and lead independent lives.
IDEA is a critical law in ensuring that these opportunities are
available, and I believe the bill before the Senate today
[[Page S5396]]
will help educators, parents, and students achieve success in the
classroom and beyond.
Mr. CRAIG. Mr. President, regulations applying IDEA are complex, and
I applaud the work of my colleagues in trying to make these regulations
a little easier for students, parents, and schools. This bill is a
clear signal that the Senate is concerned about the welfare of our
children with special needs.
S. 1248 helps our students by providing early access to services and
support while working to reduce the misidentification of nondisabled
children. This bill aims to make things easier for parents by allowing
parents and schools to make changes to a student's individualized
education plan, IEP, without calling an entire IEP meeting. S. 1248
should also help to relieve the burden on schools that are often
associated with special education regulations. It includes provisions
to improve discipline and school safety, reduce paperwork, and simplify
funding for grants to State agencies.
Mr. President, as you know, when IDEA was signed into law, Congress
committed to contribute up to 40 percent of the costs associated with
special education. We have failed miserably in this. One important
provision in this bill is a plan to authorize the Congress to fund its
40 percent portion completely by the year 2011. I am pleased to report
our success in the Senate and pledge my commitment to seeing the
Federal Government contributes its full share.
Mr. HATCH. Mr. President, I rise today to express my support for S.
1248, the IDEA Reauthorization Act.
A concerned Utah parent called one of the school districts yesterday
to ask for help. Her son is being released from a 24-hour mental health
facility. He is not ready for a regular class setting, but there isn't
room for him to be accommodated in a self-contained setting even though
that school district is trying to provide a quality education for all
students, including those with special needs.
``We love them, even though sometimes they burn us out,'' said one of
our outstanding (and overworked) special education teachers. She is
dedicated to these children who are guaranteed an education under IDEA,
the Individuals with Disabilities in Education Act.
All students identified for special education present unique
challenges. There are students with specific learning disabilities that
are mild to moderate. Of these, many will be successfully educated and
have futures filled with higher education or specialized technical
training, careers, and families. Even many of the students with
profound, significant disabilities will become wage earners, thanks to
a great nation that understands and upholds the right of all students
to an education. Utah is particularly successful with those students
because of strong family and community-based support. Though they may
never be able to live in complete independence, they realize an
excellent measure of accomplishment and contribution.
Of major concern are students such as the young teen who just walked
out the front door of the mental health facility. He is among a growing
number of students with severe emotional problems. Their disabilities
may prevent them from becoming wage earners, good parents, and
responsible citizens. Many will end up in prison. Unfortunately, there
is a lot of lost potential here. But they will not be lost if we can
tap into their potential.
With this important reauthorization, I have had the benefit of input
from various groups and individuals, including my own Disability
Advisory Committee in Utah, made up of State and local officials and
representatives from organizations specializing in disability advocacy.
The Utah State Legislature has been in the forefront of the debate
about the Federal funding of education as they continue to take the
responsibility of providing an education to every child in my State.
Funding special education is an important priority. I believe that
the Federal Government's responsibility is to do its utmost, through
the appropriations process, to direct funds to the States, who are
certainly in the best position to decide how best to utilize these
funds. Although appropriations for IDEA part B grants to states have
increased significantly over the last 9 years, funding still falls
short of the amount that would be necessary to provide maximum grants
to all States.
I agree that we need to put IDEA on the path of full funding with the
goal of reaching the Federal Government's promise of 40 percent. While
funding since 1996 has quadrupled, we are only halfway there. For this
reason, I supported Chairman Judd Gregg's funding amendment, passed by
a vote of 96-1 yesterday, that sets increasing discretionary
authorizations for special education grants to States so that Congress
will be on track to meet 100 percent of the full funding commitment by
2011.
I am heartened that we have the support of the appropriators to reach
the commitment. I am satisfied that the President will keep education
as one of his highest priorities. Be assured that I will be keeping a
watchful eye on this funding as we review it every year. If we fall
short, I will be prepared to revisit this issue. It is not fair for
States and localities to be saddled with Federal mandates they can ill
afford. Congress should live up to its commitment, which I believe we
have with passage of the Gregg amendment and assurances of our
appropriators.
While I am on the topic of the unwise burdens the Federal Government
imposes on States, I would be remiss if I did not emphasize the
tremendous costs of overregulation. Paperwork saps valuable time away
from educators and diverts their number one focus: educating Utah's
students. Senator Rick Santorum's amendment will give States the
opportunity to reduce paperwork burdens associated with IDEA
requirements and increase the resources available for improving results
for children with disabilities. That is why I strongly support it.
Indeed, reduction in paperwork is also a priority for the teachers.
We need to encourage individuals to become qualified special education
teachers. Take for example Utah--which is unquestionably a great place
to live. Even there, it is difficult to find teachers to fill these
crucial positions. It is even more difficult in rural districts.
I am confident that under IDEA reauthorization, we can address these
deficiencies by reducing paperwork, providing resources for recruitment
of new teachers and for training, and making classrooms safer.
The IDEA reauthorization, albeit imperfect, provides a pathway to
success for our greatest asset: all of America's children.
Mr. DODD. Mr. President, I rise today in support of the legislation
before us to reauthorize the Individuals with Disabilities Education
Act--IDEA. I want to start by thanking my fellow committee members and
their staff for all of their hard work in putting together the
bipartisan legislation we are considering today. While we may still
have some disagreements about the bill, getting to this point in a
bipartisan way is no small achievement, and I know we are all better
for it.
Today, nothing pleases me more than to introduce, with my many of my
colleagues, the Individuals with Disabilities Education Improvement Act
of 2003. This bill will ensure that students with disabilities get the
services they are entitled to while providing school systems with a
greater degree of flexibility in implementing the law.
The Individuals with Disabilities Education Improvement Act of 2003
emphasizes accountability and improved results, improves monitoring and
enforcement of the law, and works to reduce litigation by providing new
opportunities for parents and schools to address concerns and disputes.
The bill reduces paperwork by streamlining State and local paperwork
requirements and clarifying that no information is required in an
individualized education plan--IEP--beyond what Federal law requires.
Like No Child Left Behind, this bill increases and improves
opportunities for parental involvement and supports teachers in
becoming ``highly qualified'' to do their jobs.
The Individuals with Disabilities Education Improvement Act provides
earlier access to services and supports for infants, toddlers and
preschoolers with disabilities. It also properly puts added emphasis on
transition services so that special education students leave the system
ready to be full productive citizens, whether they choose to go on to
college or a job.
[[Page S5397]]
These are the things that the Senate bill does. Sadly, there is one
glaring provision missing. This bill does not contain a provision to
provide mandatory full-funding of IDEA; A provision that my colleagues
Senator Harkin and Hagel tried to get incorporated into the bill
yesterday.
Almost 30 years ago, Congress passed the Individuals with
Disabilities Education Act to help States provide all children with
disabilities with a free, appropriate public education in the least
restrictive environment possible. Since that time, this law has made an
incredible difference in the lives of millions of American children and
their families.
When we passed the law, we not only promised to bring special
education students into the regular school system, we made a commitment
to cover 40 percent of the State cost of servicing students with
special needs over time. Thirty years later, we have yet to make good
on this commitment. Today the Federal Government supports just over 18
percent of the cost of the program. That is not even half of the 40
percent we promised 29 years ago.
In order to rectify this situation, Senators Harkin and Hagel put
together an amendment mandating full funding of the Individuals with
Disabilities Education Act. This amendment failed yesterday 56-41. This
saddens and frustrates me. Had it passed, I believe this amendment
would have proven to have been the most important provision in this
bill.
States and municipalities are bearing more than their share of
responsibility for meeting disabled students' needs. In Connecticut,
the State typically covers 32 percent of the costs of special
education, local school districts cover 61 percent of the costs of
special education, and the Federal Government covers only 7 percent.
Certainly States and municipalities are paying more than their share
of special education costs. They need our help. Senator Harkin's and
Hagel's amendment provided an opportunity to give them the help that
they need.
Only mandatory full-funding of IDEA would demonstrate this body's
commitment to universal access to education for all children, while
helping entire communities ease their tax burden. As I have said
before, I cannot accept the argument that because our economy is
faltering, or we are a Nation at war, we cannot provide our children
and their families with the critical educational resources they need.
Investment in education is no less important in a weak economy or while
our Nation is at war.
Education needs to be viewed as a national priority. In fact,
education is the key to a healthy democracy, and absolutely essential
to our long-term national and economic security.
Like Senators Harkin and Hagel, I support the idea of mandatory full-
funding because it is good for students, families, schools,
municipalities, states and the average American taxpayer. The funding
fight on IDEA has been a long one over the years and I believe that
schools have already waited to long.
Fundamentally, this is a good bill--one that will help guarantee the
full potential of all our children while assisting school districts in
their efforts to deliver special education services in an efficient
manner. That is why I will support the underlying bill. Thank you.
Mr. COLEMAN. Mr. President, I strongly support the Individuals
with Disabilities Education Act--IDEA--reauthorization legislation that
the Senate is considering today. I want to note for the record that I
would have voted for this important legislation but for a death in the
family that required me to be home.
First of all, I commend Chairman Judd Gregg and Senator Ted Kennedy
for working in a bipartisan manner to craft this important reform
legislation. Children with disabilities ought to have the same access
to a quality education as any other student. Since its enactment in
1975, IDEA has helped do this by ensuring that children with
disabilities have access to a quality education. S. 1248 will make
needed improvements to IDEA by improving services for these children,
expanding parental involvement, and providing much needed support for
special education teachers.
Under current law, IDEA's complicated regulations have detracted from
the success of the program. For too long, IDEA has focused on the
process rather than the outcome. That is why I support simplifying the
law's burdensome due-process requirements, which have created excessive
amounts of paperwork for teachers. This duplicative paperwork has taken
teachers' valuable time away from teaching in the classroom, and
sometimes has even driven special education teachers out of the
classroom. I believe that this legislation will reduce the paperwork
burden for teachers and thus allow teachers to do their job--teaching
children.
This legislation also helps reduce misidentification of non-disabled
children. Misidentification of special education students has fueled
growing IDEA cost. S. 1248 provides reform by allowing for the
development of new approaches to determine whether students have
specific learning disabilities by clarifying that schools are not
limited to using IQ-achievement tests and by providing funds for
training school personnel to prevent over-identification and
misidentification of children.
I am, however, disappointed by the failure to pass an important
amendment, which I co-authored. This amendment would have provided for
annual increases in IDEA funding of $2.2 billion, allowing the program
to reach full federal funding levels by 2011. When IDEA was enacted in
1975, the Federal Government promised to pay 40 percent of the costs of
educating children with disabilities. Currently, however, the Federal
Government contributes only 19 percent, placing an unfair and serious
financial burden on States and local school districts. Due to Congress'
failure to fully fund IDEA, school districts, especially those in rural
areas, are forced to take funds from their general budgets to operate
special education programs. As a result, schools have been forced to
cut important educational programs and delay infrastructure
improvements. I have met with teachers and students from rural
Minnesota and know how tight school budgets there are already. This
amendment would have brought much needed fiscal relief to Minnesota
schools.
But, I do commend my Republican colleagues and the President for
their support of IDEA funding. The most dramatic increases in IDEA
funding have all occurred under Republican control of Congress and, in
recent years, a Republican White House. Since FY 2001, IDEA funding
will have increased by $4.7 billion or 75 percent. The Republican
Congress has already increased funding for IDEA by 224 percent since
1996. If the President's FY 05 budget is enacted, it will have
increased by 376 percent. I encourage my colleagues to support
increased funding so that we keep our promise to fully fund
IDEA.
Ms. MIKULSKI. Mr. President, I will vote for the IDEA Improvement Act
to reauthorize special education--even though I am disappointed that
the Senate didn't pass the Harkin-Hagel full-funding amendment. This is
a down payment. There are some good policy changes in this bill, and I
think we should move the reauthorization process forward. But I will
continue to fight for full funding of special education. It is the
single most important thing we can do for children.
I am going to vote for this bill because it takes some big steps
forward, and it is a good compromise. As a member of the HELP
Committee, I am proud to say that we reached bipartisan agreements on
some very complicated policy issues. It simplifies complicated rules
and procedures and makes it easier for schools and parents to
navigate--not litigate. And it allows schools to help students who need
special attention, but not necessarily special education. I have talked
to Marylanders about this. The women of Delta Sigma Theta Sorority see
their children being racially sidelined--pushed into special education,
when what they really need is special attention. I am so pleased that
we are doing something in this bill to stop racial sidelining.
Yet, I have some concerns about the bill. My biggest concern is that
this bill doesn't fully fund special education. I have heard from
teachers, principals, and school superintendents who want to know where
the resources will come from. This year, the Bush budget provides a $1
billion increase for
[[Page S5398]]
special ed. That may sound like a lot, but at that pace, we will never
reach full funding. The Federal Government is supposed to pay 40
percent of the cost of special education. Yet, it has never paid more
than 19 percent. In Maryland, the Federal Government only pays an
average of 11 percent. That means local districts must make up the
difference by skimping on special ed, by cutting from other education
programs, or by raising taxes.
I don't want to force States and local school districts to forage for
funds, cut back on teacher training, or delay school repairs because
the Federal Government has failed to live up to its commitment to
special education. Full funding would free up money in local budgets
for hiring more teachers, buying new textbooks and technology, and
repairing old school buildings. It would give teachers the training and
support they need. It would help students with disabilities and their
families by providing enough funding for special education programs so
parents can have one less thing to worry about, and students get the
opportunities they deserve.
Everywhere I go in Maryland, I hear about special education. I hear
about it in urban, rural, and suburban communities; from Democrats and
Republicans; and from parents and teachers. They tell me that the
Federal Government is not living up to its promise, that special
education costs about 18% of the average school budget, that schools
are suffering, and that parents are worried.
Parents of children with special needs are under a lot of stress.
They are worried about their jobs. They are terrified of losing their
healthcare when costs keep ballooning. Many are holding down more than
one job just to make ends meet. Or they are trying to find daycare for
their kids, and elder care for their own parents. They are racing from
carpools to work and back again. The Federal Government shouldn't add
to their worries by not living up to its obligations. With the Federal
Government not paying its share of special ed, these parents have real
questions in their minds: Will my child have a good teacher? Will the
classes have up-to-date textbooks? Will they be learning what they need
to know?
Parents of disabled children face such a tough burden already. Caring
for a child with special needs can be exhausting. School should not be
one of the many things they worry about--particularly when the laws are
already on the books to guarantee their child a public school
education. The bottom line is the Federal Government is shortchanging
these parents by not paying its share of special ed costs.
I have heard from parents. They have other concerns, too, besides the
money. They are concerned that this bill rolls back the guarantee of a
quality education, by getting rid of short-term goals on education
plans and scaling back safeguards. I agree that we need to simplify
this law to make it easier for schools and parents to navigate. I am
glad that this bill makes some crucial improvements. Yet, I want to do
what is best for families and schools. Ninety percent of school
districts are out of compliance with the Federal law. I know schools
and teachers want to do what is best for students with special needs--
and if they had the resources, they would. But we need to protect the
rights of families to fight for what is best for their children--for
the times when the school falls short. Instead of rolling back
protections for students, we should provide the resources so that
schools can give students the services they need to succeed with their
classmates in public schools.
Special education has made such a huge difference in the lives of
students with disabilities. I will vote for this bill because it is so
important to reauthorize special education. But I will keep fighting
for full funding because I don't want special education to be a hollow
promise.
Mr. SMITH. Mr. President, I rise today to commend my colleagues on
the passage of the Individuals with Disabilities Education Improvement
Act, to reauthorize programs under the Individuals with Disability
Education Act--IDEA.
In 1975, Congress enacted legislation to help States meet their
obligation to provide education to all American children including
those with disabilities. Children, regardless of their disability,
deserve and ought to receive a quality education. IDEA assists States
in meeting this goal by providing important federal funds.
In 2002, approximately 6.5 million children with disabilities
benefitted from IDEA. Nevertheless, much work remains for Congress to
fulfill its promise of fully funding 40 percent of the estimated
implementation costs. With passage of this important legislation, we
have advanced yet another step toward meeting the needs of America's
children with disabilities.
As I travel across Oregon and talk to school administrators about the
challenges they face, they routinely tell me about the financial burden
of IDEA. They also tell me of their firm belief in the spirit of this
legislation and want to provide the best education possible for their
special needs students. This requires adequate Federal funding.
For many years, Congress did not fulfill its promise, with
significant consequences to schools and students across the country.
IDEA spending was one of the few appropriations that did not grow
during the 1980s. In fact, in some cases, the Federal government
actually covered less of the States' average per pupil expenditure than
the previous year.
What many may not realize is that when we provide funding for
students with special needs, we benefit all students. Across the
Nation, and particularly in Oregon, States are struggling to provide
funding for our schools. When schools are forced to make up the Federal
portion of IDEA funds, they are forced to take funding from other
important education programs. When we fulfill our cost sharing
commitment to IDEA programs, there are more dollars available for
teacher training, new books, and computers for all students. In effect,
schools are forced to choose some students over others, and it is a
choice they should not have to make.
I am proud to report that IDEA funding is back on track--and has
increased by almost 225 percent since 1996. If the President's budget
is approved this year, funding for IDEA will have increased by almost
400 percent. This clearly demonstrates both Congress' and the
President's continued commitment toward full funding.
For children with disabilities, IDEA has opened the door to greater
educational opportunities. It has served as the cornerstone for greater
participation in our society for people with disabilities. The only way
to ensure that our promise to provide every opportunity for students
with disabilities, and help them achieve their full potential, is to
give our schools the dollars they need. I look forward to President
Bush signing this legislation into law.
Mr. DOMENICI. Mr. President, today I rise in support of final passage
of the Individuals with Disabilities Education Improvement Act, IDEA. I
would like to thank the leadership for their hard work on this issue
and for making it a priority. This legislation is critical for children
with disabilities.
We have a special responsibility to vulnerable populations such as
disabled children. We must ensure that all children, including those
with special needs, are given the best education possible. By
reauthorizing this law today, educational opportunities and outcomes
for children with disabilities have been strengthened greatly. We have
established high expectations for real educational results for disabled
children.
The purpose of the Individuals with Disabilities Education Act is to
ensure that all children with disabilities have available to them a
free appropriate public education that includes special education and
related services to meet their unique needs. More than two decades ago,
when I was just in my first term as a Senator, we said to our schools,
``When it comes to disabled children, exclusion from public education
is unacceptable.'' But the Federal Government has never paid its proper
share of the cost of the special education mandate it imposed on States
and schools.
With the reauthorization of IDEA today, the Senate has reaffirmed its
funding commitment to children with disabilities. But more than just
increasing the funding for this program, the Senate has ensured better
results
[[Page S5399]]
for students with special needs, reduced the paperwork burden for
teachers and school officials, and maximized parental involvement and
choice.
Prior to the passage of IDEA in 1975, many students with disabilities
were provided an inadequate education or none at all. Our society has
made great advancements in the way that we deal with the disabled. We
have finally realized that disabled children need better results, and
that parents need better information and options.
The IDEA reauthorization signals another important step for education
reform in the United States. This law will undoubtedly improve academic
results for children with disabilities, and it is for this reason that
I am supporting this legislation. I would also ask that the leadership
on both sides continue to work together to get this bill to the
President. Unnecessary delay could disrupt the delivery of important
legislative gains for children with special needs and the school
districts that provide their educational opportunities.
Mr. SCHUMER. Mr. President, I just want to take a few minutes to
express my deep disappointment that the Senate has once again failed to
keep our promises to adequately fund our schools. The Senate's
inability to pass the Harkin-Hagel amendment yesterday is an outrage.
The amendment would have put us on a 6-year track to finally fulfill
the Federal Government's promise to fully fund the Individuals with
Disabilities Act--a promise made to our schoolchildren and our local
districts 30 years ago.
The key with the Harkin-Hagel amendment--which I was very proud to
cosponsor--was that it made the funding mandatory. It would have
finally mandated that within 6 years, the Government fulfill its
promise to cover 40 percent of the costs of educating special needs
children in this country. Nationally, at current spending levels, the
Federal Government only covers about 19 percent of the costs--and in
New York, the figures are much lower than that. Some districts in New
York spend nearly one-fifth of their overall school budgets providing
quality special education programs. Yet for many districts, Federal
funding only covers 8 or 9 percent of these costs.
I have talked to school superintendents all over the State about the
budget crunches they are in--crunches that are exacerbated by the
economy, tight State budgets, and year after year of being shortchanged
by the Federal Government. Last month, the Campaign for Fiscal Equity
in New York reported that New York State will need $9.5 billion more
for education funding over the next 4 years, but it has not yet been
revealed where that money will come from. Schools across the State are
struggling to balance their budgets--and are often forced to raise
local property taxes to fund the Federal mandates we place on them.
The administration's proposal would increase IDEA funding by only $1
billion this year. At that rate of increase, we won't reach full
funding until 2028--50 years after we promised it to our districts.
Under the administration's budget, New York State will receive
approximately $729 million in fiscal year 2005 funding. If we were at
full funding, New York would be getting $1.49 billion next year. Under
the Harkin-Hagel amendment, New York could expect $807 million in
fiscal year 2005, and steady, solid increases in the subsequent 5 years
to get the State to the full amount.
My office did an analysis, using data from the Congressional Research
Service, the National Education Association, and the Department of
Education, comparing the administration's fiscal year 2005 funding
proposal to what various regions of the State would be receiving in
2005 under full funding. The shortfalls were shocking:
New York City will be shortchanged $303 million under the
administration's budget. Under full funding, they could expect $565
million, but they are only going to get $262 million.
Schools in Western New York, which includes Buffalo, will be
shortchanged $58 million. They should be getting $108 million, but will
only see $50 million.
In Central New York, the region which includes Syracuse and the
surrounding counties, schools will be shortchanged $43 million. They
will get $37 million instead of $80 million.
In the Lower Hudson Valley, just north of the city, schools will get
$45 million instead of $96 million.
Schools in the Rochester/Finger Lakes region will get $43 million
instead of $93 million.
Schools in the Southern Tier of the State will be shortchanged $13
million. They will see $11 million instead of the $24 million they were
promised by Congress in 1975.
The Senate had a real opportunity yesterday to make a difference in
the lives of the families we are here to protect and represent. But I
am ashamed that only 56 of us stepped up to the plate. For all the
rhetoric we have heard over the last several years about the importance
of making a true commitment to our kids, it is nothing more than
schoolyard banter if we don't fund our promises.
We can make no better investment than providing a high-quality
education for all of our kids--ensuring they have access to the best
teachers, cutting-edge curricula and books, and access to the special
services they need to learn, advance and become productive members of
society.
Yesterday we had a chance to make it right. Our schools simply asked
for the funding they were promised to provide kids with the services
they need, and 41 Members of this body said no. We will be back. We
will keep coming back, and we will keep fighting the fight until our
kids and our schools get what they were promised and what they deserve.
Mr. ENSIGN. Mr. President, I believe that this legislation is the
next step toward ensuring that all children with disabilities receive
the education and services they deserve. I am pleased to lend my
support to the passage of S. 1248, the Individuals with Disabilities
Education Improvement Act of 2003. This legislation has been carefully
crafted to balance the concerns and wishes of students, parents,
teachers, principals, and superintendents.
As a new member to the Health, Education, Labor and Pensions
Committee, it has been a pleasure to be involved in this
reauthorization from the very beginning. I have worked hard to ensure
that the needs of the children, parents, teachers, and administrators
in my home State of Nevada have been met. I have heard from Nevadans
the problems they face when dealing with the complexities of IDEA and
believe this bill addresses many, if not all, of their concerns.
During one of my rural tours, I had the opportunity to stop in
Minden, NV, which is located in the Douglas County School District. As
part of my time there, I went to a school to meet with parents,
teachers, students, and the superintendent of the school district.
While many topics and issues were discussed during that time, the one
that has stuck out the most in my mind is IDEA. The superintendent told
me stories and gave examples of the difficult time he and his staff
have had in dealing with the complexities of IDEA, especially the
regulations related to discipline. It finally got so bad the Nevada
State Department of Education had to put out a handbook to describe the
regulations.
Just recently, the superintendent for Washoe County School District
was in town, and he shared with me many issues of importance for his
schools, including funding for IDEA. He told me that while additional
funding for No Child Left Behind programs would be nice, funding for
IDEA was much more important to the financial well-being of his
district. We talked about the recent press regarding charges that No
Child Left Behind is an unfunded mandate, but he replied that there is
no greater unfunded mandate and burden on the financial state of
districts than IDEA.
It is with these experiences in mind that I come to the floor today
to discuss S. 1248, the Individuals with Disabilities Education
Improvement Act of 2003. I am particularly pleased to see that this
legislation focuses on the goal of improving the academic achievement
and long-term goals of these students rather than burdensome
administrative checklists. In 1954, the United States Congress made it
clear that ``all children'' included racial minorities, and in 1975 we
expanded this to include children with disabilities by ensuring that
all children receive a free and appropriate public education. This
legislation complements the work done with the No Child Left Behind
Act, and helps ensure that no child is left behind.
[[Page S5400]]
Unfortunately, the focus of IDEA has moved away from providing
students with disabilities a quality education and towards ensuring
that teachers, schools, and districts are simply in compliance with the
law. The current accountability provisions in IDEA focus more on
compliance in terms of paperwork and lawsuits, rather than on student
performance and outcomes. I believe that S. 1248 changes the direction
that IDEA is moving by simplifying the paperwork requirements, giving
States greater flexibility, and making the process of disciplining
students with individualized education plans, commonly known as IEPs,
easier.
Changes contained in S. 1248 will simplify the IEP process for
parents and teachers, while maintaining the flexibility both parties
need to include additional information, outcomes, and goals for
individual students. The IEP process had become a burdensome and time-
consuming endeavor for all parties that often produced little for the
child involved. Rather than focusing on short-term objectives for every
child, the Senate bill requires that IEPs contain only long-term goals
and objectives that are focused on the child's academic achievement and
functional performance goals for the school year. This change
recognizes that not all children will make great strides on the
academic side of the equation, but may excel in their functional
achievements. I know that some parents in Nevada have expressed concern
over this change, but I believe this will be more beneficial to
individual children by eliminating a one-size-fits-all approach for
IEPs.
Another area of great concern to parents, teachers, and
administrators has been the discipline provisions contained in IDEA.
The Senate version simplifies the framework for schools to administer
IDEA but also ensures the rights and the safety of all children. In
Nevada I have heard from numerous school principals, superintendents,
and teachers about the difficulties they have when it comes to
disciplining a disabled student. They have complained not only about
the dual-discipline system created by IDEA but also about the
incredibly complex rules and regulations they must follow if a disabled
student does violate school rules. The Senate language will allow
schools to suspend a child with a disability who violates a code of
conduct and withhold services during the suspension. Schools would be
allowed to discipline a child with a disability in the same manner as a
child without a disability for school code violations so long as the
violation was not related to the child's disability. An agreement has
also been reached with regards to offenses related to weapons and drugs
for children with disabilities. While this language is a great
improvement on current law, I still have concerns about the complexity
of these provisions and the continued burden faced by teachers and
principals in completing paperwork and fighting lawsuits related to
discipline.
That said, this legislation also makes great strides in other areas,
such as providing special education teachers the initial training they
need and the ongoing educational support and assistance required in the
classroom every day. Parents will no longer be faced with reams of
paper every time they go to a meeting with their child's teacher.
Children will be taught by highly qualified teachers and receive the
services they need to succeed in school. Students will also be provided
with important transition services as they leave high school and enter
either the workforce or postsecondary education opportunities.
I have heard from many parents in Nevada who believe their child's
teachers and principals are overburdened with paperwork related to
their child's education. They also have felt bombarded with notices
explaining to them their right to sue school districts if they do not
believe their son or daughter has received the services necessary for
he or she to succeed. This legislation, I believe, strikes that
delicate balance between parents who believe they are getting too much
information and those who believe they are not getting enough. I am
always careful not to have too great an impact on the important
relationship between a parent and a teacher from Washington, DC.
The issue of Federal funding for IDEA has been an issue of huge
concern not only to my constituents, but to every school district in
the country. Every school district in Nevada has contacted me with a
very legitimate concern in that the Federal Government has never lived
up to the promise it made in 1975 to provide 40 percent of the excess
cost to educate a child with a disability. Currently, the Government is
providing funding that pays for about 20 percent of the excess cost to
educate children with disabilities. I completely agree that the Federal
Government must live up to its promise to provide this crucial funding
to our schools. IDEA is truly an unfunded mandate. However, I believe
we must continue to fund these programs on the discretionary side of
the budget and not move funding to the mandatory side of the budget.
Moving funding to the mandatory side of the budget places it in the
same category as Medicare and Social Security and above other education
programs. I do not believe it is right to make IDEA an entitlement and
elevate it above other, equally important, Federal education programs.
Not only would IDEA funding be placed in a higher category than other
education programs, but moving funding to the mandatory side of the
budget has the potential to increase the deficit. We cannot afford to
continue deficit spending and place the burden of our unrestricted
spending on the backs of our children. I believe we must work to make
IDEA funding a true priority both during the budget process and the
appropriations process. We should work to increase funding at large
levels every year to reach the 40-percent marker.
In addition, funding for IDEA has substantially increased over the
past 4 years. In fact, assuming the President's $1 billion increase for
this year is approved, funding has increased by $4.7 billion, or 75
percent, since 2001. Since 1996, when Republican's took over control of
Congress, funding for IDEA has increased by 224 percent, yes, 224
percent. If the President's $1 billion increase is approved for this
year, funding will have increased by 376 percent in less than 10 years.
Nevada has seen funding nearly double in the past 4 years. Since 2001,
funding has increased by 84 percent, one of the largest increases in
the country. While I recognize we are only at half of our promised
level of funding, it is clear that Congress is making great strides to
living up to its promise.
I hope we can continue the great progress we have made on this
important legislation and appoint conferees to work out our differences
with the House-passed legislation. This issue is too important to fall
victim to partisan politics. We cannot allow children with disabilities
to be held hostage because of the partisan atmosphere of the Senate.
Finally, I thank both Senator Gregg and Senator Kennedy for their
hard work on this legislation and dedication to this important issue. I
look forward to working with both of them on future reauthorizations in
the HELP Committee this year.
Mr. PRYOR. Mr. President, I rise today to commend my colleagues, the
senior Senator from Massachusetts, Mr. Kennedy, and the senior Senator
from New Hampshire, Mr. Gregg, for their work on a very important piece
of legislation that is so vital to many parents, teachers, school
administrators, and most importantly, children in the State of Arkansas
and across this country. It is especially important that on issues such
as this we have bipartisan cooperation, and I thank my colleagues for
ensuring that cooperation and the quick action we have seen on the
Individuals with Disabilities Education Act yesterday and today.
I have heard from many of my constituents about IDEA, and they have
expressed a wide range of concerns about various aspects of the
legislation, from discipline, to due process, to funding, to
individualized education programs. And we all know that no one got
everything they wanted from this reauthorization. But that is the
nature of compromise. That is the nature of legislating in this body.
It is my hope that we can find more opportunities to work in the
bipartisan manner that Senator Kennedy and Senator Gregg demonstrated
in managing this bill.
Just to remind my colleagues, though I know they do not need
reminding, because so many of them hear
[[Page S5401]]
the same concerns I do from their home States, we cannot overstate how
important IDEA is to so many and how it touches the lives of our
children every day. I would like to relate the comments of one of my
constituents, Tracey Smith, of Springdale, AR.
Ms. Smith's son, Kyle, is an 8-year-old who has been the beneficiary
of IDEA since 2000. Kyle's family moved from Texas to Arkansas during
the middle of a school year, and Ms. Smith called me to talk about how
IDEA has helped Kyle and to talk about some of her concerns with the
pending reauthorization. She stressed how important yearly IEPs were
for her son and how short-term goals were so vital to her son's long-
term achievement. It is important that IEPs continue to be revisited on
a yearly basis, and I am encouraged that we have managed to ensure this
important aspect of special education will remain in the Senate
legislation.
Furthermore, Ms. Smith was nervous that people in Washington, who do
not experience on a day-to-day basis the trials parents and children
have to face, would not understand how changes we make affect their
daily lives. IDEA has provided much-needed flexibility for parents, and
this legislation continues in that manner. As Ms. Smith told me:
As a parent I appreciate and value the freedom that IDEA
gives parents and educators to address an individual child's
needs.
And that is what this is about, individual children and individual
parents. It is about addressing their educational needs and concerns,
addressing their daily struggles in the hopes that we can make their
lives a little more normal, even if it is only for 1 day. I admire
parents like Tracey Smith, and I commend her for having the courage to
remind us of the effect we have on persons we may not always know.
I know there will be many issues related to civil rights, discipline,
due process, and highly qualified teachers to address in the conference
with the House of Representatives. I hope they are resolved in the same
bipartisan manner in which this bill was crafted in the Senate and with
parents and children in mind. We have worked hard to ensure civil
rights protections for children and parents, and I hope they are not
diminished. We have worked hard to craft discipline provisions that
protect all of our children while understanding disabled children have
special needs, and I hope we can continue to ensure the safety of our
schools. We have worked hard to include protections for due process,
and I hope any differences are resolved to ensure parents know and
understand their rights under the law without giving unfair advantage
to any one party. We have worked hard to make sure our children have
proper instruction, and I hope we continue to ensure proper instruction
without discouraging individuals from entering the field of special
education. Most of all, I hope we have a finished product that all
parents, educators, and, most importantly, children can benefit from.
This is a bipartisan bill, and I am pleased with the progress we have
made in the past couple of days in regards to funding, ensuring
services to our military families and homeless and foster children, and
reducing burdensome paperwork for our teachers. I am, however,
disappointed that we failed to make full funding mandatory. Senators
Harkin and Hagel have worked very hard to ensure the Federal Government
lives up to the promises we made to our disabled children, parents, and
schools almost 30 years ago. I was very pleased to join in that worthy
cause, and I will continue to work with my friends on both sides of the
aisle until we meet our commitments. As we in this body are all aware,
funding is not always the answer, and it is never the only answer. But
many times we see that inadequately funding the mandates we force on
States and local districts are such a large piece of the puzzle. We
cannot honestly say we are doing all we can to advance education for
disabled children unless we meet those funding commitments. It doesn't
do us any good to educate some and leave others behind. Instead of
providing opportunity for many of our children, we are closing doors to
them. Instead of educating and instructing future productive citizens,
we are, in some cases, neglecting those who will become dependent on
Government and those who will live a life of despair.
I believe fully funding IDEA is not just a commitment we have made,
but also an investment in our children. By appropriating the necessary
funds to fully fund IDEA, we can provide our teachers the tools and
resources they need to do what they do best--educate all of our
children to the extent that they not only participate in but contribute
to society. It is an investment we should and we can afford to make.
Several of my colleagues made the point that by making full funding
mandatory, Congress would somehow lose the ability to revisit and
change the adjustments we have made in this legislation. I disagree. I
would ask my colleagues, when has Congress failed to address
problematic aspects of any piece of legislation when it was so
warranted? When has the Congress given up oversight of any area of
responsibility? I would venture to guess that mandatory funding of IDEA
would not prevent this body from revisiting IDEA if and when it becomes
necessary.
We have made progress toward living up to our commitments in recent
years. We should be proud of that progress. In fact, when IDEA was
brought into existence in 1975, Congress funded less than 7 percent of
the excess costs to schools for special education. In 2004, we funded
close to 19 percent of excess costs. We have made progress, no one
denies that, but as the Senator from Iowa, Mr. Harkin, so eloquently
pointed out: We should not be concerned with what we have done. We
should be concerned with what we will do now to reach our commitments.
I commend this body for realizing we need to do more for special
education. But if we continue to make piecemeal increases in IDEA, we
will never reach full funding under current law. I hope in the coming
months and years we can make progress toward fulfilling the 40 percent
commitment. We can do better. We can do more. And I commend and thank
my colleagues on both sides of the aisle for their leadership and
commitment to this issue.
Mr. DURBIN. Mr. President, in 1975, Congress made the historic
decision to require all public schools to accept and educate children
with disabilities in the least restrictive environment. That law still
serves as the basis for the Individuals with Disabilities Education
Act.
As part of the original law, Congress acknowledged that the Federal
Government would need to contribute 40 percent of the extra costs of
educating students with disabilities. Sadly, we do not seem to have a
very good track record. Today--30 years after that critically important
legislation was enacted--the Federal Government pays less than 20
percent of the additional cost.
I commend my colleagues, Senators Hagel and Harkin, for offering the
amendment to move the Federal share to 40 percent over 6 years. This
amendment is an appropriate and overdue response to our schools who are
living up to their end of the bargain, and I was pleased to support it.
Unfortunately, the amendment failed by a slim margin.
National organizations--ranging from teachers' groups to the
disability rights movement to education advocacy groups--have urged
this body to support the Hagel-Harkin amendment. There is broad and
deep recognition that mandatory full funding is the right thing to do
and that this is the right time to do it. Our schools need this
funding.
I got a letter this week from the Superintendent of the Orion
Community Unit Schools asking me to support IDEA. He says, ``Please
understand that reauthorization is imperative for the financial
stability of the public schools in Illinois.'' The Orion school
district is in the top 5 percent of Illinois schools academically. It
has cut its budget each of the last 2 years by 3.4 percent. And yet
Orion has been placed on the financial early warning list.
Two years ago, this Congress enacted the No Child Left Behind Act.
The purpose of that law is to close the achievement gap. For too many
of our children, especially those who have disabilities, we had become
complacent about lowered expectations. I voted for that law because I
believe every child, including those with disabilities, can succeed.
But lower teacher ratios, qualified teachers, specialists, tutoring,
early
[[Page S5402]]
intervention--all of these proven means to improved academic
achievement require resources. It is hard for me to understand how we
can say that we as a nation expect 100 percent proficiency in basic
academic skills, but we can not afford to fully fund No Child Left
Behind. We expect all but the most severely cognitively disabled
students to meet Adequate Yearly Progress, but we cannot afford to
fully fund IDEA. We expect our schools and teachers to work effectively
with children who face every adversity, but we can't afford to provide
federal education funding at promised levels. Meanwhile we find somehow
that we can afford to hand out tax breaks to the wealthiest and most
advantaged among us.
Congress meant what it said in 1975 with the enactment of IDEA.
Children with disabilities have the right to a free and appropriate
education. And we meant what we said in 2001. Every child is expected
to learn. Both laws affirm that access to a quality education is a
civil right in this country.
I am disappointed that we were not able to pass the Hagel-Harkin
amendment. But I strongly support the underlying bill. This
reauthorization will do much for students with disabilities, their
families, and the schools they learn in. But it is up to the Congress
of 2004 to fulfill the promise of the Congress of 1974. It is time for
this body to put its money where its mouth is.
Mrs. CLINTON. Mr. President, I am proud to be a cosponsor of S. 1248,
and would like to thank Chairman Gregg and Senator Kennedy for working
in such a cooperative and bipartisan way on this important legislation.
