[Senate Report 104-275]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 416
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-275
_______________________________________________________________________


 
     INDIVIDUALS WITH DISABILITIES EDUCATION ACT AMENDMENTS OF 1996

                                _______


                  May 20, 1996.--Ordered to be printed

                                _______


   Mrs. Kassebaum, from the Committee on Labor and Human Resources, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                         [To accompany S. 1578]

    The Committee on Labor and Human Resources, to which was 
referred the bill (S. 1578) to amend the Individuals with 
Disabilities Education Act to authorize appropriations for 
fiscal years 1997 through 2002, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment in the nature of a substitute and recommends that the 
bill (as amended) do pass.

                                CONTENTS

                                                                   Page
  I. Introduction.....................................................1
 II. Background and need for the legislation..........................7
III. Legislative consideration and votes in committee................25
 IV. Explanation of bill and committee views.........................25
  V. Cost estimate...................................................73
 VI. Regulatory impact statement.....................................77
VII. Section-by-section analysis.....................................77
VIII.Additional views of Senators Gregg and Coats....................83

 IX. Additional views of Senate Gorton...............................85
  X. Changes in existing law.........................................86

                            I. Introduction

    On March 21, 1996, the Committee on Labor and Human 
Resources, on a unanimous recorded vote of 16 to 0, ordered 
favorably reported S. 1578, the Individuals with Disabilities 
Education Act Amendments of 1996.
    The bill is sponsored by Senator Frist, chairman of the 
Subcommittee on Disability Policy, and cosponsored by Senators 
Harkin, Bingaman, Bumpers, Burns, Chafee, Craig, DeWine, Dodd, 
Domenici, Feingold, Ford, Hutchison, Inhofe, Inouye, Jeffords, 
Kempthorne, Kennedy, Kohl, McCain, McConnell, Mikulski, 
Murkowski, Pell, Pressler, Simon, Simpson, Stevens, and Warner.

                           Summary of S. 1578

    Senate bill 1578 amends parts A through H of the 
Individuals with Disabilities Education Act (IDEA). The bill 
reduces unnecessary administrative burden and increases 
flexibility for State and local educational agencies, while 
continuing the national commitment to ensure that all children 
with disabilities have available a free appropriate public 
education.

                                Title I

General provisions

    Title I of the bill amends part A of IDEA. It updates the 
findings and purposes of the act to reflect changes made in the 
education of children with disabilities over the past 20 years. 
The purposes are revised to incorporate all relevant IDEA 
programs, including the State grant program under part B, the 
early intervention program for infants and toddlers with 
disabilities under part H, and the various support programs in 
the act, as revised by S. 1578, including part C (systems-
change activities), part D (coordinated research and personnel 
preparation), and part E (coordinated technical assistance, 
dissemination, technology development, and media services).

Grant application procedures for support programs under IDEA

    Title I of the bill further amends part A of IDEA to 
require the Secretary to develop a comprehensive plan for 
activities under parts D and E of the act (as amended by titles 
IV and V of the bill) to enhance services to children with 
disabilities under parts B and H; and to revise the peer review 
process for grants (these provisions apply to parts C though E 
of the act, as amended, and to parts C through G under current 
law, in selected circumstances during the transition year, 
i.e., fiscal year 1997).

                                Title II

Grants to States

    Title II of the bill amends part B of IDEA. The bill 
increases procedural, administrative, and fiscal flexibility to 
States in the provision of special education and related 
services to children with disabilities. Title II of the bill 
reorganizes and simplifies eligibility, procedural guidelines 
and safeguards, and administrative requirements. It increases 
local flexibility in the use of funds and in program 
innovation; helps children with disabilities succeed in the 
general education curriculum and participate in statewide and 
districtwide assessments of student progress; and links Federal 
studies and evaluations to critical ongoing needs for 
information.

Funding formula

    No change to the current funding formula is made in title 
II of the bill.

State eligibility

    Title II of the bill streamlines the State eligibility 
requirements in the act. Each State will submit new information 
only once to the U.S. Department of Education to demonstrate 
eligibility under part B of the act, and then amend such 
information only when substantial changes in State law or 
policy are made.

Local educational agency eligibility

    The bill simplifies the eligibility process for local 
educational agencies (LEAs). Each State Educational Agency 
(SEA) may allow LEAs in the State to submit new information to 
the SEA only once, and amend such information only when 
substantial changes in local policies are made. The bill also 
authorizes increased local flexibility in the use of funds and 
encourages local innovation in serving children with 
disabilities.

Evaluations, reevaluations, individualized education programs (IEPs) 
        and placements

    The bill directs schools to collect evaluation and other 
information that is relevant and necessary to establish a 
child's eligibility for special education and related services, 
and to help teachers instruct children with disabilities. The 
bill also retains the 3-year reevaluation requirement in a 
modified form. Title II also clarifies the IEP requirements by 
placing them in one place in the act and by distinguishing 
between process- and documentation-related activities; and 
emphasizes that the IEP is intended to help a child in the 
general education curriculum and setting. If, because of the 
nature of a child's disability the child needs instruction in 
self-help and social skills, then such instruction shall be 
reflected in the child's IEP.

Discipline

    The bill describes how schools may discipline children with 
disabilities.

