[Congressional Record (Bound Edition), Volume 150 (2004), Part 7]
[Senate]
[Pages 9226-9229]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3144. Mr. HARKIN (for himself, Mr. Hagel, Mr. Kennedy, Ms. 
Collins, Mr. Jeffords, Mr. Coleman, Mrs. Clinton, Mr. Roberts, Ms. 
Mikulski, Mr. Dodd, Mr. Reed, Ms. Stabenow, Mr. Levin, Mr. Rockefeller, 
Mr. Corzine, Mr. Schumer, Mr. Warner, Ms. Murkowski, Mr. Johnson, Mrs. 
Lincoln, and Mr. Pryor) proposed an amendment to the bill S. 1248, to 
reauthorize the Individuals with Disabilities Education Act, and for 
other purposes; as follows:

       In section 611 of the Individuals with Disabilities 
     Education Act (as amended by section 101 of the bill) strike 
     subsection (i) and insert the following:
       ``(i) Funding.--
       ``(1) In general.--For the purpose of carrying out this 
     part, other than section 619, there are authorized to be 
     appropriated--
       ``(A) $12,268,000,000 or the maximum amount available for 
     awarding grants under subsection (a)(2), whichever is lower, 
     for fiscal year 2005, and, there are hereby appropriated 
     $2,200,000,000 for fiscal year 2005, which shall become 
     available for obligation on July 1, 2005 and shall remain 
     available through September 30, 2006, except that if the 
     maximum amount available for awarding grants under subsection 
     (a)(2) is less than $12,268,000,0000, then the amount 
     appropriated in this subparagraph shall be reduced by the 
     difference between $12,268,000,000 and the maximum amount 
     available for awarding grants under subsection (a)(2);
       ``(B) $14,468,000,000 or the maximum amount available for 
     awarding grants under subsection (a)(2), whichever is lower, 
     for fiscal year 2006, and, there are hereby appropriated 
     $4,400,000,000 for fiscal year 2006, which shall become 
     available for obligation on July 1, 2006 and shall remain 
     available through September 30, 2007, except that if the 
     maximum amount available for awarding grants under subsection 
     (a)(2) is less than $14,468,000,000, then the amount 
     appropriated in this subparagraph shall be reduced by the 
     difference between $14,468,000,000 and the maximum amount 
     available for awarding grants under subsection (a)(2);
       ``(C) $16,668,000,000 or the maximum amount available for 
     awarding grants under subsection (a)(2), whichever is lower, 
     for fiscal year 2007, and, there are hereby appropriated 
     $6,600,000,000 for fiscal year 2007, which shall become 
     available for obligation on July 1, 2007 and shall remain 
     available through September 30, 2008, except that if the 
     maximum amount available for awarding grants under subsection 
     (a)(2) is less than $16,668,000,000, then the amount 
     appropriated in this subparagraph shall be reduced by the 
     difference between $16,668,000,000 and the maximum amount 
     available for awarding grants under subsection (a)(2);
       ``(D) $18,868,000,000 or the maximum amount available for 
     awarding grants under subsection (a)(2), whichever is lower, 
     for fiscal year 2008, and, there are hereby appropriated 
     $8,800,000,000 for fiscal year 2008, which shall become 
     available for obligation on July 1, 2008 and shall remain 
     available through September 30, 2009, except that if the 
     maximum amount available for awarding grants under subsection 
     (a)(2) is less than $18,868,000,000, then the amount 
     appropriated in this subparagraph shall be reduced by the 
     difference between $18,868,000,000 and the maximum amount 
     available for awarding grants under subsection (a)(2);
       ``(E) $21,068,000,000 or the maximum amount available for 
     awarding grants under subsection (a)(2), whichever is lower, 
     for fiscal year 2009, and, there are hereby appropriated 
     $11,000,000,000 for fiscal year 2009, which shall become 
     available for obligation on July 1, 2009 and shall remain 
     available through September 30, 2010, except that if the 
     maximum amount available for awarding grants under subsection 
     (a)(2) is less than $21,068,000,000, then the amount 
     appropriated in this subparagraph shall be reduced by the 
     difference between $21,068,000,000 and the maximum amount 
     available for awarding grants under subsection (a)(2); and
       ``(F) the maximum amount available for awarding grants 
     under subsection (a)(2) for fiscal year 2010 and each 
     succeeding fiscal year, and, there are hereby appropriated 
     for each such year an amount equal to the maximum amount 
     available for awarding grants under subsection (a)(2) for the 
     fiscal year for which the determination is made minus 
     $10,068,000,000, which shall become available for obligation 
     on July 1 of the fiscal year for which the determination is 
     made and shall remain available through September 30 of the 
     succeeding fiscal year.
       ``(2) Reauthorization.--Nothing in this subsection shall be 
     construed to prevent or limit the authority of Congress to 
     reauthorize the provisions of this Act.
                                 ______
                                 