I strongly believe in every child's right to a free, appropriate
public education, and I appreciate the leadership you both have shown
in working to ensure that this reauthorization bill protects that
right. I believe the bill before us today is better than the House bill
due largely to your commitment.
This bill ensures that children with special needs receive a free,
appropriate public education while supporting teachers and other school
staff, strengthening monitoring and enforcement, involving parents more
thoroughly in the education of their children, resolving disputes
equitably, and improving the transition between school and beyond.
I am particularly pleased that this bill includes several provisions
that I supported. The first I sponsored with Senator Sessions, and it
is embodied in S. 1321. This provision will channel $25 million
directly to local school districts to help children with emotional and
behavioral disabilities. This program will support investments in
positive behavioral supports, whole school interventions, and improve
the quality of interim alternative educational settings. These funds
will help schools invest in professional development, provide for early
interventions, and fund whole-school interventions that train school
administrators, support staff, and parents to help students with
disabilities succeed.
This bill also includes provisions of the Personnel Excellence for
Children with Disabilities Act, which I was proud to cosponsor. This
act creates two new grant programs to support personnel preparation--
one to help schools recruit and retain new special education teachers,
and another to better prepare general education teachers to work with
children with special needs.
New York faces a major shortage of qualified special education
teachers, and I believe it is critical to dedicate resources to
recruiting, retaining, and providing ongoing professional development
for all teachers--general education and special education. These funds
will go a long way to achieving this goal.
In addition, I am pleased that the Senate adopted an amendment that I
offered yesterday to include the Department of Education as a key
partner in the planning and execution of the National Children's Study.
This study will be the most comprehensive examination of children's
health ever conducted in this country. It is critical that schools,
where children spend more time than anywhere other than their homes, be
included in this analysis. By including the Department of Education we
will gain valuable insight into the role that environmental factors
play in contributing to developmental disabilities.
While I am so pleased with all of the provisions I have mentioned, I
am deeply disappointed that Senator Harkin's amendment to provide
mandatory full funding for IDEA failed yesterday. This amendment has
strong bi-partisan support, thanks to the leadership of Senator Hagel
on the Republican side, and it represents the only true mechanism to
ensure that Congress keeps the promise it made in 1975. Back then,
Congress vowed to provide 40 percent of the cost of educating children
with special needs. To date, we have never even come close. By relying
on discretionary funding we are virtually guaranteeing that we will
never achieve the 40 percent threshold. And it is our children and
local taxpayers who pay the price. So I will continue to work with
Senator Harkin, Senator Hagel, Senator Kennedy and my other colleagues
to ensure that one day we achieve the victory we were not able to
yesterday.
In one of my first experiences out of school, I was tasked by the
Children's Defense Fund with reconciling census data with school
enrollment. This project developed out of a realization that many
children who were living in a given community were not enrolled in
school. As I went door to door and talked to the families, I quickly
realized that the children left out were the ones with special needs.
The Individuals with Disabilities Education Act of 1975 fixed that
problem. It promised every child--regardless of their needs--a free,
appropriate public education. Today, we are strengthening that law and,
more importantly, that promise.
As a Senator from New York, I continue to hear stories about how
critical IDEA is for children with disabilities. One parent recently
came to my office to visit with his son who suffered brain trauma and
now has cerebral palsy and other developmental disabilities. Kevin
attends elementary school in the Port Washington School District in
Long Island. Because of his special needs, he receives daily one-on-one
instruction from a licensed teacher's assistant, 10 hours of speech
therapy and three sessions of occupational therapy each week. This
investment would have been unheard of 30 years ago. But today, Kevin is
able to keep up with his courses in a mainstream 5th grade classroom
setting. His success is possible because of IDEA and Kevin is on course
to successfully pass the 5th grade and graduate into 6th.
Kevin's story should remind us all why this bill is so important.
Simply put, it ensures that both teachers and parents have the tools
they need to help children with disabilities succeed. So I urge all of
my colleagues to join me in supporting S. 1248. And as this bill moves
forward I hope my colleagues will continue to maintain the best
interest of our children and uphold the spirit and intent of the
original law.
Mr. DASCHLE. Mr. President, by reauthorizing IDEA, the Individuals
with Disabilities Education Act, today, the Senate reaffirms America's
commitment to ensure that every child is given the opportunity to
develop his other God-given talents and abilities to their fullest
potential.
I commend our colleagues, Senator Gregg and Senator Kennedy, for
their diligence and bipartisan leadership. This bill demonstrates that
the Senate can indeed do good and important work when both sides are
willing to listen to each other and make principled compromises.
IDEA is more than simply an education program; it is one of our
Nation's most important civil rights programs. Because of this law,
America now provides real educational opportunities for children who,
in an earlier time, might never even have attended a school.
It is not only the children who benefit; all Americans benefit when
we develop the potential of every American.
This bill strengthens America's commitment to ensure that every
student has access to a free and appropriate education. It holds
accountable for helping each child achieve his or her potential at the
same time it reduces the paperwork burden on schools and increases
local flexibility.
This bill makes it easier for parents to participate in their
children's education and improves the process for resolving disputes.
It provides resources to make sure that special education teachers
and
[[Page S5403]]
other personnel are well trained and well supported.
It strengthens early intervention and preschool services, to make
sure that children with disabilities get the best possible start in
school. It also creates a stronger bridge between high school and post-
secondary education or employment, to help young people with
disabilities become full contributing members of American society.
WE know that schools often face challenges in meeting IDEA's
requirements. We also know that man parents of children with
disabilities consider the law complicated, and they sometimes don't
know where to turn for help. It is my hope that improvements in this
bill will make the law easier to understand and follow for everyone
involved--parents, teachers and school administrators. I also hope that
Democrats and Republicans will continue to work together to make
additional improvements and changes in the future.
But even the best laws cannot work if they are not funded. I am
greatly disappointed that our Republican colleagues have refused to
adequately fund this law.
It has been 29 years since the Federal Government promised to provide
40 percent of the cost of special education in America, yet we still
provide only 19 percent of those costs. But schools have to provide the
services--even if Congress doesn't provide the funds. This places
tremendous pressure on local school districts to shortchange other
education programs, and can create unnecessary tensions between
families of children with special needs, and other families.
The bipartisan Harkin-Hagel amendment would have guaranteed full
funding for IDEA. When we first considered that idea, the Republican
leadership told us, ``That's a great idea--but first we have to reform
the program.'' So we worked with our colleagues to make those reforms.
Yet most of our Republican colleagues still refused to support full
funding.
Unfortunately, the Republicans' idea of meeting us halfway seems to
be to create a program but not fund it--to pass an authorization bill
but then refuse to pay for it. They would rather spend the money on
more tax breaks for millionaires. I think that is a shame. I urge the
President and our Republican colleagues to reconsider their priorities
and work with us in good faith to honor the Federal Government's
promise to provide 40 percent of all special education funding. As I
have said before, real reforms require real resources.
I have spoken with many teachers and parents in South Dakota who tell
me that, in an ideal world, every child would have an individual
education plan. Every child has strengths and abilities, just as every
child faces challenges. And every child benefits when the adults in his
or her life work together to develop those strengths and abilities, and
help them deal with their challenges. This bill provides a blueprint to
make sure that young people in greatest need of such individualized
attention and instruction get those opportunities. It is a bipartisan
victory for those children, their families, and all Americans.
There are significant differences between the House and Senate bills
that will need to be resolved if Congress is to complete action on this
legislation. Senator Kennedy has informed me that he hopes to work out
a preconference agreement on several key issues. I will support him in
this effort and look forward to working with the majority leader to
make progress on this important legislative issue.
The PRESIDING OFFICER. The Senator from Massachusetts.
Mr. KENNEDY. Mr. President, I yield myself 10 minutes.
Today, the Senate moves a large step closer to guaranteeing that
children with disabilities can obtain the education they need in order
to reach their full potential. Today is a victory for disabled
children, a victory for the parents of these children, and a victory
for our country. Today we renew our commitment to the education of
every child in the nation.
We know that disabled does not mean unable. Children with
disabilities have the same dreams as every other child in America--to
grow up and lead a happy and productive life. We know that IDEA helps
them fulfill that dream.
IDEA says children cannot be cast aside or locked away just because
they have a disability. Those days are gone in America--hopefully
forever.
Children with disabilities have rights like every other child in
America, including the right to join other children in public schools
so they can learn and prepare themselves for the future.
This law is about disabled children and their rights. It is about
their hope and dream of living independent and productive lives. It is
about parents who love their children and fight for them every day
against a world that's too often inflexible and unwilling to help them
meet their children's needs. It is about teachers who see the potential
in a disabled child, but don't have the support or training they need
to keep it alive.
That is what this law is about. It is our statement as a nation that
these children matter and that we will do our part to help their
parents and teachers and communities meet their education goals. That
is why the government should make an iron-clad commitment to provide
the resources for special education. That is why it is important to
develop a solid education plan for each child, to chart the progress,
and to hold schools accountable when they fall short. It sounds like No
Child Left Behind, and it is--``No Child'' means ``No Disabled Child
too.''
Later this month, we observe the 50th anniversary of the Supreme
Court's historic decision in Brown v. the Board of Education, which
struck down school segregation by race and said that all children have
equal access to education under the Constitution. But it was not until
the passage of the Education for the Handicapped Act in 1975 that the
Brown decision had real meaning for children with disabilities.
Only then did we finally end school segregation by disability, and
open the doors of public schools to disabled children. Only then did
the nation's four million disabled children begin to have the same
opportunities as other children to develop their talents, share their
gifts, and lead productive lives.
We must never go back to the days when disabled children were
excluded from public education, when few if any preschool children with
disabilities received services, and when the disabled were passed off
to institutions and substandard schools where they were out of sight
and out of mind.
We've made tremendous progress since those dark days. Today, six and
a half million children with disabilities receive special education
services. Almost all of them--96 percent--are learning alongside their
non-disabled peers. The number of young children with early development
problems who receive childhood services has tripled since 1975.
The opportunities for further progress are boundless. We know far
more about disability today than a quarter century ago. We understand
the various disabilities of children, and how to help them all to learn
and achieve. We are learning more each day about the enabling power of
technology to help disabled children lead independent lives--it lets
them communicate, explore the world on the Internet, move in ways we
couldn't have imagined 5 years ago, much less in 1975 when the law was
first enacted.
This legislation builds on the enormous progress we have already made
by recognizing that in several key areas, we must do better.
We must do better in bringing the law's promise to all disabled
students in all schools. That means fully enforcing the law in every
school district in the country.
A GAO analysis of compliance shows that from educational services to
transition support, students are not getting what they are entitled to.
Even when noncompliance is identified, the Federal response is
intolerably slow. Some States violated the law for more than a decade
before the Department of Education intervened.
This failure has real world consequences for real children struggling
to get an education. I have with me today almost 2,000 letters from
parents across the Nation whose disabled children have been denied
their educational rights under IDEA.
This legislation will improve enforcement of IDEA at every level. It
requires a State-Federal partnership to design a better monitoring
system to hold States more accountable.
[[Page S5404]]
We must also improve services for children nearing graduation, so
they can leave school with the skills and continuing support they need
to succeed. For persons with disabilities, the adult world offers
little help to meet the challenges of daily life.
It is vital for these steps to be taken in school, so that all
children with disabilities can be reached before they enter the job
market and the confusing maze of adult services.
At best, only a little over half of students leaving special
education have jobs or are continuing their education 5 years later.
Often, they are transferred into the welfare system, with no
recognition of their potential.
Our bill places a major focus on early planning for that all-
important transition, and better coordination with other Federal
programs such as vocational rehabilitation and our Ticket to Work
program, to link students to more options and maximize prospects for
their independence. Welfare can't be the only option for students with
disabilities when they graduate from school.
Finally, we must do more to help special education teachers--to
recruit them, to train them, and to support them in this challenging
field. They are the men and women we depend on everyday to stand up and
say to our children: You can do it. You can succeed.
We also help special education teachers by reducing the unnecessary
paperwork that distracts teachers from focusing on students. It creates
better ways for parents, teachers, and school administrators to work
together to meet children's needs without resorting to litigation, and
provides more flexibility to parents to develop their child's education
program by teleconferencing and video conferencing.
The legislation authorizes new funds to improve the quality of
alternative placements, and to provide better behavioral supports
through whole school interventions.
The legislation provides more flexibility for schools to discipline
students, with safeguards so that discipline is not used as an excuse
to halt educational services, and is not used to exclude or segregate
disabled children because of the failure of the school to provide for
the educational needs of the child.
Our ultimate goal should be to support disabled children, not punish
them for what they can't control.
I thank the many persons who have brought us successfully to this
day.
First and foremost, I commend the thousands of parents who met with
Members and staff, sent letters, made a phone call, and participated in
other ways in making this legislation possible. They have been citizen
leaders at their very best, and have opened our eyes to their cause and
let us into their lives, and we are proud of all they have
accomplished.
Here in the Senate, I commend Chairman Gregg for his leadership on
this legislation over the years, and for all he has done to bring this
important reauthorization before the Senate. All of us are grateful to
Annie White on his staff as well, for her dedication to making this
bipartisan process work--and work, and work, and work.
I commend the majority leader for scheduling the consideration of
this legislation as soon as it was ready for action by the full Senate.
Because of his willingness to act so quickly, we have a realistic
opportunity to enact this important legislation into law this year. I
also commend the distinguished minority leader for making consideration
of this legislation possible and for his leadership on this and so many
other issues of importance to the Nation and giving it the priority he
has.
I also commend Senator Sessions and John Little with his staff for
their bipartisan effort in dealing with the discipline issue, which has
needlessly plagued the debate on IDEA for so long.
Senator Clinton deserves great credit for her work to ensure that new
funds are provided to improve the quality of alternative student
placements, to provide more effective behavioral supports for students,
and to see that all schools are safe schools.
Senator Harkin is always at the forefront of the movement for equal
rights for all persons with disabilities, including children, and he
has led the effort for full funding of IDEA.
Mr. President, I yield myself 4 more minutes.
Senator Dodd and Senator Jeffords worked effectively on this
legislation to improve early childhood programs. They have been two
pioneers in the development of the legislation since the very
beginning, and they have been absolutely tireless in pursuing positive,
constructive, responsive changes in these programs. They are both
leaders on children's programs in the Senate.
Senator Reed improved the training and recruitment of special
education teachers. Senator Bingaman fought for strong enforcement of
civil rights protections for every disabled student. Senator Mikulski
strengthened support for students making the transition from schools to
careers. Senator Murray improved the provisions on enforcement and the
monitoring of the law and for caring for those children who are moving,
who are in transition.
I commend as well, the many members of our staffs, who have worked
long and hard and well for the past 2 years. Our thanks go to Bethany
Little, formerly with Senator Murray's staff; Jamie Fasteau, with
Senator Murray's staff; Carmel Martin, formerly with Senator Bingaman's
staff; Michael Yudin, with Senator Bingaman; Catherine Brown, with
Senator Clinton; Justin King, with Senator Jeffords; Mary Giliberti and
Eric Fatemi, with Senator Harkin; Rebecca Litt, with Senator Mikulski;
Elyse Wasch, with Senator Reed; Maryellen McGuire, with Senator Dodd;
Denzie McGoire and Bill Lucia, with Senator Gregg; Todd Haiken, with
Senator Bingaman; and Dennis Borum, with Senator Reid.
Our thanks also go out to the hundreds of disability and education
advocates across the country who worked so hard on this legislation.
I especially thank Jeremy Buzzell, Michael Dannenberg, Charlotte
Burrows, Jim Manley, Jane Oates, Roberto Rodriguez, Kent Mitchell,
Danica Petroshius and Michael Myers on my staff for their skillful work
and dedication, and above all Connie Garner for all she has done for
children with disabilities and their families and for never letting us
forget what this debate and this law is really about.
This bill represents our best bipartisan effort, and I look forward
to its immediate and imminent passage and strong support from both
sides of the aisle. As we move forward today to reconcile our
differences with the House of Representatives, I hope we retain that
same bipartisan spirit and quickly resolve our differences in this
Congress and have this signed into law to benefit the children, the
parents, and our country.
Mr. President, I reserve the remainder of the time.
The PRESIDING OFFICER. The Senator from New Hampshire.
Mr. GREGG. Mr. President, first, I thank the Senator from
Massachusetts for his help, assistance, and tireless effort in making
sure this bill moved forward, and in an extremely constructive way. We
have had considerable success in this committee in passing out of the
committee a number of major pieces of legislation that have been
bipartisan. Even in this time, as we head into a Presidential election,
when there is a bit of tension and some slowdown in legislative
activity due to the differences of opinion, which are being highlighted
both substantively and politically, we have been able to make progress
not only on special education but on other bills, such as the pension
bill, which we passed and, hopefully fairly soon, on the bioshield
bill, which is a critical piece of legislation. And that is in the last
couple months.
The special education bill is one this committee has attended to over
the years and has tried to improve. It is a very intense piece of
legislation in the sense that the parents and children who are affected
by it are immediately impacted by everything we do. Clearly, the school
systems, which try to respond to the needs of these children, and often
have very complicated and difficult issues to resolve, are also
immediately impacted.
Therefore, I am glad we have been able to reach what is clearly a
bipartisan and very positive and aggressive bill in moving forward on
the issue of giving special needs children adequate education and
appropriate education, to which they have a right and which, obviously,
we all want to accomplish.
The bill has received strong support from across the board. It is
supported
[[Page S5405]]
by the Council of Chief State School Officers, the American Association
of School Administrators, Great City Schools, the National Association
of State Directors of Special Education, the Council for Exceptional
Children, the National Center for Learning Disabilities, the
Association for the Education and Rehabilitation of the Blind and
Visually Impaired.
I think it is important to note those different groups that represent
different constituencies because sometimes there is tension between
those groups as to how special needs children should be addressed and
how they should be educated.
As Senator Kennedy has so effectively highlighted, the bill creates a
number of initiatives with which we are trying to address improvement
of the educational system as it reaches out to these children. The
first area that is the most fundamental area of change is what the
children are learning. Unfortunately, the present law that has evolved
over time has become an inputs exercise. In fact, there are something
like 819 items which must be checked off in every school district for
every child relative to the special needs of that child and how they
are educated. We came to the conclusion that this was not getting to
the bottom line.
The bottom line is, are these children learning? Is their life
improving? Are they being given the tools they need in order to
participate in society? The bill moves significantly from being an
inputs-tested bill to being an outputs-tested bill, to looking at
improvement in academic results as being the primary mode under which
we evaluate whether the bill is working relative to the children it is
supposed to impact.
Secondly, it is the teacher who is the key player in this effort.
Teachers who undertake teaching special needs children are
extraordinary people. They are giving of themselves in an immense way.
I had the chance, when I headed up a center that dealt with children
who had severe disabilities, to constantly be amazed at the commitment
of these individuals who are basically, 24 hours a day--at least in our
institution--trying to assist the children as they work through their
personal problems but also work toward learning more. What we have
tried to do is give teachers some new tools and relieve them of some of
the bureaucratic burden. That is especially important.
It is estimated that the average special needs teacher may spend as
much as a day and a half each week just doing paperwork. We tried to
reduce that and give the teachers the professional support they need
and the assistance to make sure they are qualified to deal with these
children who have very complex and difficult issues.
Thirdly, we attempt to facilitate a better relationship between
parents and the schools. Unfortunately, there is a natural tension. It
has developed over time. Sometimes it becomes quite aggravated. It not
only goes to the schools, it goes to the parents of other children in
the school and the property-tax payers in the community. There is no
reason a parent of a special needs child should find themselves in a
confrontational situation as they try to get what is the appropriate
education for their children. We have developed a whole series of
initiatives to try to, for better or worse, create dispute resolution
in a more comfortable manner rather than a confrontational and
litigious manner. This is important to the parent and to the school
system. It will mean resources, instead of being focused on hiring
attorneys and confrontation in the courtroom or confrontation in a
formal legal setting, can be focused on actually educating the child in
the classroom. That is the bottom line.
Fourth, the bill gives schools the tools they need to ensure that all
the children are safe. As Senator Kennedy mentioned, discipline has
always been a very difficult issue relative to IDEA, relative to
special needs children. Disruption in the classroom is one of the
primary concerns you hear when talking with teachers and faculty in
relation to how special needs children are handled and dealt with in
the classroom. In this bill we try to address that. We have made
significant progress.
I need to especially point out the work of Senator Sessions who
focused on this issue, and in a very constructive way moved the process
forward, so we have an excellent piece of legislation in this area.
Lastly, we do have, as part of the amendments which passed yesterday,
a glide path to full funding under the discretionary accounts, which is
the proper way it should be done. In the history of dramatic increases
in funding in this account, as was mentioned by Senator Bond, a 376-
percent increase is the fastest growing funding increase of any
spending item in the Federal budget on a percentage basis over the last
few years. The commitment is there and now the authorization is locked
in to get us to full funding in 6 to 7 years.
This is a good piece of legislation. I expect it to receive very
strong support. It didn't come about through luck and just out of the
blue. It came about because a lot of people spent a lot of time over a
significant period in constructing it and listening and bringing the
people who were involved to the table to discuss it.
I especially thank some of those folks because most of this work is
done by our staff, and they do an extraordinary job. Let me mention a
couple. Senator Kennedy has mentioned them also on his side of the
aisle.
Specifically with Senator Sessions, there was John Little of his
staff who worked so hard on the discipline issue. Senator Alexander and
his staff; Kristin Bannerman, worked very hard on providing State and
school districts greater flexibility. Of course, from Senator Kennedy
and his staff there is Michael Myers, who is staff director, and Connie
Garner, who was already mentioned, who has been a major player. And
Jeremy Buzzell, we very much appreciate his effort.
On my staff, I have some extraordinary people who have done
incredible work and deserve a great amount of accolades for this bill
getting to this point: Annie White, who is truly a specialist in this
area; Denzel McGuire, an extraordinary leader on all educational
issues; and Bill Lucia, who is equally strong on these issues. I have
had the very good fortune to have an exceptional staff--and, of course,
my staff director Sharon Soderstrom, who does an exceptional job on all
issues. We are very lucky to have these folks working for us.
As a result of their efforts, we have been able to produce what I
believe is an exceptional and a positive work product which is
consistent with the efforts of this committee generally, as I
mentioned.
I thought I might read some of the things we have been able to pass
out of this committee this year, this Congress, to reflect on how
constructive we have been, even in a time of some considerable
partisanship. We have done the genetics nondiscrimination bill; the
generics drug bill, which reduces the cost of generics; special
education; the community services block grant; the Workforce Investment
Act, if we can get that to conference; we have the trauma care bill;
the medical devices bill; the child abuse prevention and treatment
bill; the childcare block grant; the Smallpox Emergency Personnel
Protection Act; pediatric drug research authority; Organ Donation and
Recovery Act; and the Birth Defects Act. That is just a few of the
pieces of legislation we have been able to produce out of this
committee in a bipartisan effort.
I certainly appreciate the assistance of Senator Kennedy undertaking
and accomplishing this very strong record.
I reserve the remainder of my time.
The PRESIDING OFFICER. Who yields time?
Mr. KENNEDY. Mr. President, how much time do I have?
The PRESIDING OFFICER. The Senator has 16 minutes.
Mr. KENNEDY. Mr. President, I yield myself 3 minutes. We have other
speakers coming, but I want to read into the Record what difference
this law has made, which really tells the story.
This is a letter from Lyssa Bookman from Galloway, OH. This is a
letter we received, actually, a few weeks ago. I pointed out earlier
that we have over 3,000 letters on this legislation, very thoughtful
letters, enormously compelling, extremely moving; in many instances,
inspiring. I will just read from this letter:
IDEA is necessary for all children. My personal experience
started long before my daughter was of school age. She was
diagnosed with Leukemia at nine months old.
[[Page S5406]]
Due to her treatments she has long-term cognitive side
effects. I have had to beg to get any services for her. I
have never had to hire an attorney but have had to tell the
building principal and superintendent of schools that they
left me with no choice but to file suit against the district
of the IDEA laws. As soon as I mentioned it I had what I was
after. All my daughter needs is extra time to complete tests
and assignments. If the law was not in place, I would not
have a leg to stand on and my daughter would have been
miserable in school. Homeschooling would have been my only
option. She is now a fifth grade student in a gifted class
with a 504 plan giving the slight modification of extra
time. Without IDEA, she would not be able to handle the
pressures placed on a gifted student. Learning
disabilities and giftedness can go hand in hand and with
IDEA the giftedness can shine and the disability overcome.
IDEA gives the disabled child that chance to shine and
takes one worry out of the parents' minds. Thank you for
your efforts for the kids. They are the future.
I have another letter from Cathie Davis of Tennessee. She writes:
We moved to Monroe County, Tennessee where we will remain
until Angel graduates high school. Angel was the first
hearing impaired special needs student to enter their school
system and they have gone above and beyond to see to it that
Angel receives the best education possible. They provided her
with an interpreter, Joyce Boyles who has been with her since
the second grade. Mrs. Boyles put together a group they call
singing hands as a way of teaching the other students how to
communicate with Angel as opposed to only teaching Angel to
communicate with them. These students (all hearing) along
with Angel have been invited to perform at many events
throughout the State of Tennessee, signing the words to songs
such as ``I'm Proud to be an American'' by Lee Greenwood.
Angel has made all ``A's'' and ``B's'' on the sliding grade
scale and as of this year, without the aid of any Special Ed
classes and on a regular grading scale, she has maintained a
``C'' average.
Mr. President, this is the kind of mail we have received. There are
others, obviously, who have not had as much success under the old bill.
We tried to address those issues in the current legislation.
Here is another parent who wrote. Her name is Denice Cronin, from
Houston, TX. She wrote:
IDEA gave me the rights to ask for testing outside of the
school by an unbiased professional, paid for by the school.
Based on these findings, the school adjusted their style of
teaching and Bonnie again excelled. I still had to seek
outside teachings to ensure her success. The Texas Reading
Institute of Texas saved my daughter's sanity, as well as my
son's.
Today, she is a healthy 7th grade A-B student, still
classified as learning disabled. She attends, completes and
excels in the ``normal'' classroom. She even passes the TAKs
instead of taking the ``alternative testing.'' Should she run
into a setback, we have the rights and laws in place, due to
IDEA, to protect and ensure she continues to receive a ``fair
and complete education''.
In the past, these children were stored away in back rooms, even if
they were lucky enough to get into the school some years ago. We
mentioned several who have been able to benefit from the bill. We are
convinced that with the changes we have made in the legislation, many
more families will be able to do so as well.
Mr. President, I withhold the remainder of my time and suggest the
absence of a quorum, and I ask unanimous consent that the time during
the quorum call be equally divided.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. KENNEDY. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. KENNEDY. Mr. President, I understand the Senator from
Pennsylvania is expected momentarily. Let me read a hopeful letter from
Carolyn Wright, from Spokane, WA, which we received earlier this year:
My son, Aaron, attends his neighborhood elementary school.
He is in the same first-grade class as the boy who lives next
door. Sometimes after school Aaron and the neighbor boy play
together. They play Nintendo, sometimes ``boxing,'' or they
play catch.
None of that is unusual except that Aaron has Down
Syndrome. If it weren't for the Individuals with Disabilities
Education Act (IDEA) Aaron would not be in class with his
neighbor. He would not get his chance to hold the flag during
the Pledge of Allegiance. He would not have the opportunity
to tell his friends that he has a cat or to learn that
``Joey'' has a dog. IDEA has helped Aaron be a part of his
school community.
Math is a difficult subject for Aaron so he has a different
curriculum than other first graders and he is taught in the
special education classroom along with other students who
struggle with math. However, Aaron likes to read so he joins
the first-grade reading group to improve his reading skills.
Each area of Aaron's curriculum has been addressed so that he
is in the least restrictive environment possible that will
facilitate his learning.
Whenever Aaron's Individualized Education Plan (IEP) needs
revision, my husband and I are included in the discussion
with the multi-disciplinary team. Placement options are
discussed along with specific skill areas that need to be
addressed, keeping in mind Aaron's position as a member of
the community as well as his place in school. As part of the
IEP team we determine what curriculum will best meet Aaron's
needs.
We are very grateful to have IDEA. Because of IDEA Aaron is
a member of his neighborhood community and he is learning the
skills he needs to be independent. He may never be able to
live entirely independently but he will have a job and he
will contribute to society.
That is what this legislation is all about, Mr. President. We wish
Aaron great luck. We believe there are many other ``Aarons'' in the
country who will continue to benefit. We hope to do it in a better way.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. SANTORUM. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 3149, As Modified
Mr. SANTORUM. Mr. President, I send a modification to amendment No.
3149 to the desk.
The PRESIDING OFFICER. Without objection, the amendment is so
modified.
The amendment (No. 3149), as modified, is as follows:
Amend section 609 of the Individuals with Disabilities
Education Act, as amended by section 101 of the bill, to read
as follows:
``SEC. 609. PAPERWORK REDUCTION.
``(a) Report to Congress.--The Comptroller General shall
conduct a review of Federal, State, and local requirements
relating to the education of children with disabilities to
determine which requirements result in excessive paperwork
completion burdens for teachers, related services providers,
and school administrators, and shall report to Congress not
later than 18 months after the date of enactment of the
Individuals with Disabilities Education Improvement Act of
2003 regarding such review along with strategic proposals for
reducing the paperwork burdens on teachers.
``(b) Paperwork Reduction Demonstration.--
``(1) Pilot program.--
``(A) Purpose.--The purpose of this subsection is to
provide an opportunity for States to identify ways to reduce
paperwork burdens and other administrative duties that are
directly associated with the requirements of this Act, in
order to increase the time and resources available for
instruction and other activities aimed at improving
educational and functional results for children with
disabilities.
``(B) Authorization.--
``(i) In general.--In order to carry out the purpose of
this subsection, the Secretary is authorized to grant waivers
of statutory requirements of, or regulatory requirements
relating to, this part for a period of time not to exceed 4
years with respect to not more than 15 States based on
proposals submitted by States to reduce excessive paperwork
and noninstructional time burdens that do not assist in
improving educational and functional results for children
with disabilities.
``(ii) Exception.--The Secretary shall not waive any
statutory requirements of, or regulatory requirements
relating to, applicable civil rights requirements.
``(iii) Rule of construction.--Nothing in this subsection
shall be construed to--
``(I) affect the right of a child with a disability to
receive a free appropriate public education under this part;
and
``(II) permit a State or local educational agency to waive
procedural safeguards under section 615.
``(C) Proposal.--
``(i) In general.--A State desiring to participate in the
program under this subsection shall submit a proposal to the
Secretary at such time and in such manner as the Secretary
may reasonably require.
``(ii) Content.--The proposal shall include--
``(I) a list of any statutory requirements of, or
regulatory requirements relating to, this part that the State
desires the Secretary to waive or change, in whole or in
part; and
``(II) a list of any State requirements that the State
proposes to waive or change, in whole or in part, to carry
out a waiver granted to the State by the Secretary.
``(D) Termination of waiver.--The Secretary shall terminate
a State's waiver under this subsection if the Secretary
determines that the State--
[[Page S5407]]
``(i) has failed to make satisfactory progress in meeting
the indicators described in section 616; or
``(ii) has failed to appropriately implement its waiver.
``(2) Report.--Beginning 2 years after the date of
enactment of the Individuals with Disabilities Education
Improvement Act of 2003, the Secretary shall include in the
annual report to Congress submitted pursuant to section 426
of the Department of Education Organization Act information
related to the effectiveness of waivers granted under
paragraph (1), including any specific recommendations for
broader implementation of such waivers, in--
``(A) reducing--
``(i) the paperwork burden on teachers, principals,
administrators, and related service providers; and
``(ii) noninstructional time spent by teachers in complying
with this part;
``(B) enhancing longer-term educational planning;
``(C) improving positive outcomes for children with
disabilities;
``(D) promoting collaboration between IEP Team members; and
``(E) ensuring satisfaction of family members.
Mr. SANTORUM. I thank the Chair.
I ask unanimous consent that Senator Thomas be added as a cosponsor
to my amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. SANTORUM. Mr. President, I first and foremost thank Senator Gregg
and Senator Kennedy for their willingness to work with me on this
amendment. This is an amendment that comes from the many visits I had
in public schools across Pennsylvania where I heard from special
education teachers, in particular, and administrators about the
enormous amount of paperwork that special education teachers have to
deal with and how it is a point of great dissatisfaction among those
teachers, as well as a factor in what they believe is limiting their
time and limiting the quality of the education children who are covered
under IDEA receive. As a result, I wanted to create an opportunity for
States to, through a pilot, do some innovation and, working with the
Department of Education, try to reduce the amount of paperwork our
teachers have to go through.
This is a serious problem in trying to recruit and retain special
education teachers. In fact, the most recent figure I have is that in
the 1999-2000 school year, there were 12,000 special education
openings. The principal reason for that was the enormous paperwork
burden, the frustration that comes with having to deal with the
``bureaucracy'' and ``redtape,'' as it has been put to me on more than
one occasion. These positions, for the most part, were left vacant or
filled by substitutes who did not have the qualifications necessary to
teach these students who have special needs.
I suggest we are trying to address a problem that is out there, not
trying to limit the quality of the education of children with special
needs, but actually getting more qualified teachers into the classrooms
to deal with this population that does have extraordinary needs, in
some cases, but without the extraordinary amount of paperwork that
comes with meeting those needs.
We have worked closely with the NEA. In fact, the NEA has endorsed
this amendment. They say:
Paperwork reduction in IDEA is one of the highest
priorities of our members. We commend you for your
acknowledgment that excessive paperwork not only takes
valuable instruction time away from students, but is a
critical component of the retention crisis we face in the
field of special education.
This is an important issue for teachers and should be an important
issue for those parents and children in the special education system.
This is a way to keep qualified teachers, to have them spend more
quality time and better time with children in the classroom. What we
have done is set up a pilot program. The pilot program, under the
modification I just sent to the desk, is for 15 States. The goal is to
increase instructional time and to improve the results of children with
special needs.
Again, the idea here is to create an opportunity for innovation, an
opportunity for States to not waive any provisions of this act.
Particularly I know the concern Senator Kennedy and many have that the
Secretary of Education cannot waive in a request from the States any
applicable civil rights requirements. I had some parents meet with me
last week, and they were very concerned about this amendment and how it
would affect their child and their ability to get what was entitled to
them as far as education under IDEA.
Let me make it clear: Nothing in this demonstration can create a
waiver of any applicable civil rights requirements, and nothing in this
demonstration will affect the right of a child with a disability to
receive free appropriate public education. That, to me, is something at
the heart, something I know the parents want and, obviously, the NEA
should be concerned about it, as I am sure they are. I want to make it
clear that what we are talking about is things that do not really add
to the bottom line: quality of kids' education.
I am excited that Senator Kennedy and Senator Gregg have agreed. I
understand the House has a similar amendment to this amendment that has
a 10-State demonstration project. We have talked with the House, with
Senator Kennedy, and Senator Gregg. I think we have an agreement that
this 15-State demonstration is a good number and is a number we can all
agree will stay in conference.
This program will be part of this new authorization and will create
an opportunity for States--I am certainly hopeful that Pennsylvania
will be one of the States that will be participating in this
demonstration--to be innovative to improve the quality of education for
children with disabilities and be a plus for them as well as teachers
and school districts as a whole.
I yield the floor.
Mr. GREGG. Mr. President, reducing the paperwork burdens within IDEA
is one of the Senate's top priorities in reauthorizing this important
law.
We want to empower teachers to spend more time with their students in
the classroom, rather than spending endless hours filling out forms
that do not lead to a better education for students.
This bill already contains a number of excellent provisions aimed at
cutting down on unnecessary paperwork for both teachers and parents.
For instance, S. 1248 streamlines state and local requirements to
ensure that paperwork focuses on improved educational and functional
results for children with disabilities.
It clarifies that no information is required in an IEP beyond what
Federal law requires.
It eliminates the requirements that IEPs must include benchmarks and
short-term objectives that generate more paperwork, but requires a
description of how progress is measured, including quarterly reports to
parents.
It reduces the number of times that procedural safeguards notices
must be sent out to parents to once per year, unless their parent
registers a complaint or requests a copy.
It ensures that State regulations are consistent with IDEA and that
any state-imposed requirements or paperwork reporting are clearly
identified to local educational agencies.
And it requires the Secretary to develop model forms, review
paperwork requirements and provide Congress with proposals to reduce
the paperwork burden on teachers.
This is a great start on reducing paperwork for teachers, parents,
and administrators.
However, we need to do more.
The amount of paperwork special education teachers are required to
complete is burdensome, takes valuable time away from the classroom,
and undermines the goal of providing the best quality education
possible to all children.
Let me give you some statistics to illustrate this problem.
According to a recent study by the Council for Exceptional Children,
a majority of special educators estimate that they spend a day or more
each week on paperwork, and 83 percent report spending half to one and
a half days per week in IEP-related meetings.
Special education teachers spend an average of 5 hours per week on
paperwork, compared to general education teachers who spend an average
of 2 hours per week on paperwork. The average length of an
individualized education program, or IEP, one of the biggest sources of
paperwork, is between 8 and 16 pages. Fifty-three percent of special
education teachers report that, to a great extent, their routine duties
and paperwork interfere with their interaction with their students.
[[Page S5408]]
Special educators spend more time on paperwork than grading papers,
communicating with parents, sharing expertise with colleagues,
supervising paraprofessionals and attending individualized education
program meetings combined.
While special educators spend the majority of their time on paperwork
filling out compliance and documentation-related paperwork, general
educators spend most of their time completing instructionally relevant
paperwork such as tracking students' academic progress across the
curriculum.
With these overwhelming paperwork burdens on teachers, we need to ask
ourselves what kind of effect they are having on our special education
system.
Special education teachers feel excessive paperwork interferes with
their ability to serve children with disabilities more effectively. The
study of personnel needs in special education, SPENSE, sponsored by
OSEP reveals that special education teachers often cite required forms
and administrative paperwork as an area of dissatisfaction with their
working conditions.
The excessive amount of paperwork currently inherent in the process
overwhelms and burdens teachers, robbing them of time to educate their
students. It also makes it more difficult for school districts to
retain and recruit highly qualified special education teachers.
Studies from the Department of Education show that the nation is
facing a significant shortage of special education teachers, and many
special educators leaving the field cite the burden of unnecessary
paperwork as one of the primary reasons for their departure.
Simply put, teachers, schools, local educational agencies, and States
should be relieved of irrelevant and unnecessary paperwork burdens that
do not lead to improved educational outcomes for children with
disabilities.
Therefore, I support the amendment of the Senator from Pennsylvania,
which authorizes a pilot program allowing States to demonstrate
innovative and creative measures to reduce the paperwork burden.
The Secretary of Education would be authorized to grant waivers of
paperwork requirements to 15 States based on proposals submitted by
States for reducing paperwork.
The goal is to increase instructional time and resources and improve
results for students with disabilities.
This pilot program is not meant to decrease any of the rights
children have under the Act, but is intended to allow those States who
choose to participate to think creatively and innovatively about how to
best meet the demands of the Act while reducing the paperwork burden so
school personnel can focus on educating children with disabilities.