Mediation

    The bill requires that States offer voluntary mediation to 
resolve disputes between parents of children with disabilities 
and educational agencies. The act maintains parental rights and 
access to due process.

Attorneys' fees

    The bill provides guidelines for awarding attorneys' fees 
to prevailing parents by direct reference to guidelines laid 
out in Hensley v. Eckerhart. New notification obligations are 
placed on parents who intend to request a due process hearing 
in certain circumstances. If parents fail toprovide such 
notice, their fee award, if they prevail, could be reduced by 
the court.

Policy letters

    The bill prohibits the Secretary from using policy letters 
to establish a rule that is required for compliance with and 
eligibility under part B of IDEA. This limitation applies to 
the use of existing policy letters and future policy letters. 
Summaries and lists of policy letters must be published in the 
Federal Register in a timely manner.

Reports and evaluations

    The bill simplifies State reporting requirements and links 
Federal studies and evaluations more closely to provisions in 
the act as amended. It mandates certain studies that require 
national longitudinal data. It establishes special data 
collection and reporting activities for tracking discipline-
related practices and their effects.

Funding obligations of noneducational agencies

    The bill requires interagency agreements and reimbursement 
mechanisms to ensure that educational agencies have access to 
funding from noneducational public agencies that are 
responsible for services that are also necessary for ensuring a 
free appropriate public education to children with 
disabilities.

Unilateral placement by parents of children with disabilities in 
        private schools

    The bill clarifies the conditions under which an LEA may, 
or may not, be required to pay for the education of a child 
with a disability who is unilaterally placed in a private 
school by the child's parents.

Transition from part H programs

    The bill ensures that the State has procedures in place for 
notifying LEAs when educational planning conferences are to be 
convened involving infants and toddlers with disabilities. The 
bill also includes language permitting planning for infants and 
toddlers transitioning to part B programs to begin up to six 
(6) calendar months prior to the child's third birthday.

Comprehensive system of personnel development (CSPD)

    The bill simplifies State requirements with regard to the 
CSPD and LEA involvement with the CSPD.

Professional standards

    The bill clarifies that LEAs may use paraprofessionals who 
are trained and supervised in accordance with State law.

General education initiatives

    The bill ties IDEA to general education reform initiatives 
by requiring States to establish performance goals and 
indicators for children with disabilities and by ensuring that 
these children participate, with necessary accommodations, in 
general Statewide and districtwide assessments of student 
progress.

Local maintenance of effort relief

    The bill provides that the level of expenditures within 
each LEA from State and local funds must not drop below the 
level of such expenditures for the preceding fiscal year, but 
provides four specific exceptions.

Flexibility in use of funds

    The bill gives LEAs greater flexibility in the use of part 
B funds as long as children with disabilities receive needed 
special education and related services.

                               Title III

Promoting systems change to improve educational services and results

    Part C of the act is amended by title III of the bill. The 
bill authorizes a competitive State systems-change grant 
program. States, in partnership with other entities, will be 
able to apply for planning and implementation grants to conduct 
systems-change initiatives to improve early intervention, 
education, and transition services and results for children 
with disabilities.

SEA and LEA assistance and incentives

    The new part C of the act allows for assistance and 
incentives to States and LEAs to address State system wide 
priorities of national significance (e.g., school-based 
discipline strategies, flexible funding strategies, and 
collaborating with general education reform initiatives, and 
how to be accountable for and measure the progress of children 
with disabilities).

Linkages

    Overtime, information derived from grants under the new 
part C of the act will affect and be coordinated with training, 
research, technical assistance, and dissemination activities 
authorized under parts D and E of IDEA, as amended by titles IV 
and V of the bill.

Collaboration

    The bill allows a State to collaborate with other States 
and other entities to address regional or national systemic 
problems or issues.

                                Title IV

Improving educational services and results for children with 
        disabilities through coordinated research and personnel 
        preparation

    Title IV of the bill amends part D of the act. The bill 
provides for research, demonstrations, outreach, and personnel 
preparation activities which are coordinated with local and 
State efforts to improve educational systems and to improve 
early intervention and educational results for children with 
disabilities. The bill consolidates programs authorized in 
parts D and E in current law.

Research and innovation

    The bill authorizes funding for research and innovation 
activities under the areas of new knowledge production, 
integration of research and practice, and improving the use of 
professional knowledge.

Personnel preparation

    The bill authorizes funding for personnel preparation 
activities under the areas of high-incidence disabilities, 
leadership preparation, low incidence disabilities, and 
projects of national significance.

                                Title V

Improving educational services and results for children with 
        disabilities through coordinated technical assistance, support 
        and dissemination

    Title V of the bill consolidates programs authorized in 
parts D and E in current law. Title V authorizes the continued 
funding of Parent Training and Information Centers that provide 
information and training to parents, helping them participate 
in the education of their child with a disability.

Technology and media

    The bill authorizes funding for technology and media 
projects that help children with disabilities and their 
families understand, access and benefit from assistive 
technology, special media and captioned materials. It also 
authorizes funding for technical assistance and dissemination 
of information through clearinghouses, one national resource 
center, multiple regional resource centers, and several 
special-focus technical assistance centers.

                                Title VI

Infants and toddlers with disabilities

    Title VI of the bill amends part H of the act, the early 
intervention program for infants and toddlers with 
disabilities. Title VI contains minor amendments to part H.