  SA 3145. Mr. GREGG proposed an amendment to the bill S. 1248, to 
reauthorize the Individuals with Disabilities Education Act, and for 
other purposes; as follows:

       On page 443, strike lines 3 and 4, and insert the 
     following:

     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.
                                 ______
                                 
  SA 3146. Mrs. CLINTON proposed an amendment to the bill S. 1248, to 
reauthorize the Individuals with Disabilities Education Act, and for 
other purposes; as follows:

       At the end of the bill, add the following:

                         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.''.
                                 ______
                                 
  SA 3147. Mr. GREGG (for himself, Mr. Enzi, and Mr. Grassley) proposed 
an

[[Page 9227]]

amendment to the bill S. 1248, to reauthorize the Individuals with 
Disabilities Education Act, and for other purposes; as follows:

       On page 558, strike lines 7 through 12, and insert the 
     following:
       ``(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.
                                 ______
                                 
  SA 3148. Mrs. MURRAY (for herself, Mr. DeWine, and Mr. Feingold) 
proposed an amendment to the bill S. 1248, to reauthorize the 
Individuals with Disabilities Education Act, and for other purposes; as 
follows:

       In section 602 of the Individuals with Disabilities 
     Education Act (as amended by section 101 of the bill), strike 
     paragraph (22) and insert the following:
       ``(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.

       In section 602 of the Individuals with Disabilities 
     Education Act (as amended by section 101 of the bill), add at 
     the end the following:
       ``(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.
       In section 612(a)(3)(A) of the Individuals with 
     Disabilities Education Act (as amended by section 101 of the 
     bill), strike ``disabilities attending'' and insert 
     ``disabilities who are homeless children or are wards of the 
     State and children with disabilities attending''.
       In section 612(a)(20)(B)(i) of the Individuals with 
     Disabilities Education Act (as amended by section 101 of the 
     bill), strike the semicolon at the end and insert ``, 
     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;''.
       In section 612(a)(20)(B)(v) of the Individuals with 
     Disabilities Education Act (as amended by section 101 of the 
     bill), strike the semicolon at the end and insert ``, 
     including officials who carry out activities under subtitle B 
     of title VII of the McKinney-Vento Homeless Assistance 
     Act;''.
       In section 612(a)(20)(B) of the Individuals with 
     Disabilities Education Act (as amended by section 101 of the 
     bill), add at the end the following:
       ``(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.
       In section 614(a)(1)(D) of the Individuals with 
     Disabilities Education Act (as amended by section 101 of the 
     bill), after clause (iii) insert the following:
       ``(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.
       In section 614(b)(3) of the Individuals with Disabilities 
     Education Act (as amended by section 101 of the bill), add at 
     the end the following:
       ``(D) assessments of children with disabilities, including 
     homeless 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.