In fact, we clearly state that the Secretary of Education may not
waive any applicable civil rights requirements or procedural safeguards
under Section 615, and nothing in the demo will affect the right of a
child with a disability to receive a free appropriate public education,
FAPE.
The amendment also includes a rigorous reporting requirement to
ensure that the Secretary reports to Congress about the success of this
program in reducing unnecessary paperwork while preserving the rights
of children served under the Act.
The National Education Association, made up of 2.7 million teachers,
supports this amendment. The NEA says that paperwork reduction in IDEA
is one of the highest priorities of its members.
I urge my colleagues to pass this amendment, so that our Nation's
teachers can spend more time on providing high quality education
services to our Nation's children with disabilities--rather than on
filling out mounds of unnecessary paperwork.
Mr. BINGAMAN. Mr. President, I am very pleased that Senator Santorum
and I were able to reach agreement on this amendment. The Paperwork
Reduction Demo would provide up to 15 States with the opportunity to
develop innovative methods of reducing burdensome paperwork so that
teachers can spend more time teaching and improving educational and
functional outcomes for children with disabilities. At the same time,
it protects a child's right to a free appropriate public education, and
the procedural safeguards necessary to ensure this right.
IDEA is sometimes seen as a controversial piece of legislation. It is
a unique blend of civil rights law and State grant program, and as a
result, often pits the constitutional rights of children with
disabilities to a free appropriate public education against the
flexibility teachers need to teach. I believe this amendment strikes a
good, fair balance.
As we reauthorize IDEA, it is important to note that next week, this
country will be celebrating 50 years of public school desegregation. In
the landmark decision of Brown v. Board of Education, Chief Justice
Warren wrote that ``in the field of public education, the doctrine of
`separate but equal' has no place.'' This decision literally opened the
doors of our public schools to all children, regardless of race.
The doors to a public education, however, did not open quite so
quickly for children with disabilities. Twenty years after the decision
in Brown, children with disabilities were still being segregated.
In the 1970s schools in America educated only one in five students
with disabilities. More than 1 million students were excluded from
public schools, and another 3.5 million did not receive appropriate
services. Many States had laws excluding certain students, including
those who were blind, deaf, or labeled. ``emotionally disturbed'' or
``mentally retarded.'' The likelihood of exclusive was significantly
greater for children with disabilities living in low-income, ethnic and
racial minority, or rural communities.
Parents, however, began asserting their children's rights to attend
public schools, using the same equal protection arguments used on
behalf of the African American children in Brown: the 14th amendment of
the U.S. Constitution guarantees their children and equal protection
under the law. Congress responded, and in 1975, enacted the Education
for All Handicapped Children Act, now known as IDEA.
Recognizing the Constitution's guarantee of equal protection under
the law, Congress created the statutory right to a free appropriate
public education in the least restrictive environment.
I believe we all recognize the challenges of providing teachers with
enough flexibility so they can do their job while ensuring that the
constitutional protections afforded to children with disabilities
remain intact.
We also must continue to hold our States accountable for educational
outcomes of our children. I think this amendment meets that challenge,
and I am pleased to support it.
I think the underlying bill, S. 1248, also achieves the goal of
balancing the interests of our teachers and schools with the interests
of improving achievement for and protecting the right of children with
disabilities and their families.
This bill makes it simpler for teachers and schools to teach children
with disabilities in many ways. For example, the bill: simplifies the
discipline provisions and makes it easier for schools to administer the
law; provides new opportunities for schools and parents to resolve
disputes equitably; substantially reduces paperwork in many ways,
including, of course, by allowing a number of States to waive paperwork
burdens in accordance with this amendment; increases local flexibility
and control of resources by allowing school districts that are in
compliance with the law to use from 8 percent up to 25 percent of their
Federal funds for local priorities; and authorizes local school
districts to use up to 15 percent of their Federal IDEA funds to
support students without disabilities in grades K-12 who require
additional academic and behavioral supports to succeed in the general
education curriculum.
The bill also makes significant improvements for children and their
families. For example, it; emphasizes the goal of improving academic
achievement and functional performance within a child's IEP; ensures
that children with disabilities are included in the accountability
requirements of No Child Left Behind provides the Secretary of
Education and the States with greater authority and tools to implement,
monitor, and enforce the law; provides resources to States to support
teacher
[[Page S5409]]
preparation and professional development program; improves parental
involvement; improves transition services to help students begin
planning for life after high school; provides earlier access to
services; improves early intervention and preschool programs; and
ensures positive behavioral interventions and supports are in place for
a child whose behavior impedes the child's ability to learn.
We must ensure that children with disabilities have access to, and
succeed in, the general education curriculum. I am disappointed that
this body did not approve full funding of IDEA, but I believe this bill
goes a long way in providing the tools, resources, and the flexibility
to achieve this goal. I am pleased to support this bill and this
amendment.
Mr. KENNEDY. Mr. President, I rise today in support of this amendment
because it will give States the flexibility they need to reduce special
education paperwork.
We have heard from many teachers that they must take too much time
out of their busy days to complete IDEA paperwork requirements.
Teachers would rather spend that time in the classroom teaching their
students.
We have heard these concerns loud and clear, and we have responded
with changes to make things easier for both parents and teachers. This
bill reduces paperwork and meetings by: Streamlining educational
planning and procedural requirements; simplifying the Federal
application process; encouraging the use of technology; clarifying that
no paperwork is required beyond what is in the Federal law; and
requiring the Department of Education to develop model forms.
These changes will go a long way to simplifying the work of special
education teachers and giving them more time to do what they do best--
teach children. These changes will also make it possible for more
parents to participate in their child's education.
This amendment will give a limited number of States the opportunity
to do even more to address paperwork by giving them flexibility to
waive paperwork requirements. But today the Senate needs to make it
absolutely clear that this flexibility does not include waiving Civil
Rights protections for disabled students.
Civil Rights are the very heart of the IDEA. The right to go to a
public school, the right to learn alongside one's peers, the right to
an appropriate education, and the right to due process, are fundamental
to this law and we cannot allow waivers to trade these rights in
exchange for less paperwork.
In July 2002, President Bush's Commission on Excellence in Special
Education gave Congress and the President its recommendations for
improving results for disabled students. This commission offered many
suggestions for reducing paperwork in special education and allowing
these waivers was one of them.
But the chair of the President's commission was absolutely clear that
paperwork reduction should not threaten civil rights. Listen to what
the chair, Governor Terry Branstad of Iowa, had to say when he
testified before the House on the IDEA and the commission's report:
`` . . . [A]s we are trying to reduce the paperwork,
streamline it, and make it more efficient, we . . . want to .
. . protect their civil rights.''
We must ensure that States live up to the full intent of the
commission's recommendation--to balance paperwork reduction with civil
rights protections.
The chair of the President's commission is not alone in his concern
for protecting civil rights while reducing paperwork. The National
Council on Disability--the Federal agency responsible for advising
President and Congress on issues affecting the disabled--says that, if
not done carefully, waivers may have unintended consequences. According
to the National Council on Disability:
Waivers threaten educational quality because instruction and
achievement are measured by documenting progress.
Waivers threaten civil rights because compliance with the law
must be documented.
Let me first speak to the issue of paperwork and educational quality.
Ask any teacher how he or she begins the day before the students
arrive. They begin by reviewing a lesson plan that sets the goals for
the day and describes how those goals will be reached. They develop
tests for their students to see if they are meeting those goals. These
lesson plans, goals, and tests are based on a thoughtful and
comprehensive curriculum. This is all paperwork--paperwork that is
necessary to ensure quality instruction for every student.
Quality instruction for disabled students is no different. Special
education paperwork ensures that schools think carefully about how best
to educate a disabled student, then document their plan, and then
document progress. Does any of that paperwork sound unnecessary?
If States interpret these waivers as a license to set aside these
important pieces of a disabled child's education, we have completely
undermined the focus on academic and functional achievement in this
bill.
Just like the National Council on Disability, I also have expressed
my great concern about protecting civil rights if States are given too
much flexibility. In my opening statement, I addressed the issue of
noncompliance with this law. All across this country, nearly 30 years
after this law was first passed, many disabled children still are
denied their right to a public education. Year after year, the majority
of States fail to implement the IDEA and are found out of compliance
with its most basic requirements.
Reports from the Department of Education show just how rampant
noncompliance with the IDEA is. From 2000 to 2003: 76 percent of States
did not appropriately resolve complaints; 71 percent of States lacked
effective systems to monitor and enforce the law; 71 percent of States
did not educated disabled children with their peers; and 65 percent of
States did not appropriately prepare students for post-school
employment and independent living.
These States already blatantly disregard the requirements of the
IDEA. Imagine what would happen if these States are given waivers
without the clear limitations set forth in this amendment, if they
could feel free to waive any requirement in the name of paperwork
reduction. The impact of unlimited paperwork waivers on disabled
students in States like these could be devastating.
Even with detailed requirements for education plans and other
paperwork under current law, look at what is happening to disabled
children all across the nation.
The Richer family from Oregon writes that their school made the
decision to shorten their son's school day by 3 hours--without asking
the parents first. The same school district completed their son's
education plan and assigned him to a classroom without including his
parents in the decision.
The Johnson family from new Jersey writes that it took 18 months to
get an appropriate educational plan written for their child, and the
school still will not provide the speech therapy and counseling
services written on that plan.
These are true stories, just like the hundreds of other true stories
that parents have sent to me. This is why it must be made absolutely
clear that these waivers are not a free pass out of accountability or a
way to erode individualized education plans that are the cornerstone of
the IDEA.
Look at any other field--the legal field, the medical field, or
business. In these fields, if it wasn't documented, it wasn't done.
Insurers don't pay doctors when they don't document the care they
provided. Clients don't pay lawyers if they do not document the hours
spent on a case. And businesses don't provide their services without a
contract. In every part of life, documentation is the way we guarantee
that people did what they promised to do. It is not too much to ask
that schools do the same so we can be sure they are complying with the
law and giving every disabled child an appropriate education.
I know that we demand a lot of our teachers. We ask them to not only
educate our children to become productive citizens, but also to be
counselors, mentors, and role models. And, yes, we ask them to do
paperwork on top of that.
Should the Senate do everything it can to make it easier for special
education teachers to focus on the needs of students instead of
focusing on paperwork? Absolutely--but not at the cost of educational
accountability and civil
[[Page S5410]]
rights for students with disabilities. Not if it undermines the
foundations of the IDEA. Without the limitations set forth in this
amendment, waivers may have the unintended consequence of allowing
States to experiment with the civil rights of millions of disabled
students for years to come.
I do not object to giving States the chance to creatively address the
issue of paperwork. This amendment offers States an exciting
opportunity to make sure that teachers have more time to plan, take
professional development courses, or provide extra help to students.
Giving teachers more time means giving them a chance to do what they
love most: focus on the needs of students.
But the needs of disabled students cannot be met without first
guaranteeing that they have the full protection of the law. This
amendment provides that guarantee, while still encouraging paperwork
reduction, and I urge my colleagues to support it.
Mr. President, I thank the Senator from Pennsylvania for offering the
amendment that will reduce the paperwork for teachers and also ensure
the protection of the rights of disabled children.
This amendment draws a clear line between unnecessary paperwork about
the process and necessary documentation and ensuring every disabled
child's right to a free and appropriate public education.
The Senator from Pennsylvania has made it clear that States will not
be allowed to waive the civil rights of disabled students or waive
procedural safeguards guaranteed under law.
This is a good amendment. It balances the needs of both the teachers
and students. I thank him for his work on this amendment and also for
his accommodation and willingness to work this out. It has been very
helpful.
I will wait for my colleague, the chairman, before urging the
adoption of the amendment, but I expect it will be done momentarily.
I suggest the absence of a quorum, with the time to be evenly
divided.
The PRESIDING OFFICER. Without objection, the clerk will call the
roll.
The assistant legislative clerk proceeded to call the roll.
Mr. SANTORUM. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. SANTORUM. Mr. President, I have been informed by Senator Gregg's
staff that he does not seek any time.
Mr. President, I urge the adoption of my amendment.
The PRESIDING OFFICER. The question is on agreeing to amendment No.
3149, as modified.
The amendment (No. 3149), as modified, was agreed to.
Mr. KENNEDY. Mr. President, I move to reconsider the vote, and I move
to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. KENNEDY. Mr. President, how much time remains?
The PRESIDING OFFICER. There is 6 minutes 6 seconds on the majority
side and 5 minutes on the minority side.
Mr. KENNEDY. I will be glad to yield the 5 minutes to the Senator
from Minnesota.
The PRESIDING OFFICER. The Senator from Minnesota is recognized for 5
minutes.
Mr. DAYTON. Mr. President, I thank the Senator from Massachusetts. He
has been such a dedicated champion for the needs of special education
throughout the country for all these years. I wish his dedication was
reflected fully in this legislation on which we are going to be voting
shortly.
In an era when we are talking so much about accountability in
education, the teachers, administrators, and local school boards
throughout our country who are supposed to be accountable for results,
for ``making acceptable progress'' and improving student test scores,
we, too, in the Senate have a role and responsibility to aid and assist
them in making that progress.
I regrettably believe this legislation falls seriously short of our
responsibility to them and to the students they are helping and
supporting and without our full involvement and aid are less likely to
succeed.
In this important area of special education, we in the Senate, the
Congress, and the Federal Government have very special responsibilities
because it was Congress who established these rights for every American
child to a quality public education a quarter century ago and mandated
every school district with the responsibility to provide it.
I was not here when that legislation passed, but its language implied
that schools would be reluctant, perhaps even resistant, to assume
their responsibilities. That was over a quarter century ago.
I speak from my personal knowledge about Minnesota, and I assume it
is true throughout our country, our public schools, our teachers,
administrators, support personnel, and policymakers are the
legislation's allies. In Minnesota, our educators are fully committed
and deeply dedicated to providing the best possible special education
to every student with special needs and in fact every student who comes
through their doors. They are doing so, as I have personally witnessed
in hundreds of special education classes throughout Minnesota, with
amazing skills, heart-warming personal devotion and often extraordinary
success. They are doing so increasingly in spite of, not because of,
the Senate.
This legislation fails our responsibility to the students of this
Nation with special needs, to their dedication and to their cause,
which is our cause. Yesterday an amendment failed which would have
fulfilled in 6 years a promise the U.S. Congress made over a quarter
century ago when it passed the initial legislation to fund 40 percent
of the costs of special education.
In the year 2001, when we had all of these surpluses we were told
would exist throughout the decade, the Senate did pass such an
amendment, but the House of Representatives and the administration
refused to accept it and so it was not put into that law.
I have tried 5 times in the last 3 years, with amendments, to have us
realize our long-broken promise in 1 year, in a succeeding fiscal year,
and those amendments have failed.
I was shocked and appalled that this body rejected Senator Harkin's
amendment to bring us up to that promised 40-percent level in 6 years.
Today it is less than half of that promise. That cost Minnesota schools
$250 million a year. That is money that is badly needed to fulfill
their responsibilities to children with special needs and it is money
then that often has to be taken out of regular school programs because
they have a legal responsibility and liability to provide those special
education services. So it means all of the students in Minnesota get
shortchanged because this Senate will not keep its promise. The
majority decided to provide an additional $39 billion over the next 10
years in tax advantages to companies for their foreign operations, tax
preferences to expand their foreign businesses and take more jobs away
from the United States and put them overseas. That was deemed worthy of
$39 billion.
The PRESIDING OFFICER. The time of the Senator has expired.
Mr. DAYTON. I ask unanimous consent for an additional 2 minutes to
conclude my remarks.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DAYTON. Mr. President, at that same time, where there is $39
billion around somewhere for giant corporations and wealthy investors
who do not need it, there is not a willingness to provide even in 6
years the promised 40-percent level for students with special needs. It
is not that we do not have the money; we do not have the right
priorities; we do not have the will. It is terribly unfair for us to be
telling the school districts they have to run tests every year and
include children with special needs and be measured and publicized and
in some cases publicly embarrassed because they are not making
acceptable progress toward goals that have been established when we do
not provide the money to enable them to do it. Shame on us, not them.
It is irresponsible and it is inexcusable. This money is badly needed
in Minnesota, and I assume elsewhere in the country.
In terms of reform, the paperwork that burdens the reporting
requirements is driving Minnesota teachers out of special education and
out of the classroom entirely. Those who remain spend less than half of
their time actually working with students because
[[Page S5411]]
they are so busy filling out the forms the Federal Government has
imposed on them, as well as some by the State and the school districts
for sure. I commend Senator Santorum for offering a pilot program for
15 States, but it is the job of the Senate to determine those reforms.
I have heard for over 3 years the reason we are not providing money for
special education is because we have to ``reform it first''. So now we
are passing a bill that has minimal reforms and a pilot program and no
additional money.
I think it is a terrible disservice to No Child Left Behind, which is
being proven once again to be a nice phrase but with no real meaning or
commitment behind it. I think we will regret that.
I yield the floor.
The PRESIDING OFFICER (Mr. Graham of South Carolina). Who yields
time?
Mr. GREGG. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. GREGG. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GREGG. Mr. President, I yield back the balance of our time and I
ask unanimous consent that we proceed to the bill.
The PRESIDING OFFICER. All time having been yielded back, under the
previous order the committee substitute amendment, as amended, is
agreed to.
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The bill was ordered to be engrossed for a third reading and was read
the third time.
The PRESIDING OFFICER. Under the previous order, the Committee on
Health, Education, Labor and Pensions is discharged from further
consideration of H.R. 1350 and the Senate will proceed to its
consideration.
The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (H.R. 1350) to reauthorize the Individuals with
Disabilities Education Act, and for other purposes.
The PRESIDING OFFICER. Under the previous order, all after the
enacting clause is stricken and the text of S. 1248, as amended, is
inserted in lieu thereof.
The question is on the engrossment of the amendment and third reading
of the bill.
The amendment was ordered to be engrossed, and the bill to be read a
third time.
The bill was read a third time.
The PRESIDING OFFICER. Under the previous order, the question is,
Shall the bill, H.R. 1350, as amended, pass?
The yeas and nays have been ordered.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. McCONNELL. I announce that the Senator from Minnesota (Mr.
Coleman) is necessarily absent.
Mr. REID, I announce that the Senator from Massachusetts (Mr. Kerry)
is necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 95, nays 3, as follows:
[Rollcall Vote No. 94 Leg.]
YEAS--95
Akaka
Alexander
Allard
Allen
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Boxer
Breaux
Brownback
Bunning
Burns
Byrd
Campbell
Cantwell
Carper
Chafee
Chambliss
Clinton
Cochran
Collins
Conrad
Cornyn
Corzine
Craig
Crapo
Daschle
Dayton
DeWine
Dodd
Dole
Domenici
Dorgan
Durbin
Edwards
Ensign
Enzi
Feingold
Feinstein
Fitzgerald
Frist
Graham (FL)
Graham (SC)
Grassley
Gregg
Hagel
Harkin
Hatch
Hollings
Hutchison
Inhofe
Inouye
Johnson
Kennedy
Kohl
Kyl
Landrieu
Lautenberg
Levin
Lieberman
Lincoln
Lott
Lugar
McCain
McConnell
Mikulski
Miller
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Nickles
Pryor
Reed
Reid
Roberts
Rockefeller
Santorum
Sarbanes
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
Wyden
NAYS--3
Jeffords
Leahy
Stabenow
NOT VOTING--2
Coleman
Kerry
The bill H.R. 1350, as amended, was passed, as follows:
H.R. 1350
Resolved, That the bill from the House of Representatives
(H.R. 1350) entitled ``An Act to reauthorize the Individuals
with Disabilities Education Act, and for other purposes.'',
do pass with the following amendment:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Individuals with
Disabilities Education Improvement Act of 2004''.
SEC. 2. ORGANIZATION OF THE ACT.
This Act is organized into the following titles:
TITLE I--AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT
TITLE II--AMENDMENTS TO THE REHABILITATION ACT OF 1973
TITLE III--NATIONAL CENTER FOR SPECIAL EDUCATION RESEARCH
TITLE IV--COMMISSION ON UNIVERSAL DESIGN AND THE ACCESSIBILITY OF
CURRICULUM AND INSTRUCTIONAL MATERIALS
TITLE V--MISCELLANEOUS
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.
``Sec. 608. State administration.
``Sec. 609. Paperwork reduction.
``Sec. 610. Freely associated States.
``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. Monitoring, technical assistance, and enforcement.
``Sec. 617. Administration.
``Sec. 618. Program information.
``Sec. 619. Preschool grants.
``Part C--Infants and Toddlers With Disabilities
``Sec. 631. Findings and policy.
``Sec. 632. Definitions.
``Sec. 633. General authority.
``Sec. 634. Eligibility.
``Sec. 635. Requirements for statewide system.
``Sec. 636. Individualized family service plan.
``Sec. 637. State application and assurances.
``Sec. 638. Uses of funds.
``Sec. 639. Procedural safeguards.
``Sec. 640. Payor of last resort.
``Sec. 641. State Interagency Coordinating Council.
``Sec. 642. Federal administration.
``Sec. 643. Allocation of funds.
``Sec. 644. Authorization of appropriations.
[[Page S5412]]
``Part D--National Activities To Improve Education of Children With
Disabilities
``Sec. 650. Findings.
``Subpart 1--State Personnel Preparation and Professional Development
Grants
``Sec. 651. Purpose; definition; program authority.
``Sec. 652. Eligibility and collaborative process.
``Sec. 653. Applications.
``Sec. 654. Use of funds.
``Sec. 655. Authorization of appropriations.
``Subpart 2--Scientifically Based Research, Technical Assistance, Model
Demonstration Projects, and Dissemination of Information
``Sec. 660. Purpose.
``Sec. 661. Administrative provisions.
``Sec. 662. Research coordination to improve results for children with
disabilities.
``Sec. 663. Technical assistance, demonstration projects, dissemination
of information, and implementation of scientifically
based research.
``Sec. 664. Personnel development to improve services and results for
children with disabilities.
``Sec. 665. Studies and evaluations.
``Subpart 3--Supports To Improve Results for Children With Disabilities
``Sec. 670. Purposes.
``Sec. 671. Parent training and information centers.
``Sec. 672. Community parent resource centers.
``Sec. 673. Technical assistance for parent training and information
centers.
``Sec. 674. Technology development, demonstration, and utilization; and
media services.
``Sec. 675. Accessibility of instructional materials.
``Sec. 676. Authorization of appropriations.
``Subpart 4--Interim Alternative Educational Settings, Behavioral
Supports, and Whole School Interventions
``Sec. 681. Purpose.
``Sec. 682. Definition of eligible entity.
``Sec. 683. Program authorized.
``Sec. 684. Program evaluations.
``Sec. 685. Authorization of appropriations.
``(c) Findings.--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), the
educational needs of millions of children with disabilities
were not being fully met because--
``(A) the children did not receive appropriate educational
services;
``(B) the children were excluded entirely from the public
school system and from being educated with their peers;
``(C) undiagnosed disabilities prevented the children from
having a successful educational experience; or
``(D) a lack of adequate resources within the public school
system forced families to find services outside the public
school system.
``(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 25 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 to the general education curriculum in
the regular classroom to the maximum extent possible in order
to--
``(i) meet developmental goals and, to the maximum extent
possible, the challenging expectations that have been
established for all children; and
``(ii) be prepared to lead productive and independent adult
lives, to the maximum extent possible;
``(B) strengthening the role and responsibility 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, including improvement efforts under the Elementary
and Secondary Education Act of 1965, 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 preservice
preparation and professional development for all personnel
who work with children with disabilities in order to ensure
that such personnel have the skills and knowledge necessary
to improve the academic achievement and functional
performance of children with disabilities, including the use
of scientifically based instructional practices, to the
maximum extent possible;
``(F) providing incentives for whole-school approaches,
scientifically based early reading programs, positive
behavioral interventions and supports, and prereferral
interventions to reduce the need to label children as
disabled in order to address their learning and behavioral
needs;
``(G) focusing resources on teaching and learning while
reducing paperwork and requirements that do not assist in
improving educational results; and
``(H) supporting the development and use of technology,
including assistive technology devices and assistive
technology services, to maximize accessibility for children
with disabilities.
``(6) While States, local educational agencies, and
educational service agencies are primarily responsible for
providing an education for all children with disabilities, it
is in the national interest that the Federal Government have
a supporting 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 more equitable allocation of resources is essential
for the Federal Government to meet its responsibility to
provide an equal educational opportunity for all individuals.
``(8) Parents and schools should be given expanded
opportunities to resolve their disagreements in positive and
constructive ways.
``(9) Teachers, schools, local educational agencies, and
States should be relieved of irrelevant and unnecessary
paperwork burdens that do not lead to improved educational
outcomes.
``(10)(A) The Federal Government must be responsive to the
growing needs of an increasingly more diverse society.
``(B) America's ethnic profile is rapidly changing. In the
year 2000, 1 of every 3 persons in the United States was a
member of a minority group or was limited English proficient.
``(C) Minority children comprise an increasing percentage
of public school students.
``(D) With such changing demographics, recruitment efforts
for special education personnel should focus on increasing
the participation of minorities in the teaching profession.
``(11)(A) The limited English proficient population is the
fastest growing in our Nation, and the growth is occurring in
many parts of our Nation.
``(B) Studies have documented apparent discrepancies in the
levels of referral and placement of limited English
proficient children in special education.
``(C) This poses a special challenge for special education
in the referral of, assessment of, and services for, our
Nation's students from non-English language backgrounds.
``(12)(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) African-American children are identified as having
mental retardation and emotional disturbance at rates greater
than their white counterparts.
``(D) In the 1998-1999 school year, African-American
children represented just 14.8 percent of the population aged
6 through 21, but comprised 20.2 percent of all children with
disabilities.
``(E) Studies have found that schools with predominately
Caucasian students and teachers have placed
disproportionately high numbers of their minority students
into special education.
``(13)(A) As the number of minority students in special
education increases, the number of minority teachers and
related services personnel produced in colleges and
universities continues to decrease.
``(B) The opportunity for minority individuals,
organizations, and Historically Black Colleges and
Universities to participate fully in awards for grants and
contracts, boards of organizations receiving funds under this
Act, and peer review panels, and in the training of
professionals in the area of special education is essential
if we are to obtain greater success in the education of
minority children with disabilities.
``(14) As the graduation rates for children with
disabilities continue to climb, providing effective
transition services to promote successful post-school
employment or education is an important measure of
accountability for children with disabilities.
``(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,
further education, 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, 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
[[Page S5413]]
``(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. The term does not include a medical device that
is surgically implanted, or the repalcement of such device.
``(2) Assistive technology service.--The term `assistive
technology service' means any service that directly assists a
child with a disability in the selection, acquisition, or use
of an assistive technology device. Such term includes--
``(A) the evaluation of the needs of such child, including
a functional evaluation of the child in the child's customary
environment;
``(B) purchasing, leasing, or otherwise providing for the
acquisition of assistive technology devices by such child;
``(C) selecting, designing, fitting, customizing, adapting,
applying, maintaining, repairing, or replacing of assistive
technology devices;
``(D) coordinating and using other therapies,
interventions, or services with assistive technology devices,
such as those associated with existing education and
rehabilitation plans and programs;
``(E) training or technical assistance for such child, or,
where appropriate, the family of such child; and
``(F) training or technical assistance for professionals
(including individuals providing education and rehabilitation
services), employers, or other individuals who provide
services to, employ, or are otherwise substantially involved
in the major life functions of such child.
``(3) Child with a disability.--
``(A) In general.--The term `child with a disability' means
a child--
``(i) with mental retardation, hearing impairments
(including deafness), speech or language impairments, visual
impairments (including blindness), serious emotional
disturbance (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 (or any subset of
that age range, including ages 3 through 5), 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 1 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) Core academic subject.--The term `core academic
subject' has the meaning given the term in section 9101(11)
of the Elementary and Secondary Education Act of 1965.
``(5) 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 schools and secondary
schools of the State; and
``(B) includes any other public institution or agency
having administrative control and direction over a public
elementary school or secondary school.
``(6) Elementary school.--The term `elementary school'
means a nonprofit institutional day or residential school
that provides elementary education, as determined under State
law.
``(7) 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.
``(8) 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 school 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; and
``(iii) under parts A and B of title III of that Act; and
``(B) any State or local funds expended for programs that
would qualify for assistance under any of those parts.
``(9) 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 school,
or secondary school education in the State involved; and
``(D) are provided in conformity with the individualized
education program required under section 614(d).
``(10) Highly qualified.--The term `highly qualified' means
the following:
``(A) All special education teachers.--When used with
respect to any public elementary school or secondary school
special education teacher teaching in a State, means that the
teacher holds at least a bachelor's degree and that--
``(i) the teacher has obtained full State certification as
a special education teacher through a State-approved special
education teacher preparation program (including
certification obtained through alternative routes to
certification) or other comparably rigorous methods, or
passed the State teacher special education licensing
examination, and holds a license to teach in the State as a
special education teacher, except that when used with respect
to any teacher teaching in a public charter school, the term
means that the teacher meets the requirements set forth in
the State's public charter school law;
``(ii) the teacher has not had certification or licensure
requirements waived on an emergency, temporary, or
provisional basis; and
``(iii) the teacher demonstrates knowledge of special
education and the teaching skills necessary to teach children
with disabilities.
``(B) New elementary school special education teachers.--
When used with respect to a special education elementary
school teacher who is new to the profession, means that the
teacher demonstrated, by passing a rigorous State test,
subject knowledge and teaching skills in reading, writing,
mathematics, and other areas of the basic elementary school
curriculum (which may consist of passing a State-required
certification or licensing test or tests in reading, writing,
mathematics, and other areas of the basic elementary school
curriculum).
``(C) New middle school and secondary school special
education teachers.--When used with respect to a special
education middle school or secondary school teacher who is
new to the profession, means that the teacher has
demonstrated a high level of competency in each of the
academic subjects in which the teacher teaches by--
``(i) passing a rigorous State academic subject test in
each of the academic subjects in which the teacher teaches
(which may consist of a passing level of performance on a
State-required certification or licensing test or tests in
each of the academic subjects in which the teacher teaches);
or
``(ii) successful completion, in each of the academic
subjects in which the teacher teaches, of an academic major,
graduate degree, coursework equivalent to an undergraduate
academic major, or advanced certification or credentialing.
``(D) Veteran special education teachers.--When used with
respect to an elementary school, middle school, or secondary
school special education teacher who is not new to the
profession, means that the teacher has--
``(i) met the applicable standard in subparagraph (B) or
(C), which includes an option for a test; or
``(ii) has demonstrated competence in all the academic
subjects in which the teacher teaches based on a high
objective uniform State standard of evaluation for special
education teachers that--
``(I) is set by the State for both grade-appropriate
academic subject matter knowledge and special education
teaching skills;
``(II) is aligned with challenging State academic content
and student academic achievement standards and developed in
consultation with special education teachers, core content
specialists, teachers, principals, and school administrators;
``(III) provides objective, coherent information about the
teachers' attainment of knowledge of core content knowledge
in the academic subjects in which a teacher teaches;
``(IV) is applied uniformly to all special education
teachers who teach in the same academic subject and the same
grade level throughout the State;
``(V) takes into consideration, but is not based primarily
on, the time the teacher has been teaching in the academic
subject;
``(VI) is made available to the public on request; and
``(VII) may involve multiple objective measures of teacher
competency.
``(E) Teachers providing consultative services.--
``(i) In general.--Notwithstanding subparagraphs (B)
through (D), when used with respect to a special education
teacher who provides only consultative services to a highly
qualified regular education teacher (as the term highly
qualified is defined in section 9101(23) of the Elementary
and Secondary Education Act of 1965), means that the teacher
meets the requirements of subparagraph (A).
``(ii) Consultative services.--As used in clause (i), the
term `consultative services' means services that adjust the
learning environment, modify instructional methods, adapt
curricula, use positive behavior supports and interventions,
and select and implement appropriate accommodations to meet
the needs of individual children.
``(F) Exception.--Notwithstanding subparagraphs (B) through
(D), when used with respect to a special education teacher
who teaches more than 1 subject, primarily to middle school
and secondary school-aged children with significant cognitive
disabilities, means that the teacher
[[Page S5414]]
has demonstrated subject knowledge and teaching skills in
reading, mathematics, and other areas of the basic elementary
school curriculum by--
``(i) passing a rigorous State test (which may consist of
passing a State-required certification or licensing test or
tests in those areas); or
``(ii) demonstrating competency in all the academic
subjects in which the teacher teaches, based on a high
objective uniform State standard as described in subparagraph
(D)(ii).
``(11) Indian.--The term `Indian' means an individual who
is a member of an Indian tribe.
``(12) 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).
``(13) 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).
``(14) Individualized family service plan.--The term
`individualized family service plan' has the meaning given
such term in section 636.
``(15) Infant or toddler with a disability.--The term
`infant or toddler with a disability' has the meaning given
such term in section 632.
``(16) Institution of higher education.--The term
`institution of higher education'--
``(A) has the meaning given such term in section 101 (a)
and (b) 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 College or University Assistance Act of 1978.
``(17) Limited english proficient.--The term `limited
English proficient' has the meaning given the term in section
9101(25) of the Elementary and Secondary Education Act of
1965.
``(18) 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 schools 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 schools or secondary
schools.
``(B) The term includes--
``(i) an educational service agency, as defined in
paragraph (5); and
``(ii) any other public institution or agency having
administrative control and direction of a public elementary
school or secondary school.
``(C) The term includes an elementary school 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.
``(19) Native language.--The term `native language', when
used with respect 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.
``(20) Nonprofit.--The term `nonprofit', as applied to a
school, agency, organization, or institution, means a school,
agency, organization, or institution owned and operated by 1
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.
``(21) Outlying area.--The term `outlying area' means the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(22) Parent.--
``(A) In general.--The term `parent'--
``(i) means--
``(I) a natural or adoptive parent of a child;
``(II) a guardian (but not the State if the child is a ward
of the State);
``(III) an individual acting in the place of a natural or
adoptive parent, including a grandparent, stepparent, or
other relative with whom the child lives or an individual who
is legally responsible for the child's welfare; or
``(IV) except as used in sections 615(b)(2) and 639(a)(5),
an individual assigned under either of those sections to be a
surrogate parent; and
``(ii) in the case of a homeless child who is not in the
physical custody of a parent or guardian, includes a related
or unrelated adult with whom the child is living or other
adult jointly designated by the child and the local
educational agency liaison for homeless children and youths
(designated pursuant to section 722(g)(1)(J)(ii) of the
McKinney-Vento Homeless Assistance Act), in addition to other
individuals permitted by law.
``(B) Foster parent.--Unless State law prohibits a foster
parent from acting as a parent, the term `parent' includes a
foster parent if--
``(i) the natural or adoptive parents' authority to make
educational decisions on the child's behalf has been
extinguished under State law; and
``(ii) the foster parent--
``(I) has an ongoing, long-term parental relationship with
the child;
``(II) is willing to make the educational decisions
required of parents under this Act; and
``(III) has no interest that would conflict with the
interests of the child.
``(23) Parent organization.--The term `parent organization'
has the meaning given such term in section 671(g).
``(24) Parent training and information center.--The term
`parent training and information center' means a center
assisted under section 671 or 672.
``(25) Related services.--The term `related services' means
transportation, and such developmental, corrective, and other
supportive services (including speech-language pathology and
audiology services, interpreting services, psychological
services, physical and occupational therapy, recreation,
including therapeutic recreation, social work services,
school health services, counseling services, including
rehabilitation counseling, orientation and mobility services,
travel training instruction, 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. The term does not include a
medical device that is surgically implanted, or the
replacement of such device.
``(26) 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.
``(27) Secretary.--The term `Secretary' means the Secretary
of Education.
``(28) 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.
``(29) Specific learning disability.--
``(A) In general.--The term `specific learning disability'
means a disorder in 1 or more of the basic psychological
processes involved in understanding or in using language,
spoken or written, which disorder may manifest itself in the
imperfect ability to listen, think, speak, read, write,
spell, or do mathematical calculations.
``(B) Disorders included.--Such term includes such
conditions as perceptual disabilities, brain injury, minimal
brain dysfunction, dyslexia, and developmental aphasia.
``(C) Disorders not included.--Such term does not include a
learning problem that is primarily the result of visual,
hearing, or motor disabilities, of mental retardation, of
emotional disturbance, or of environmental, cultural, or
economic disadvantage.
``(30) 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.
``(31) 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 schools and secondary
schools, or, if there is no such officer or agency, an
officer or agency designated by the Governor or by State law.
``(32) 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).
``(33) Transition services.--The term `transition services'
means a coordinated set of activities for a child with a
disability (as defined in paragraph (3)(A)) that--
``(A) is designed to be within a results-oriented process,
that is focused on improving the academic and functional
achievement of the child with a disability to facilitate the
child's 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 on the individual child's needs, taking into
account the child's strengths, 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.
``(34) Child with a disability in a military family.--The
term `child with a disability in a military family' means a
child with a disability who has a parent who is a member of
the Armed Forces, including a member of the National Guard or
Reserves.
``(35) Homeless children.--The term `homeless children' has
the meaning given the term `homeless children and youths' in
section 725 of the McKinney-Vento Homeless Assistance Act.
``(36) Ward of the state.--The term `ward of the State'
means a child who, as defined by the State where the child
resides, is a foster child, a ward of the State or is in the
custody of a public child welfare agency.
``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.
[[Page S5415]]
``(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
11th 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 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 will 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 subpart 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) In General.--In carrying out the provisions of this
Act, 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.
``(b) Protections Provided to Children.--The Secretary may
not implement, or publish in final form, any regulation
prescribed pursuant to this Act that--
``(1) violates or contradicts any provision of this Act;
and
``(2) procedurally or substantively lessens the protections
provided to children with disabilities under this Act, as
embodied in regulations in effect on July 20, 1983
(particularly as such protections related 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) Public Comment Period.--The Secretary shall provide a
public comment period of not more than 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.
``(d) Policy Letters and Statements.--The Secretary may not
issue policy letters or other statements (including letters
or statements regarding issues of national significance)
that--
``(1) violate or contradict any provision of this Act; or
``(2) establish a rule that is required for compliance
with, and eligibility under, this Act without following the
requirements of section 553 of title 5, United States Code.
``(e) Explanation and Assurances.--Any written response by
the Secretary under subsection (d) regarding a policy,
question, or interpretation under part B of this Act shall
include an explanation in the written response that--
``(1) such response is provided as informal guidance and is
not legally binding;
``(2) when required, such response is issued in compliance
with the requirements of section 553 of title 5, United
States Code; and
``(3) such response represents the interpretation by the
Department of Education of the applicable statutory or
regulatory requirements in the context of the specific facts
presented.
``(f) Correspondence From Department of Education
Describing Interpretations of This Act.--
``(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--
``(A) identify the topic addressed by the correspondence
and shall include such other summary information as the
Secretary determines to be appropriate; and
``(B) ensure that all such correspondence is issued, where
applicable, in compliance with the requirements of section
553 of title 5, United States Code.