At-risk infants and toddlers

    The bill permits States that are not currently serving 
infants and toddlers at risk of developing disabilities to 
refer these children to other (nonpart H) services, and to 
conduct periodic follow-ups on each referral to determine if 
the child's eligibility under part H has changed.

Developmental delay

    The bill directs the Federal Interagency Coordinating 
Council to convene a panel to develop recommendations regarding 
a model definition of ``developmental delay'' to assist States, 
as appropriate, with their respective definitions.

Transition to preschool

    To promote a smooth transition for toddlers with 
disabilities from the part H program to preschool services 
under part B, the bill permits educational planning to begin up 
to 6 months before the child's third birthday, if the parents 
and appropriate agency personnel agree.

              II. Background and Need for the Legislation

                          Legislative History

    In 1966, Congress established a State grant program for the 
Education of Handicapped Children under Title VI of the 
Elementary and Secondary Education Amendments of 1966 (P.L. 89-
750). In 1970, Congress established the Education of the 
Handicapped Act as Title VI of Public Law 91-230. With the 
enactment of Public Law 91-230, the State grant program 
established in 1966 was redesignated as part B of the EHA. In 
1975, Congress enacted the Education for all Handicapped 
Children Act (P.L. 94-142), which made significant amendments 
to the part B program to address major problems facing the 
education of children with disabilities. (The EHA was renamed 
the Individuals with Disabilities Education Act (IDEA) by P.L. 
101-476 in 1990). Prior to the enactment of P.L. 94-142, it was 
estimated that 1 million children were excluded from the public 
school system and another 4 million children did not receive 
appropriate educational services to enable them to have an 
equal educational opportunity.
    P.L. 94-142 sought to remedy this situation by providing 
(1) a free appropriate public education (FAPE) to each child 
with a disability; and (2) by providing procedural safeguards, 
including due process, to protect the rights of children with 
disabilities and their families.
    Twenty-one years ago, before P.L. 94-142, a newborn with 
disabilities had little hope of receiving help during the 
critical early years of development; most severely disabled 
children who went to school were segregated in buildings away 
from their siblings and peers; and many young people with 
disabilities were destined for lives spent in an institution. 
Young people with less-obvious disabilities were denied access 
to public education because they were considered ``too 
disruptive'' or ``unruly.'' These children tended to grow up on 
the streets and at home with no consistent access to an 
appropriate education.
    Today, after 21 years under The IDEA, infants and toddlers 
with disabilities receive early intervention services; many 
children with and without disabilities attend school together; 
and many young people with disabilities are expected to learn 
life skills and work skills that will allow them to be more 
independent and productive adults. Children without 
disabilities are benefiting from first-hand knowledge of 
disability as a natural part of the human experience, and they 
are benefiting from individualized education techniques and 
strategies developed by the Nation's special educators. 
Children with and without disabilities whose behavior is 
disruptive are benefiting from recently developed positive 
behavior management techniques which are only now becoming 
widely known to and used by educators.
    Children with disabilities are now much more likely to be 
valued members of school communities, and the Nation can look 
forward to a day when people with disabilities will be valued 
members of all American communities. There is no doubt that the 
Nation is moving toward accomplishing the goals it set for 
itself with the passage of IDEA.
    In the 21 years since the enactment of IDEA, bureaucratic 
inefficiencies and procedural inequities have emerged in the 
delivery of general education and special education. Calls for 
educational reform have been made and ambitious plans have been 
developed for improving the performance of schools. Educational 
agencies are actively involved in examining the efficacy of 
traditional approaches to instruction and in developing 
credible improvements. Increasingly, school systems are relying 
on community-based and school-based teams to design or select 
better ways to teach children. Not everyone responsible for or 
involved in educational reform is aware of the discrimination 
faced by children with disabilities and their families before 
IDEA. Thus, it is imperative that the civil right to a free 
appropriate public education for children with disabilities 
established in IDEA be maintained and used as a catalyst to 
promote policies and strategies that reflect the needs of these 
children in connection with school reform or restructuring. It 
is imperative that more is done to make general education and 
special education, systems that blend to help children with 
disabilities and children at risk of failure, succeed.
    Moreover, with the strong public interest in education and 
in greater accountability for results, it is important to use 
the basic civil rights tenets in IDEA to promote the use of the 
general education curriculum and standards associated with it, 
in teaching and judging the educational progress of children 
with disabilities. Educators should be encouraged to consider 
and use indicators of student progress that allow meaningful 
tracking of the progress of children with disabilities along 
with the tracking of other children.
    By preserving rights of children with disabilities to a 
free appropriate public education; by providing school 
districts with new degrees of procedural, fiscal, and 
administrative flexibility; and by promoting the consideration 
of children with disabilities in actions to reform schools and 
make them accountable for student progress, IDEA will remain a 
viable, useful law that will provide guidance well into the 
next century.