       In section 614(d)(1)(B) of the Individuals with 
     Disabilities Education Act (as amended by section 101 of the 
     bill), add at the end the following:
       ``(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.
       In section 614(d)(2) of the Individuals with Disabilities 
     Education Act (as amended by section 101 of the bill), add at 
     the end the following:
       ``(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 or 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.
       In section 614(e) of the Individuals with Disabilities 
     Education Act (as amended by section 101 of the bill), add at 
     the end the following: ``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.''.
       In section 615(a) of the Individuals with Disabilities 
     Education Act (as amended by section 101 of the bill), insert 
     ``, including children with disabilities who are wards of the 
     State,'' after ``children with disabilities''.
       In section 615(b)(2) of the Individuals with Disabilities 
     Education Act (as amended by section 101 of the bill), strike 
     ``or the child is

[[Page 9228]]

     a ward of the State'' and insert ``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''.
       In section 615(b)(2) of the Individuals with Disabilities 
     Education Act (as amended by section 101 of the bill), insert 
     ``in accordance with subsection (o)'' after ``surrogate for 
     the parents''.
       In section 615(b)(7)(A)(ii)(I) of the Individuals with 
     Disabilities Education Act (as amended by section 101 of the 
     bill), strike ``residence of the child,'' and insert 
     ``residence of the child (or available contact information in 
     the case of a homeless child),''.
       In section 615(b) of the Individuals with Disabilities 
     Education Act (as amended by section 101 of the bill), add at 
     the end the following:
       ``(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.
       In section 615(l) of the Individuals with Disabilities 
     Education Act (as amended by section 101 of the bill), strike 
     ``disabilities,'' and insert ``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,''.
       In section 615 of the Individuals with Disabilities 
     Education Act (as amended by section 101 of the bill), add at 
     the end the following:
       ``(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.
       In section 631(a)(5) of the Individuals with Disabilities 
     Education Act (as amended by section 101 of the bill), insert 
     ``, and infants and toddlers in foster care'' after ``rural 
     children''.
       In section 634(1) of the Individuals with Disabilities 
     Education Act (as amended by section 101 of the bill), insert 
     ``, 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'' after ``located 
     in the State''.
       In section 635(a)(6) of the Individuals with Disabilities 
     Education Act (as amended by section 101 of the bill), strike 
     ``hospitals and physicians'' and insert ``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''.
       In section 635(a) of the Individuals with Disabilities 
     Education Act (as amended by section 101 of the bill), add at 
     the end the following:
       ``(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.
       In section 635 of the Individuals with Disabilities 
     Education Act (as amended by section 101 of the bill), add at 
     the end the following:
       ``(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).
       In section 637(a) of the Individuals with Disabilities 
     Education Act (as amended by section 101 of the bill), add at 
     the end the following:
       ``(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.
       In section 637(b)(7) of the Individuals with Disabilities 
     Education Act (as amended by section 101 of the bill), strike 
     ``low-income, and rural families'' and insert ``low-income, 
     homeless, and rural families and children with disabilities 
     who are wards of the State''.
       In section 641(b)(1)(A) of the Individuals with 
     Disabilities Education Act (as amended by section 101 of the 
     bill), strike the period at the end and insert ``, 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.''.
       In section 641(b)(1) of the Individuals with Disabilities 
     Education Act (as amended by section 101 of the bill), add at 
     the end the following:
       ``(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.
       In section 661(d)(3) of the Individuals with Disabilities 
     Education Act (as amended by section 101 of the bill), add at 
     the end the following:
       ``(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;
       In section 661(d) of the Individuals with Disabilities 
     Education Act (as amended by section 101 of the bill), add at 
     the end the following:
       ``(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.
                                 ______
                                 
  SA 3149. Mr. GREGG (for Mr. Santorum) proposed an amendment to the 
bill S. 1248, to reauthorize the Individuals with Disabilities 
Education Act, and for other purposes; 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

[[Page 9229]]

     relating to, this part for a period of time not to exceed 4 
     years with respect to not more than 20 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.

                          ____________________