``SEC. 608. STATE ADMINISTRATION.
``(a) Rulemaking.--Each State that receives funds under
this Act shall--
``(1) ensure that any State rules, regulations, and
policies relating to this Act conform to the purposes of this
Act; and
``(2) identify in writing to its local educational agencies
and the Secretary any such rule, regulation, or policy as a
State-imposed requirement that is not required by this Act
and Federal regulations.
``(b) Support and Facilitation.--State rules, regulations,
and policies under this Act shall support and facilitate
local educational agency and school-level systemic reform
designed to enable children with disabilities to meet the
challenging State student academic achievement standards.
``SEC. 609. PAPERWORK REDUCTION.
``(a) Report to Congress.--The Comptroller General shall
conduct a review of Federal, State, and local requirements
relating to the education of children with disabilities to
determine which requirements result in excessive paperwork
completion burdens for teachers, related services providers,
and school administrators, and shall report to Congress not
later than 18 months after the date of enactment of the
Individuals with Disabilities Education Improvement Act of
2003 regarding such review along with strategic proposals for
reducing the paperwork burdens on teachers.
``(b) Paperwork Reduction Demonstration.--
``(1) Pilot program.--
``(A) Purpose.--The purpose of this subsection is to
provide an opportunity for States to identify ways to reduce
paperwork burdens and other administrative duties that are
directly associated with the requirements of this Act, in
order to increase the time and resources available for
instruction and other activities aimed at improving
educational and functional results for children with
disabilities.
``(B) Authorization.--
``(i) In general.--In order to carry out the purpose of
this subsection, the Secretary is authorized to grant waivers
of statutory requirements of, or regulatory requirements
relating to, this part for a period of time not to exceed 4
years with respect to not more than 15 States based on
proposals submitted by States to reduce excessive paperwork
and noninstructional time burdens that do not assist in
improving educational and functional results for children
with disabilities.
``(ii) Exception.--The Secretary shall not waive any
statutory requirements of, or regulatory requirements
relating to, applicable civil rights requirements.
``(iii) Rule of construction.--Nothing in this subsection
shall be construed to--
``(I) affect the right of a child with a disability to
receive a free appropriate public education under this part;
and
``(II) permit a State or local educational agency to waive
procedural safeguards under section 615.
``(C) Proposal.--
``(i) In general.--A State desiring to participate in the
program under this subsection shall submit a proposal to the
Secretary at such time and in such manner as the Secretary
may reasonably require.
``(ii) Content.--The proposal shall include--
``(I) a list of any statutory requirements of, or
regulatory requirements relating to, this part that the State
desires the Secretary to waive or change, in whole or in
part; and
``(II) a list of any State requirements that the State
proposes to waive or change, in whole or in part, to carry
out a waiver granted to the State by the Secretary.
``(D) Termination of waiver.--The Secretary shall terminate
a State's waiver under this subsection if the Secretary
determines that the State--
``(i) has failed to make satisfactory progress in meeting
the indicators described in section 616; or
``(ii) has failed to appropriately implement its waiver.
``(2) Report.--Beginning 2 years after the date of
enactment of the Individuals with Disabilities Education
Improvement Act of 2003, the Secretary shall include in the
annual report to Congress submitted pursuant to section 426
of the Department of Education Organization Act information
related to the effectiveness of waivers granted under
paragraph (1), including any specific recommendations for
broader implementation of such waivers, in--
``(A) reducing--
``(i) the paperwork burden on teachers, principals,
administrators, and related service providers; and
``(ii) noninstructional time spent by teachers in complying
with this part;
``(B) enhancing longer-term educational planning;
``(C) improving positive outcomes for children with
disabilities;
``(D) promoting collaboration between IEP Team members; and
``(E) ensuring satisfaction of family members.
``SEC. 610. FREELY ASSOCIATED STATES.
``The Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau shall
continue to be eligible for competitive grants administered
by the Secretary under this Act to the extent that such
grants continue to be available to States and local
educational agencies under this Act.
``PART B--ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES
``SEC. 611. AUTHORIZATION; ALLOTMENT; USE OF FUNDS;
AUTHORIZATION OF APPROPRIATIONS.
``(a) Grants to States.--
[[Page S5416]]
``(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 amount.--The maximum amount available for
awarding grants under this section for any fiscal year is--
``(A) the total number of children with disabilities in the
2002-2003 school year in the States who received special
education and related services and who were--
``(i) aged 3 through 5, if the State was eligible for a
grant under section 619; and
``(ii) aged 6 through 21; multiplied by
``(B) 40 percent of the average per-pupil expenditure in
public elementary schools and secondary schools in the United
States; adjusted by;
``(C) the rate of change in the sum of--
``(i) 85 percent of the change in the nationwide total of
the population described in subsection (d)(3)(A)(i)(II); and
``(ii) 15 percent of the change in the nationwide total of
the population described in subsection (d)(3)(A)(i)(III).
``(b) Outlying Areas and Freely Associated States.--
``(1) Funds reserved.--From the amount appropriated for any
fiscal year under subsection (i), the Secretary shall reserve
not more than 1 percent, which shall be used--
``(A) to provide assistance to the outlying areas in
accordance with their respective populations of individuals
aged 3 through 21; and
``(B) to provide each freely associated State a grant in
the amount that such freely associated State received for
fiscal year 2003 under this part, but only if the freely
associated State meets the applicable requirements of this
part, as well as the requirements of section 611(b)(2)(C) as
such section was in effect on the day before the date of
enactment of the Individuals with Disabilities Education
Improvement Act of 2004.
``(2) 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 the outlying areas or
the freely associated States under this section.
``(3) 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 (i), 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 665, and for payments to the
outlying areas, the freely associated States, and the
Secretary of the Interior under subsections (b) and (c) for a
fiscal year, the Secretary shall allocate the remaining
amount among the States in accordance with this subsection.
``(2) Special rule for use of fiscal year 1999 amount.--If
a State received any funds under this section for fiscal year
1999 on the basis of children aged 3 through 5, but does not
make a free appropriate public education available to all
children with disabilities aged 3 through 5 in the State in
any subsequent fiscal year, the Secretary shall compute the
State's amount for fiscal year 1999, 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 fiscal year 1999 on the basis of
those children.
``(3) Increase in funds.--If the amount available for
allocations to States under paragraph (1) for a fiscal year
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) Allocation of increase.--
``(i) In general.--Except as provided in subparagraph (B),
the Secretary shall allocate for the fiscal year--
``(I) to each State the amount the State received under
this section for fiscal year 1999;
``(II) 85 percent of any remaining funds to States on the
basis of the States' 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) 15 percent of those remaining funds to States on
the basis of the States' relative populations of children
described in subclause (II) who are living in poverty.
``(ii) Data.--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) Limitations.--Notwithstanding subparagraph (A),
allocations under this paragraph shall be subject to the
following:
``(i) Preceding year allocation.--No State's allocation
shall be less than its allocation under this section for the
preceding fiscal year.
``(ii) Minimum.--No State's allocation shall be less than
the greatest of--
``(I) the sum of--
``(aa) the amount the State received under this section for
fiscal year 1999; and
``(bb) \1/3\ of 1 percent of the amount by which the amount
appropriated under subsection (i) for the fiscal year exceeds
the amount appropriated for this section for fiscal year
1999;
``(II) the sum of--
``(aa) the amount the State received under this section for
the preceding fiscal year; and
``(bb) that amount multiplied by the percentage by which
the increase in the funds appropriated for this section from
the preceding fiscal year exceeds 1.5 percent; or
``(III) the sum of--
``(aa) the amount the State received under this section for
the preceding fiscal year; and
``(bb) that amount multiplied by 90 percent of the
percentage increase in the amount appropriated for this
section from the preceding fiscal year.
``(iii) Maximum.--Notwithstanding clause (ii), no State's
allocation under this paragraph shall exceed the sum of--
``(I) the amount the State received under this section 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 under this
section from the preceding fiscal year.
``(C) Ratable reduction.--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) for a fiscal year
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) Amounts greater than fiscal year 1999 allocations.--
If the amount available for allocations is greater than the
amount allocated to the States for fiscal year 1999, each
State shall be allocated the sum of--
``(i) the amount the State received under this section for
fiscal year 1999; and
``(ii) an amount that bears the same relation to any
remaining funds as the increase the State received under this
section for the preceding fiscal year over fiscal year 1999
bears to the total of all such increases for all States.
``(B) Amounts equal to or less than fiscal year 1999
allocations.--
``(i) In general.--If the amount available for allocations
under this paragraph is equal to or less than the amount
allocated to the States for fiscal year 1999, each State
shall be allocated the amount the State received for fiscal
year 1999.
``(ii) Ratable reduction.--If the amount available for
allocations under this paragraph is insufficient to make the
allocations described in clause (i), those allocations shall
be ratably reduced.
``(e) State-Level Activities.--
``(1) State administration.--
``(A) In general.--For the purpose of administering this
part, including paragraph (3), section 619, and 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 reserve not more than the maximum
amount the State was eligible to reserve for State
administration for fiscal year 2003 or $800,000 (adjusted by
the cumulative rate of inflation since fiscal year 2003 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 reserve not more than 5
percent of the amount the outlying area receives under
subsection (b) for any fiscal year or $35,000, whichever is
greater.
``(B) Part c.--Funds reserved under subparagraph (A) may be
used for the administration of part C, if the State
educational agency is the lead agency for the State under
that part.
``(C) Certification.--Prior to expenditure of funds under
this paragraph, the State shall certify to the Secretary that
the arrangements to establish responsibility for services
pursuant to section 612(a)(12)(A) are current as of the date
of submission of the certification.
``(2) Other state-level activities.--
``(A) State-level activities.--
``(i) In general.--For the purpose of carrying out State-
level activities, each State may reserve for each of the
fiscal years 2004 and 2005, not more than 10 percent of the
amount that remains after subtracting the amount reserved
under paragraph (1) from the amount of the State's allocation
under subsection (d) for fiscal years 2004 and 2005,
respectively. For fiscal years 2006, 2007, 2008, and 2009,
the State may reserve the maximum amount the State was
eligible to reserve under the preceding sentence for fiscal
year 2005 (adjusted by the cumulative rate of inflation since
fiscal year 2005 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).
``(ii) Small state adjustment.--Notwithstanding clause (i),
in the case of a State for which the maximum amount reserved
for State administration under paragraph (1) is not greater
than $800,000 (as adjusted pursuant to paragraph (1)(A)(i)),
the State may reserve for the purpose of carrying out State-
level activities for each of the fiscal years 2004 and 2005,
not more than 12 percent of the amount that remains after
subtracting the amount reserved under paragraph (1) from the
amount of the State's allocation under subsection (d) for
fiscal years 2004 and 2005, respectively. For each of the
fiscal years 2006, 2007, 2008, and 2009, each such State may
reserve for such purpose the maximum amount the State was
eligible to reserve under the preceding sentence for fiscal
year 2005 (adjusted by the cumulative rate of inflation since
fiscal year 2005 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).
``(B) Required activities.--Funds reserved under
subparagraph (A) shall be used to carry out the following
activities:
``(i) For monitoring, enforcement and complaint
investigation.
[[Page S5417]]
``(ii) To establish and implement the mediation, processes
required by section 615(e)(1), including providing for the
costs of mediators and support personnel;
``(iii) To support the State protection and advocacy system
to advise and assist parents in the areas of--
``(I) dispute resolution and due process;
``(II) voluntary mediation; and
``(III) the opportunity to resolve complaints.
``(C) Authorized activities.--Funds reserved under
subparagraph (A) may be used to carry out the following
activities:
``(i) For support and direct services, including technical
assistance, personnel preparation, and professional
development and training.
``(ii) To support paperwork reduction activities, including
expanding the use of technology in the IEP process.
``(iii) To assist local educational agencies in providing
positive behavioral interventions and supports and mental
health services for children with disabilities.
``(iv) To improve the use of technology in the classroom by
children with disabilities to enhance learning.
``(v) To support the development and use of technology,
including universally designed technologies and assistive
technology devices, to maximize accessibility to the general
curriculum for children with disabilities.
``(vi) Development and implementation of transition
programs, including coordination of services with agencies
involved in supporting the transition of students with
disabilities to post-secondary activities.
``(vii) To assist local educational agencies in meeting
personnel shortages.
``(viii) To support capacity building activities and
improve the delivery of services by local educational
agencies to improve results for children with disabilities.
``(ix) 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.
``(x) To support the development and provision of
appropriate accommodations for children with disabilities, or
the development and provision of alternate assessments that
are valid and reliable for assessing the performance of
children with disabilities, in accordance with sections
1111(b) and 6111 of the Elementary and Secondary Education
Act of 1965.
``(3) Local educational agency risk pool.--
``(A) In general.--For the purpose of assisting local
educational agencies (and charter schools that are local
educational agencies) in addressing the needs of high-need
children and the unanticipated enrollment of other children
eligible for services under this part, each State shall
reserve for each of the fiscal years 2004 through 2009, 2
percent of the amount that remains after subtracting the
amount reserved under paragraph (1) from the amount of the
State's allocation under subsection (d) for each of the
fiscal years 2004 through 2009, respectively, to--
``(i) establish a high-cost fund; and
``(ii) make disbursements from the high-cost fund to local
educational agencies in accordance with this paragraph.
``(B) Required disbursements from the fund.--
``(i) In general.--Each State educational agency shall make
disbursements from the fund established under subparagraph
(A) to local educational agencies to pay the percentage,
described in subparagraph (D), of the costs of providing a
free appropriate public education to high-need children.
``(ii) Special rule.--If funds reserved for a fiscal year
under subparagraph (A) are insufficient to pay the percentage
described in subparagraph (D) to assist all the local
educational agencies having applications approved under
subparagraph (C), then the State educational agency shall
ratably reduce the amount paid to each local educational
agency that receives a disbursement for that fiscal year.
``(C) Application.--A local educational agency that desires
a disbursement under this subsection shall submit an
application to the State educational agency at such time, in
such manner, and containing such information as the State
educational agency may require. Such application shall
include assurances that funds provided under this paragraph
shall not be used to pay costs that otherwise would be
reimbursable as medical assistance for a child with a
disability under the State medicaid program under title XIX
of the Social Security Act.
``(D) Disbursements.--
``(i) In general.--A State educational agency shall make a
disbursement to a local educational agency that submits an
application under subparagraph (C) in an amount that is equal
to 75 percent of the costs that are in excess of 4 times the
average per-pupil expenditure in the United States or in the
State where the child resides (whichever average per-pupil
expenditure is lower) associated with educating each high
need child served by such local educational agency in a
fiscal year for whom such agency desires a disbursement.
``(ii) Appropriate costs.--The costs associated with
educating a high need child under clause (i) are only those
costs associated with providing direct special education and
related services to such child that are identified in such
child's appropriately developed IEP.
``(E) Legal fees.--The disbursements under subparagraph (D)
shall not support legal fees, court costs, or other costs
associated with a cause of action brought on behalf of such
child to ensure a free appropriate public education for such
child.
``(F) Permissible disbursements from remaining funds.--A
State educational agency may make disbursements to local
educational agencies from any funds that are remaining in the
high cost fund after making the required disbursements under
subparagraph (D) for a fiscal year for the following
purposes:
``(i) To pay the costs associated with serving children
with disabilities who moved into the areas served by such
local agencies after the budget for the following school year
had been finalized to assist the local educational agencies
in providing a free appropriate public education for such
children in such year.
``(ii) To compensate local educational agencies for
extraordinary costs, as determined by the State, of any
children eligible for services under this part due to--
``(I) unexpected enrollment or placement of children
eligible for services under this part; or
``(II) a significant underestimate of the average cost of
providing services to children eligible for services under
this part.
``(G) Remaining funds.--Funds reserved under subparagraph
(A) in any fiscal year but not expended in that fiscal year
pursuant to subparagraph (D) or subparagraph (F) shall--
``(i) be allocated to local educational agencies pursuant
to subparagraphs (D) or (F) for the next fiscal year; or
``(ii) be allocated to local educational agencies in the
same manner as funds are allocated to local educational
agencies under subsection (f).
``(H) Assurance of a free appropriate public education.--
Nothing in this section shall be construed--
``(i) to limit or condition the right of a child with a
disability who is assisted under this part to receive a free
appropriate public education pursuant to section 612(a)(1) in
a least restrictive environment pursuant to section
612(a)(5); or
``(ii) to authorize a State educational agency or local
educational agency to indicate a limit on what is expected to
be spent on the education of a child with a disability.
``(I) Medicaid services not affected.--Disbursements
provided under this subsection shall not be used to pay costs
that otherwise would be reimbursable as medical assistance
for a child with a disability under the State medicaid
program under title XIX of the Social Security Act.
``(J) Definitions.--In this paragraph:
``(i) Average per-pupil expenditure.--The term `average
per-pupil expenditure' has the meaning given the term in
section 9101 of the Elementary and Secondary Education Act of
1965.
``(ii) High-need child.--The term `high-need', when used
with respect to a child with a disability, means a child with
a disability for whom a free appropriate public education in
a fiscal year costs more than 4 times the average per-pupil
expenditure for such fiscal year.
``(K) Special rule for risk pool and high-need assistance
programs in effect as of january 1, 2003.--Notwithstanding
the provisions of subparagraphs (A) through (J), a State may
use funds reserved pursuant to this paragraph for
administering and implementing a placement-neutral cost-
sharing and reimbursement program of high-need, low-
incidence, emergency, catastrophic, or extraordinary aid to
local educational agencies that provides services to students
eligible under this part based on eligibility criteria for
such programs that were operative on January 1, 2003.
``(4) Inapplicability of certain prohibitions.--A State may
use funds the State reserves under paragraphs (1), (2), and
(3) without regard to--
``(A) the prohibition on commingling of funds in section
612(a)(17)(B); and
``(B) the prohibition on supplanting other funds in section
612(a)(17)(C).
``(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 how amounts under this
section--
``(A) will be used to meet the requirements of this Act;
and
``(B) will be allocated among the activities described in
this section to meet State priorities based on input from
local educational agencies.
``(6) Flexibility in using funds for part c.--Any State
eligible to receive a grant under section 619 may use funds
made available under paragraph (1)(A), subsection (f)(3), or
section 619(f)(5) to develop and implement a State policy
jointly with the lead agency under part C and the State
educational agency to provide early intervention services
(which shall include an educational component that promotes
school readiness and incorporates pre-literacy, language, and
numeracy skills) in accordance with part C to children with
disabilities who are eligible for services under section 619
and who previously received services under part C until such
children enter, or are eligible under State law to enter,
kindergarten.
``(f) 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 the State does not reserve under subsection (e) to
local educational agencies (including public charter schools
that operate as local educational agencies) in the State that
have established their eligibility under section 613 for use
in accordance with this part.
``(2) Procedure for allocations to local educational
agencies.--
``(A) Procedure.--For each fiscal year for which funds are
allocated to States under subsection (d), each State shall
allocate funds under paragraph (1) as follows:
``(i) Base payments.--The State shall first award each
local educational agency described in paragraph (1) the
amount the local educational agency would have received under
this section for fiscal year 1999, if the State had
distributed 75 percent of its grant for that year under
section 611(d) as section 611(d) was then in effect.
``(ii) Allocation of remaining funds.--After making
allocations under clause (i), the State shall--
[[Page S5418]]
``(I) allocate 85 percent of any remaining funds to those
local educational agencies on the basis of the relative
numbers of children enrolled in public and private elementary
schools and secondary schools within the local educational
agency's jurisdiction; and
``(II) allocate 15 percent of those remaining funds to
those local educational agencies in accordance with their
relative numbers of children living in poverty, as determined
by the State educational agency.
``(3) 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 local
educational 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 educational
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
served by those other local educational agencies.
``(g) Definitions.--For the purpose of this section--
``(1) the term `average per-pupil expenditure in public
elementary schools 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 local educational agencies; divided by
``(B) the aggregate number of children in average daily
attendance to whom those local educational 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.
``(h) Use of Amounts by Secretary of the Interior.--
``(1) Provision of amounts for assistance.--
``(A) In general.--The Secretary of Education shall provide
amounts to the Secretary of the Interior to meet the need for
assistance for the education of children with disabilities on
reservations aged 5 through 21 who are enrolled in elementary
schools 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 through 5 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 had
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 through 21 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.
``(3) Applicability.--Section 616(a) shall apply to the
information described in this paragraph.
``(4) Payments for education and services for indian
children with disabilities aged 3 through 5.--
``(A) In general.--With funds appropriated under subsection
(i), 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 schools 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
year 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.
``(5) 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. The plan 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.
``(6) Establishment of advisory board.--To meet the
requirements of section 612(a)(20), the Secretary of the
Interior shall establish, 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;
[[Page S5419]]
``(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).
``(7) Annual reports.--
``(A) In general.--The advisory board established under
paragraph (6) shall prepare and submit to the Secretary of
the Interior and to 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).
``(i) Authorization of Appropriations.--For the purpose of
carrying out this part, other than section 619, there are
authorized to be appropriated--
``(1) $12,358,376,571 for fiscal year 2005;
``(2) $14,648,647,143 for fiscal year 2006;
``(3) $16,938,917,714 for fiscal year 2007;
``(4) $19,229,188,286 for fiscal year 2008;
``(5) $21,519,458,857 for fiscal year 2009;
``(6) $23,809,729,429 for fiscal year 2010;
``(7) $26,100,000,000 for fiscal year 2011; and
``(8) such sums as may be necessary for fiscal year 2012
and each succeeding fiscal year.
``SEC. 612. STATE ELIGIBILITY.
``(a) In General.--A State is eligible for assistance under
this part for a fiscal year if the State submits a plan that
provides assurances to the Secretary that the State has in
effect policies and procedures to ensure that the State meets
each of the following conditions:
``(1) Free appropriate public education.--
``(A) In general.--A free appropriate public education is
available to all children with disabilities residing in the
State between the ages of 3 and 21, inclusive, 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); or
``(II) did not have an individualized education program
under this part.
``(C) State flexibility.--A State that provides early
intervention services in accordance with part C to a child
who is eligible for services under section 619, is not
required to provide such child with a free appropriate public
education.
``(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 who are
homeless children or are wards of the State and 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.--A State funding mechanism shall not
result in placements that violate the requirements of
subparagraph (A), and a State shall not use a funding
mechanism by which the State distributes funds on the basis
of the type of setting in which a child is served that will
result in the failure to provide a child with a disability a
free appropriate public education according to the unique
needs of the child as described in the child's IEP.
``(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 the State 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) and (b) 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 635(a)(10).
``(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 schools
and secondary schools in the school district served by a
local educational agency, 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 to be expended for the provision of those
services (including direct services to parentally placed
children) by the 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 religious,
schools, to the extent consistent with law.
``(III) Each local educational agency shall maintain in its
records and provide to the State educational agency the
number of children evaluated under this paragraph, the number
of children determined to be children with disabilities, and
the number of children served under this subsection.
``(ii) Child-find requirement.--
``(I) In general.--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 religious, elementary schools
and secondary schools. Such child find process shall be
conducted in a comparable time period as for other students
attending public schools in the local educational agency.
``(II) Equitable participation.--The child find process
shall be designed to ensure the equitable participation of
parentally placed private school children and an accurate
count of such children.
``(III) Activities.--In carrying out this clause, the local
educational agency, or where applicable, the State
educational agency, shall undertake activities similar to
those activities undertaken for its public school children.
``(IV) Cost.--The cost of carrying out this clause,
including individual evaluations, may not be considered in
determining whether a local education agency has met its
obligations under clause (i).
``(iii) Consultation.--To ensure timely and meaningful
consultation, a local educational agency, or where
appropriate, a State educational agency, shall consult with
representatives of children with disabilities who are
parentally placed in private schools, during the design and
development of special education and related services for
these children, including consultation regarding--
``(I) the child find process and how parentally placed
private school children suspected of having a disability can
participate equitably, including how parents, teachers, and
private school officials will be informed of the process;
``(II) the determination of the proportionate share of
Federal funds available to serve parentally placed private
school children with disabilities under this paragraph,
including the determination of how the proportionate share of
those funds were calculated;
``(III) the consultation process among the school district,
private school officials, and parents of parentally placed
private school children with disabilities, including how such
process
[[Page S5420]]
will operate throughout the school year to ensure that
parentally placed children with disabilities identified
through the child find process can meaningfully participate
in special education and related services;
``(IV) how, where, and by whom special education and
related services will be provided for parentally placed
private school children, including a discussion of alternate
service delivery mechanisms, how such services will be
apportioned if funds are insufficient to serve all children,
and how and when these decisions will be made; and
``(V) how, if the local educational agency disagrees with
the views of the private school officials on the provision of
services through a contract, the local educational agency
shall provide to the private school officials a written
explanation of the reasons why the local educational agency
chose not to provide services through a contract.
``(iv) Written affirmation.--When timely and meaningful
consultation as required by this section has occurred, the
local educational agency shall obtain a written affirmation
signed by the representatives of participating private
schools, and if such officials do not provide such
affirmation within a reasonable period of time, the local
educational agency shall forward the documentation of the
consultation process to the State educational agency.
``(v) Compliance.--
``(I) In general.--A private school official shall have the
right to complain to the State educational agency that the
local educational agency did not engage in consultation that
was meaningful and timely, or did not give due consideration
to the views of the private school official.
``(II) Procedure.--If the private school official wishes to
complain, the official shall provide the basis of the
noncompliance with this section by the local educational
agency to the State educational agency, and the local
educational agency shall forward the appropriate
documentation to the State educational agency. If the private
school official is dissatisfied with the decision of the
State educational agency, such official may complain to the
Secretary by providing the basis of the noncompliance with
this section by the local educational agency to the
Secretary, and the State educational agency shall forward the
appropriate documentation to the Secretary.
``(vi) Provision of equitable services.--
``(I) Direct services.--To the extent practicable, the
local educational agency shall provide direct services to
children with disabilities parentally placed in private
schools.
``(II) Directly or through contracts.--A public agency may
provide special education and related services directly or
through contracts with public and private agencies,
organizations, and institutions.
``(III) Secular, neutral, nonideological.--Special
education and related services provided to children with
disabilities attending private schools, including materials
and equipment, shall be secular, neutral, and nonideological.
``(vii) Public control of funds.--The control of funds used
to provide special education and related services under this
section, and title to materials, equipment, and property
purchased with those funds, shall be in a public agency for
the uses and purposes provided in this Act, and a public
agency shall administer the funds and property.
``(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 the children 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
school 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)(3), 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--
``(I) shall not be reduced or denied for failure to provide
such notice if--
``(aa) the school prevented the parent from providing such
notice; or
``(bb) the parents had not received notice, pursuant to
section 615, of the notice requirement in clause (iii)(I);
and
``(II) may, in the discretion of a court or a hearing
officer, not be reduced or denied for failure to provide such
notice if--
``(aa) the parent is illiterate and cannot write in
English; or
``(bb) compliance with clause (iii)(I) would likely have
resulted in physical or serious emotional harm to the child.
``(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
``(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 of a State 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
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 section 602(1) relating to assistive technology
devices, 602(2) relating to assistive technology services,
602(25) relating to related services, 602(32) relating to
supplementary aids and services, and 602(33) relating to
transition services) that are necessary for ensuring a free
appropriate public education to
[[Page S5421]]
children with disabilities within the State, such public
agency shall fulfill that obligation or responsibility,
either directly or through contract or other arrangement
pursuant to subparagraph (A) or an agreement pursuant to
subparagraph (C).
``(ii) Reimbursement for services by public agency.--If a
public agency other than an educational agency fails to
provide or pay for 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 is authorized to
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 and approved by the Secretary.
``(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) 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, including that those
personnel have the content knowledge and skills to serve
children with disabilities.
``(B) Related services personnel and paraprofessionals.--
The standards under subparagraph (A) include standards for
related services personnel and paraprofessionals that--
``(i) are 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) ensure that related services personnel who deliver
services in their discipline or profession meet the
requirements of clause (i) and have not had certification or
licensure requirements waived on an emergency, temporary, or
provisional basis; and
``(iii) allow paraprofessionals and assistants who are
appropriately trained and supervised, in accordance with
State law, regulation, or written policy, in meeting the
requirements of this part to be used to assist in the
provision of special education and related services under
this part to children with disabilities.
``(C) Standards for special education teachers.--
``(i) In general.--The standards described in subparagraph
(A) shall ensure that each person employed as a special
education teacher in the State who teaches in an elementary,
middle, or secondary school is highly qualified not later
than the end of the 2006-2007 school year.
``(ii) Compliance.--Notwithstanding paragraphs (2) and (3)
of section 1119(a) of the Elementary and Secondary Education
Act of 1965, for purposes of determining compliance with such
paragraphs--
``(I) the Secretary, the State educational agency, and
local educational agencies shall apply the definition of
highly qualified in section 602(10) to special education
teachers; and
``(II) the State shall ensure that all special education
teachers teaching in core academic subjects within the State
are highly qualified (as defined in section 602(10)) not
later than the end of the 2006-2007 school year.
``(iii) Parents' right to know.--In carrying out section
1111(h)(6) of the Elementary and Secondary Education Act of
1965 with respect to special education teachers, a local
educational agency shall--
``(I) include in a response to a request under such section
any additional information needed to demonstrate that the
teacher meets the applicable requirements of section 602(10)
relating to certification or licensure as a special education
teacher; and
``(II) apply the definition of highly qualified in section
602(10) in carrying out section 1111(h)(6)(B)(ii).
``(D) Policy.--In implementing this section, a State shall
adopt a policy that includes a requirement that local
educational agencies in the State take measurable steps to
recruit, hire, train, and retain highly qualified personnel
to provide special education and related services under this
part to children with disabilities.
``(E) Rule of construction.--Notwithstanding any other
individual right of action that a parent or student may
maintain under this part, nothing in this subsection shall be
construed to create a right of action on behalf of an
individual student for the failure of a particular State
educational agency or local educational agency staff person
to be highly qualified, or to prevent a parent from filing a
complaint about staff qualifications with the State
educational agency as provided for under this part.
``(15) Performance goals and indicators.--The State--
``(A) has established goals for the performance of children
with disabilities in the State that--
``(i) promote the purposes of this Act, as stated in
section 601(d);
``(ii) are the same as the State's definition of adequate
yearly progress, including the State's objectives for
progress by children with disabilities, under section
1111(b)(2)(C) of the Elementary and Secondary Education Act
of 1965;
``(iii) address graduation rates and drop out rates, as
well as such other factors as the State may determine; and
``(iv) are consistent, to the extent appropriate, with any
other goals and standards for children established by the
State;
``(B) has established performance indicators the State will
use to assess progress toward achieving the goals described
in subparagraph (A), including measurable annual objectives
for progress by children with disabilities under section
1111(b)(2)(C)(v)(II)(cc) of the Elementary and Secondary
Education Act of 1965; and
``(C) will annually 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).
``(16) Participation in assessments.--
``(A) In general.-- All children with disabilities are
included in all general State and districtwide assessment
programs and accountability systems, including assessments
and accountability systems described under section 1111 of
the Elementary and Secondary Education Act of 1965, with
appropriate accommodations, alternate assessments where
necessary, and as indicated in their respective
individualized education programs.
``(B) Accommodation guidelines.--The State (or, in the case
of a districtwide assessment, the local educational agency)
has developed guidelines for the provision of appropriate
accommodations.
``(C) Alternate assessments.--
``(i) In general.--The State (or, in the case of a
districtwide assessment, the local educational agency) has
developed and implemented guidelines for the participation of
children with disabilities in alternate assessments for those
children who cannot participate in regular assessments under
subparagraph (B) as indicated in their respective
individualized education programs.
``(ii) Requirements for alternate assessments.--The
guidelines under clause (i) shall provide for alternate
assessments that--
``(I) are aligned with the State's challenging academic
content and academic achievement standards; and
``(II) if the State has adopted alternate academic
achievement standards permitted under section 1111(b)(1) of
the Elementary and Secondary Education Act of 1965, measure
the achievement of children with disabilities against those
standards.
``(iii) Conduct of alternative assessments.--The State
conducts the alternate assessments described in this
subparagraph.
``(D) Reports.--The State educational agency (or, in the
case of a districtwide assessment, the local 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, and the number of those
children who were provided accommodations in order to
participate in those assessments.
``(ii) The number of children with disabilities
participating in alternate assessments described in
subparagraph (C)(ii)(I).
``(iii) The number of children with disabilities
participating in alternate assessments described in
subparagraph (C)(ii)(II).
``(iv) The performance of children with disabilities on
regular assessments and on alternate assessments (if the
number of children with disabilities participating in those
assessments is sufficient to yield statistically reliable
information and reporting that information will not reveal
personally identifiable information about an individual
student), compared with the achievement of all children,
including children with disabilities, on those assessments.
``(E) Universal design.--The State educational agency (or,
in the case of a districtwide assessment, the local
educational agency) shall, to the extent feasible, use
universal design principles in developing and administering
any assessments under this paragraph.
``(17) 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.
``(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.
``(18) 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.
[[Page S5422]]
``(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 1 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 (17)(C)
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.
``(19) 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.
``(20) 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 ages birth
through 26, including not less than 1 foster parent of a
child with disabilities who is a ward of the State, not less
than 1 grandparent or other relative who is acting in the
place of a natural or adoptive parent, and not less than 1
representative of children with disabilities in military
families;
``(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, including
officials who carry out activities under subtitle B of title
VII of the McKinney-Vento Homeless Assistance Act;
``(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 1 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.
``(xi) representatives from the State child welfare agency;
and
``(xii) a representative of wards of the State who are in
foster care, such as an attorney for children in foster care,
a guardian ad litem, a court appointed special advocate, or a
judge.
``(C) Special rule.--A majority of the members of the panel
shall be individuals with disabilities ages birth through 26
or parents of such individuals.
``(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.
``(21) 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.
``(22) Access to instructional materials.--
``(A) In general.--The State adopts the national
Instructional Materials Accessibility Standard described in
section 675(a) for the purposes of providing instructional
materials to blind persons or other persons with print
disabilities in a timely manner after the publication of the
standard in the Federal Register.
``(B) Preparation and delivery of files.--Not later than 2
years after the date of enactment of the Individuals with
Disabilities Education Improvement Act of 2004, a State
educational agency, as part of any print instructional
materials adoption process, procurement contract, or other
practice or instrument used for purchase of print
instructional materials, enters into a written contract with
the publisher of the print instructional materials to--
``(i) prepare, and on or before delivery of the print
instructional materials, provide to the National
Instructional Materials Access Center, established pursuant
to section 675(b), electronic files containing the contents
of the print instructional materials using the Instructional
Materials Accessibility Standard; or
``(ii) purchase instructional materials from a publisher
that are produced in or may be rendered in the specialized
formats described in section 675(a)(4)(C).
``(C) Assistive technology.--In carrying out subparagraph
(B), the State educational agency, to the maximum extent
possible, shall work collaboratively with the State agency
responsible for assistive technology programs.
``(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 Improvement Act of 2004, 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 determines
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 Improvement Act of 2004, the provisions of this Act
are amended (or the regulations developed to carry out this
Act are amended), 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, then 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 was prohibited by law from providing for
the equitable participation in special programs of children
with disabilities enrolled in private elementary schools and
secondary schools as required by subsection (a)(10)(A), or if
the Secretary determines that a State educational agency,
local educational agency, or other entity has substantially
failed or is unwilling to provide for such equitable
participation, then the Secretary shall, notwithstanding such
provision of law, arrange for the provision of services to
such children through arrangements which shall be subject to
the requirements of such subsection.
``(2) Payments.--
``(A) Determination of amounts.--If the Secretary arranges
for services pursuant to this subsection, the Secretary,
after consultation with the appropriate public and private
school officials, shall pay to the provider of such services
for a fiscal year an amount per child that does not exceed
the amount determined by dividing--
``(i) the total amount received by the State under this
part for such fiscal year; by
``(ii) the number of children with disabilities served in
the prior year, as reported to the Secretary by the State
under section 618.
``(B) Withholding of certain amounts.--Pending final
resolution of any investigation or complaint that may result
in a determination under this subsection, the Secretary may
withhold from the allocation of the affected State
[[Page S5423]]
educational agency the amount the Secretary estimates will 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 submits a plan that provides assurances to the State
educational agency that the local educational agency 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) 8 percent rule.--Notwithstanding clauses (ii) and
(iii) of subparagraph (A), a local educational agency may
treat as local funds, for the purposes of such clauses, not
more than 8 percent of the amount of funds the local
educational agency receives under this part.
``(ii) 40 percent rule.--Notwithstanding clauses (ii) and
(iii) of subparagraph (A), for any fiscal year for which
States are allocated the maximum amount of grants pursuant to
section 611(a)(2), a local educational agency may treat as
local funds, for the purposes of such clauses, not more than
40 percent of the amount of funds the local educational
agency receives under this part, subject to clause (iv).
``(iii) Early intervening services.--
``(I) 8 percent rule.--If a local educational agency
exercises authority pursuant to clause (i), the 8 percent
funds shall be counted toward the percentage and amount of
funds that may be used to provide early intervening
educational services pursuant to subsection (f).
``(II) 40 percent rule.--If a local educational agency
exercises authority pursuant to clause (ii), the local
educational agency shall use an amount of the 40 percent
funds from clause (ii) that represents 15 percent of the
total amount of funds the local educational agency receives
under this part, to provide early intervening educational
services pursuant to subsection (f).
``(iv) Special rule.--Funds treated as local funds pursuant
to clause (i) or (ii) may be considered non-Federal or local
funds for the purposes of--
``(I) clauses (ii) and (iii) of subparagraph (A); and
``(II) the provision of the local share of costs for title
XIX of the Social Security Act.
``(v) Report.--For each fiscal year in which a local
educational agency exercises its authority pursuant to this
subparagraph and treats Federal funds as local funds, the
local educational agency shall report to the State
educational agency the amount of funds so treated and the
activities that were funded with such funds.
``(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
shall ensure that all personnel necessary to carry out this
part are appropriately and adequately prepared, consistent
with the requirements of section 612(a)(14) of this Act and
section 2122 of the Elementary and Secondary Education Act of
1965.
``(4) Permissive use of funds.--
``(A) Uses.--Notwithstanding paragraph (2)(A) or section
612(a)(17)(B) (relating to commingled funds), funds provided
to the local educational agency under this part may be used
for the following activities:
``(i) 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 1 or more nondisabled
children benefit from such services.
``(ii) Early intervening services.--To develop and
implement coordinated, early intervening educational services
in accordance with subsection (f).
``(B) Administrative case management.--A local educational
agency may use funds received under this part to purchase
appropriate technology for recordkeeping, data collection,
and related case management activities of teachers and
related services personnel providing services described in
the individualized education program of children with
disabilities, that is needed for the implementation of such
case management activities.
``(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
charter schools in the same manner as the local educational
agency serves children with disabilities in its other
schools, including providing supplementary and related
services on site at the charter school to the same extent to
which the local educational agency has a policy or practice
of providing such services on the site to its other public
schools; and
``(B) provides funds under this part to those charter
schools on the same basis, including proportional
distribution based on relative enrollment of children with
disabilities, and at the same time, as the local educational
agency distributes State, local, or a combination of State
and local, funds to those charter schools under the State's
charter school law.