                   Hearings, Briefings and Testimony

    The Committee on Labor and Human Resources Subcommittee on 
Disability Policy and its House counterpart held a hearing on 
May 9, 1995, on the 20th anniversary of IDEA focusing on its 
implementation and recommendations for improvement. The 
Subcommittee on Disability Policy held hearings on May 11 and 
16, 1995, on IDEA, focusing on its implementation and 
recommendations for improvement. The subcommittee held a fourth 
hearing on July 11, 1995 to examine issues related to 
disciplining children with disabilities.
    The subcommittee heard from individuals with experience in 
programs for children with disabilities--including those who 
are enrolled in such programs, their family members, those who 
run programs and researchers and teacher trainers supporting 
programs. In addition, the subcommittee heard testimony from 
the Congressional Research Service, representatives of consumer 
advocacy groups and scholars who study educational programs for 
children with disabilities.
    The general purposes of these hearings were to reaffirm the 
need for the act, to identify its impact on children with 
disabilities, their families, and educators, and to determine 
how to ensure that the act will continue to be a catalyst for 
improvement in educational services for children with 
disabilities into the next century.

Summary of hearings

    The first hearing, May 9, 1995, was a joint hearing before 
the Subcommittee on Disability Policy of the Committee on Labor 
and Human Resources, U.S. Senate and the Subcommittee on Early 
Childhood, Youth, and Families of the Committee on Economic and 
Educational Opportunities, U.S. House of Representatives. The 
focus of this hearing, in recognition of the 20th anniversary 
of IDEA, was the rationale for the law, its impact on the lives 
of children with disabilities and their families, and 
recommendations for its improvement.
    On May 9 the subcommittees heard testimony from 13 
witnesses, including Senators Jim Jeffords of Vermont and Paul 
Simon of Illinois. Both were Members of the House of 
Representatives when P.L. 94-142, the Education for All 
Handicapped Children Act of 1975 was enacted on November 29, 
1975. (P.L. 94-142 amended the Education of the Handicapped 
Act.) The subcommittee also received written testimony from 
John Brademas, the original House sponsor of the legislation 
and chairman of the House Subcommittee on Select Education at 
the time.
    Because of their involvement in events that influenced the 
enactment of IDEA's antecedent, P.L. 94-42, witnesses on May 9 
were able to offer a historical perspective, a sense of the 
impact of the law, and suggestions for improvement in the law. 
Witnesses had participated in landmark court cases in the early 
1970s, served as staff on House or Senate committees drafting 
the legislation that became P.L. 94-42, or were advocates who 
influenced the legislation as it was moving through Congress.
    All witnesses endorsed the original intent of the 
legislation to provide each child with a disability with access 
to a free appropriate public education. They also acknowledged 
that, in large measure, the approach the law laid out with 
regard to rights and responsibilities has worked to benefit 
children with disabilities and to strengthen the capacity of 
schools and professionals to accommodate the children's special 
needs.
    The second hearing, held by the Senate Subcommittee on 
Disability on May 11, 1995, had ``partnership'' as its theme--
partnership between friends, between parents and their 
children, between students and educators, between special and 
general educators, between teachers and administrators, and 
between teachers and researchers--partnerships that have worked 
in part because IDEA has provided the framework and resources 
that have facilitated the provision of a free appropriate 
public education to children with disabilities. Twenty 
witnesses testified. Witnesses were young people who had 
graduated from high school and who had benefited from special 
education, current students who brought a perspective on 
special education services now, special educators including a 
gifted and talented educator, local and State special education 
administrators, teams of special and general educators who work 
together in classrooms, university professors of special 
education, and university researchers.
    The focus of the third hearing on IDEA was broad in scope. 
Held on May 16, 1995, it focused on the flexibility in part B 
of IDEA (the State grant program which authorizes funds for 
States to spend on special education and related services for 
children with disabilities between 3 through 21 years of age, 
and specifies requirements that must be met in order to receive 
funds) and the effects of such flexibility; the participation 
of children with disabilities in statewide and districtwide 
assessments of student progress; the need to include children 
with disabilities in school reform initiatives; and the 
importance of taking research about high incidence disabilities 
into account in the design of new approaches to instruction and 
grouping of children. Seven witnesses testified before the 
subcommittee on May 16, 1995. Witnesses included a parent who 
chairs her State interagency coordinating council, State 
special education directors, the special education assistant 
superintendent of a large urban district, and a 
neurophysiologist specializing in learning disabilities.
    The final hearing on the reauthorization of IDEA was held 
by the Subcommittee on Disability Policy on July 11, 1995. The 
purpose of the hearing was threefold: (1) to create a public 
record on the effects of Federal policy on the ability of 
school district personnel to discipline students with 
disabilities who are a danger to themselves or others; (2) to 
learn how part B of IDEA might be amended to spell out the 
scope and limits of school personnel's discretion when 
disciplining such students; and (3) to lay the groundwork for 
an extended dialog on the issue of disciplining students with 
disabilities. The hearing was to provide answers to several 
basic questions: (1) What is current Federal policy? (2) Is the 
policy understood? (3) Is the policy followed? (4) When it is 
followed, does it work? (4) To the extent that it is not 
understood, is not followed, or does not work, how can it be 
strengthened? Ten witnesses testified. Witnesses included a 
Congressional Research Service staff attorney, a superintendent 
of a large urban district, a parent representative for people 
with attention deficit disorder, a representative of the 
national PTA, representatives of associations of teachers, 
principals and school boards, and advocates who have worked 
with IDEA.