``(6) Purchase of instructional materials.--Not later than
2 years after the date of enactment of the Individuals with
Disabilities Education Improvement Act of 2004, a local
educational agency, when purchasing print instructional
materials, acquires these instructional materials in the same
manner as a State educational agency described in section
612(a)(22).
``(7) 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 (15) and (16) of section 612(a),
information relating to the performance of children with
disabilities participating in programs carried out under this
part.
``(8) 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.
``(9) Records regarding migratory children with
disabilities.--The local educational agency shall cooperate
in the Secretary's efforts under section 1308 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6398) to ensure the linkage of records pertaining to
migratory children with a disability for the purpose of
electronically exchanging, among the
[[Page S5424]]
States, health and educational information regarding such
children.
``(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
Improvement Act of 2004, the State educational agency shall
consider such local educational agency or State agency, as
the case may be, to have met such requirement for purposes of
receiving assistance under this part.
``(2) Modification made by local educational agency.--
Subject to paragraph (3), an application submitted by a local
educational agency in accordance with this section shall
remain in effect until the local educational agency submits
to the State educational agency such modifications as the
local educational agency determines necessary.
``(3) Modifications required by state educational agency.--
If, after the effective date of the Individuals with
Disabilities Education Improvement Act of 2004, the
provisions of this Act are amended (or the regulations
developed to carry out this Act are amended), 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, then 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.
``(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, then 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 will be ineligible under this section because the
local educational agency will 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 the charter school is explicitly
permitted to do so under the State's charter school law.
``(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(f) 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) Early Intervening Services.--
``(1) In general.--A local educational agency may not use
more than 15 percent of the amount such agency receives under
this part for any fiscal year, less any amount treated as
local funds pursuant to subsection (a)(2)(C), if any, in
combination with other amounts (which may include amounts
other than education funds), to develop and implement
coordinated, early intervening services, which may include
interagency financing structures, for students in
kindergarten through grade 12 (with a particular emphasis on
students in kindergarten through grade 3) who do not meet the
definition of a child with a disability under section 602(3)
but who need additional academic and behavioral support to
succeed in a general education environment.
``(2) Activities.--In implementing coordinated, early
intervening services under this subsection, a local
educational agency may carry out activities that include--
``(A) professional development (which may be provided by
entities other than local educational agencies) for teachers
and other school staff to enable such personnel to deliver
scientifically based academic and behavioral interventions,
including scientifically based literacy instruction, and,
where appropriate, instruction on the use of adaptive and
instructional software;
``(B) providing educational and behavioral evaluations,
services, and supports, including scientifically based
literacy instruction; and
``(C) developing and implementing interagency financing
structures for the provision of such services and supports.
``(3) Construction.--Nothing in this subsection shall be
construed to either limit or create a right to a free
appropriate public education under this part.
``(4) Reporting.--Each local educational agency that
develops and maintains coordinated, early intervening
services with funds made available for this subsection, shall
annually report to the State educational agency on--
``(A) the number of children served under this subsection;
and
``(B) the number of children served under this subsection
who are subsequently referred to special education.
``(5) Coordination with certain projects under elementary
and secondary education act of 1965.--Funds made available to
carry out this subsection may be used to carry out
coordinated, early intervening services aligned with
activities funded by, and carried out under, the Elementary
and Secondary Education Act of 1965 if such funds are used to
supplement, and not supplant, funds made available under the
Elementary and Secondary Education Act of 1965 for the
activities and services assisted under this subsection.
``(6) Report to congress.--Not later than 1 year after the
date of enactment of the Individuals with Disabilities
Education Improvement Act of 2004, the Comptroller General
shall conduct a study on the types of services provided to
children served under this subsection, and shall submit a
report to Congress regarding the study.
``(g) Direct Services by the State Educational Agency.--
``(1) In general.--A State educational agency shall use the
payments that would otherwise have been available to a local
educational agency or to a State agency to provide special
education and related services directly to children with
disabilities residing in the area served by that local
educational agency, or for whom that State agency is
responsible, if the State educational agency determines that
the local educational 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 1 or
more local educational agencies in order to establish and
maintain such programs; or
``(D) has 1 or more children with disabilities who can best
be served by a regional or State program or service delivery
system designed to meet the needs of such children.
``(2) Manner and location of education and services.--The
State educational agency may provide special education and
related services under paragraph (1) in such manner and at
such locations (including regional or State centers) as the
State agency considers appropriate. Such education and
services shall be provided in accordance with this part.
``(h) State Agency Eligibility.--Any State agency that
desires to receive a subgrant for any fiscal year under
section 611(f) 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.
``(i) 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
[[Page S5425]]
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 1 school to another, the transmission of any
of the child's records shall 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.
``(j) State Agency Flexibility.--
``(1) Treatment of federal funds in certain fiscal years.--
If a State educational agency pays or reimburses local
educational agencies within the State for not less than 80
percent of the non-Federal share of the costs of special
education and related services, or the State is the sole
provider of free appropriate public education or direct
services pursuant to section 612(b), then the State
educational agency, notwithstanding sections 612(a) (17) and
(18) and 612(b), may treat funds allocated pursuant to
section 611 as general funds available to support the
educational purposes described in paragraph (2) (A) and (B).
``(2) Conditions.--A State educational agency may use funds
in accordance with paragraph (1) subject to the following
conditions:
``(A) 8 percent rule.--A State educational agency may treat
not more than 8 percent of the funds the State educational
agency receives under this part as general funds to support
any educational purpose described in the Elementary and
Secondary Education Act of 1965, needs-based student or
teacher higher education programs, or the non-Federal share
of costs of title XIX of the Social Security Act.
``(B) 40 percent rule.--For any fiscal year for which
States are allocated the maximum amount of grants pursuant to
section 611(a)(2), a State educational agency may treat not
more than 40 percent of the amount of funds the State
educational agency receives under this part as general funds
to support any educational purpose described in the
Elementary and Secondary Education Act of 1965, needs-based
student or teacher higher education programs, or the non-
Federal share of costs of title XIX of the Social Security
Act, subject to subparagraph (C).
``(C) Requirement.--A State educational agency may exercise
its authority pursuant to subparagraph (B) only if the State
educational agency uses an amount of the 40 percent funds
from subparagraph (B) that represents 15 percent of the total
amount of funds the State educational agency receives under
this part, to provide, or to pay or reimburse local
educational agencies for providing, early intervening
services pursuant to subsection (f).
``(2) Prohibition.--Notwithstanding subsection (a), if the
Secretary determines that a State educational agency is
unable to establish, maintain, or oversee programs of free
appropriate public education that meet the requirements of
this part, then the Secretary shall prohibit the State
educational agency from treating funds allocated under this
part as general funds pursuant to paragraph (1).
``(3) Report.--For each fiscal year for which a State
educational agency exercises its authority pursuant to
paragraph (1) and treats Federal funds as general funds, the
State educational agency shall report to the Secretary the
amount of funds so treated and the activities that were
funded with such funds.
``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) Request for initial evaluation.--Consistent with
subparagraph (D), either a parent of a child, or a State
educational agency, other State agency, or local educational
agency may initiate a request for an initial evaluation to
determine if the child is a child with a disability.
``(C) 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)) within 60 days of
receiving parental consent for the evaluation, or, if the
State has established a timeframe within which the evaluation
must be conducted, within such timeframe; and
``(ii) to determine the educational needs of such child.
``(D) 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
(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.
``(iii) Refusal or failure to consent.--If the parent of a
child does not provide informed consent to the receipt of
special education and related services, or the parent fails
to respond to a request to provide the consent, the local
educational agency shall not be considered to be in violation
of the requirement to make available a free appropriate
public education to the child for the failure to provide the
special education and related services for which the local
educational agency requests such informed consent.
``(iv) Exception for wards of the state.--The agency shall
not be required to obtain an informed consent from the
parents of a child for an initial evaluation to determine
whether the child is a child with a disability if such child
is a ward of the State and is not residing with the child's
parent and consent has been given by an individual who has
appropriate knowledge of the child's educational needs,
including the judge appointed to the child's case or the
child's attorney, guardian ad litem, or court appointed
special advocate.
``(2) Reevaluations.--
``(A) In general.--A local educational agency shall ensure
that a reevaluation of each child with a disability is
conducted in accordance with subsections (b) and (c)--
``(i) if the local educational agency determines that the
educational or related services needs, including improved
academic achievement and functional performance, of the child
warrant a reevaluation; or
``(ii) if the child's parents or teacher requests a
reevaluation.
``(B) Limitation.--A reevaluation conducted under
subparagraph (A) shall occur--
``(i) not more than once a year, unless the parent and the
local educational agency agree otherwise; and
``(ii) at least once every 3 years, unless the parent and
the local educational agency agree that a reevaluation is
unnecessary.
``(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, developmental, and academic
information, including information provided by the parent,
that may assist in determining--
``(i) whether the child is a child with a disability; and
``(ii) 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, measure, or assessment
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;
``(ii) are provided and administered in the language and
form most likely to yield accurate information on what the
child knows and can do academically, developmentally, and
functionally, unless it is not feasible to so provide or
administer;''.
``(iii) are used for purposes for which the assessments or
measures are valid and reliable;
``(iv) are administered by trained and knowledgeable
personnel; and
``(v) are administered in accordance with any instructions
provided by the producer of such tests;
``(B) the child is assessed in all areas of suspected
disability; and
``(C) assessment tools and strategies that provide relevant
information that directly assists persons in determining the
educational needs of the child are provided.
``(D) assessments of children with disabilities, including
homeless children with disabilities, children with
disabilities who are wards of the State, and children with
disabilities in military families, who transfer from 1 school
district to another school district in the same academic
year, are--
``(i) coordinated with such children's prior and subsequent
schools as necessary to ensure timely completion of full
evaluations; and
``(ii) completed within time limits--
``(I) established for all students by Federal law or State
plans; and
``(II) that computes the commencement of time from the date
on which such children are first referred for assessments in
any local educational agency.
``(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 shall 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--
``(A) lack of scientifically based instruction in reading;
``(B) lack of instruction in mathematics; or
``(C) limited English proficiency.
``(6) Specific learning disabilities.--
``(A) In general.--Notwithstanding section 607(b), when
determining whether a child has a specific learning
disability as defined in section 602(29), a local educational
agency shall not be
[[Page S5426]]
required to take into consideration whether a child has a
severe discrepancy between achievement and intellectual
ability in oral expression, listening comprehension, written
expression, basic reading skill, reading comprehension,
mathematical calculation, or mathematical reasoning.
``(B) Additional authority.--In determining whether a child
has a specific learning disability, a local educational
agency may use a process that determines if the child
responds to scientific, research-based intervention as a part
of the evaluation procedures described in paragraphs (2) and
(3).
``(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
observations; 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;
``(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 and
procedures 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)(D), prior to conducting any reevaluation of
a child with a disability, except that such informed parental
consent need not be obtained if the local educational agency
can demonstrate that the local educational agency 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 is or 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 the
determination; and
``(ii) the right of such parents to request an assessment
to determine whether the child is or continues to be a child
with a disability; and
``(B) shall not be required to conduct such an assessment
unless requested by the child's parents.
``(5) Evaluations before change in eligibility.--
``(A) In general.--Except as provided in subparagraph (B),
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.
``(B) Exception.--
``(i) In general.--The evaluation described in subparagraph
(A) shall not be required before the termination of a child's
eligibility under this part due to graduation from secondary
school with a regular diploma, or to exceeding the age
eligibility for a free appropriate public education under
State law.
``(ii) Summary of performance.--For a child whose
eligibility under this part terminates under circumstances
described in clause (i), a local educational agency shall
provide the child with a summary of the child's academic
achievement and functional performance, which shall include
recommendations on how to assist the child in meeting the
child's postsecondary goals.
``(d) Individualized Education Programs.--
``(1) Definitions.--As used in this title:
``(A) Individualized education program.--
``(i) In general.--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 academic
achievement and functional performance, including--
``(aa) how the child's disability affects the child's
involvement and progress in the general curriculum; or
``(bb) for preschool children, as appropriate, how the
disability affects the child's participation in appropriate
activities;
``(II) a statement of measurable annual goals, including
academic and functional goals, designed to--
``(aa) meet the child's needs that result from the child's
disability to enable the child to be involved in and make
progress in the general curriculum; and
``(bb) meet each of the child's other educational needs
that result from the child's disability;
``(III) a description of how the child's progress toward
meeting the annual goals described in subclause (II) will be
measured and when periodic reports on the progress the child
is making toward meeting the annual goals (such as through
the use of quarterly or other periodic reports, concurrent
with the issuance of report cards) will be provided;
``(IV) 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--
``(aa) to advance appropriately toward attaining the annual
goals;
``(bb) to be involved in and make progress in the general
curriculum in accordance with subclause (I) and to
participate in extracurricular and other nonacademic
activities; and
``(cc) to be educated and participate with other children
with disabilities and nondisabled children in the activities
described in this paragraph;
``(V) 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 subclause
(IV)(cc);
``(VI)(aa) a statement of any individual appropriate
accommodations that are necessary to measure the academic
achievement and functional performance of the child on State
and districtwide assessments consistent with section
612(a)(16)(A); and
``(bb) if the IEP Team determines that the child shall take
an alternate assessment on a particular State or districtwide
assessment of student achievement, a statement of why--
``(AA) the child cannot participate in the regular
assessment; and
``(BB) the particular alternate assessment selected is
appropriate for the child;
``(VII) the projected date for the beginning of the
services and modifications described in subclause (IV), and
the anticipated frequency, location, and duration of those
services and modifications; and
``(VIII) beginning not later than the first IEP to be in
effect when the child is 14, and updated annually
thereafter--
``(aa) appropriate measurable postsecondary goals based
upon age appropriate transition assessments related to
training, education, employment, and, where appropriate,
independent living skills;
``(bb) the transition services (including courses of study)
needed by the child to reach those goals, including services
to be provided by other agencies when needed; and
``(cc) beginning at least 1 year before the child reaches
the age of majority under State law, a statement that the
child has been informed of the child's rights under this
title, if any, that will transfer to the child on reaching
the age of majority under section 615(m).
``(ii) Rule of construction.--Nothing in this section shall
be construed to require--
``(I) that additional information be included in a child's
IEP beyond what is explicitly required in this section; and
``(II) the IEP Team to include information under 1
component of a child's IEP that is already contained under
another component of such IEP.
``(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 1 regular education teacher of such child
(if the child is, or may be, participating in the regular
education environment);
``(iii) at least 1 special education teacher, or where
appropriate, at least 1 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.
``(viii) if the child is a ward of the State, another
individual with appropriate knowledge of the child's
educational needs, such as a foster parent, a relative with
whom the child lives who acts as a parent to the child, an
attorney for the child, a guardian ad litem, a court
appointed special advocate, a judge, or an education
surrogate.
``(C) IEP team attendance.--
``(i) Attendance not necessary.--A member of the IEP Team
shall not be required to attend an IEP meeting, in whole or
in part, if that member, the parent of a child with a
disability, and the local educational agency agree that the
attendance of such member is not necessary because no
modification to the member's area of the curriculum or
related services is being modified or discussed in the
meeting.
``(ii) Excusal.--A member of the IEP Team may be excused
from attending an IEP meeting, in whole or in part, when the
meeting involves a modification to or discussion of the
member's area of the curriculum or related services, if--
``(I) that member, the parent, and the local educational
agency consent to the excusal; and
``(II) the member submits input into the development of the
IEP prior to the meeting.
``(iii) Written agreement and consent required.--A parent's
agreement under clause (i) and consent under clause (ii)
shall be in writing.
``(2) Requirement that program be in effect.--
[[Page S5427]]
``(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.
``(C) Program for children who transfer school districts.--
``(i) In general.--In the case of a child with a
disability, including a homeless child with a disability, a
child with a disability who is a ward of the State, or a
child with a disability in a military family, who transfers
school districts within the same academic year, who enrolls
in a new school and who had an IEP that was in effect in the
same or another State, the local educational agency, State
educational agency, or other State agency, as the case may
be, shall immediately provide such child with a free
appropriate public education, including comparable services
identified in the previously held IEP and in consultation
with the parents until such time as the local educational
agency, State educational agency, or other State agency, as
the case may be, adopts the previously held IEP or develops,
adopts, and implements a new IEP that is consistent with
Federal and State law.
``(ii) Transmittal of records.--To facilitate the
transition for a child described in clause (i), the new
school in which the child enrolls shall immediately request
the child's records from the previous schools in which the
child was enrolled and the previous schools in which the
child was enrolled shall immediately transmit to the new
school, upon such request, the IEP and supporting documents
and any other records relating to the provision of special
education or related services to the child.
``(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;
``(ii) the concerns of the parents for enhancing the
education of their child;
``(iii) the results of the initial evaluation or most
recent evaluation of the child; and
``(iv) the academic, developmental, and functional needs of
the child.
``(B) Consideration of special factors.--The IEP Team
shall--
``(i) in the case of a child whose behavior impedes the
child's learning or that of others, provide for positive
behavioral interventions and supports, and other strategies
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--
``(I) 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; and
``(II) consider, when appropriate, instructional services
related to functional performance skills, orientation and
mobility, and skills in the use of assistive technology
devices, including low vision devices;
``(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.--A 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 supports, and other strategies,
and the determination of supplementary aids and services,
program modifications, and support for school personnel
consistent with paragraph (1)(A)(i)(IV).
``(D) Agreement.--In making changes to a child's IEP after
the annual IEP meeting for a school year, the parent of a
child with a disability and the local educational agency may
agree not to convene an IEP meeting for the purposes of
making such changes, and instead may develop a written
document to amend or modify the child's current IEP.
``(E) Consolidation of iep team meetings.--To the extent
possible, the local educational agency shall encourage the
consolidation of reevaluations of a child with IEP Team
meetings for the child.
``(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) revise 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.--A regular education teacher of the child, as a
member of the IEP Team, shall, consistent with paragraph
(1)(C), participate in the review and revision of the IEP of
the child.
``(5) Three-year iep.--
``(A) Development of 3-year iep.--The local educational
agency may offer a child with a disability who has reached
the age of 18, the option of developing a comprehensive 3-
year IEP. With the consent of the parent, when appropriate,
the IEP Team shall develop an IEP, as described in paragraphs
(1) and (3), that is designed to serve the child for the
final 3-year transition period, which includes a statement
of--
``(i) measurable goals that will enable the child to be
involved in and make progress in the general education
curriculum and that will meet the child's transitional and
postsecondary needs that result from the child's disability;
and
``(ii) measurable annual goals for measuring progress
toward meeting the postsecondary goals described in clause
(i).
``(B) Review and revision of 3-year iep.--
``(i) Requirement.--Each year the local educational agency
shall ensure that the IEP Team--
``(I) provides an annual review of the child's IEP to
determine the child's current levels of progress and
determine whether the annual goals for the child are being
achieved; and
``(II) revises the IEP, as appropriate, to enable the child
to continue to meet the measurable transition goals set out
in the IEP.
``(ii) Comprehensive review.--If the review under clause
(i) determines that the child is not making sufficient
progress toward the goals described in subparagraph (A), the
local educational agency shall ensure that the IEP Team
provides a review, within 30 calendar days, of the IEP under
paragraph (4).
``(iii) Preference.--At the request of the child, or when
appropriate, the parent, the IEP Team shall conduct a review
of the child's 3-year IEP under paragraph (4) rather than an
annual review under subparagraph (B)(i).
``(6) 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)(i)(VIII), 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.
``(7) Children with disabilities in adult prisons.--
``(A) In general.--The following requirements shall 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)(16) and
paragraph (1)(A)(i)(V) (relating to participation of children
with disabilities in general assessments).
``(ii) The requirements of items (aa) and (bb) of paragraph
(1)(A)(i)(VIII) (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) 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. Decisions regarding the educational placement of
a child with a disability who is a homeless child shall
comply with the requirements described under section
722(g)(3) of the McKinney-Vento Homeless Assistance Act.
``(f) Alternative Means of Meeting Participation.--When
conducting IEP Team meetings and placement meetings pursuant
to this section, the parent of a child with a disability and
a local educational agency may agree to use alternative means
of meeting participation, such as video conferences and
conference calls.
``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, including children with
disabilities who are wards of the State, 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
[[Page S5428]]
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, the
child is a ward of the State, or the child is a homeless
child who is not in the physical custody of a parent or
guardian 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 in accordance with subsection (o);
``(3) written prior notice to the parents of the child, in
accordance with subsection (c)(1), whenever the local
educational agency--
``(A) proposes to initiate or change; or
``(B) refuses to initiate or change,
the identification, evaluation, or educational placement of
the child, 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 for either party 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)(A) procedures that require either party, or the
attorney representing a party, to provide due process
complaint notice in accordance with subsection (c)(2) (which
shall remain confidential)--
``(i) to the other party, in the complaint filed under
paragraph (6), and forward a copy of such notice to the State
educational agency; and
``(ii) that shall include--
``(I) the name of the child, the address of the residence
of the child (or available contact information in the case of
a homeless child), and the name of the school the child is
attending;
``(II) in the case of a homeless child or youth (within the
meaning of section 725(2) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a(2)), available contact
information for the child and the name of the school the
child is attending;
``(III) 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
``(IV) a proposed resolution of the problem to the extent
known and available to the party at the time; and
``(B) a requirement that a party may not have a due process
hearing until the party, or the attorney representing the
party, files a notice that meets the requirements of
subparagraph (A)(ii);
``(8) a requirement that the local educational agency shall
send a prior written notice pursuant to subsection (c)(1) in
response to a parent's due process complaint notice under
paragraph (7) if the local educational agency has not sent
such a prior written notice to the parent regarding the
subject matter contained in the parent's due process
complaint notice; and
``(9) procedures that require the State educational agency
to develop a model form to assist parents in filing a
complaint and due process complaint notice in accordance with
paragraphs (6) and (7), respectively.
``(10) procedures to protect the rights of the child
whenever the child is a ward of the State, including
procedures that preserve the rights of the natural or
adoptive parent to make the decisions required of parents
under this Act (unless such rights have been extinguished
under State law) but that permit a child who is represented
in juvenile court by an attorney, guardian ad litem, or
another individual, to have such attorney, guardian ad litem,
or other individual present in any meetings, mediation
proceedings, or hearings provided under this Act.
``(c) Notification Requirements.--
``(1) Content of prior written notice.--The prior written
notice of the local educational agency required by subsection
(b)(3) shall include--
``(A) a description of the action proposed or refused by
the agency;
``(B) an explanation of why the agency proposes or refuses
to take the action;
``(C) a description of any other options that the agency
considered and the reasons why those options were rejected;
``(D) a description of each evaluation procedure, test,
record, or report the agency used as a basis for the proposed
or refused action;
``(E) a description of any other factors that are relevant
to the agency's proposal or refusal;
``(F) 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
``(G) sources for parents to contact to obtain assistance
in understanding the provisions of this part.
``(2) Due process complaint notice.--
``(A) In general.--The due process complaint notice
required under subsection (b)(7)(A) shall be deemed to be
sufficient unless the party receiving the notice notifies the
hearing officer and the other party in writing that the
receiving party believes the notice has not met the
requirements of that subsection.
``(B) Timing.--The party sending a hearing officer
notification under subparagraph (A) shall send the
notification within 20 days of receiving the complaint.
``(C) Determination.--Within 5 days of receipt of the
notification provided under subparagraph (B), the hearing
officer shall make a determination on the face of the notice
of whether the notification meets the requirements of
subsection (b)(7)(A), and shall immediately notify both
parties in writing of such determination.
``(D) Parent's amended notice of complaint.--
``(i) In general.--A parent may amend the parent's due
process complaint notice only if--
``(I) the public agency consents in writing to such
amendment and is given the opportunity to resolve the
complaint through a meeting held pursuant to subsection
(f)(1)(B); or
``(II) the hearing officer grants permission, but may do so
only before a due process hearing occurs.
``(ii) Applicable timeline.--The applicable timeline for a
due process hearing under this part shall recommence at the
time the party files an amended notice.
``(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 only 1 time a year, except that a
copy also shall be given to the parents--
``(A) upon initial referral or parental request for
evaluation;
``(B) upon registration of a complaint under subsection
(b)(6); and
``(C) upon request by a parent.
``(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) the opportunity to present and resolve complaints,
including--
``(i) the time period in which to make a complaint;
``(ii) the opportunity for the agency to resolve the
complaint; and
``(iii) the availability of mediation;
``(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) due process hearings, including requirements for
disclosure of evaluation results and recommendations;
``(J) State-level appeals (if applicable in that State);
``(K) civil actions, including the time period in which to
file such actions; and
``(L) attorney's fees.
``(e) Mediation.--
``(1) In general.--Any State educational agency or local
educational agency that receives assistance under this part
shall ensure that procedures are established and implemented
to allow parties to disputes involving any matter, including
matters arising prior to the filing of a complaint pursuant
to subsection (b)(6), to resolve such disputes through a
mediation process.
``(2) Requirements.--Such procedures shall meet the
following requirements:
``(A) The procedures shall ensure that the mediation
process--
``(i) is voluntary on the part of the 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) Opportunity to meet with a disinterested party.--A
local educational agency or a State agency may establish
procedures to offer to parents and schools who choose not to
use the mediation process, an opportunity 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
671 or 672; or
``(ii) an appropriate alternative dispute resolution
entity,
to encourage the use, and explain the benefits, of the
mediation process to the parents.
``(C) List of qualified mediators.--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) Costs.--The State shall bear the cost of the
mediation process, including the costs of meetings described
in subparagraph (B).
``(E) Scheduling and location.--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) Written mediation agreement.--An agreement reached by
the parties to the dispute in the mediation process shall be
set forth in a written mediation agreement that is
enforceable in any State court of competent jurisdiction or
in a district court of the United States.
``(G) Mediation discussions.--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.--
``(A) Hearing.--Whenever a complaint has been received
under subsection (b)(6) or (k), the
[[Page S5429]]
parents or the local educational agency 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.
``(B) Opportunity to resolve complaint.--
``(i) Preliminary meeting.--Prior to the opportunity for an
impartial due process hearing under subparagraph (A), the
local educational agency shall convene a meeting with the
parents and the IEP Team--
``(I) within 15 days of receiving notice of the parents'
complaint;
``(II) which shall include a representative of the public
agency who has decisionmaking authority on behalf of such
agency;
``(III) which may not include an attorney of the local
educational agency unless the parent is accompanied by an
attorney; and
``(IV) where the parents of the child discuss their
complaint, and the specific issues that form the basis of the
complaint, and the local educational agency is provided the
opportunity to resolve the complaint,
unless the parents and the local educational agency agree in
writing to waive such meeting, or agree to use the mediation
process described in subsection (e).
``(ii) Hearing.--If the local educational agency has not
resolved the complaint to the satisfaction of the parents
within 15 days of the receipt of the complaint, the due
process hearing may occur, and all of the applicable
timelines for a due process hearing under this part shall
commence.
``(iii) Written settlement agreement.--In the case that an
agreement is reached to resolve the complaint at such
meeting, the agreement shall be set forth in a written
settlement agreement that is--
``(I) signed by both the parent and a representative of the
public agency who has decisionmaking authority on behalf of
such agency; and
``(II) enforceable in any State court of competent
jurisdiction or in a district court of the United States.
``(2) Disclosure of evaluations and recommendations.--
``(A) In general.--Not less than 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) Limitations on hearing.--
``(A) Person conducting hearing.--A hearing officer
conducting a hearing pursuant to paragraph (1)(A) shall, at a
minimum--
``(i) not be--
``(I) an employee of the State educational agency or the
local educational agency involved in the education or care of
the child; or
``(II) a person having a personal or professional interest
that conflicts with the person's objectivity in the hearing;
``(ii) possess a fundamental understanding of this Act,
Federal and State regulations pertaining to this Act, and
interpretations of this Act by State and Federal courts;
``(iii) possess the knowledge and ability to conduct
hearings in accordance with appropriate, standard legal
practice; and
``(iv) possess the knowledge and ability to render and
write decisions in accordance with appropriate, standard
legal practice.
``(B) Subject matter of hearing.--The party requesting the
due process hearing shall not be allowed to raise issues at
the due process hearing that were not raised in the notice
filed under subsection (b)(7), unless the other party agrees
otherwise.
``(C) Rule of construction.--Nothing in this section shall
be construed to preclude a parent from filing a separate due
process complaint on an issue separate from a due process
complaint already filed.
``(D) Timeline for requesting hearing.--A parent or public
agency shall request an impartial due process hearing within
2 years of the date the parent or public agency knew or
should have known about the alleged action that forms the
basis of the complaint, or, if the State has an explicit time
limitation for requesting such a hearing under this part, in
such time as the State law allows.
``(E) Exception to the timeline.--The timeline described in
subparagraph (D) shall not apply if the parent was prevented
from requesting the hearing due to--
``(i) failure of the local educational agency to provide
prior written or procedural safeguards notices;
``(ii) false representations that the local educational
agency was attempting to resolve the problem forming the
basis of the complaint; or
``(iii) the local educational agency's withholding of
information from parents.
``(F) Decision of hearing officer.--
``(i) In general.--Subject to clause (ii), a decision made
by a hearing officer shall be made on substantive grounds
based on a determination of whether the child received a free
appropriate public education.
``(ii) Procedural issues.--In matters alleging a procedural
violation, a hearing officer may find that a child did not
receive a free appropriate public education only if the
procedural inadequacies--
``(I) compromised the child's right to an appropriate
public education;
``(II) seriously hampered the parents' opportunity to
participate in the process; or
``(III) caused a deprivation of educational benefits.
``(iii) Rule of construction.--Nothing in this paragraph
shall be construed to preclude a hearing officer from
ordering a local educational agency to comply with procedural
requirements under this section.
``(G) Rule of construction.--Nothing in this section shall
be construed to affect the right of a parent to file a
complaint with the State educational agency.
``(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 State educational 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 a written, or, at the option of the
parents, electronic findings of fact and decisions, which
findings and decisions--
``(A) shall be made available to the public consistent with
the requirements of section 617(b) (relating to the
confidentiality of data, information, and records); and
``(B) shall be transmitted to the advisory panel
established pursuant to section 612(a)(20).
``(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).
``(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).
``(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) Limitation.--The party bringing the action shall have
90 days from the date of the decision of the hearing officer
to bring such an action, or, if the State has an explicit
time limitation for bringing such action under this part, in
such time as the State law allows.
``(C) 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.--
``(i) In general.--In any action or proceeding brought
under this section, the court, in its discretion, may award
reasonable attorneys' fees as part of the costs--
``(I) to a prevailing party who is the parent of a child
with a disability;
``(II) to a prevailing party who is a State educational
agency or local educational agency against the attorney of a
parent who files a complaint or subsequent cause of action
that is frivolous, unreasonable, or without foundation, or
against the attorney of a parent who continued to litigate
after the litigation clearly became frivolous, unreasonable,
or without foundation; or
``(III) to a State educational agency or local educational
agency against the attorney of a parent, or against the
parent, if the parent's complaint or subsequent cause of
action was presented for any improper purpose, such as to
harass or to cause unnecessary delay or needless increase in
the cost of litigation.
``(ii) Rule of construction.--Nothing in this subparagraph
shall be construed to affect section 432 of the District of
Columbia Appropriations Act, 2004.
``(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) In general.--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--
[[Page S5430]]
``(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 10 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) IEP team meetings.--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).
``(iii) Opportunity to resolve complaints.--A meeting
conducted pursuant to subsection (f)(1)(B)(i) shall not be
considered--
``(I) a meeting convened as a result of an administrative
hearing or judicial action; or
``(II) an administrative hearing or judicial action for
purposes of this paragraph.
``(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, or the parent's attorney, 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 local educational agency the appropriate information
in the notice of the complaint described in subsection
(b)(7)(A),
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.
``(4) Parents representing their children in court.--
Subject to subsection (m), and notwithstanding any other
provision of Federal law regarding attorney representation
(including the Federal Rules of Civil Procedure), a parent of
a child with a disability may represent the child in any
action under this part in Federal or State court, without the
assistance of an attorney.
``(j) Maintenance of Current Educational Placement.--Except
as provided in subsection (k)(4), 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) In general.--School personnel under this section may
order a change in the placement of a child with a disability
who violates a code of student conduct to an appropriate
interim alternative educational setting, another setting, or
suspension, for not more than 10 school days (to the extent
such alternatives are applied to children without
disabilities).
``(B) Additional authority.--If school personnel seek to
order a change in placement that would exceed 10 school days
and the behavior that gave rise to the violation of the
school code is determined not to be a manifestation of the
child's disability pursuant to subparagraph (C), the relevant
disciplinary procedures applicable to children without
disabilities may be applied to the child in the same manner
in which the procedures would be applied to children without
disabilities, except as provided in section 612(a)(1).
``(C) Manifestation determination.--
``(i) In general.--Except as provided in subparagraphs (A)
and (D), within 10 school days of any decision to change the
placement of a child with a disability because of a violation
of a code of student conduct, the IEP Team shall review all
relevant information in the student's file, any information
provided by the parents, and teacher observations, to
determine--
``(I) if the conduct in question was the result of the
child's disability; or
``(II) if the conduct in question resulted from the failure
to implement the IEP or to implement behavioral interventions
as required by section 614(d)(3)(B)(i).
``(ii) Manifestation.--If the IEP Team determines that
either subclause (I) or (II) of clause (i) is applicable for
the child, the conduct shall be determined to be a
manifestation of the child's disability.
``(D) Special circumstances.--In cases where a child--
``(i) carries or possesses a weapon to or at school, on
school premises, or to or at a school function under the
jurisdiction of a State or local educational agency; or
``(ii) 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; or
``(iii) has committed serious bodily injury upon another
person while at school or at a school function under the
jurisdiction of a State or local educational agency,
school personnel may remove a student to an interim
alternative educational setting for not more than 45 school
days, without regard to whether the behavior is determined to
be a manifestation of the child's disability.
``(E) Notification.--Not later than the date on which the
decision to take disciplinary action is made, the local
educational agency shall notify the parents of that decision,
and of all procedural safeguards accorded under this section.
``(F) Services.--A child with a disability who is removed
from the child's current placement under subparagraph (B) or
(D) shall--
``(i) continue to receive educational services pursuant to
section 612(a)(1), so as to enable the child to continue to
participate in the general education curriculum, although in
another setting, and to progress toward meeting the goals set
out in the child's IEP; and
``(ii) receive behavioral intervention services as
described in section 614(d)(3)(B)(i), and a functional
behavioral assessment (but only if the local educational
agency did not conduct such an assessment before the
violation occurred), designed to address the behavior
violation so that the violation does not recur.
``(2) Determination of setting.--The alternative
educational setting shall be determined by the IEP Team.
``(3) Appeal.--
``(A) In general.--The parent of a child with a disability
who disagrees with any decision regarding disciplinary
action, placement, or the manifestation determination under
this subsection, or a local educational agency that believes
that maintaining the current placement of the child is
substantially likely to result in injury to the child or to
others, may request a hearing.
``(B) Authority of hearing officer.--
``(i) In general.--If a parent of a child with a disability
disagrees with a decision as described in subparagraph (A),
the hearing officer may determine whether the decision
regarding such action was appropriate.
``(ii) Change of placement order.--A hearing officer under
this section may order a change in placement of a child with
a disability to an appropriate interim alternative
educational setting for not more than 45 school days if the
hearing officer determines that maintaining the current
placement of such child is substantially likely to result in
injury to the child or to others.
``(4) Placement during appeals.--When a parent requests a
hearing regarding a disciplinary procedure described in
paragraph (1)(B) or challenges the interim alternative
educational setting or manifestation determination--
``(A) 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)(B), whichever occurs first, unless the
parent and the State or local educational agency agree
otherwise; and
``(B) the State or local educational agency shall arrange
for an expedited hearing, which shall occur within 20 school
days of the date the hearing is requested.
``(5) 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 violates a
code of student conduct, 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, before the behavior that precipitated the
disciplinary action occurred--
``(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 parent of the child has requested an evaluation
of the child pursuant to section 614;
``(iii) the teacher of the child, or other personnel of the
local educational agency, has expressed concern about a
pattern of behavior demonstrated by the child, to the
director of special education of such agency or to other
administrative personnel of the agency; or
``(iv) the child has engaged in a pattern of behavior that
should have alerted personnel of the local educational agency
that the child may be in need of special education and
related services.
``(C) Exception.--A local educational agency shall not be
deemed to have knowledge that the child has a disability if
the parent of the child has not agreed to allow an evaluation
of the child pursuant to section 614.
``(D) 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) or (C)) prior to taking
disciplinary measures against the child, the child may be
subjected to disciplinary measures applied to children
without disabilities who engaged in comparable behaviors
consistent with clause (ii).
[[Page S5431]]
``(ii) Limitations.--If a request is made for an evaluation
of a child during the time period in which the child is
subjected to disciplinary measures under paragraph (1), the
evaluation shall be conducted in an expedited manner. If the
child is determined to be a child with a disability, taking
into consideration information from the evaluation conducted
by the agency and information provided by the parents, the
agency shall provide special education and related services
in accordance with this part, except that, pending the
results of the evaluation, the child shall remain in the
educational placement determined by school authorities.
``(6) Referral to and action by law enforcement and
judicial authorities.--
``(A) Construction.--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) Transmittal of records.--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 the agency reports the crime.
``(7) 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
schedule I, II, III, 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' means a
controlled substance but does not include a controlled
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) Weapon.--The term `weapon' has the meaning given the
term `dangerous weapon' under section 930(g)(2) of title 18,
United States Code.
``(D) Serious bodily injury.--The term `serious bodily
injury' has the meaning given the term `serious bodily
injury' under paragraph (3) of subsection (h) of section 1365
of title 18, United States Code.
``(l) Rule of Construction.--Nothing in this title 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, or under subtitle B of title VII
of the McKinney-Vento Homeless Assistance Act or parts B and
E of title IV of the Social Security Act, 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.
``(n) E-Mail.--A parent of a child with a disability may
elect to receive notices required under this section by e-
mail communication, if the public agency makes such option
available.
``(o) Surrogate Parent.--
``(1) Assignment.--The assignment of a surrogate under
subsection (b)(2) shall take place not more than 30 days
after either of the following takes place:
``(A) The child is referred to the local educational agency
for an initial evaluation to determine if the child is a
child with a disability.
``(B) There is a determination made by the agency that the
child needs a surrogate parent because the child's parent
cannot be identified, the child becomes a ward of the State,
or, despite reasonable efforts to do so, the agency cannot
discover the whereabouts of the parent of the child.
``(2) Requirements of surrogate.--An individual may not be
assigned to act as a surrogate for the parents under
subsection (b)(2) unless the individual--
``(A) signs a written form agreeing to make the educational
decisions required of parents under this Act;
``(B)(i) has the knowledge and skills necessary to ensure
adequate representation of the child; or
``(ii) agrees to be trained as an educational surrogate;
and
``(C) has no interests that would conflict with the
interests of the child.