Testimony

            Conditions prior to the enactment of P.L. 94-142
    In the May 9 hearing, Thomas Gilhool, an attorney with the 
Public Interest Law Center of Philadelphia, Martha Ziegler, the 
executive director of the Federation for Children with Special 
Needs, and other witnesses indicated that many children with 
disabilities were being denied an education prior to the 
enactment of P.L. 94-142. This was affirmed by John Brademas, 
president of New York University and in 1974 the chairman of 
the House Subcommittee on Select Education, in written 
testimony. According to several witnesses on May 9, these 
children were being characterized as uneducable and 
untrainable, too disruptive, not yet of sufficient mental age, 
or unable to benefit from further education. Those that were 
being educated were taught in segregated, often substandard 
settings.
    Mr. Gilhool, an attorney for the plaintiff in Pennsylvania 
Association for Retarded Citizens v. the Commonwealth of 
Pennsylvania (the PARC case), and other witnesses: Thomas 
Masterson, the judge that authored the PARC decision, and 
Dennis Haggerty, the master in the implementation of the 
consent decree in the PARC decision, each affirmed that the 
14th Amendment (the equal protection clause) of the 
Constitution establishes the civil right to an education for a 
child with a disability. This right was at issue in the PARC 
case. The PARC decision and the decision in Mills v. the Board 
of Education, Washington, D.C. (the Mills case), which involved 
the denial of education to children who were thought to be 
serious discipline problems, laid the legal groundwork for P.L. 
94-142.
    On May 9, Mr. Tepper, an attorney for the plaintiff in the 
Mills case, recounted the practice of denying an education to 
children with disabilities in Washington, D.C. and raised 
questions about the consequences of denying an education to 
children with disabilities.

          In the early 1970s, the District of Columbia had 
        thousands of kids out of school on suspension. Of them, 
        over 3,000 were suspended as behavioral problems who 
        were actually exceptional children.* * * Picture in any 
        given year 3,000 or so school-aged children out of 
        school indefinitely, growing older without education or 
        training. * * * Children all too quickly become adults. 
        What do you see these modern-day outcasts doing each 
        day? Would you expect them to learn anything useful? 
        Would you expect them to be able to do something next 
        year that they could not do now? Under whose daily 
        influence do you see them completing their childhood?

    John Brademas expressed in his written testimony that 
Congress was compelled to act to ensure an education for 
children with disabilities; that there was overwhelming 
bipartisan support for such action. He also stated that--

          The Education for All Handicapped Children Act [P.L. 
        94-142] was not brought about because John Brademas and 
        several other Members of the House and Senate suddenly 
        decided that the Federal Government should impose some 
        onerous, horrendous mandate on State and local 
        governments to do something they did not want to do. 
        Rather, we wrote a statute that provided States and 
        local school systems additional resources to do what 
        they should have, by their own laws and court orders, 
        been doing but were failing to do.

    Such State actions posed challenges. Fred Weintraub, senior 
director of Publications and Professional Standards, Council 
for Exceptional Children, told the subcommittees on May 9 that 
although in 1974 there was a growing body of literature 
indicating that all children could learn, there were two 
barriers to a free appropriate public education for all 
children with disabilities--there was no one set of rules and 
there was not enough money.
    Mr. Weintraub testified--

        Between the State legislative efforts and the court 
        decisions, we were faced in the late 1960s and early 
        1970s with two problems. One was an emerging set of 
        court decisions that kept changing the rules. Part of 
        the problem was while we were winning the cases, each 
        case created new policy and schools around the country 
        did not know what was a rational set of policies. * * * 
        The second issue was that as the courts and the State 
        legislatures demanded more, school districts found 
        themselves shorter and shorter of dollars to serve the 
        students.

    The importance of funding also was highlighted by Michael 
Resnick, senior associate director of the National School 
Boards Association, and another witness on May 9, the Honorable 
Patricia Wald (now a justice with the U.S. Court of Appeals, 
District of Columbia Circuit), at the time of the Mills case, 
an attorney for the plaintiff. Judge Wald stated that ``special 
education is essential but also expensive.'' In her testimony 
she recalled a statement she made in March 1974 before Chairman 
Brademas' Subcommittee on Select Education, which, at the time, 
was writing the House version of P.L. 94-142.

          No matter what a court or legislature says or no 
        matter what the good intentions of following the law, 
        if money is not there, it cannot be allocated. * * * 
        where special education funds have to compete with 
        regular education funds, there is a continual war 
        between them.

    Lisa Walker, also a witness at the first hearing, 
identified another barrier to the provision of a free 
appropriate public education to children with disabilities. Ms. 
Walker, executive director of the Education Writers Association 
and, at the time of P.L. 94-142, a professional staff member on 
the Senate Committee on Labor and Human Resources, pointed out 
that when children with disabilities were educated, a wide 
range of agencies within and across States were involved. There 
was no single line of authority or responsibility.
    The push to establish one Federal policy on the rights of 
children with disabilities to a free appropriate education was 
helped not only by the desire for one set of rules, substantial 
Federal funding, and a single line of authority, but by three 
other key factors: the recognized value of a parent-educator 
partnership in the educational process; the merits of an 
individual child-centered approach to educational planning; and 
the recognition of the need for procedural safeguards. 
Witnesses recognized these components of the law as primary 
reasons for its continuing viability. In describing the 
rationale for the individualized education program (IEP) in 
P.L. 94-142, Mr. Weintraub made this point on May 9--

          One of the things we all knew, whether Members of 
        Congress, advocates, staff, and others, was we did not 
        know what the proper special education or education for 
        a child may be. We knew that there were millions of 
        children, all whose problem was that they had 
        individual needs that the schools were having 
        difficulty meeting. * * *
          We wanted a law that talked about Johnny, Mary, 
        Susie, not about a class or group of children. So what 
        we said was we needed a system that was individualized, 
        that knew no inherent truth of what was right, but 
        created a process whereby parents, educators and others 
        could come together and reach agreement. If they could 
        not reach agreement, then there was a process to 
        resolve those disagreements. * * *
          The real strength of this legislation [is] that we 
        have got a process that is based on the individual, 
        that leaves it to that child, to their families, to the 
        educators to make what the right decision is.

            Issues that have evolved since the passage of P.L. 94-142
    As in the May 9 hearing, in the three subsequent hearings 
on IDEA, no witness challenged the durability and need for 
IDEA, but many witnesses identified issues that have emerged 
that should be addressed in IDEA reauthorization bill. 
Throughout the hearings, witnesses stressed the need to update 
and strengthen IDEA so that it will continue to serve as civil 
rights protection for children with disabilities, as a source 
of funding for educational programs in which such children 
participate, and as a catalyst for capacity-building and 
innovation within educational environments. The following 
issues figured prominently in testimony: new demands on 
resources; pressure for more school accountability; a need to 
ensure access to emerging educational opportunities for 
children with disabilities; a desire to reduce legal 
confrontation between parents and school districts; expanding 
the capacity of schools to meet the needs of children with 
disabilities; and adjusting the ``stay-put'' rule in IDEA to 
give school authorities increased flexibility in selected 
situations involving actions of children with disabilities that 
violate school discipline policy.
    Testimony from the subcommittee hearings on IDEA formed the 
basis for a set of principles to guide the process of 
reauthorization of IDEA. These principles reflect the progress 
that has occurred over the last twenty-one years under IDEA and 
the opportunities now available to children with disabilities. 
The principles which have shaped the 1996 reauthorization of 
IDEA are as follows, and the principles and the testimony from 
which they were derived are then explained separately below.
    The 1996 IDEA reauthorization principles are:
          1. Children with disabilities and their family 
        members will be the central focus of the 
        reauthorization.
          2. Only those provisions in current law which can be 
        improved upon will be addressed, and those provisions 
        which are working well will be maintained.
          3. Incentives will be provided that encourage schools 
        to serve children, based upon the individual needs of 
        these children within the general education curriculum.
          4. Incentives will be provided to encourage and 
        prepare educators to include children with disabilities 
        in school-wide innovations, reform efforts, and 
        Statewide and districtwide assessments of student 
        progress.
          5. Clear linkages will be created between 
        discretionary programs and State grant programs, so 
        that discretionary grants support improved services for 
        children with disabilities and their family members, 
        contributing to improved educational and transitional 
        results for children with disabilities.
          6. Educators will be given clear guidance on how they 
        may discipline children with disabilities who violate 
        local educational agency or school rules or codes of 
        conduct.
            Focus on children with disabilities and their family 
                    members
    The primary focus of IDEA is and has been the provision of 
a free appropriate public education (FAPE) within the least 
restrictive environment (LRE) for children with disabilities. 
While there has been significant progress toward the attainment 
of this focus, numerous challenges and needs remain. Now that 
most children with disabilities are being served in schools and 
are receiving services and opportunities based on individual 
needs, there remains a need to place greater emphasis on 
improving the quality of services received and on the 
educational and transitional results or outcomes obtained by 
students. Despite progress, the U.S. Department of Education 
Office of Special Education Programs' recent National 
Longitudinal Transition Study of Special Education indicated 
that educational achievement and post-school outcomes for 
children with disabilities remain less than satisfactory. 
Without appropriate interventions, children with disabilities 
representing a diverse range of needs are failing courses and 
dropping out of school, potentially getting in trouble with the 
legal system and spending time in jail. Enrollments of children 
with disabilities in post- secondary education are low, and 
while employment rates are improving, they are still 
unsatisfactory. The committee recognizes that some children are 
unserved and underserved by special education and related 
services and others are inappropriately identified and placed 
in overly-restrictive settings. A major challenge is to ensure 
that children from diverse linguistic and cultural backgrounds 
are appropriately served under IDEA. According to testimony 
delivered during Subcommittee on Disability Policy hearings, 
the quality of services and educational results for children 
with disabilities can be improved by taking the following 
actions:
    (a) Improve IEP process. Testimony indicated that there is 
a need to improve the quality and utility of IEPs for teachers 
and family members. According to many disability advocacy 
groups, the overall purpose of the IEP should be clarified and 
strengthened as planning for children with disabilities within 
the context of the general education curriculum. Further, 
concern was voiced about the lack of participation and about 
dissatisfaction of parents with the process and content of the 
IEP planning meetings. In spite of provisions mandating parent 
participation in decision making, parents in many parts of the 
country still feel largely left out of the IEP process. Laurie 
Collins, parent of a child with disabilities from the State of 
North Carolina, testified on May 16, 1995--

          I think we always must remember that children are 
        part of a whole, that they do not exist out there in a 
        vacuum, and that for the law to really work, it has to 
        work with the family. I think there is a lot of concern 
        about funding the cost of school systems helping 
        families; they feel they have enough on their plate 
        dealing with the children.