``(3) Foster parent as surrogate.--A foster parent of a
child may be assigned to act as a surrogate for the parents
of such child under subsection (b)(2) if the foster parent--
``(A) has an ongoing, long-term parental relationship with
the child;
``(B) agrees to make the educational decisions required of
parents under this Act;
``(C) agrees to be trained as an educational surrogate; and
``(D) has no interest that would conflict with the
interests of the child.
``SEC. 616. MONITORING, TECHNICAL ASSISTANCE, AND
ENFORCEMENT.
``(a) Federal and State Monitoring.--
``(1) In general.--The Secretary shall--
``(A) monitor implementation of this Act through--
``(i) oversight of the States' exercise of general
supervision, as required in section 612(a)(11); and
``(ii) the system of indicators, described in subsection
(b)(2); and
``(B) enforce this Act in accordance with subsection (c);
and
``(C) require States to monitor implementation of this Act
by local educational agencies and enforce this Act in
accordance with paragraph (3) of this subsection and
subsection (c).
``(2) Focused monitoring.--The primary focus of Federal and
State monitoring activities described in paragraph (1) shall
be on improving educational results and functional outcomes
for all children with disabilities, while ensuring compliance
with program requirements, with a particular emphasis on
those requirements that are most closely related to improving
educational results for children with disabilities.
``(3) Monitoring priorities.--The Secretary shall monitor,
and shall require States to monitor, the following priority
areas:
``(A) Provision of a free appropriate public education in
the least restrictive environment.
``(B) Provision of transition services, as defined in
section 602(33).
``(C) State exercise of general supervisory authority,
including the effective use of complaint resolution and
mediation.
``(D) Overrepresentation of racial and ethnic groups in
special education and related services, to the extent the
overrepresentation is the result of inappropriate policies,
procedures, and practices.
``(4) Permissive areas of review.--The Secretary may
examine other relevant information and data, including data
provided by States under section 618, and data from the
State's compliance plan under subsection (b)(2)(C).
``(b) Indicators.--
``(1) System.--The Secretary shall implement and administer
a system of required indicators as described in paragraph (2)
that measures the progress of States in improving their
performance under this Act.
``(2) Indicators.--
``(A) In general.--Using the performance indicators
established by States under section 612(a)(15), the Secretary
shall review--
``(i) the performance of children with disabilities in the
State on assessments, including alternate assessments,
dropout rates, and graduation rates, which for purposes of
this paragraph means the number and percentage of students
with disabilities who graduate with a regular diploma within
the number of years specified in a student's IEP; and
``(ii) the performance of children with disabilities in the
State on assessments, including alternate assessments,
dropout rates, and graduation rates, as compared to the
performance and rates for all children.
``(B) Secretary's assessment.--Based on that review and a
review of the State's compliance plan under subparagraph (C),
the Secretary shall assess the State's progress in improving
educational results for children with disabilities.
``(C) State compliance plan.--Not later than 1 year after
the date of the enactment of the Individuals with
Disabilities Education Improvement Act of 2004, each State
shall have in place a compliance plan developed in
collaboration with the Secretary. Each State's compliance
plan shall--
``(i) include benchmarks to measure continuous progress on
the priority areas described in subsection (a)(3);
``(ii) describe strategies the State will use to achieve
the benchmarks; and
``(iii) be approved by the Secretary.
``(D) Public reporting and privacy.--
``(i) In general.--After the Secretary approves a State's
compliance plan under subparagraph (C), the State shall use
the benchmarks in the plan and the indicators described in
this subsection to analyze the progress of each local
educational agency in the State on those benchmarks and
indicators.
``(ii) Report.--The State shall report annually to the
public on each local educational agency's progress under
clause (i), except where doing so would result in the
disclosure of personally identifiable information about
individual children or where the available data is
insufficient to yield statistically reliable information.
``(3) Data collection and analysis.--The Secretary shall--
``(A) review the data collection and analysis capacity of
States to ensure that data and information determined
necessary for implementation of this subsection is collected,
analyzed, and accurately reported to the Secretary; and
``(B) provide technical assistance to improve the capacity
of States to meet these data collection requirements.
``(c) Compliance and Enforcement.--
``(1) In general.--The Secretary shall examine relevant
State information and data annually, to determine whether the
State is making
[[Page S5432]]
satisfactory progress toward improving educational results
for children with disabilities using the indicators described
in subsection (b)(2)(A) and the benchmarks established in the
State compliance plan under subsection (b)(2)(C), and is in
compliance with the provisions of this Act.
``(2) Lack of satisfactory progress by a state.--
``(A) In general.--If after examining data, as provided in
subsection (b)(2) (A) and (C), the Secretary determines that
a State failed to make satisfactory progress in meeting the
indicators described in subsection (b)(2)(A) or has failed to
meet the benchmarks described in subsection (b)(2)(C) for 2
consecutive years after the State has developed its
compliance plan, the Secretary shall notify the State that
the State has failed to make satisfactory progress, and shall
take 1 or more of the following actions:
``(i) Direct the use of State level funds for technical
assistance, services, or other expenditures to ensure that
the State resolves the area or areas of unsatisfactory
progress.
``(ii) Withhold not less than 20, but not more than 50,
percent of the State's funds for State administration and
activities for the fiscal year under section 611(e), after
providing the State the opportunity to show cause why the
withholding should not occur, until the Secretary determines
that sufficient progress has been made in improving
educational results for children with disabilities.
``(B) Additional secretarial action.--If, at the end of the
5th year after the Secretary has approved the compliance plan
that the State has developed under subsection (b)(2)(C), the
Secretary determines that a State failed to meet the
benchmarks in the State compliance plan and make satisfactory
progress in improving educational results for children with
disabilities pursuant to the indicators described in
subsection (b)(2)(A), the Secretary shall take 1 or more of
the following actions:
``(i) Seek to recover funds under section 452 of the
General Education Provisions Act.
``(ii) After providing reasonable notice and an opportunity
for a hearing to the State educational agency involved,
withhold, in whole or in part, any further payments to the
State under this part pursuant to subsection (c)(5).
``(iii) After providing reasonable notice and an
opportunity for a hearing to the State educational agency
involved, refer the matter for appropriate enforcement
action, which may include referral to the Department of
Justice.
``(iv) Pending the outcome of any hearing to withhold
payments under clause (ii), the Secretary may suspend
payments to a recipient, suspend the authority of the
recipient to obligate Federal funds, or both, after such
recipient has been given reasonable notice and an opportunity
to show cause why future payments or authority to obligate
Federal funds should not be suspended.
``(C) Substantial noncompliance.--Notwithstanding
subparagraph (B), at any time that the Secretary determines
that a State is not in substantial compliance with any
provision of this part or that there is a substantial failure
to comply with any condition of a local agency's or State
agency's eligibility under this part, the Secretary shall
take 1 or more of the following actions:
``(i) Request that the State prepare a corrective action
plan or improvement plan if the Secretary determines that the
State should be able to correct the problem within 1 year.
``(ii) Identify the State as a high-risk grantee and impose
special conditions on the State's grant under this part.
``(iii) Require the State to enter into a compliance
agreement under section 457 of the General Education
Provisions Act, if the Secretary has reason to believe that
the State cannot correct the problem within 1 year.
``(iv) Recovery of funds under section 452 of the General
Education Provisions Act.
``(v) After providing reasonable notice and an opportunity
for a hearing to the State educational agency involved,
withhold, in whole or in part, any further payments to the
State under this part.
``(vi) After providing reasonable notice and an opportunity
for a hearing to the State educational agency involved, refer
the matter for appropriate enforcement action, which may
include referral to the Department of Justice.
``(vii) Pending the outcome of any hearing to withhold
payments under clause (v), the Secretary may suspend payments
to a recipient, suspend the authority of the recipient to
obligate Federal funds, or both, after such recipient has
been given reasonable notice and an opportunity to show cause
why future payments or authority to obligate Federal funds
should not be suspended.
``(3) Egregious noncompliance.--At any time that the
Secretary determines that a State is in egregious
noncompliance or is willfully disregarding the provisions of
this Act, the Secretary shall take such additional
enforcement actions as the Secretary determines to be
appropriate from among those actions specified in paragraph
(2)(C), and, additionally, may impose 1 or more of the
following sanctions upon that State:
``(A) Institute a cease and desist action under section 456
of the General Education Provisions Act.
``(B) Refer the case to the Office of the Inspector
General.
``(4) Report to congress.--The Secretary shall report to
Congress within 30 days of taking enforcement action pursuant
to paragraph (2) (B) or (C), or (3), on the specific action
taken and the reasons why enforcement action was taken.
``(5) Nature of withholding.--If the Secretary withholds
further payments under paragraphs (2)(B)(ii) and (2)(C)(v),
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 make satisfactory progress as specified
in paragraph (2)(B), or to comply with the provisions of this
part, as specified in paragraph (2)(C), 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 (2)(B) or (2)(C) 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.
``(6) Judicial review.--
``(A) 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.
``(B) 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.
``(C) 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.
``(d) 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 that--
``(1) any reduction or withholding of payments to the State
shall be 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.
``(e) State and Local Monitoring.--
``(1) In general.--The State educational agency shall
monitor and enforce implementation of this Act, implement a
system of monitoring the benchmarks in the State's compliance
plan under subsection (b)(2)(C), and require local
educational agencies to monitor and enforce implementation of
this Act.
``(2) Additional enforcement options.--If a State
educational agency determines that a local educational agency
is not meeting the requirements of this part, including the
benchmarks in the State's compliance plan, the State
educational agency shall prohibit the local educational
agency from treating funds received under this part as local
funds under section 613(a)(2)(C) for any fiscal year.
``SEC. 617. ADMINISTRATION.
``(a) Responsibilities of Secretary.--The Secretary shall--
``(1) cooperate with, and (directly or by grant or
contract) furnish technical assistance necessary to, a 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) Confidentiality.--The Secretary shall take
appropriate action, in accordance with 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 this part.
``(c) 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
664, 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 not more than 20 such
personnel shall be employed at any 1 time.
[[Page S5433]]
``(d) Model Forms.--Not later than the date that the
Secretary publishes final regulations under this Act, to
implement amendments made by the Individuals with
Disabilities Education Improvement Act of 2004, the Secretary
shall publish and disseminate widely to States, local
educational agencies, and parent and community training and
information centers--
``(1) a model IEP form;
``(2) a model individualized family service plan (IFSP)
form;
``(3) a model form of the notice of procedural safeguards
described in section 615(d); and
``(4) a model form of the prior written notice described in
section 615 (b)(3) and (c)(1) that is consistent with the
requirements of this part and is sufficient to meet such
requirements.
``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 of Education and the
public on--
``(1)(A) the number and percentage of children with
disabilities, by race, ethnicity, limited English proficiency
status, gender, and disability category, who are receiving a
free appropriate public education;
``(B) the number and percentage of children with
disabilities, by race, gender, and ethnicity, who are
receiving early intervention services;
``(C) the number and percentage of children with
disabilities, by race, ethnicity, limited English proficiency
status, gender, and disability category, who are
participating in regular education;
``(D) the number and percentage of children with
disabilities, by race, ethnicity, limited English proficiency
status, gender, and disability category, who are in separate
classes, separate schools or facilities, or public or private
residential facilities;
``(E) the number and percentage of children with
disabilities, by race, ethnicity, limited English proficiency
status, gender, and disability category, who, for each year
of age from age 14 through 21, stopped receiving special
education and related services because of program completion
(including graduation with a regular secondary school
diploma), or other reasons, and the reasons why those
children stopped receiving special education and related
services;
``(F) the number and percentage of children with
disabilities, by race, gender, and ethnicity, who, from birth
through age 2, stopped receiving early intervention services
because of program completion or for other reasons;
``(G)(i) the number and percentage of children with
disabilities, by race, ethnicity, limited English proficiency
status, gender, and disability category, who are removed to
an interim alternative educational setting under section
615(k)(1);
``(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;
``(H) the incidence and duration of disciplinary actions by
race, ethnicity, limited English proficiency status, gender,
and disability category, of children with disabilities,
including suspensions of 1 day or more;
``(I) the number and percentage of children with
disabilities who are removed to alternative educational
settings or expelled as compared to children without
disabilities who are removed to alternative educational
settings or expelled;
``(J) the number of due process complaints filed under
section 615 and the number of hearings conducted;
``(K) the number of hearings requested under section 615(k)
and the number of changes in placements ordered as a result
of those hearings;
``(L) the number of hearings requested under section
615(k)(3)(B)(ii) and the number of changes in placements
ordered as a result of those hearings; and
``(M) the number of mediations held and the number of
settlement agreements reached through such mediations;
``(2) the number and percentage of infants and toddlers, by
race, and ethnicity, who are at risk of having substantial
developmental delays (as defined in section 632), and who are
receiving early intervention services under part C; and
``(3) any other information that may be required by the
Secretary.
``(b) Data Reporting.--The data described in subsection (a)
shall be reported by each State at the school district and
State level in a manner that does not result in the
disclosure of data identifiable to individual children.
``(c) Technical Assistance.--The Secretary may provide
technical assistance to States to ensure compliance with the
data collection and reporting requirements under this Act.
``(d) 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);
``(B) the placement in particular educational settings of
such children; and
``(C) the incidence, duration, and type of disciplinary
actions, including suspensions and expulsions.
``(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 through 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.--The Secretary shall allocate the amount
made available to carry out this section for a fiscal year
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) Allocation.--
``(i) In general.--Except as provided in subparagraph (B),
the Secretary shall--
``(I) allocate to each State the amount the State received
under this section for fiscal year 1997;
``(II) allocate 85 percent of any remaining funds to States
on the basis of the States' relative populations of children
aged 3 through 5; and
``(III) allocate 15 percent of those remaining funds to
States on the basis of the States' relative populations of
all children aged 3 through 5 who are living in poverty.
``(ii) Data.--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) Limitations.--Notwithstanding subparagraph (A),
allocations under this paragraph shall be subject to the
following:
``(i) Preceding years.--No State's allocation shall be less
than its allocation under this section for the preceding
fiscal year.
``(ii) Minimum.--No State's allocation shall be less than
the greatest of--
``(I) the sum of--
``(aa) the amount the State received under this section for
fiscal year 1997; and
``(bb) \1/3\ of 1 percent of the amount by which the amount
appropriated under subsection (j) for the fiscal year exceeds
the amount appropriated for this section for fiscal year
1997;
``(II) the sum of--
``(aa) the amount the State received under this section for
the preceding fiscal year; and
``(bb) that amount multiplied by the percentage by which
the increase in the funds appropriated under this section
from the preceding fiscal year exceeds 1.5 percent; or
``(III) the sum of--
``(aa) the amount the State received under this section for
the preceding fiscal year; and
``(bb) that amount multiplied by 90 percent of the
percentage increase in the amount appropriated under this
section from the preceding fiscal year.
``(iii) Maximum.--Notwithstanding clause (ii), no State's
allocation under this paragraph shall exceed the sum of--
``(I) the amount the State received under this section 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 under this
section from the preceding fiscal year.
``(C) Ratable reductions.--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) Allocations.--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 the State received under this section for
fiscal year 1997; and
``(ii) an amount that bears the same relation to any
remaining funds as the increase the State received under this
section 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 under this
paragraph is equal to or less than the amount allocated under
this section to the States for fiscal year 1997, each State
shall be allocated the amount the State received for that
year, ratably reduced, if necessary.
``(d) Reservation for State Activities.--
``(1) In general.--Each State may reserve 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--
[[Page S5434]]
``(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 the State may reserve 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 the State reserves 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) for activities at the State and local levels to meet
the performance goals established by the State under section
612(a)(15);
``(4) 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 more than 1
percent of the amount received by the State under this
section for a fiscal year; or
``(5) to provide early intervention services (which shall
include an educational component that promotes school
readiness and incorporates pre-literacy, language, and
numeracy skills) in accordance with part C to children with
disabilities who are eligible for services under this section
and who previously received services under part C until such
children enter, or are eligible under State law to enter,
kindergarten.
``(g) Subgrants to Local Educational Agencies.--
``(1) Subgrants required.--Each State that receives a grant
under this section for any fiscal year shall distribute all
of the grant funds that the State 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
local educational 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 such
section was 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
local educational agencies on the basis of the relative
numbers of children enrolled in public and private elementary
schools and secondary schools within the local educational
agency's jurisdiction; and
``(ii) allocate 15 percent of those remaining funds to
those local educational 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 3 through 5 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 section that are not needed by that local
educational 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 3
through 5 residing in the areas the other local educational
agencies 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 such sums as may be necessary.
``PART C--INFANTS AND TODDLERS WITH DISABILITIES
``SEC. 631. FINDINGS AND POLICY.
``(a) Findings.--Congress finds that there is an urgent and
substantial need--
``(1) to enhance the development of infants and toddlers
with disabilities, to minimize their potential for
developmental delay, and to recognize the significant brain
development which occurs during a child's first 3 years of
life;
``(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 maximize the potential for individuals with
disabilities to live independently 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 all children, particularly minority, low-income,
inner city, and rural children, and infants and toddlers in
foster care.
``(b) Policy.--It is 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 State capacity to provide high 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 1 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 the services
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,
and sign language and cued language 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) teachers of the deaf;
``(iv) occupational therapists;
``(v) physical therapists;
``(vi) psychologists;
``(vii) social workers;
``(viii) nurses;
``(ix) nutritionists;
``(x) family therapists;
``(xi) orientation and mobility specialists;
``(xii) vision specialists, including opthamologists and
optometrists; and
``(xiii) 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 1 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--
``(i) at-risk infants and toddlers; and
``(ii) children with disabilities who are eligible for
services under section 619 and who previously received
services under this part until such children enter, or are
eligible under State law to enter, kindergarten.
[[Page S5435]]
``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, infants or toddlers with disabilities
who are homeless children, infants or toddlers with
disabilities who are wards of the State, and infants or
toddlers with disabilities who have a parent who is a member
of the Armed Forces, including a member of the National Guard
or Reserves; 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--
``(A) will be used by the State in carrying out programs
under this part; and
``(B) covers, at a minimum, all infants and toddlers with--
``(i) a developmental delay of 35 percent or more in 1 of
the developmental areas described in section 632(5)(A)(i); or
``(ii) a developmental delay of 25 percent or more in 2 or
more of the developmental areas described in section
632(5)(A)(i).
``(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, physicians,
homeless family shelters, medicaid and State child health
insurance program enrollment offices, health and mental
health clinics, public schools in low-income areas serving
low-income children, staff in State and local child welfare
agencies, judges, and base commanders or their designees, 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 that 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 with respect to the basic
components of early intervention services available in the
State, which comprehensive system may include--
``(A) implementing innovative strategies and activities for
the recruitment and retention of early education service
providers;
``(B) promoting the preparation of early intervention
providers who are fully and appropriately qualified to
provide early intervention services under this part;
``(C) training personnel to work in rural and inner-city
areas; and
``(D) training personnel to coordinate transition services
for infants and toddlers served under this part from an early
intervention program under this part to preschool or other
appropriate services.
``(9) 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 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, except that nothing in this part
(including this paragraph) shall be construed to prohibit the
use of paraprofessionals and assistants who are appropriately
trained and supervised in accordance with State law,
regulation, or written policy, to assist in the provision of
early intervention services under this part to infants and
toddlers with disabilities.
``(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) to the maximum extent appropriate,
early intervention services are provided in natural
environments unless a specific outcome cannot be met
satisfactorily for the infant or toddler in a natural
environment.
``(17) A procedure to ensure that early intervention
services and evaluations are available to infants or toddlers
with disabilities who are--
``(A) homeless children; and
``(B) wards of the State or in foster care, or both.
``(b) Flexibility To Serve Children 3 Years of Age to Under
6 Years of Age.--
``(1) In general.--A statewide system described in section
633 may include a State policy, developed and implemented
jointly by the lead agency and the State educational agency,
under which parents of children with disabilities who are
eligible for services under section 619 and previously
received services under this part, may choose the
continuation of early intervention services (which shall
include an educational component that promotes school
readiness and incorporates preliteracy, language, and
numeracy skills) for such children under this part until such
children enter, or are eligible under State law to enter,
kindergarten.
``(2) Requirements.--If a statewide system includes a State
policy described in paragraph (1), the statewide system shall
ensure--
``(A) that parents of infants or toddlers with disabilities
(as defined in section 632(5)(A)) provide informed written
consent to the State, before such infants and toddlers reach
3 years of age, as to whether such parents intend to choose
the continuation of early intervention services pursuant to
this subsection for such infants or toddlers;
``(B) that the State policy will not affect the right of
any child served pursuant to this subsection to instead
receive a free appropriate public education under part B;
``(C) that parents of children served pursuant to this
subsection are provided with annual notice--
``(i) of such parents' right to elect services pursuant to
this subsection or under part B; and
``(ii) fully explaining the differences between receiving
services pursuant to this subsection and receiving services
under part B, including--
``(I) the types of services available under both
provisions;
``(II) applicable procedural safeguards under both
provisions, including due-process protections and mediation
or other dispute resolution options; and
``(III) the possible costs, if any (including any fees to
be charged to families as described in section 632(4)(B)) to
parents under both provisions;
``(D) that the conference under section
637(a)(9)(A)(ii)(II), the review under section 637(a)(9)(B),
and the establishment of a transition plan under section
637(a)(9)(C) occur not less than 90 days (and at the
discretion of the parties to the conference, not more than 9
months) before each of the following:
``(i) the time the child will first be eligible for
services under part B, including under section 619; and
``(ii) if the child is receiving services in accordance
with this subsection, the time the child will no longer
receive those services;
``(E) the continuance of all early intervention services
outlined in the child's individualized family service plan
under section 636 while any eligibility determination is
being made for services under this subsection;
``(F) that services provided pursuant to this subsection
include an educational component that promotes school
readiness and incorporates preliteracy, language, and
numeracy skills and
[[Page S5436]]
are provided in accordance with an individualized family
service plan under section 636; and
``(G) the referral for evaluation for early intervention
services of a child below the age of 3 who experiences a
substantiated case of exposure to violence or trauma.
``(3) Reporting requirement.--If a statewide system
includes a State policy described in paragraph (1), the State
shall submit to the Secretary, in the State's report under
section 637(b)(4)(A), a report on--
``(A) the percentage of children with disabilities who are
eligible for services under section 619 but whose parents
choose for such children to continue to receive early
intervention services under this part; and
``(B) the number of children who are eligible for services
under section 619 who instead continue to receive early
intervention services under this part.
``(4) Rule of construction.--Nothing in this subsection
shall be construed to require a provider of services under
this part to provide a child served under this part with a
free appropriate public education.
``(5) Available funds.--If a statewide system includes a
State policy described in paragraph (1), the policy shall
describe the funds (including an identification as Federal,
State, or local funds) that will be used to ensure that the
option described in paragraph (1) is available to eligible
children and families who provide the consent described in
paragraph (2)(A), including fees to be charged to families as
described in section 632(4)(B).
``(c) Construction.--Nothing in subsection (a)(5) shall be
construed to alter the responsibility of a State under title
XIX of the Social Security Act with respect to early and
periodic screening, diagnostic, and treatment services (as
defined in section 1905(r) of such Act).
``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), including a description of the
appropriate transition services for the child.
``(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 measurable outcomes expected to be
achieved for the infant or toddler and the family, including,
as appropriate, preliteracy and language skills, 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 will 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 length, duration, and frequency 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, including
transition services; 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 only 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 certification to the Secretary that the
arrangements to establish financial responsibility for
services provided under this part pursuant to section 640(b)
are current as of the date of submission of the
certification;
``(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 State policies and procedures
that require the referral for evaluation for early
intervention services of a child under the age of 3 who--
``(A) is involved in a substantiated case of child abuse or
neglect; or
``(B) is identified as affected by illegal substance abuse,
or withdrawal symptoms resulting from prenatal drug exposure;
``(7) a description of the procedure used to ensure that
resources are made available under this part for all
geographic areas within the State;
``(8) 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;
``(9) 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 (and children
receiving those services under section 635(b)) to preschool,
other appropriate services, or exiting the program, including
a description of how--
``(i) the families of such toddlers and children will be
included in the transition plans required by subparagraph
(C); and
``(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, not more than 9
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, including, as
appropriate, steps to exit from the program; and
``(10) such other information and assurances as the
Secretary may reasonably require.
``(11) a description of policies and procedures to ensure
that infants or toddlers with disabilities who are homeless
children and their families and infants or toddlers with
disabilities who are wards of the State have access to
multidisciplinary evaluations and early intervention
services.
``(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 reports and affording such access to the
reports as the Secretary may find necessary to ensure the
correctness and verification of the 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
[[Page S5437]]
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, homeless, and rural families and children with
disabilities who are wards of the State, 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
C, as in effect before the date of enactment of the
Individuals with Disabilities Education Improvement Act of
2004, 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;
``(4) with the written consent of the parents, to continue
to provide early intervention services under this part to
children with disabilities from their 3rd birthday to the
beginning of the following school year, in lieu of a free
appropriate public education provided in accordance with part
B; and
``(5) 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, 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 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) Obligations Related to and Methods of Ensuring
Services.--
``(1) Establishing financial responsibility for services.--
``(A) In general.--The Chief Executive Officer of a State
or designee of the officer shall ensure that an interagency
agreement or other mechanism for interagency coordination is
in effect between each public agency and the State
educational agency, in order to ensure--
``(i) the provision of, and financial responsibility for,
services provided under this part; and
``(ii) such services are consistent with the requirements
of section 635 and the State's application pursuant to
section 637, including the provision of such services during
the pendency of any dispute.
``(B) Consistency between agreements or mechanisms under
parts b and d.--The Chief Executive Officer of a State or
designee of the officer shall ensure that the terms and
conditions of such agreement or mechanism are consistent with
the terms and conditions of the State's agreement or
mechanism under section 612(a)(12).
``(2) Reimbursement for services by public agency.--
``(A) In general.--If a public agency other than an
educational agency fails to provide or pay for the services
pursuant to an agreement required under paragraph (1) the
local educational agency or State agency (as determined by
the Chief Executive Officer or designee) shall provide or pay
for the provision of such services to the child.
``(B) Reimbursement.--Such local educational agency or
State agency is authorized to 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
required under paragraph (1).
``(3) Special rule.--The requirements of paragraph (1) may
be met through--
``(A) State statute or regulation;
``(B) signed agreements between respective agency officials
that clearly identify the responsibilities of each agency
relating to the provision of services; or
``(C) other appropriate written methods as determined by
the Chief Executive Officer of the State or designee of the
officer and approved by the Secretary through the review and
approval of the State's application pursuant to section 637.
``(c) Reduction of Other Benefits.--Nothing in this part
shall be construed to permit the
[[Page S5438]]
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 1 such member shall be a parent of an
infant or toddler with a disability or a child with a
disability aged 6 or younger, not less than one other member
shall be a foster parent of a child with a disability, not
less than one other member shall be a grandparent or other
relative acting in the place of a natural or adoptive parent
of a child with a disability, and not less than 1 other
member shall be a representative of children with
disabilities in military families.
``(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 1 member shall be from
the State legislature.
``(D) Personnel preparation.--At least 1 member shall be
involved in personnel preparation.
``(E) Agency for early intervention services.--At least 1
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 1 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) State medicaid agency.--At least 1 member shall be
from the agency responsible for the State medicaid program.
``(H) Head start agency.--At least 1 representative from a
Head Start agency or program in the State.
``(I) Child care agency.--At least 1 representative from a
State agency responsible for child care.
``(J) Agency for health insurance.--At least 1 member shall
be from the agency responsible for the State regulation of
health insurance.
``(K) Office of the coordinator of education of homeless
children and youth.--Not less than 1 representative
designated by the Office of Coordinator for Education of
Homeless Children and Youths.
``(L) State child welfare agency.--Not less than 1
representative from the State child welfare agency
responsible for foster care.
``(M) Representative of foster children.--Not less than 1
individual who represents the interests of children in foster
care and understands such children's education needs, such as
an attorney for children in foster care, a guardian ad litem,
a court appointed special advocate, a judge, or an education
surrogate for children in foster 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 the council determines 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 is likely to provide a 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 not
more than 1 percent for payments to Guam, American Samoa, the
United States 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 schools 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(h)(3)(E). The Secretary of
Education may require any additional information from the
Secretary of the Interior.
[[Page S5439]]
``(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) and
(3), from the funds remaining for each fiscal year after the
reservation and payments under subsections (a), (b), and (e),
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 paragraph
(3), no State shall receive an amount under this section for
any fiscal year that is less than the greater of--
``(A) \1/2\ of 1 percent of the remaining amount described
in paragraph (1); or
``(B) $500,000.
``(3) 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 the allotments were
reduced.
``(4) 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.
``(e) Reservation for State Bonus Grants.--The Secretary
shall reserve 10 percent of the amount by which the amount
appropriated under section 644 for any fiscal year exceeds
$434,159,000 to make allotments to States that are carrying
out the policy described in section 635(b), in accordance
with the formula described in subsection (c)(1) without
regard to subsections (c) (2) and (3).
``SEC. 644. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are
authorized to be appropriated such sums as may be necessary
for each of the fiscal years 2004 through 2009.
``PART D--NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH
DISABILITIES
``SEC. 650. FINDINGS.
``Congress finds the following:
``(1) The Federal Government has an ongoing obligation to
support activities that contribute to positive results for
children with disabilities, enabling them to lead productive
and independent adult lives.
``(2) Systemic change benefiting all students, including
children with disabilities, requires the involvement of
States, local educational agencies, parents, individuals with
disabilities and their families, teachers and other service
providers, and other interested individuals and organizations
to develop and implement comprehensive strategies that
improve educational results for children with disabilities.
``(3) State educational agencies, in partnership with local
educational agencies, parents of children with disabilities,
and other individuals and organizations, are in the best
position to improve education for children with disabilities
and to address their special needs.
``(4) An effective educational system serving students with
disabilities should--
``(A) maintain high academic achievement 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 all children with disabilities have the opportunity to
achieve those standards and goals;
``(B) clearly define, in objective, measurable terms, the
school and post-school results that children with
disabilities are expected to achieve; and
``(C) promote transition services and coordinate 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 need
significant levels of support to participate and learn in
school and the community.
``(5) The availability of an adequate number of qualified
personnel is critical to serve effectively children with
disabilities, to assume leadership positions in
administration and direct services, to provide teacher
training, and to conduct high quality research to improve
special education.
``(6) High quality, comprehensive professional development
programs are essential to ensure that the persons responsible
for the education or transition of children with disabilities
possess the skills and knowledge necessary to address the
educational and related needs of those children.
``(7) Models of professional development should be
scientifically based and reflect successful practices,
including strategies for recruiting, preparing, and retaining
personnel.
``(8) Continued support is essential for the development
and maintenance of a coordinated and high quality program of
research to inform successful teaching practices and model
curricula for educating children with disabilities.
``(9) A comprehensive research agenda should be established
and pursued to promote the highest quality and rigor in
special education research, and to address the full range of
issues facing children with disabilities, parents of children
with disabilities, school personnel, and others.
``(10) Training, technical assistance, support, and
dissemination activities are necessary to ensure that parts B
and C are fully implemented and achieve high quality early
intervention, educational, and transitional results for
children with disabilities and their families.
``(11) 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.
``(12) Parent training and information activities assist
parents of a child with a disability in dealing with the
multiple pressures of parenting such a child and are of
particular importance in--
``(A) playing a vital role in creating and preserving
constructive relationships between parents of children with
disabilities and schools by facilitating open communication
between the parents and schools; encouraging dispute
resolution at the earliest possible point in time; and
discouraging the escalation of an adversarial process between
the parents and schools;
``(B) ensuring the involvement of parents in planning and
decisionmaking with respect to early intervention,
educational, and transitional services;
``(C) achieving high quality early intervention,
educational, and transitional results for children with
disabilities;
``(D) providing such parents information on their rights,
protections, and responsibilities under this Act to ensure
improved early intervention, educational, and transitional
results for children with disabilities;
``(E) 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
673(b)(6);
``(F) 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; and
``(G) supporting such parents who may have limited access
to services and supports, due to economic, cultural, or
linguistic barriers.
``(13) Support is needed to improve technological resources
and integrate technology, including universally designed
technologies, into the lives of children with disabilities,
parents of children with disabilities, school personnel, and
others through curricula, services, and assistive
technologies.
``Subpart 1--State Personnel Preparation and Professional Development
Grants
``SEC. 651. PURPOSE; DEFINITION; PROGRAM AUTHORITY.
``(a) Purpose.--The purpose of this subpart is to assist
State educational agencies in reforming and improving their
systems for personnel preparation and professional
development in early intervention, educational, and
transition services in order to improve results for children
with disabilities.
``(b) Definition.--In this subpart, the term `personnel'
means special education teachers, regular education teachers,
principals, administrators, related services personnel,
paraprofessionals, and early intervention personnel serving
infants, toddlers, preschoolers, or children with
disabilities, except where a particular category of
personnel, such as related services personnel, is identified.
``(c) Competitive Grants.--
``(1) In general.--Except as provided in subsection (d),
for any fiscal year for which the amount appropriated under
section 655, that remains after the Secretary reserves funds
under subsection (e) for the fiscal year, is less than
$100,000,000, the Secretary shall award grants, on a
competitive basis, to State educational agencies to carry out
the activities described in the State plan submitted under
section 653.
``(2) Priority.--In awarding grants under paragraph (1),
the Secretary may give priority to State educational agencies
that--
``(A) are in States with the greatest personnel shortages;
or
``(B) demonstrate the greatest difficulty meeting the
requirements of section 612(a)(14).
``(3) Minimum.--The Secretary shall make a grant to each
State educational agency selected under paragraph (1) in an
amount for each fiscal year that is--
``(A) not less than $500,000, nor more than $4,000,000, in
the case of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico; and
``(B) not less than $80,000 in the case of an outlying
area.
``(4) Increases.--The Secretary may increase the amounts
under in paragraph (3) to account for inflation.
``(5) Factors.--The Secretary shall set the amount of each
grant under paragraph (1) after considering--
``(A) the amount of funds available for making the grants;
``(B) the relative population of the State or outlying
area;
``(C) the types of activities proposed by the State or
outlying area;
``(D) the alignment of proposed activities with section
612(a)(14);
``(E) the alignment of proposed activities with the State
plans and applications submitted under sections 1111 and
2112, respectively, of the Elementary and Secondary Education
Act of 1965; and
``(F) the use, as appropriate, of scientifically based
activities.
``(d) Formula Grants.--
[[Page S5440]]
``(1) In general.--Except as provided in paragraphs (2) and
(3), for the first fiscal year for which the amount
appropriated under section 655, that remains after the
Secretary reserves funds under subsection (e) for the fiscal
year, is equal to or greater than $100,000,000, and for each
fiscal year thereafter, the Secretary shall allot to each
State educational agency, whose application meets the
requirements of this subpart, an amount that bears the same
relation to the amount appropriated as the amount the State
received under section 611(d) for that fiscal year bears to
the amount of funds received by all States (whose
applications meet the requirements of this subpart) under
section 611(d) for that fiscal year.
``(2) Minimum allotments for states that received
competitive grants.--
``(A) In general.--The amount allotted under this
subsection to any State that received a competitive multi-
year grant under subsection (c) for which the grant period
has not expired shall be at least the amount specified for
that fiscal year in the State's grant award document under
that subsection.
``(B) Special rule.--Each such State shall use the minimum
amount described in subparagraph (A) for the activities
described in its competitive grant award document for that
year, unless the Secretary approves a request from the State
to spend the funds on other activities.
``(3) Minimum allotment.--The amount of any State
educational agency's allotment under this subsection for any
fiscal year shall not be less than--
``(A) the greater of $500,000 or \1/2\ of 1 percent of the
total amount available under this subsection for that year,
in the case of each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico; and
``(B) $80,000, in the case of an outlying area.
``(e) Continuation Awards.--
``(1) In general.--Notwithstanding any other provision of
this subpart, from funds appropriated under section 655 for
each fiscal year, the Secretary shall reserve the amount that
is necessary to make a continuation award to any State (at
the request of the State) that received a multi-year award
under this part (as this part was in effect on the day before
the date of enactment of the Individuals with Disabilities
Education Improvement Act of 2004), to enable the State to
carry out activities in accordance with the terms of the
multi-year award.
``(2) Prohibition.--A State that receives a continuation
award under paragraph (1) for any fiscal year may not receive
any other award under this subpart for that fiscal year.
``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) In general.--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, including
institutions of higher education and the State agencies
responsible for administering part C, child care, and
vocational rehabilitation programs.
``(2) 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, which may include--
``(A) the Governor;
``(B) parents of children with disabilities ages birth
through 26;
``(C) parents of nondisabled children ages birth through
26;
``(D) individuals with disabilities;
``(E) parent training and information centers or community
parent resource centers funded under sections 671 and 672,
respectively;
``(F) community based and other nonprofit organizations
involved in the education and employment of individuals with
disabilities;
``(G) personnel as defined in section 651(b);
``(H) the State advisory panel established under part B;
``(I) the State interagency coordinating council
established under part C;
``(J) individuals knowledgeable about vocational education;
``(K) the State agency for higher education;
``(L) public agencies with jurisdiction in the areas of
health, mental health, social services, and juvenile justice;
``(M) other providers of professional development that work
with infants, toddlers, preschoolers, and children with
disabilities; and
``(N) other individuals.
``(3) Required partner.--If State law assigns
responsibility for teacher preparation and certification to
an individual, entity, or agency other than the State
educational agency, the State educational agency shall--
``(A) include that individual, entity, or agency as a
partner in the partnership under this subsection; and
``(B) ensure that any activities the State will carry out
under this subpart that are within that partner's
jurisdiction (which may include activities described in
section 654(b)) are carried out by that partner.
``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 plan.--The application shall include a plan
that identifies and addresses the State and local needs for
the personnel preparation and professional development of
personnel, as well as individuals who provide direct
supplementary aids and services to children with
disabilities, and that--
``(A) is designed to enable the State to meet the
requirements of section 612(a)(14) and section 635(a) (8) and
(9);
``(B) is based on an assessment of State and local needs
that identifies critical aspects and areas in need of
improvement related to the preparation, ongoing training, and
professional development of personnel that serve infants,
toddlers, preschoolers, and children with disabilities within
the State, including--
``(i) current and anticipated personnel vacancies and
shortages; and
``(ii) the number of preservice programs; and
``(C) is integrated and aligned, to the maximum extent
possible, with State plans and activities under the
Elementary and Secondary Education Act of 1965, the
Rehabilitation Act of 1973, and the Higher Education Act of
1965.
``(3) Requirement.--The State application shall contain an
assurance that the State educational agency will carry out
each of the strategies described in subsection (b)(4).