    Several other witnesses testified about their 
unsatisfactory experiences with IEP meetings and their 
unsuccessful efforts to obtain appropriate services for their 
children.
    (b) Monitor results, not only process. In testimony, 
witnesses said that the role of the Federal Government should 
not be limited to monitoring compliance with the provisions of 
part B of IDEA but should also monitor the quality of services 
delivered, as assessed by improved educational and transitional 
results for children with disabilities. Monitoring has often 
focused solely on student access and the provision of services 
rather than upon the results achieved. In the Subcommittee on 
Disability Policy hearing on May 16, l995, several witnesses 
testifying in support of the reauthorization addressed the need 
for improved accountability for educational results for 
children with disabilities. Dr. Steve Kukic, director of 
Services for Students at Risk at the Utah State Department of 
Education, testified that--

          The National Association of State Directors of 
        Special Education produced a model for a balanced 
        system of accountability. In this model, we suggest 
        that system results, individual student learning, and 
        results and inputs and processes are all essential if 
        you are going to have a balanced system for 
        accountability. With all three of these aspects of 
        accountability being strong, we really will have a 
        chance of being able to provide excellence with equity 
        for all students.

    Brian McNulty, associate commissioner for the Colorado 
Department of Education, testified --

          For the last 20 years we have focused on the 
        processes of service provision and now we must turn our 
        attention to the outcomes of our efforts, we must look 
        at student performance. The focus of an IEP has been on 
        meeting the legal requirements and assuring that all 
        the federally required components have been completed. 
        Federal and State monitoring have been required of the 
        process and the components, but not of the content or 
        student performance. As States move toward establishing 
        content standards and assessments, there should be an 
        alignment in IEPs and we should begin focusing on 
        student progress toward meeting those standards.

     Charlene Greene, director of Special Education for Chicago 
Public Schools, testified--

           It is no longer acceptable to assume that mere 
        compliance with the process-oriented procedures of IDEA 
        will automatically yield an outcome of improved student 
        performance.

     (c) Connect evaluations to student instruction. Witnesses 
urged that in order for students to achieve improved results, 
parents and teachers need usable information about children 
with disabilities' strengths and weaknesses, and the services 
and supports necessary to address students' needs within the 
general education curriculum. Too often, evaluations and 
reevaluations consist of a battery of standardized tests that 
are unrelated to the child's instruction and/or academic 
progress. In testimony, there was agreement that excessive 
attention is devoted to identifying a disability, rather than 
gathering assessment information about what the student knows 
and needs to know to progress within the general education 
curriculum. Gene Nocha, a parent from the State of Kentucky, 
testified--

           At the IEP meeting, I was asking a group of 
        professionals to think about educational outcomes for 
        all children--even those who did not fit in their boxes 
        and tracks. I had to constantly challenge a group of 
        people to examine their own value system and to explore 
        alternative ways to define and measure student 
        progress.

     Charlene Greene testified--

           Far too often in Chicago as elsewhere across the 
        country, the evaluation process for children with 
        disabilities involves a battery of standardized tests 
        producing information that is commonly unrelated to a 
        student's instruction or academic progress. More time 
        and resources are spent on identifying the child's 
        correct disability label than determining what the 
        child knows, what the child needs to learn, or how the 
        curriculum needs to be modified for the child to reach 
        his/her full potential. We readily determine a 
        student's weaknesses rather than strengths, and, based 
        on these weaknesses, justify the removal of the student 
        from his or her nondisabled peers. IDEA requirements 
        should be redesigned to promote student evaluations 
        that are relevant to instruction and that yield 
        functional analyses of student learning styles.

     (d) Focus on learning, not paperwork. Witnesses indicated 
that there is a need to maximize the extent to which special 
education resources are devoted to teaching and learning of 
children with disabilities and to promote a greater focus on 
quality and results, eliminating instructional irrelevant 
activities and unnecessary paperwork. Flexibility is needed for 
State and local educational agencies to streamline data 
collection requirements and focus on information that is 
helpful to schools and children with disabilities. According to 
the U.S. Department of Education ``Vision Paper,'' research and 
experience have shown that the presence of a special education 
teacher and/or aide can significantly enhance the educational 
experience of all children in the classroom, however, the 
current incidental benefit rule discourages such practices. 
Whenever a special education teacher works in a regular 
classroom with both disabled and nondisabled children, only the 
time spent working with disabled children may be paid for by 
IDEA funds. The rule allows only an ``incidental benefit'' to 
nondisabled children. In practical terms, this means that 
personnel must spend an inordinate amount of time on paperwork 
to document the time and effort spent on working with disabled 
and nondisabled children so that only that portion of the 
salary attributable to time spent solely with disabled children 
is paid for by IDEA funds. Research from a variety of fields 
has shown that there is a need to explore other types of 
accountability measurement that do not detract from focusing 
upon more effective educational services.
     Charlene Greene testified to this concern--

           Federal requirements should support, not penalize, 
        efforts by regular and special education teachers to 
        instruct children with disabilities in the general 
        education classroom. IDEA requirements should recognize 
        the value of and encourage active sharing of expertise, 
        so long as the needs of children with disabilities are 
        met. Currently, special educators who assist in the 
        regular classroom, must prepare and maintain extensive 
        audit trails and waiver requests for approval by the 
        State board of education.