``(b) Elements of State Personnel Preparation and
Professional Development Plan.--Each professional development
plan under subsection (a)(2) shall--
``(1) describe a partnership agreement that is in effect
for the period of the grant, which agreement shall specify--
``(A) the nature and extent of the partnership described in
section 652(b) and the respective roles of each member of the
partnership, including the partner described in section
652(b)(3) if applicable; and
``(B) how the State will work with other persons and
organizations involved in, and concerned with, the education
of children with disabilities, including the respective roles
of each of the persons and organizations;
``(2) describe how the strategies and activities described
in paragraph (4) will be coordinated with other public
resources (including part B and part C funds retained for use
at the State level for personnel and professional development
purposes) and private resources;
``(3) describe how the State will align its professional
development plan under this subpart with the plan and
application submitted under sections 1111 and 2112,
respectively, of the Elementary and Secondary Education Act
of 1965;
``(4) describe what strategies the State will use to
address the professional development and personnel needs
identified under subsection (a)(2) and how those strategies
will be implemented, including--
``(A) a description of the preservice and inservice
programs and activities to be supported under this subpart
that will provide personnel with the knowledge and skills to
meet the needs of, and improve the performance and
achievement of, infants, toddlers, preschoolers, and children
with disabilities; and
``(B) how such strategies shall be integrated, to the
maximum extent possible, with other activities supported by
grants funded under this part, including those under section
664;
``(5) provide an assurance that the State will provide
technical assistance to local educational agencies to improve
the quality of professional development available to meet the
needs of personnel who serve children with disabilities;
``(6) provide an assurance that the State will provide
technical assistance to entities that provide services to
infants and toddlers with disabilities to improve the quality
of professional development available to meet the needs of
personnel serving such children;
``(7) describe how the State will recruit and retain highly
qualified teachers and other qualified personnel in
geographic areas of greatest need;
``(8) describe the steps the State will take to ensure that
poor and minority children are not taught at higher rates by
teachers who are not highly qualified; and
``(9) describe how the State will assess, on a regular
basis, the extent to which the strategies implemented under
this subpart have been effective in meeting the performance
goals described in section 612(a)(15).
``(c) 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 for grants
under section 651(c)(1).
``(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.
``(d) Reporting Procedures.--Each State educational agency
that receives a grant under this subpart shall submit annual
performance reports to the Secretary. The reports shall
describe the progress of the State in implementing its plan
and analyze the effectiveness of the State's activities under
this subpart.
``SEC. 654. USE OF FUNDS.
``(a) Professional Development Activities.--A State
educational agency that receives a grant under this subpart
shall use the grant funds to support activities in accordance
with the State's plan described in section 653, including 1
or more of the following:
``(1) Carrying out programs that provide support to both
special education and regular education teachers of children
with disabilities and principals, such as programs that--
``(A) provide teacher mentoring, team teaching, reduced
class schedules and case loads, and intensive professional
development;
[[Page S5441]]
``(B) use standards or assessments for guiding beginning
teachers that are consistent with challenging State student
academic achievement and functional standards and with the
requirements for professional development as defined in
section 9101(34) of the Elementary and Secondary Education
Act of 1965; and
``(C) encourage collaborative and consultative models of
providing early intervention, special education, and related
services.
``(2) Encouraging and supporting the training of special
education and regular education teachers and administrators
to effectively use and integrate technology--
``(A) into curricula and instruction, including training to
improve the ability to collect, manage, and analyze data to
improve teaching, decisionmaking, school improvement efforts,
and accountability;
``(B) to enhance learning by children with disabilities;
and
``(C) to effectively communicate with parents.
``(3) Providing professional development activities that--
``(A) improve the knowledge of special education and
regular education teachers concerning--
``(i) the academic and developmental or functional needs of
students with disabilities; or
``(ii) effective instructional strategies, methods, and
skills, and the use of State academic content standards and
student academic achievement and functional standards, and
State assessments, to improve teaching practices and student
academic achievement;
``(B) improve the knowledge of special education and
regular education teachers and principals and, in appropriate
cases, paraprofessionals, concerning effective instructional
practices and that--
``(i) provide training in how to teach and address the
needs of children with different learning styles and children
with limited English proficiency;
``(ii) involve collaborative groups of teachers,
administrators, and, in appropriate cases, related services
personnel;
``(iii) provide training in methods of--
``(I) positive behavioral interventions and supports to
improve student behavior in the classroom;
``(II) scientifically based reading instruction, including
early literacy instruction;
``(III) early and appropriate interventions to identify and
help children with disabilities;
``(IV) effective instruction for children with low
incidence disabilities;
``(V) successful transitioning to postsecondary
opportunities; and
``(VI) using classroom-based techniques to assist children
prior to referral for special education;
``(iv) provide training to enable personnel to work with
and involve parents in their child's education, including
parents of low income and limited English proficient children
with disabilities;
``(v) provide training for special education personnel and
regular education personnel in planning, developing, and
implementing effective and appropriate IEPs; and
``(vi) provide training to meet the needs of students with
significant health, mobility, or behavioral needs prior to
serving such students;
``(C) train administrators, principals, and other relevant
school personnel in conducting effective IEP meetings; and
``(D) Train early intervention, preschool, and related
services providers, and other relevant school personnel, in
conducting effective individualized family service plan
(IFSP) meetings.
``(4) Developing and implementing initiatives to promote
the recruitment and retention of highly qualified special
education teachers, particularly initiatives that have been
proven effective in recruitment and retaining highly
qualified teachers, including programs that provide--
``(A) teacher mentoring from exemplary special education
teachers, principals, or superintendents;
``(B) induction and support for special education teachers
during their first 3 years of employment as teachers; or
``(C) incentives, including financial incentives, to retain
special education teachers who have a record of success in
helping students with disabilities.
``(5) Carrying out programs and activities that are
designed to improve the quality of personnel who serve
children with disabilities, such as--
``(A) innovative professional development programs (which
may be provided through partnerships that include
institutions of higher education), including programs that
train teachers and principals to integrate technology into
curricula and instruction to improve teaching, learning, and
technology literacy, which professional development shall be
consistent with the definition of professional development in
section 9101(34) of the Elementary and Secondary Education
Act of 1965; and
``(B) the development and use of proven, cost effective
strategies for the implementation of professional development
activities, such as through the use of technology and
distance learning.
``(6) Carrying out programs and activities that are
designed to improve the quality of early intervention
personnel, including paraprofessionals and primary referral
sources, such as--
``(A) professional development programs to improve the
delivery of early intervention services;
``(B) initiatives to promote the recruitment and retention
of early intervention personnel; and
``(C) interagency activities to ensure that personnel are
adequately prepared and trained.
``(b) Other Activities.--A State educational agency that
receives a grant under this subpart shall use the grant funds
to support activities in accordance with the State's plan
described in section 653, including 1 or more of the
following:
``(1) Reforming special education and regular education
teacher certification (including recertification) or
licensing requirements to ensure that--
``(A) special education and regular education teachers
have--
``(i) the training and information necessary to address the
full range of needs of children with disabilities across
disability categories; and
``(ii) the necessary subject matter knowledge and teaching
skills in the academic subjects that they teach;
``(B) special education and regular education teacher
certification (including recertification) or licensing
requirements are aligned with challenging State academic
content standards; and
``(C) special education and regular education teachers have
the subject matter knowledge and teaching skills, including
technology literacy, necessary to help students with
disabilities meet challenging State student academic
achievement and functional standards.
``(2) Programs that establish, expand, or improve
alternative routes for State certification of special
education teachers for highly qualified individuals with a
baccalaureate or master's degree, including mid-career
professionals from other occupations, paraprofessionals, and
recent college or university graduates with records of
academic distinction who demonstrate the potential to become
highly effective special education teachers.
``(3) Teacher advancement initiatives for special education
teachers that promote professional growth and emphasize
multiple career paths (such as paths to becoming a career
teacher, mentor teacher, or exemplary teacher) and pay
differentiation.
``(4) Developing and implementing mechanisms to assist
local educational agencies and schools in effectively
recruiting and retaining highly qualified special education
teachers.
``(5) Reforming tenure systems, implementing teacher
testing for subject matter knowledge, and implementing
teacher testing for State certification or licensing,
consistent with title II of the Higher Education Act of 1965.
``(6) Funding projects to promote reciprocity of teacher
certification or licensing between or among States for
special education teachers, except that no reciprocity
agreement developed under this paragraph or developed using
funds provided under this subpart may lead to the weakening
of any State teaching certification or licensing requirement.
``(7) Developing or assisting local educational agencies to
serve children with disabilities through the development and
use of proven, innovative strategies to deliver intensive
professional development programs that are both cost
effective and easily accessible, such as strategies that
involve delivery through the use of technology, peer
networks, and distance learning.
``(8) Developing, or assisting local educational agencies
in developing, merit based performance systems, and
strategies that provide differential and bonus pay for
special education teachers.
``(9) Supporting activities that ensure that teachers are
able to use challenging State academic content standards and
student academic and functional achievement standards, and
State assessments for all children with disabilities, to
improve instructional practices and improve the academic
achievement of children with disabilities.
``(10) When applicable, coordinating with, and expanding
centers established under, section 2113(c)(18) of the
Elementary and Secondary Education Act of 1965 to benefit
special education teachers.
``(c) Contracts and Subgrants.--Each such State educational
agency--
``(1) shall award contracts or subgrants to local
educational agencies, institutions of higher education,
parent training and information centers, or community parent
resource centers, as appropriate, to carry out its State plan
under this subpart; and
``(2) may award contracts and subgrants to other public and
private entities, including the lead agency under part C, to
carry out such plan.
``(d) Use of Funds for Professional Development.--A State
educational agency that receives a grant under this subpart
shall use--
``(1) not less than 75 percent of the funds the State
educational agency receives under the grant for any fiscal
year for activities under subsection (a); and
``(2) not more than 25 percent of the funds the State
educational agency receives under the grant for any fiscal
year for activities under subsection (b).
``(e) 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. 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 2004 through 2009.
``Subpart 2--Scientifically Based Research, Technical Assistance, Model
Demonstration Projects, and Dissemination of Information
``SEC. 660. PURPOSE.
``The purpose of this subpart is--
``(1) to provide Federal funding for scientifically based
research, technical assistance, model demonstration projects,
and information dissemination to improve early intervention,
educational, and transitional results for children with
disabilities; and
``(2) to assist State educational agencies and local
educational agencies in improving their education systems.
``SEC. 661. ADMINISTRATIVE PROVISIONS.
``(a) Comprehensive Plan.--
``(1) In general.--After receiving input from interested
individuals with relevant expertise, the Secretary shall
develop and implement a comprehensive plan for activities
carried out under this subpart (other than activities
assisted under section 665 and subpart 3) in order to enhance
the provision of early intervention, educational, related and
transitional services to
[[Page S5442]]
children with disabilities under parts B and C. The plan
shall be coordinated with the plan developed pursuant to
section 177(c) of the Education Sciences Reform Act of 2002
and shall include mechanisms to address early intervention,
educational, related service and transitional needs
identified by State educational agencies in applications
submitted for State Personnel and Professional Development
grants under subpart 1 and for grants under this subpart.
``(2) Public comment.--The Secretary shall provide a public
comment period of at least 60 days on the plan.
``(3) Distribution of funds.--In implementing the plan, the
Secretary shall, to the extent appropriate, ensure that funds
are awarded to recipients under this subpart, subpart 3, and
subpart 4 to carry out activities that benefit, directly or
indirectly, children with the full range of disabilities and
of all ages.
``(4) Reports to congress.--The Secretary shall annually
report to Congress on the Secretary's activities under this
subpart, subpart 3, and subpart 4, including an initial
report not later than 12 months after the date of enactment
of the Individuals with Disabilities Education Improvement
Act of 2004.
``(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) A public charter school that is a local educational
agency under State law.
``(D) An institution of higher education.
``(E) Any other public agency.
``(F) A private nonprofit organization.
``(G) An outlying area.
``(H) An Indian tribe or a tribal organization (as defined
under section 4 of the Indian Self-Determination and
Education Assistance Act).
``(I) A for-profit organization.
``(2) Special rule.--The Secretary may limit the entities
eligible for an award of a grant, contract, or cooperative
agreement to 1 or more categories of eligible entities
described in paragraph (1).
``(c) Special Populations.--
``(1) Application requirement.--In making an award of a
grant, contract, or cooperative agreement under this subpart,
subpart 3, and subpart 4, the Secretary shall, as
appropriate, require an applicant to meet the criteria set
forth by the Secretary under this subpart and demonstrate how
the applicant will address the needs of children with
disabilities from minority backgrounds.
``(2) Outreach and technical assistance.--Notwithstanding
any other provision of this Act, the Secretary shall reserve
at least 1 percent of the total amount of funds made
available to carry out this subpart, subpart 3, or subpart 4
for 1 or both of the following activities:
``(A) 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.
``(B) To enable Historically Black Colleges and
Universities, and the institutions described in subparagraph
(A), to assist other colleges, universities, institutions,
and agencies in improving educational and transitional
results for children with disabilities.
``(d) Priorities.--The Secretary, in making an award of a
grant, contract, or cooperative agreement under this subpart,
subpart 3, or subpart 4, may, without regard to the
rulemaking procedures under section 553(a) of title 5, United
States Code, limit competitions to, or otherwise give
priority to--
``(1) projects that address 1 or more--
``(A) age ranges;
``(B) disabilities;
``(C) school grades;
``(D) types of educational placements or early intervention
environments;
``(E) types of services;
``(F) content areas, such as reading; or
``(G) effective strategies for helping children with
disabilities learn appropriate behavior in the school and
other community based educational settings;
``(2) projects that address the needs of children based on
the severity or incidence of their disability;
``(3) projects that address the needs of--
``(A) low achieving students;
``(B) underserved populations;
``(C) children from low income families;
``(D) limited English proficient children;
``(E) unserved and underserved areas;
``(F) rural or urban areas;
``(G) children whose behavior interferes with their
learning and socialization;
``(H) children with reading difficulties;
``(I) children in charter schools; or
``(J) children who are gifted and talented;
``(K) children with disabilities served by local
educational agencies that receive payments under title VIII
of the Elementary and Secondary Education Act of 1965;
``(L) children with disabilities who are homeless children
or children with disabilities who are wards of the State;
``(4) projects to reduce inappropriate identification of
children as children with disabilities, particularly among
minority children;
``(5) projects that are carried out in particular areas of
the country, to ensure broad geographic coverage;
``(6) projects that promote the development and use of
universally designed technologies, assistive technology
devices, and assistive technology services to maximize
children with disabilities' access to and participation in
the general education curriculum;
``(7) any activity that is authorized in this subpart or
subpart 3; and
``(8) projects that provide training in educational
advocacy to individuals with responsibility for the needs of
wards of the State, including foster parents, grandparents
and other relatives acting in the place of a natural or
adoptive parent, attorneys for children in foster care,
guardians ad litem, court appointed special advocates,
judges, education surrogates, and children's caseworkers.
``(e) 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, subpart 3, or subpart 4--
``(A) involve individuals with disabilities or parents of
individuals with disabilities ages birth through 26 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 under this subpart, subpart 3, or subpart 4 to--
``(A) share in the cost of the project;
``(B) prepare any 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) disseminate such findings and products; and
``(D) collaborate with other such recipients in carrying
out subparagraphs (B) and (C).
``(f) 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 (other than applications for
assistance under section 665), subpart 3, and subpart 4 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 high
quality programs of personnel preparation;
``(ii) individuals who design and carry out scientifically
based research targeted to the improvement of special
education programs and services;
``(iii) individuals who have recognized experience and
knowledge necessary to integrate and apply scientifically
based 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) parents of children with disabilities ages birth
through 26 who are benefiting, or have benefited, from
coordinated research, personnel preparation, and technical
assistance; and
``(viii) individuals with disabilities.
``(C) Term.--Unless approved by the Secretary due to
extenuating circumstances related to shortages of experts in
a particular area of expertise or for a specific competition,
no individual shall serve on the standing panel for more than
3 consecutive years.
``(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 (other than section 665),
subpart 3, and subpart 4 includes--
``(i) individuals with knowledge and expertise on the
issues addressed by the activities authorized by the relevant
subpart; and
``(ii) to the extent practicable, parents of children with
disabilities ages birth through 26, 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 (other than an application under section
665), subpart 3, and subpart 4 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 made available under this subpart,
subpart 3, and subpart 4 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 made available to carry out
this subpart, subpart 3, or subpart 4 to pay non-Federal
entities for administrative support related to management of
applications submitted under this subpart.
``(4) Availability of certain products.--The Secretary
shall ensure that recipients of grants, cooperative
agreements, or contracts under this subpart, subpart 3, and
subpart 4 make available in formats that are accessible to
individuals with disabilities any products developed under
such grants, cooperative agreements, or contracts that the
recipient is making available to the public.
``(g) Program Evaluation.--The Secretary may use funds made
available to carry out this subpart, subpart 3, and subpart 4
to evaluate activities carried out under this subpart.
[[Page S5443]]
``(h) 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 and subpart
3 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 this subpart, subpart 3, and part E of the
Education Sciences Reform Act of 2002 for any fiscal year is
less than $130,000,000, the amounts listed in paragraph (1)
shall be ratably reduced.
``(i) Eligibility for Financial Assistance.--No State or
local educational agency, or other public institution or
agency, may receive a grant or enter into a contract or
cooperative agreement under this subpart that relates
exclusively to programs, projects, and activities pertaining
to children aged 3 through 5, inclusive, unless the State is
eligible to receive a grant under section 619(b).
``SEC. 662. RESEARCH COORDINATION TO IMPROVE RESULTS FOR
CHILDREN WITH DISABILITIES.
``The Secretary shall coordinate research carried out under
this subpart with research carried out under part E of the
Education Sciences Reform Act of 2002.
``SEC. 663. TECHNICAL ASSISTANCE, DEMONSTRATION PROJECTS,
DISSEMINATION OF INFORMATION, AND
IMPLEMENTATION OF SCIENTIFICALLY BASED
RESEARCH.
``(a) In General.--From amounts made available under
section 675, the Secretary, on a competitive basis, shall
award grants to, or enter into contracts or cooperative
agreements with, eligible entities to provide technical
assistance, carry out model demonstration projects,
disseminate useful information, and implement activities that
are supported by scientifically based research.
``(b) Required Activities.--The Secretary shall support
activities to improve services provided under this Act,
including the practices of professionals and others involved
in providing such services to children with disabilities,
that promote academic achievement and functional performance
to improve educational results and functional outcomes for
children with disabilities through--
``(1) implementing effective strategies that are conducive
to learning and 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;
``(2) improving the alignment, compatibility, and
development of valid and reliable assessment methods,
including alternate assessment methods and evaluation
methods, for assessing adequately yearly progress as
described in section 1111(b)(2) of the Elementary and
Secondary Education Act of 1965;
``(3) providing information to both regular education
teachers and special education teachers to address the
different learning styles and disabilities of students;
``(4) disseminating information on innovative, effective,
and efficient curricula, materials (including those that are
universally designed), instructional approaches, and
strategies that--
``(A) support effective transitions between educational
settings or from school to post-school settings;
``(B) support effective inclusion of students with
disabilities in general education settings, especially
students with low-incidence disabilities; and
``(C) improve educational and transitional results at all
levels of the educational system in which the activities are
carried out and, in particular, that improve the progress of
children with disabilities, as measured by assessments within
the general education curriculum involved; and
``(5) demonstrating and applying scientifically-based
findings to facilitate systematic changes related to the
provision of services to children with disabilities.
``(c) Authorized Activities.--Activities that may be
carried out under this section include activities to improve
services provided under this Act, including the practices of
professionals and others involved in providing such services
to children with disabilities, that promote increased
academic achievement and enhanced functional outcomes for
children with disabilities through--
``(1) supporting and promoting the coordination of early
intervention, education, and transitional services for
children with disabilities with services provided by health,
rehabilitation, and social service agencies;
``(2) promoting improved alignment and compatibility of
general and special education reforms concerned with
curriculum and instructional reform, and evaluating of such
reforms;
``(3) enabling professionals, parents of children with
disabilities, and other persons, to learn about, and
implement, the findings of scientifically based research and
effective practices relating to the provision of services to
children with disabilities;
``(4) 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;
``(5) assisting States and local educational agencies with
the process of planning systemic changes that will promote
improved early intervention, educational, and transitional
results for children with disabilities;
``(6) promoting change through a multi-State or regional
framework that benefits States, local educational agencies,
and other participants in partnerships that are in the
process of achieving systemic change;
``(7) focusing on the needs and issues that are specific to
a population of children with disabilities, such as providing
single-State and multi-State technical assistance and in-
service training--
``(A) to schools and agencies serving deaf-blind children
and their families;
``(B) to programs and agencies serving other groups of
children with low-incidence disabilities and their families;
``(C) to address the postsecondary education needs of
individuals who are deaf or hard-of-hearing; and
``(D) to schools and personnel providing special education
and related services for children with autism spectrum
disorders;
``(8) demonstrating models of personnel preparation to
ensure appropriate placements and services for all students
with disabilities and to reduce disproportionality in
eligibility, placement, and disciplinary actions for minority
and limited English proficient children: and
``(9) disseminating information on how to reduce racial and
ethnic disproportionalities.
``(d) Balance Among Disabilities and Age Ranges.--In
carrying out this section, the Secretary shall ensure that
there is an appropriate balance across all age ranges and
disabilities.
``(e) Linking States to Information Sources.--In carrying
out this section, 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.
``(f) Applications.--
``(1) In general.--An eligible entity that desires to
receive a grant, or to 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) Contents.--The Secretary may, as appropriate, require
eligible entities to demonstrate that the projects described
in their applications are supported by scientifically based
research that has been carried out in conjunction with the
standards for the conduct and evaluation of all research and
development established by the National Center for Education
Research under sections 133 and 134 of the Education Sciences
Reform Act of 2002.
``(3) Priority.--As appropriate, the Secretary shall give
priority to applications that propose to serve teachers and
school personnel directly in the school environment or that
strengthen State and local agency capacity to improve
instructional practices of personnel to improve educational
results for children with disabilities in the school
environment.
``SEC. 664. PERSONNEL DEVELOPMENT TO IMPROVE SERVICES AND
RESULTS FOR CHILDREN WITH DISABILITIES.
``(a) In General.--The Secretary, on a competitive basis,
shall award grants to, or enter into contracts or cooperative
agreements with, eligible entities for 1 or more of the
following:
``(1) To help address the needs identified in the State
plan described in section 653(a)(2) for highly qualified
personnel, as defined in section 651(b), to work with
infants, toddlers, or children with disabilities, consistent
with the standards described in section 612(a)(14).
``(2) To ensure that those personnel have the necessary
skills and knowledge, derived from practices that have been
determined, through scientifically based research, to be
successful in serving those children.
``(3) To encourage increased focus on academics and core
content areas in special education personnel preparation
programs.
``(4) To ensure that regular education teachers have the
necessary skills and knowledge to provide instruction to
students with disabilities in the regular education
classroom.
``(5) To ensure that all special education teachers are
highly qualified.
``(6) To ensure that preservice and in-service personnel
preparation programs include training in--
``(A) the use of new technologies;
``(B) the area of early intervention, educational, and
transition services;
``(C) effectively involving parents; and
``(D) positive behavioral supports.
``(7) To provide high-quality professional development for
principals, superintendents, and other administrators,
including training in--
``(A) instructional leadership;
``(B) behavioral supports in the school and classroom;
``(C) paperwork reduction;
``(D) promoting improved collaboration between special
education and general education teachers;
``(E) assessment and accountability;
``(F) ensuring effective learning environments; and
``(G) fostering positive relationships with parents.
``(b) Personnel Development; Authorized Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support activities to prepare personnel,
including activities for the preparation of personnel who
will serve children with high-incidence and low-incidence
disabilities, consistent with the objectives described in
subsection (a).
[[Page S5444]]
``(2) Authorized activities.--Activities that may be
carried out under this subsection include the following:
``(A) Supporting collaborative personnel preparation
activities undertaken by institutions of higher education,
local educational agencies, and other local entities--
``(i) to improve and reform their existing programs, to
support effective existing programs, to support the
development of new programs, and to prepare teachers,
principals, administrators, and related services personnel--
``(I) to meet the diverse needs of children with
disabilities for early intervention, educational, and
transitional services; and
``(II) to work collaboratively in regular classroom
settings; and
``(ii) to incorporate best practices and scientifically
based research about preparing personnel--
``(I) so the personnel will have the knowledge and skills
to improve educational results for children with
disabilities; and
``(II) to implement effective teaching strategies and
interventions to prevent the misidentification,
overidentification, or underidentification of children as
having a disability, especially minority and limited English
proficient children.
``(B) Developing, evaluating, and disseminating innovative
models for the recruitment, induction, retention, and
assessment of highly qualified teachers to reduce teachers
shortages.
``(C) Providing continuous personnel preparation, training,
and professional development designed to provide support and
ensure retention of teachers and personnel who teach and
provide related services to children with disabilities.
``(D) Developing and improving programs for
paraprofessionals to become special education teachers,
related services personnel, and early intervention personnel,
including interdisciplinary training to enable the
paraprofessionals to improve early intervention, educational,
and transitional results for children with disabilities.
``(E) Demonstrating models for the preparation of, and
interdisciplinary training of, early intervention, special
education, and general education personnel, to enable the
personnel to acquire the collaboration skills necessary to
work within teams and to improve results for children with
disabilities, particularly within the general education
curriculum.
``(F) Promoting effective parental involvement practices to
enable the personnel to work with parents and involve parents
in the education of such parents' children.
``(G) Promoting the transferability, across State and local
jurisdictions, of licensure and certification of teachers,
principals, and administrators working with such children.
``(H) Developing and disseminating models that prepare
teachers with strategies, including positive behavioral
interventions, for addressing the conduct of children with
disabilities that impedes their learning and that of others
in the classroom.
``(I) Developing and improving programs to enhance the
ability of early childhood providers, general education
teachers, principals, school administrators, related services
personnel, and school board members to improve results for
children with disabilities.
``(J) 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.
``(K) Preparing personnel to work in high need elementary
schools and secondary schools, including urban schools, rural
schools, and schools operated by an entity described in
section 7113(d)(1)(A)(ii) of the Elementary and Secondary
Education Act of 1965, and schools that serve high numbers or
percentages of limited English proficient children.
``(L) Developing, evaluating, and disseminating innovative
models for the recruitment, induction, retention, and
assessment of new, highly qualified teachers, especially from
groups that are underrepresented in the teaching profession,
including individuals with disabilities.
``(M) Developing and improving programs to train special
education teachers to develop an expertise in autism spectrum
disorders.
``(c) 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 the persons to assist children
with low incidence disabilities to achieve the objectives set
out in their individualized education programs described in
section 614(d), or to assist infants and toddlers with low
incidence 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 low incidence
disabilities.
``(C) Preparing personnel in the innovative uses and
application of technology, including universally designed
technologies, assistive technology devices, and assistive
technology services--
``(i) to enhance learning by children with low incidence
disabilities through early intervention, educational, and
transitional services; and
``(ii) to improve communication with parents.
``(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 low incidence
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
eligible entities submitting applications that include 1 or
more of the following:
``(A) A proposal to prepare personnel in more than 1 low
incidence disability, such as deafness and blindness.
``(B) A demonstration of an effective collaboration with an
eligible entity and a local educational agency that promotes
recruitment and subsequent retention of highly qualified
personnel to serve children with disabilities.
``(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.
``(d) 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 graduate, doctoral, and
postdoctoral levels of training to administer, enhance, or
provide services to improve results for children with
disabilities.
``(B) Providing interdisciplinary training for various
types of leadership personnel, including teacher preparation
faculty, administrators, researchers, supervisors,
principals, related services personnel, and other persons
whose work affects early intervention, educational, and
transitional services for children with disabilities.
``(e) Enhanced Support and Training for Beginning Special
Educators; Authorized Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support personnel 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--
``(A) enhancing and restructuring an existing program or
developing a preservice teacher education program, to prepare
special education teachers, at colleges or departments of
education within the institution of higher education, by
incorporating an additional 5th year clinical learning
opportunity, field experience, or supervised practicum into a
program of preparation and coursework for special education
teachers; or
``(B) Creating or supporting professional development
schools that provide--
``(i) high quality mentoring and induction opportunities
with ongoing support for beginning special education
teachers; or
``(ii) inservice professional development to veteran
special education teachers through the ongoing exchange of
information and instructional strategies.
``(3) Eligible partnerships.--Eligible recipients of
assistance under this subsection are partnerships--
``(A) that shall consist of--
``(i) 1 or more institutions of higher education with
special education personnel preparation programs; and
``(ii) 1 or more local educational agencies; and
``(iii) in the case of activities assisted under paragraph
(2)(B), an elementary school or secondary school; and
``(B) that may include other entities eligible for
assistance under this part, such as a State educational
agency.
``(4) Priority.--In awarding grants or entering into
contracts or cooperative agreements under this subsection,
the Secretary shall give priority to partnerships that
include local educational agencies that serve--
``(A) high numbers or percentages of low-income students;
or
``(B) schools that have failed to make adequate yearly
progress toward enabling children with disabilities to meet
academic achievement standards.
``(f) Training To Support General Educators; Authorized
Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support personnel 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--
``(A) high quality professional development for general
educators that develops the knowledge and skills, and
enhances the ability, of general educators to--
[[Page S5445]]
``(i) use classroom-based techniques to identify students
who may be eligible for special education services, and
deliver instruction in a way that meets the individualized
needs of children with disabilities through appropriate
supports, accommodations, and curriculum modifications;
``(ii) use classroom-based techniques, such as
scientifically based reading instruction;
``(iii) work collaboratively with special education
teachers and related services personnel;
``(iv) implement strategies, such as positive behavioral
interventions--
``(I) to address the behavior of children with disabilities
that impedes the learning of such children and others; or
``(II) to prevent children from being misidentified as
children with disabilities;
``(v) prepare children with disabilities to participate in
statewide assessments (with or without accommodations) and
alternate assessments, as appropriate;
``(vi) develop effective practices for ensuring that all
children with disabilities are a part of all accountability
systems under the Elementary and Secondary Education Act of
1965;
``(vii) work with and involve parents of children with
disabilities in their child's education;
``(viii) understand how to effectively construct IEPs,
participate in IEP meetings, and implement IEPs; and
``(ix) in the case of principals and superintendents, be
instructional leaders and promote improved collaboration
between general educators, special education teachers, and
related services personnel; and
``(B) release and planning time for the activities
described in this subsection.
``(3) Eligible partnerships.--Eligible recipients of
assistance under this subsection are partnerships--
``(A) that consist of--
``(i) 1 or more institutions of higher education with
special education personnel preparation programs; and
``(ii) 1 or more local educational agencies; and
``(B) that may include other entities eligible for
assistance under this part, such as a State educational
agency.
``(g) Applications.--
``(1) In general.--Any eligible entity that desires 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), (d), (e), or (f) 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, consistent with the needs
identified in the State plan described in section 653(a)(2).
``(B) Cooperation with state educational agencies.--Any
applicant that is not a local educational agency or a State
educational agency shall include in the application
information demonstrating to the satisfaction of the
Secretary that the applicant and 1 or more State educational
agencies or local educational agencies have engaged in a
cooperative effort to carry out and monitor the project to be
assisted.
``(3) Acceptance by states of personnel preparation
requirements.--The Secretary may require applicants to
provide assurances from 1 or more States that such States
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.
``(h) Selection of Recipients.--
``(1) Impact of project.--In selecting award recipients
under this section, the Secretary shall consider the impact
of the proposed project described in the application in
meeting the need for personnel identified by the States.
``(2) Requirement for applicants to meet state and
professional standards.--The Secretary shall make grants and
enter into contracts and cooperative agreements 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 give preference to institutions of
higher education that are--
``(A) educating regular education personnel to meet the
needs of children with disabilities in integrated settings;
``(B) educating special education personnel to work in
collaboration with regular educators in integrated settings;
and
``(C) successfully recruiting and preparing individuals
with disabilities and individuals from groups that are
underrepresented in the profession for which the institution
of higher education is preparing individuals.
``(i) Service Obligation.--Each application for funds under
subsections (b), (c), (d), and (e) shall include an assurance
that the applicant will ensure that individuals who receive
assistance under the proposed project will subsequently
provide special education and related services to children
with disabilities for a period of 1 year 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.
``(j) Scholarships.--The Secretary may include funds for
scholarships, with necessary stipends and allowances, in
awards under subsections (b), (c), (d), and (e).
``(k) 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 2009.
``SEC. 665. STUDIES AND EVALUATIONS.
``(a) Studies and Evaluations.--
``(1) Delegation.--The Secretary shall delegate to the
Director of the Institute for Education Sciences
responsibility to carry out this section, other than
subsections (d) and (f).
``(2) Assessment.--The Secretary shall, directly or through
grants, contracts, or cooperative agreements awarded on a
competitive basis, 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.
``(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 timely information to the President,
Congress, the States, local educational agencies, and the
public on how to implement this Act more effectively; and
``(C) to provide the President and 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, and
other appropriate individuals.
``(3) Scope of assessment.--The national assessment shall
assess the--
``(A) implementation of programs assisted under this Act
and the impact of those programs on addressing the
developmental, educational, and transitional needs of, and
improving the academic achievement and functional outcomes
of, children with disabilities to enable the children to
reach challenging developmental goals and challenging State
academic content standards based on State academic
assessments, including alternate assessments;
``(B) types of programs and services that have demonstrated
the greatest likelihood of helping students reach the
challenging State academic content standards and
developmental goals;
``(C) implementation of the personnel preparation and
professional development activities assisted under this Act
and the impact on instruction, student academic achievement,
and teacher qualifications to enhance the ability of special
education teachers and regular education teachers to improve
results for children with disabilities; and
``(D) effectiveness of schools, local educational agencies,
States, and other recipients of assistance under this Act, in
achieving the purposes of this Act in--
``(i) improving the academic achievement of children with
disabilities and their performance on regular statewide
assessments, and the performance of children with
disabilities on alternate assessments;
``(ii) improving the participation rate of children with
disabilities in the general education curriculum;
``(iii) improving the transitions of children with
disabilities at natural transition points;
``(iv) placing and serving children with disabilities,
including minority children, in the least restrictive
environment appropriate;
``(v) preventing children with disabilities, especially
children with emotional disturbances and specific learning
disabilities, from dropping out of school;
``(vi) addressing the reading and literacy needs of
children with disabilities;
``(vii) 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;
``(viii) improving the participation of parents of children
with disabilities in the education of their children;
``(ix) resolving disagreements between education personnel
and parents through alternative dispute resolution activities
including mediation; and
``(x) reducing the misidentification of children,
especially minority and limited English proficient children.
``(4) Interim and final reports.--The Secretary shall
submit to the President and Congress--
``(A) an interim report that summarizes the preliminary
findings of the national assessment not later than 3 years
after the date of enactment of the Individuals with
Disabilities Education Improvement Act of 2004; and
``(B) a final report of the findings of the assessment not
later than 5 years after the date of enactment of the
Individuals with Disabilities Education Improvement Act of
2004.
``(c) Study on Ensuring Accountability for Students Who Are
Held to Alternative Achivement Standards.--The Secretary
shall carry out a national study or studies to examine--
``(1) the criteria that States use to determine--
``(A) eligibility for alternate assessments; and
``(B) the number and type of children who take those
assessments and are held accountable to alternate achievement
standards;
``(2) the validity and reliability of alternate assessment
instruments and procedures;
``(3) the alignment of alternate assessments and
alternative achievement standards to State academic content
standards in reading, mathematics, and science; and
``(4) the use and effectiveness of alternate assessments in
appropriately measuring student
[[Page S5446]]
progress and outcomes specific to individualized
instructional need.
``(d) Annual Report.--The Secretary shall provide an annual
report to Congress that--
``(1) summarizes the research conducted under section 662;
``(2) analyzes and summarizes the data reported by the
States and the Secretary of the Interior under section 618;
``(3) summarizes the studies and evaluations conducted
under this section and the timeline for their completion;
``(4) describes the extent and progress of the national
assessment; and
``(5) describes the findings and determinations resulting
from reviews of State implementation of this Act.
``(e) Authorized Activities.--In carrying out this section,
the Secretary may support objective studies, evaluations, and
assessments, including studies that--
``(1) 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;
``(2) 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;
``(3) assess educational and transitional services and
results for children with disabilities from minority
backgrounds, including--
``(A) 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;
``(iii) the number of minority children who graduated from
secondary programs with a regular diploma in the standard
number of years; and
``(iv) the number of minority children who drop out of the
educational system; and
``(B) the performance of children with disabilities from
minority backgrounds on State assessments and other
performance indicators established for all students;
``(4) measure educational and transitional services and
results of children with disabilities served under this Act,
including longitudinal studies that--
``(A) 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
``(B) examine educational results, transition services,
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
``(5) identify and report on the placement of children with
disabilities by disability category.
``(f) Study.--The Secretary shall study, and report to
Congress regarding, the extent to which States adopt policies
described in section 635(b)(1) and on the effects of those
policies.
``(g) Reservation for Studies and Evaluations.--
``(1) In general.--Except as provided in paragraph (2) and
notwithstanding any other provision of this Act, the
Secretary may reserve not more than \1/2\ of 1 percent of the
amount appropriated under parts B and C for each fiscal year
to carry out this section, of which not more than $3,000,000
shall be available to carry out subsection (c).
``(2) Maximum amount.--The maximum amount the Secretary may
reserve under paragraph (1) for any fiscal year is
$40,000,000, increased by the cumulative rate of inflation
since fiscal year 2003.
``Subpart 3--Supports To Improve Results for Children With Disabilities
``SEC. 670. PURPOSES.
``The purposes of this subpart are to ensure that--
``(1) children with disabilities and their parents receive
training and information on their rights, responsibilities,
and protections under this Act, in order to develop the
skills necessary to cooperatively and effectively participate
in planning and decision making relating to early
intervention, educational, and transitional services;
``(2) parents, teachers, administrators, early intervention
personnel, related services personnel, and transition
personnel receive coordinated and accessible technical
assistance and information to assist them in improving early
intervention, educational, and transitional services and
results for children with disabilities and their families;
and
``(3) appropriate technology and media are researched,
developed, and demonstrated, to improve and implement early
intervention, educational, and transitional services and
results for children with disabilities and their families.
``SEC. 671. PARENT TRAINING AND INFORMATION CENTERS.
``(a) Program Authorized.--The Secretary may award 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 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, to
enable their children with disabilities to--
``(A) meet developmental and functional goals, and
challenging academic achievement goals that have been
established for all children; and
``(B) be prepared to lead productive independent adult
lives, to the maximum extent possible;
``(2) serve the parents of infants, toddlers, and children
with the full range of disabilities described in section
602(3);
``(3) assist parents to--
``(A) better understand the nature of their children's
disabilities and their educational, developmental, and
transitional needs;
``(B) communicate effectively and work collaboratively with
personnel responsible for providing special education, early
intervention services, transition services, 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, type,
and quality of options, programs, services, technologies, and
research based practices and interventions, and resources
available to assist children with disabilities and their
families in school and at home;
``(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;
``(4) 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 the
parents;
``(5) assist parents in resolving disputes in the most
expeditious and effective way possible, including encouraging
the use, and explaining the benefits, of alternative methods
of dispute resolution, such as the mediation process
described in section 615(e);
``(6) assist parents and students with disabilities to
understand their rights and responsibilities under this Act,
including those under section 615(m) on the student's
reaching the age of majority;
``(7) assist parents to understand the availability of, and
how to effectively use, procedural safeguards under this Act;
``(8) assist parents in understanding, preparing for, and
participating in, the process described in section
615(f)(1)(B);
``(9) establish cooperative partnerships with community
parent resource centers funded under section 672;
``(10) network with appropriate clearinghouses, including
organizations conducting national dissemination activities
under section 663, 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 described in section 602(3);
and
``(11) annually report to the Secretary on--
``(A) the number and demographics of parents to whom the
center provided information and training in the most recently
concluded fiscal year;
``(B) the effectiveness of strategies used to reach and
serve parents, including underserved parents of children with
disabilities; and
``(C) the number of parents served who have resolved
disputes through alternative methods of dispute resolution.
``(c) Optional Activities.--A parent training and
information center that receives assistance under this
section may provide information to teachers and other
professionals to assist the teachers and professionals in
improving results for children with disabilities.
``(d) Application Requirements.--Each application for
assistance under this section shall identify with specificity
the special efforts that the parent organization 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--
``(A) make at least 1 award to a parent organization in
each State for a parent training and information center which
is designated as the statewide parent training and
information center; or
``(B) in the case of a large State, make awards to multiple
parent training and information centers, but only if the
centers demonstrate that coordinated services and supports
will occur among the multiple centers.
``(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) Meetings.--The board of directors of each parent
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.
``(2) Continuation award.--When an organization requests a
continuation award under this section, the board of directors
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
[[Page S5447]]
(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 ages birth through 26;
``(B) that includes--
``(i) individuals working in the fields of special
education, related services, and early intervention; and
``(ii) individuals with disabilities;
``(C) the parent and professional members of which are
broadly representative of the population to be served; and
``(2) has as its mission serving families of children and
youth with disabilities who--
``(A) are ages birth through 26; and
``(B) have the full range of disabilities described in
section 602(3).
``SEC. 672. COMMUNITY PARENT RESOURCE CENTERS.
``(a) In General.--The Secretary may award 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 the parents need to enable the parents to
participate effectively in helping their children with
disabilities--
``(1) to meet developmental and functional goals, and
challenging academic achievement goals 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 community parent resource
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 (9) of
section 671(b);
``(3) establish cooperative partnerships with the parent
training and information centers funded under section 671;
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 in this section, the term `local
parent organization' means a parent organization, as defined
in section 671(g), that--
``(1) has a board of directors the majority of whom are
parents of children with disabilities ages birth through 26
from the community to be served; and
``(2) has as its mission serving parents of children with
disabilities who--
``(A) are ages birth through 26; and
``(B) have the full range of disabilities described in
section 602(3).
``SEC. 673. TECHNICAL ASSISTANCE FOR PARENT TRAINING AND
INFORMATION CENTERS.
``(a) In General.--The Secretary may make an award to 1
parent organization (as defined in section 671(g)) that
receives assistance under section 671 to enable the parent
organization to 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 671 and 672.
``(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 national coordination of parent training
efforts, which includes encouraging collaborative efforts
among award recipients under sections 671 and 672;
``(2) dissemination of information, scientifically based
research, and research based practices and interventions;
``(3) promotion of the use of technology, including
universally designed technologies, assistive technology
devices, and assistive technology services;
``(4) reaching underserved populations;
``(5) including children with disabilities in general
education programs;
``(6) facilitation of transitions from--
``(A) early intervention services to preschool;
``(B) preschool to elementary school;
``(C) elementary school to secondary school; and
``(D) secondary school to postsecondary environments; and
``(7) promotion of alternative methods of dispute
resolution, including mediation.
``(c) Regional Parent Centers.--The recipient of the award
described in section 673(a) shall establish no fewer than 4
regional centers from the parent training and information
centers and community parent resource centers receiving
assistance under sections 671 and 672 for the purpose of
carrying out the authorized activities described in
subsection (b). These regional centers shall be selected on
the basis of the center's--
``(1) willingness to be a regional parent center;
``(2) demonstrated expertise in the delivery of required
parent training and information center activities described
in section 671(b);
``(3) demonstrated capacity to deliver the authorized
activities described in subsection (b);
``(4) history of collaboration with other parent training
and information centers, community parent resource centers,
regional resource centers, clearinghouses, and other
projects; and
``(5) geographic location.
``(d) Collaboration With the Resource Centers.--The
recipient of the award described in subsection (a), in
conjunction with the regional parent centers described in
subsection (c), shall develop collaborative agreements with
the geographically appropriate Regional Resource Center to
further parent and professional collaboration.
``SEC. 674. TECHNOLOGY DEVELOPMENT, DEMONSTRATION, AND
UTILIZATION; AND MEDIA SERVICES.
``(a) In General.--The Secretary, on a competitive basis,
shall award 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 Use.--
``(1) In general.--In carrying out this section, the
Secretary shall support activities to promote the
development, demonstration, and use of technology.
``(2) Authorized activities.--The following activities may
be carried out under this subsection:
``(A) Conducting research on and promoting the
demonstration and use of innovative, emerging, and
universally designed technologies for children with
disabilities, by improving the transfer of technology from
research and development to practice.
``(B) Supporting research, development, and dissemination
of technology with universal design features, so that the
technology is accessible to the broadest range of individuals
with disabilities without further modification or adaptation.
``(C) Demonstrating the use of 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.
``(D) Supporting the use of Internet-based communications
for students with cognitive disabilities in order to maximize
their academic and functional skills.
``(c) Educational Media Services; Optional Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support--
``(A) educational media activities that are designed to be
of educational value in the classroom setting to children
with disabilities;
``(B) providing video description, open captioning, or
closed captioning, that is appropriate for use in the
classroom setting, of--
``(i) television programs;
``(ii) videos;
``(iii) other materials, including programs and materials
associated with new and emerging technologies, such as CDs,
DVDs, video streaming, and other forms of multimedia; or
``(iv) news (but only until September 30, 2006);
``(C) distributing materials described in subparagraphs (A)
and (B) through such mechanisms as a loan service; and
``(D) providing free educational materials, including
textbooks, in accessible media for visually impaired and
print disabled students in elementary schools and secondary
schools.
``(2) Limitation.--The video description, open captioning,
or closed captioning described in paragraph (1)(B) shall only
be provided when the description or captioning has not been
previously provided by the producer or distributor, or has
not been fully funded by other sources.
``(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 2004
through 2009.
``SEC. 675. ACCESSIBILITY OF INSTRUCTIONAL MATERIALS.
``(a) Instructional Materials Accessibility Standard.--
``(1) Accessibility standard.--Not later than 180 days
after the date of enactment of the Individuals with
Disabilities Education Improvement Act of 2004, the Secretary
shall, by rulemaking, promulgate an Instructional Materials
Accessibility Standard which shall constitute the technical
standards to be used by publishers for the preparation of
electronic files for States under section 612(a)(22).
``(2) Relationship to other laws.--For purposes of this
section:
``(A) Authorized entity.--Notwithstanding the provisions of
section 106 of title 17, United States Code, it is not an
infringement of copyright for an authorized entity to
reproduce or to distribute copies of the electronic files
described in section 612(a)(22)(B), containing the contents
of the print instructional materials using the Instructional
Materials Accessibility Standard, if such copies are used
solely for reproduction or distribution of the contents of
such print instructional materials in specialized formats
designed exclusively for use by the blind or other persons
with print disabilities.
``(B) Publisher.--Notwithstanding the provisions of section
of 106 of title 17, United States Code, it is not an
infringement of copyright for a publisher to create and
distribute copies of the electronic files described in
section 612(a)(22)(B), containing the contents of the print
instructional materials using the Instructional Material
Accessibility Standard, if such copies are used solely for
reproduction or distribution of the contents of such print
instructional materials in specialized formats designed
exclusively for use by the blind or other persons with print
disabilities.
``(C) Copies.--Copies of the electronic files containing
the contents of the print instructional materials using the
Instructional Materials Accessibility Standard shall be made
in compliance with the provisions of section 121(b) of title
17, United States Code, regarding the reproduction and
distribution of copyrighted print instructional materials in
specialized formats.
``(3) Definitions.--In this section:
[[Page S5448]]
``(A) Instructional materials accessibility standard.--The
term `Instructional Materials Accessibility Standard' means
the technical standards described in paragraph (2), to be
used in the preparation of electronic files suitable and used
solely for efficient conversion into specialized formats.
``(B) Blind or other persons with print disabilities.--The
term `blind or other persons with print disabilities' means
children served under this Act and who may qualify in
accordance with the Act entitled ``An Act to provide books
for the adult blind'', approved March 3, 1931 (2 U.S.C. 135a;
46 Stat. 1487) to receive books and other publications
produced in specialized formats.
``(C) Specialized formats.--The term `specialized formats'
has the meaning given the term in section 121(c)(3) of title
17, United States Code, and for the purposes of this section,
includes synthesized speech, digital audio, and large print.
``(D) Print instructional materials.--The term `print
instructional materials' means printed textbooks and related
printed core materials that are written and published
primarily for use in elementary school and secondary school
instruction and are required by a State educational agency or
local educational agency for use by pupils in the classroom.
``(E) Authorized entity.--The term `authorized entity' has
the meaning given the term in section 121(c)(1) of title 17,
United States Code.
``(4) Applicability.--This section shall apply to print
instructional materials published and copyrighted after the
date on which the final rule establishing the Instructional
Materials Accessibility Standard is published in the Federal
Register.
``(b) National Instructional Materials Access Center.--
``(1) Establishment.--Not later than 2 years after the date
of enactment of the Individuals with Disabilities Education
Improvement Act of 2004, the Secretary shall establish a
center, to be known as the National Instructional Materials
Access Center, which shall coordinate the acquisition and
distribution of print instructional materials prepared in the
Instructional Materials Accessibility Standard described in
subsection (a)(2).
``(2) Responsibilities.--The duties of the National
Instructional Materials Access Center are the following:
``(A) To receive and maintain a catalog of print
instructional materials made available under section
612(a)(22) and section 613(a)(6).
``(B) To provide authorized entities with access to such
print instructional materials, free of charge, in accordance
with such terms and procedures as the National Instructional
Materials Access Center may prescribe.
``(C) To develop, adopt, and publish procedures to protect
against copyright infringement and otherwise to
administratively assure compliance with title 17, United
States Code, with respect to the print instructional
materials provided under section 612(a)(22) and section
613(a)(6).
``(3) Contract authorized.--To assist in carrying out
paragraph (1), the Secretary shall award, on a competitive
basis, a contract renewable on a biennial basis with a
nonprofit organization, or with a consortium of such
organizations, determined by the Secretary to be best
qualified to carry out the responsibilities described in
paragraph (2). The contractor shall report directly to the
Assistant Secretary for Special Education and Rehabilitative
Services.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
such sums as may be necessary.
``SEC. 676. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out
sections 671, 672, 673, and 663 such sums as may be necessary
for each of the fiscal years 2004 through 2009.
``Subpart 4--Interim Alternative Educational Settings, Behavioral
Supports, and Whole School Interventions
``SEC. 681. PURPOSE.
``The purpose of this subpart is to authorize resources to
foster a safe learning environment that supports academic
achievement for all students by improving the quality of
interim alternative educational settings, providing more
behavioral supports in schools, and supporting whole school
interventions.
``SEC. 682. DEFINITION OF ELIGIBLE ENTITY.
``In this subpart, the term `eligible entity' means--
``(1) a local educational agency; or
``(2) a consortium consisting of a local educational agency
and 1 or more of the following entities:
``(A) another local educational agency;
``(B) a community-based organization with a demonstrated
record of effectiveness in helping children with disabilities
who have behavioral challenges succeed;
``(C) an institution of higher education;
``(D) a mental health provider; or
``(E) an educational service agency.
``SEC. 683. PROGRAM AUTHORIZED.
``The Secretary is authorized to award grants, on a
competitive basis, to eligible entities to enable the
eligible entities--
``(1) to establish or expand behavioral supports and whole
school behavioral interventions by providing for effective,
research-based practices, including--
``(A) comprehensive, early screening efforts for students
at risk for emotional and behavioral difficulties;
``(B) training for school staff on early identification,
prereferral, and referral procedures;
``(C) training for administrators, teachers, related
services personnel, behavioral specialists, and other school
staff in whole school positive behavioral interventions and
supports, behavioral intervention planning, and classroom and
student management techniques;
``(D) joint training for administrators, parents, teachers,
related services personnel, behavioral specialists, and other
school staff on effective strategies for positive behavioral
interventions and behavior management strategies that focus
on the prevention of behavior problems;
``(E) developing or implementing specific curricula,
programs, or interventions aimed at addressing behavioral
problems;
``(F) stronger linkages between school-based services and
community-based resources, such as community mental health
and primary care providers; or
``(G) using behavioral specialists, related services
personnel, and other staff necessary to implement behavioral
supports; or
``(2) to improve interim alternative educational settings
by--
``(A) improving the training of administrators, teachers,
related services personnel, behavioral specialists, and other
school staff (including ongoing mentoring of new teachers);
``(B) attracting and retaining a high quality, diverse
staff;
``(C) providing for on-site counseling services;
``(D) using research-based interventions, curriculum, and
practices;
``(E) allowing students to use instructional technology
that provides individualized instruction;
``(F) ensuring that the services are fully consistent with
the goals of the individual student's IEP;
``(G) promoting effective case management and collaboration
among parents, teachers, physicians, related services
personnel, behavioral specialists, principals,
administrators, and other school staff;
``(H) promoting interagency coordination and coordinated
service delivery among schools, juvenile courts, child
welfare agencies, community mental health providers, primary
care providers, public recreation agencies, and community-
based organizations; or
``(I) providing for behavioral specialists to help students
transitioning from interim alternative educational settings
reintegrate into their regular classrooms.
``SEC. 684. PROGRAM EVALUATIONS.
``(a) Report and Evaluation.--Each eligible entity
receiving a grant under this subpart shall prepare and submit
annually to the Secretary a report on the outcomes of the
activities assisted under the grant.
``(b) Best Practices on Website.--The Secretary shall make
available on the Department's website information for
parents, teachers, and school administrators on best
practices for interim alternative educational settings,
behavior supports, and whole school intervention.
``SEC. 685. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart $50,000,000 for fiscal year 2004 and such sums as may
be necessary for each of the 5 succeeding fiscal years.''.
TITLE II--AMENDMENTS TO THE REHABILITATION ACT OF 1973
SEC. 201. FINDINGS.
Section 2(a) of the Rehabilitation Act of 1973 (29 U.S.C.
701(a)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(7) there is a substantial need to improve and expand
services for students with disabilities under this Act.''.
SEC. 202. DEFINITIONS.
Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705)
is amended--
(1) by redesignating paragraphs (35) through (39) as
paragraphs (36), (37), (38), (40), and (41), respectively;
(2) in subparagraph (A)(ii) of paragraph (36) (as
redesignated in paragraph (1)), by striking ``paragraph
(36)(C)'' and inserting ``paragraph (37)(C)'';
(3) by inserting after paragraph (34) the following:
``(35)(A) The term `student with a disability' means an
individual with a disability who--
``(i) is not younger than 14 and not older than 21;
``(ii) has been determined to be eligible under section
102(a) for assistance under this title; and
``(iii)(I) is eligible for, and is receiving, special
education under part B of the Individuals with Disabilities
Education Act (20 U.S.C. 1411 et seq.); or
``(II) is an individual with a disability, for purposes of
section 504.
``(B) The term `students with disabilities' means more than
1 student with a disability.''; and
(4) by inserting after paragraph (38) the following:
``(39) The term `transition services expansion year'
means--
``(A) the first fiscal year for which the amount
appropriated under section 100(b) exceeds the amount
appropriated under section 100(b) for fiscal year 2004 by not
less than $100,000,000; and
``(B) each fiscal year subsequent to that first fiscal
year.''.
SEC. 203. STATE PLAN.
(a) Assessment and Strategies.--Section 101(a)(15) of the
Rehabilitation Act of 1973 (29 U.S.C. 721(a)(15)) is
amended--
(1) in subparagraph (A)(i)--
(A) in subclause (II), by striking ``and'' at the end;
(B) in subclause (III), by adding ``and'' at the end; and
(C) by adding at the end the following:
``(IV) in a transition services expansion year, students
with disabilities, including their need for transition
services;''; and
[[Page S5449]]
(2) in subparagraph (D)--
(A) by redesignating clauses (iii), (iv), and (v) as
clauses (iv), (v), and (vi), respectively; and
(B) by inserting after clause (ii) the following:
``(iii) in a transition services expansion year, the
methods to be used to improve and expand vocational
rehabilitation services for students with disabilities,
including the coordination of services designed to facilitate
the transition of such students from the receipt of
educational services in school to the receipt of vocational
rehabilitation services under this title or to postsecondary
education or employment;''.
(b) Services for Students With Disabilities.--Section
101(a) of the Rehabilitation Act of 1973 (29 U.S.C. 721(a))
is amended by adding at the end the following:
``(25) Services for students with disabilities.--The State
plan for a transition services expansion year shall provide
an assurance satisfactory to the Secretary that the State--
``(A) has developed and implemented strategies to address
the needs identified in the assessment described in paragraph
(15), and achieve the goals and priorities identified by the
State, to improve and expand vocational rehabilitation
services for students with disabilities on a statewide basis
in accordance with paragraph (15); and
``(B) from funds reserved under section 110A, shall carry
out programs or activities designed to improve and expand
vocational rehabilitation services for students with
disabilities that--
``(i) facilitate the transition of the students with
disabilities from the receipt of educational services in
school, to the receipt of vocational rehabilitation services
under this title, including, at a minimum, those services
specified in the interagency agreement required in paragraph
(11)(D);
``(ii) improve the achievement of post-school goals of
students with disabilities, including improving the
achievement through participation (as appropriate when
vocational goals are discussed) in meetings regarding
individualized education programs developed under section 614
of the Individuals with Disabilities Education Act (20 U.S.C.
1414);
``(iii) provide vocational guidance, career exploration
services, and job search skills and strategies and technical
assistance to students with disabilities;
``(iv) support the provision of training and technical
assistance to State and local educational agency and
designated State agency personnel responsible for the
planning and provision of services to students with
disabilities; and
``(v) support outreach activities to students with
disabilities who are eligible for, and need, services under
this title.''.
SEC. 204. SCOPE OF SERVICES.
Section 103 of the Rehabilitation Act of 1973 (29 U.S.C.
723) is amended--
(1) in subsection (a), by striking paragraph (15) and
inserting the following:
``(15) transition services for students with disabilities,
that facilitate the achievement of the employment outcome
identified in the individualized plan for employment,
including, in a transition services expansion year, services
described in clauses (i) through (iii) of section
101(a)(25)(B);''; and
(2) in subsection (b), by striking paragraph (6) and
inserting the following:
``(6)(A)(i) Consultation and technical assistance services
to assist State and local educational agencies in planning
for the transition of students with disabilities from school
to post-school activities, including employment.
``(ii) In a transition services expansion year, training
and technical assistance described in section
101(a)(25)(B)(iv).
``(B) In a transition services expansion year, services for
groups of individuals with disabilities who meet the
requirements of clauses (i) and (iii) of section 7(35)(A),
including services described in clauses (i), (ii), (iii), and
(v) of section 101(a)(25)(B), to assist in the transition
from school to post-school activities.''.
SEC. 205. STANDARDS AND INDICATORS.
Section 106(a) of the Rehabilitation Act of 1973 (29 U.S.C.
726(a)) is amended by striking paragraph (1)(C) and all that
follows through paragraph (2) and inserting the following:
``(2) Measures.--The standards and indicators shall include
outcome and related measures of program performance that--
``(A) facilitate the accomplishment of the purpose and
policy of this title;
``(B) to the maximum extent practicable, are consistent
with the core indicators of performance, and corresponding
State adjusted levels of performance, established under
section 136(b) of the Workforce Investment Act of 1998 (29
U.S.C. 2871(b)); and
``(C) include measures of the program's performance with
respect to the transition to post-school vocational
activities, and achievement of the post-school vocational
goals, of students with disabilities served under the
program.''.
SEC. 206. RESERVATION FOR EXPANDED TRANSITION SERVICES.
The Rehabilitation Act of 1973 is amended by inserting
after section 110 (29 U.S.C. 730) the following:
``SEC. 110A. RESERVATION FOR EXPANDED TRANSITION SERVICES.
``(a) Reservation.--From the State allotment under section
110 in a transition services expansion year, each State shall
reserve an amount calculated by the Commissioner under
subsection (b) to carry out programs and activities under
sections 101(a)(25)(B) and 103(b)(6).
``(b) Calculation.--The Commissioner shall calculate the
amount to be reserved for such programs and activities for a
fiscal year by each State by multiplying $50,000,000 by the
percentage determined by dividing--
``(1) the amount allotted to that State under section 110
for the prior fiscal year; by
``(2) the total amount allotted to all States under section
110 for that prior fiscal year.''.
SEC. 207. CONFORMING AMENDMENT.
Section 1(b) of the Rehabilitation Act of 1973 is amended
by inserting after the item relating to section 110 the
following:
``Sec. 110A. Reservation for expanded transition services.''.
TITLE III--NATIONAL CENTER FOR SPECIAL EDUCATION RESEARCH
SEC. 301. NATIONAL CENTER FOR SPECIAL EDUCATION RESEARCH.
(a) Amendment.--The Education Sciences Reform Act of 2002
(20 U.S.C. 9501 et seq.) is amended--
(1) by redesignating part E as part F; and
(2) by inserting after part D the following:
``PART E--NATIONAL CENTER FOR SPECIAL EDUCATION RESEARCH
``SEC. 175. ESTABLISHMENT.
``(a) Establishment.--There is established in the Institute
a National Center for Special Education Research.
``(b) Mission.--The mission of the National Center for
Special Education Research (in this part referred to as the
`Special Education Research Center') is--
``(1) to sponsor research to expand knowledge and
understanding of the needs of infants, toddlers, and children
with disabilities in order to improve the developmental,
educational, and transitional results of such individuals;
``(2) to sponsor research to improve services provided
under, and support the implementation of, the Individuals
with Disabilities Education Act; and
``(3) to evaluate the implementation and effectiveness of
the Individuals with Disabilities Education Act in
coordination with the National Center for Education
Evaluation and Regional Assistance.
``(c) Applicability of Education Sciences Reform Act of
2002.--Parts A and F, and the standards for peer review of
applications and for the conduct and evaluation of research
under sections 133(a) and 134, respectively, shall apply to
the Secretary, the Director, and the Commissioner in carrying
out this part.
``SEC. 176. COMMISSIONER FOR SPECIAL EDUCATION RESEARCH.
``The Special Education Research Center shall be headed by
a Commissioner for Special Education Research (in this part
referred to as `the Special Education Research Commissioner')
who shall have substantial knowledge of the Special Education
Research Center's activities, including a high level of
expertise in the fields of research, research management, and
the education of children with disabilities.
``SEC. 177. DUTIES.
``(a) General Duties.--The Special Education Research
Center shall carry out research activities under this part
consistent with the mission described in section 175(b), such
as activities that--
``(1) improve services provided under the Individuals with
Disabilities Education Act in order to improve--
``(A) academic achievement, functional outcomes, and
educational results for children with disabilities; and
``(B) developmental outcomes for infants and toddlers;
``(2) identify scientifically based educational practices
that support learning and improve academic achievement,
functional outcomes, and educational results for all students
with disabilities;
``(3) examine the special needs of preschool aged children,
infants, and toddlers with disabilities, including factors
that may result in developmental delays;
``(4) identify scientifically based related services and
interventions that promote participation and progress in the
general education curriculum and general education settings;
``(5) improve the alignment, compatibility, and development
of valid and reliable assessments, including alternate
assessments, as required by section 1111(b) of the Elementary
and Secondary Education Act of 1965;
``(6) examine State content standards and alternate
assessments for students with significant cognitive
impairment in terms of academic achievement, individualized
instructional need, appropriate education settings, and
improved post-school results;
``(7) examine the educational, developmental, and
transitional needs of children with high incidence and low
incidence disabilities;
``(8) examine the extent to which overidentification and
underidentification of children with disabilities occurs, and
the causes thereof;
``(9) improve reading and literacy skills of children with
disabilities;
``(10) examine and improve secondary and postsecondary
education and transitional outcomes and results for children
with disabilities;
``(11) examine methods of early intervention for children
with disabilities, including children with multiple or
complex developmental delays;
``(12) examine and incorporate universal design concepts in
the development of standards, assessments, curricula, and
instructional methods as a method to improve educational and
transitional results for children with disabilities;
``(13) improve the preparation of personnel, including
early intervention personnel, who provide educational and
related services to children with disabilities to increase
the academic achievement and functional performance of
students with disabilities;
``(14) examine the excess costs of educating a child with a
disability and expenses associated with high cost special
education and related services;
``(15) help parents improve educational results for their
children, particularly related to transition issues; and
``(16) address the unique needs of children with
significant cognitive disabilities.
[[Page S5450]]
``(b) Standards.--The Commissioner of Special Education
Research shall ensure that activities assisted under this
section--
``(1) conform to high standards of quality, integrity,
accuracy, validity, and reliability;
``(2) are carried out in conjunction with the standards for
the conduct and evaluation of all research and development
established by the National Center for Education Research;
and
``(3) are objective, secular, neutral, and nonideological,
and are free of partisan political influence, and racial,
cultural, gender, regional, or disability bias.
``(c) Plan.--The Commissioner of Special Education Research
shall propose to the Director a research plan, developed in
collaboration with the Assistant Secretary for Special
Education and Rehabilitative Services, that--
``(1) is consistent with the priorities and mission of the
Institute and the mission of the Special Education Research
Center;
``(2) is carried out, updated, and modified, as
appropriate;
``(3) is consistent with the purpose of the Individuals
with Disabilities Education Act;
``(4) contains an appropriate balance across all age ranges
and types of children with disabilities;
``(5) provides for research that is objective and uses
measurable indicators to assess its progress and results;
``(6) is coordinated with the comprehensive plan developed
under section 661 of the Individuals with Disabilities
Education Act; and
``(7) provides that the research conducted under part D of
the Individuals with Disabilities Education Act is relevant
to special education practice and policy.
``(d) Grants, Contracts, and Cooperative Agreements.--In
carrying out the duties under this section, the Director may
award grants to, or enter into contracts or cooperative
agreements with, eligible entities.
``(e) Applications.--An eligible entity that wishes to
receive a grant, or enter into a contract or cooperative
agreement, under this part shall submit an application to the
Director at such time, in such manner, and containing such
information as the Director may require.
``(f) Dissemination.--The Special Education Research Center
shall--
``(1) synthesize and disseminate, through the National
Center for Education Evaluation and Regional Assistance, the
findings and results of special education research conducted
or supported by the Special Education Research Center; and
``(2) assist the Director in the preparation of a biennial
report, as described in section 119.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this part such
sums as may be necessary for each of fiscal years 2004
through 2009.''.
(b) Conforming Amendments.--
(1) Education sciences reform act of 2002.--The Education
Sciences Reform Act of 2002 (20 U.S.C. 9501 et seq.) is
amended--
(A) in section 111(b)(1)(A) (20 U.S.C. 9511(b)(1)(A)), by
inserting ``and special education'' after ``early childhood
education''.
(B) in section 111(c)(3) (20 U.S.C. 9511(c)(3))--
(i) in subparagraph (B), by striking ``and'' after the
semicolon;
(ii) in subparagraph (C), by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(D) the National Center for Special Education Research
(as described in part E).'';
(C) in section 115(a) (20 U.S.C. 9515(a)), by striking
``including those'' and all that follows through ``such as''
and inserting ``including those associated with the goals and
requirements of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.), the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.), and the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), such
as''; and
(D) in section 116(c)(4)(A)(ii) (20 U.S.C.
9516(c)(4)(A)(ii) is amended by inserting ``special education
experts,'' after ``early childhood experts,''.
(2) Elementary and secondary education act of 1965.--
Section 1117(a)(3) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6317(a)(3)) is amended by striking
``part E'' and inserting ``part D''.
(c) Transition Provisions.--
(1) Orderly transition.--Notwithstanding any other
provision of law, the Secretary of Education shall take such
steps as are necessary to provide for the orderly transition
to, and implementation of, part E of the Education Science
Reform Act of 2002, as enacted by subsection (a), from
research activities carried out under section 672 of the
Individuals with Disabilities Education Act (as such section
was in effect on the day before the date of enactment of this
Act).
(2) Continuation of awards.--The Secretary of Education
shall continue research awards made under section 672 of the
Individuals with Disabilities Education Act (as such section
was in effect on the day before the date of enactment of this
Act) that are in effect on the day before the date of
enactment of this Act in accordance with the terms of those
awards.
(d) Effective Dates.--Notwithstanding any other provision
of law--
(1) the amendments made by subsections (a) and (b) of this
section shall take effect on October 1, 2004; and
(2) section 672 of the Individuals with Disabilities
Education Act (as such section was in effect on the day
before the date of enactment of this Act) shall remain in
effect through September 30, 2004.
SEC. 302. NATIONAL BOARD FOR EDUCATION SCIENCES.
Section 116(c)(9) of the Education Sciences Reform Act of
2002 (20 U.S.C. 9516(c)(9)) is amended by striking the third
sentence and inserting the following: ``Meetings of the Board
are subject to section 552b of title 5, United States Code
(commonly referred to as the Government in the Sunshine
Act).''.
SEC. 303. REGIONAL ADVISORY COMMITTEES.
Section 206(d)(3) of the Education Sciences Reform Act of
2002 (20 U.S.C. 9605(d)(3)) is amended by striking
``Academy'' and inserting ``Institute''.
TITLE IV--COMMISSION ON UNIVERSAL DESIGN AND THE ACCESSIBILITY OF
CURRICULUM AND INSTRUCTIONAL MATERIALS
SEC. 401. COMMISSION ON UNIVERSAL DESIGN AND THE
ACCESSIBILITY OF CURRICULUM AND INSTRUCTIONAL
MATERIALS.
(a) Establishment and Purpose.--
(1) Establishment.--There is established a Commission
(hereafter in this section referred to as the ``Commission'')
to study, evaluate, and make appropriate recommendations to
the Congress and to the Secretary on universal design and
accessibility of curriculum and instructional materials for
use by all children, with a particular focus on children with
disabilities, in elementary schools and secondary schools.
(2) Purpose.--The purpose of the Commission is--
(A) to survey the issues related to improving access to
curriculum and instructional materials for children with
disabilities, with and without assistive technologies;
(B) to study the benefits, current or potential costs, and
challenges of developing and implementing a standard
definition of the term universal design as a means to achieve
accessibility of curriculum and instructional materials, and
as the Commission determines necessary, to recommend a
definition for the term universal design, or other terms,
taking into consideration educational objectives, investment
of resources, state of technology, and effect on development
of curriculum and instructional materials;
(C) to examine issues related to the need for and current
availability and accessibility of curriculum and
instructional materials for use in elementary schools and
secondary schools by children with disabilities, gaps in or
conflicts among relevant technical standards, educational
quality, availability of instructional materials, technical
standards, intellectual property rights, and the economic and
technical feasibility of implementing any recommended
definitions; and
(D) to provide the Congress and the Secretary, not later
than 24 months after the date of enactment of this Act, the
report described in subsection (d).
(b) Membership.--
(1) Composition.--The Commission shall be composed of 21
members, of which--
(A) 3 members shall be appointed by the Majority Leader of
the Senate;
(B) 2 members shall be appointed by the Minority Leader of
the Senate;
(C) 3 members shall be appointed by the Speaker of the
House of Representatives;
(D) 2 members shall be appointed by the Minority Leader of
the House;
(E) 8 members shall be appointed by the Secretary including
representatives of States, local educational agencies,
publishers of instructional material, individuals with
disabilities, technical standard setting bodies, and
authorized entities as defined in section 121(c)(1) of title
17, United States Code; and
(F) 3 members shall be appointed by the Registrar of
Copyrights.
(2) Expertise of commissioners.--All members of the
Commission shall be individuals who have been appointed on
the basis of technical qualifications, professional
expertise, and demonstrated knowledge and shall include at
least 4 representatives of each of the following:
(A) publishers of instructional materials, including of
textbooks, software, and other print, electronic, or digital
curricular materials;
(B) elementary and secondary education, including teachers,
special educators, and State and local education officials or
administrators;
(C) researchers in the fields of disabilities, technology,
and accessible media;
(D) experts in intellectual property rights; and
(E) advocates of children with disabilities, including
parents of blind, visually impaired, deaf, hearing impaired,
physically challenged, cognitively impaired, or learning
disabled, or representatives of organizations that advocate
for such children.
(3) Date.--The appointment of the members of the Commission
shall be made not later than 60 days after the date of
enactment of this Act.
(4) Period of appointment and vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers, but shall be filled
in the same manner as the original appointment.
(5) Initial meeting.--Not later than 45 days after the date
on which all members of the Commission have been appointed,
the Commission shall hold the Commission's first meeting.
(6) Meetings.--The Commission shall meet at the call of the
Chairperson.
(7) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(8) Chairperson and vice chairperson.--The Commission shall
select a chairperson and vice chairperson from among the
members of the Commission.
(c) Duties of the Commission.--The Commission shall study
and make recommendations to Congress and the Secretary
regarding--
(1) the purposes of the Commission described in subsection
(a)(2);
(2) priority topics for additional research;
(3) the availability and accessibility of curricula and
instructional materials, including print, software, CD-ROM,
video, and Internet, for use in elementary schools and
secondary schools by children with disabilities, including--
[[Page S5451]]
(A) the numbers of affected children with disabilities, by
grade, age, and type of disability;
(B) the technical and other means by which such materials
are made accessible, such as assistive technologies,
electronic versions, large print, closed captioning, video
description, and Braille, and any conflicts between relevant
technical standards by which instructional materials are made
accessible;
(C) the steps taken by State and local educational agencies
to support accessibility, including through State adoption
and procurement policies, the acquisition and integration of
assistive technology, and any State and local requirements or
standards;
(D) timeliness of receipt of such materials by children
with disabilities; and
(E) continued barriers to access to such materials; and
(4) the potential and likely effects of providing
accessible or universally designed materials for all students
in elementary schools and secondary schools, with a
particular focus on children with disabilities, including--
(A) an analysis of the current and potential costs to
develop and provide accessible instructional materials, with
and without specialized formats, to publishers, States, local
educational agencies, schools, and others, broken down by--
(i) type of disability, including physical, sensory, and
cognitive disability;
(ii) type of instructional materials, including by grade
and by basal and supplemental materials; and
(iii) type of media, including print, electronic, software,
web-based, audio, and video; and
(B) an analysis of the effects of any recommended
definitions regarding--
(i) the availability and quality of instructional materials
for nondisabled students, and innovation in the development
and delivery of these materials;
(ii) State learning content standards that are media-,
skill-, or pedagogically-based and may therefore be
compromised;
(iii) prices of instructional materials and the impact of
the definitions on State and local budgets; and
(iv) intellectual property rights in connection with the
development, distribution, and use of curriculum and
instructional materials.
(d) Public Hearings.--As part of the study conducted under
this subsection, the Commission shall hold public hearings,
including through the use of the Internet or other
technologies, for the purposes referred to in subsection (a).
(e) Report.--
(1) Interim report.--Not later than 12 months after the
establishment of the Commission, the Commission shall provide
to the Secretary and Congress an interim report on the
Commission's activities during the Commission's first year
and any preliminary findings.
(2) Final report.--Not later than 24 months after the
establishment of the Commission, the Commission shall submit
a report to the Secretary and Congress that shall contain--
(A) recommendations determined necessary regarding
definitions of the terms described in subsection (a)(2)(B);
(B) recommendations for additional research; and
(C) a detailed statement of the findings and conclusions of
the Commission resulting from the study of the issues
identified in subsection (a)(2)(C).
(f) Powers of the Commission.--
(1) Authority of commission.--The Commission may hold such
hearings, convene and act at such times and places, take such
testimony, and receive such evidence, as the Commission
considers necessary to carry out the responsibilities of the
Commission.
(2) Use of mail.--The Commission may use the United States
mails in the same manner and under the same conditions as
other departments and agencies of the Federal Government.
(3) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(4) Compensation.--Except as provided in paragraph (5),
each member of the Commission who is not an officer or
employee of the Federal Government shall serve without
compensation. All members of the Commission who are officers
or employees of the United States shall serve without
compensation in addition to that received for their services
as officers or employees of the United States.
(5) Per diem.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(6) Employment and compensation of employees.--Except as
otherwise provided in this section and consistent with
section 3161 of title 5, United States Code, the Chairperson
may appoint, fix the compensation of, and terminate an
executive director and such additional employees as may be
necessary to enable the Commission to perform the
Commission's duties.
(7) Detailing of federal employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
(8) Temporary and intermittent services.--The Chairperson
of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the daily
equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of such
title.
(g) Termination of the Commission.--The Commission shall
terminate on the date that is 90 days after the date on which
the Commission submits its final report under subsection
(e)(2).
(h) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
$750,000 for fiscal year 2004, and such sums as necessary for
fiscal year 2005 to carry out the provisions of this section.
(2) Availability.--Any sums appropriated under the
authorization contained in this subsection shall remain
available, without fiscal year limitation, until expended.
TITLE V--MISCELLANEOUS
SEC. 501. AMENDMENT TO CHILDREN'S HEALTH ACT OF 2000.
Section 1004 of the Children's Health Act of 2000 (42
U.S.C. 285g note) is amended--
(1) in subsection (b), by striking ``Agency'' and inserting
``Agency, and the Department of Education''; and
(2) in subsection (c)--
(A) in paragraph (2), by striking ``and'' after the
semicolon;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) be conducted in compliance with section 444 of the
General Education Provisions Act (20 U.S.C. 1232g), including
the requirement of prior parental consent for the disclosure
of any education records, except without the use of authority
or exceptions granted to authorized representatives of the
Secretary of Education for the evaluation of Federally-
supported education programs or in connection with the
enforcement of the Federal legal requirements that relate to
such programs.''.
SEC. 502. GAO REVIEW OF CHILD MEDICATION USAGE.
(a) Review.--The Comptroller General shall conduct a review
of--
(1) the extent to which personnel in schools actively
influence parents in pursuing a diagnosis of attention
deficit disorder and attention deficit hyperactivity
disorder;
(2) the policies and procedures among public schools in
allowing school personnel to distribute controlled
substances; and
(3) the extent to which school personnel have required a
child to obtain a prescription for substances covered by
section 202(c) of the Controlled Substances Act (21 U.S.C.
812(c)) to treat attention deficit disorder, attention
deficit hyperactivity disorder, or other attention deficit-
related illnesses or disorders, in order to attend school or
be evaluated for services under the Individuals with
Disabilities Education Act.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall prepare
and submit to Congress a report that contains the results of
the review under subsection (a).
Mr. KENNEDY. I move to reconsider the vote and I move to lay that
motion on the table.
The motion to lay on the table was agreed to.
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