     According to testimony by Dr. Brian McNulty--

           Too often we in education have limited our 
        expectations for children with disabilities. Rather 
        than providing challenging content and instruction, 
        these children have been offered an alternative, low 
        level curriculum. These low expectations result in low 
        performance and dismal results. As States like Colorado 
        move toward establishing rigorous content standards and 
        assessments for all students, we must find new ways to 
        ensure the success of all of the students.

     Further, Dr. James Ysseldyke, director of the National 
Center on Educational Outcomes at the University of Minnesota 
testified--

           I believe that considerable progress has been made 
        in documentation of results, yet in spite of the 
        progress we have made, not everyone believes that all 
        students can learn; not everyone believes that we 
        should account for the performance of all students when 
        we make judgments about how we are doing, and not 
        everyone believes that the educational system should be 
        responsible for educating all students. There is 
        tremendous incentive for not including kids with 
        disabilities in statewide assessments. People worry 
        that it will make you look bad. There is research 
        conducted that shows when you put high-stakes 
        assessments in place, and you ask people to be 
        accountable as schools for kids, the referral rate to 
        special education goes up, and kids get retained at 
        grade level.
             Focus on maintaining current law provisions which work 
                    while improving results for children
    During the Subcommittee on Disability Policy hearings on 
May 11 and 16, 1995, several persons provided testimony 
supporting the maintenance of current law provisions for IDEA. 
Persons testifying included Marca Bristo, then chair-designate 
of the National Council on Disability --

           We are pleased to report that our research indicates 
        that the basic principles and features associated with 
        IDEA are as valid today as they were 20 years ago, thus 
        our major finding is that very few amendments are 
        needed to the act itself. There was strong support for 
        the continuation and improvement of IDEA; even within 
        the context of flawed implementation and limited 
        funding, IDEA has made a remarkable difference in the 
        lives of many it has served. What is needed now is 
        significantly improved implementation, leading to a 
        better education for all children. The consumers of 
        special education that we have heard from were 
        overwhelmingly clear that there is a great deal more 
        that Congress, the U.S. Department of Education, and 
        State and local education agencies can do to assure the 
        equal protection of the law and to improve IDEA's 
        implementation. There are still far too many 
        shortcomings in special education practice, yet not a 
        single person of the 400 witnesses advocated for 
        anything but a fine tuning of the legislation.

    In the subcommittee hearing on May 11, Dr. Brian McNulty 
testified--

           After 20 years, any law would benefit from a review, 
        but the Congress could leave IDEA as it is and it still 
        would remain a powerfully effective piece of 
        legislation. More to the point, the act does not need 
        any major changes. While minor changes could be 
        helpful, I would encourage the committee to be cautious 
        in the scope of its review. Millions of children with 
        disabilities and their families look to the Congress to 
        provide leadership, oversight, and resources for 
        training and technical assistance. Without these key 
        functions, we cannot expect to continue our progress, 
        or reach our goal of full productive participation in 
        society for individuals with disabilities.

     Other testimony focused on maintaining and strengthening 
the act's provisions by addressing emerging issues and needs 
for additional guidance.
     (a) Support due process and encourage mediation. Witnesses 
commented that there is a need to continue support for due 
process provisions, while adding voluntary and impartial 
mediation processes in areas of conflict between parents and 
schools. Due process hearings have required the commitment of 
significant amounts of financial and human resources, creating 
adversarial situations with school officials and family members 
viewing each other as opponents rather than partners. In 
response to due process issues, 31 States have developed 
mediation programs offering parents and schools the opportunity 
to learn from each other through mediation of their 
differences. Nancy Diehl, Director of the Parent Information 
and Training Center, Project STEP, from Tennessee testified--

           A direct result of the parent training movement has 
        been that families are often able to work out any 
        difference they have with schools without having to go 
        through the legal proceedings. It is because of these 
        procedural protections that parents are often able to 
        use informal complaint resolution to save money and 
        relationships, resulting in children's programs being 
        improved and school staff and families feeling like 
        partners.

     (b) Strengthen partnerships. Witnesses stated that there 
is a need to maintain and strengthen partnerships among the 
Parent Training and Information Programs, organizations of 
adults with disabilities, State educational agencies, and local 
educational agencies. Mr. Joe Fisher, Director of Special 
Education for the State of Tennessee, testified--

           Parent training partnership activities in Tennessee 
        are based on the teaching and collaboration of our 
        lawmakers, special educators, and regular educators, 
        and parents as partners in creating and sharing a 
        vision of systems-change that positively affects 
        practices at the local education level. As we begin to 
        unify our efforts at every agency level, we will be 
        creating greater access and success for special 
        students and transforming education for all students.
             Encourage schools to serve children based on the student's 
                    needs within the general education curriculum
    In the May, 1995 subcommittee hearings, several persons 
testified that IDEA would be more effective if amendments to 
strengthen the connection between IEPs and the general 
education curricula were included in a reauthorization bill.
    Dr. Brian McNulty of Colorado said--

           Without access to the general education environment, 
        many students will not reach either their potential or 
        the standards that schools are setting. We must 
        increase our commitment to assuring that all children 
        with disabilities have the opportunity to learn 
        alongside their typical peers through more effective 
        monitoring and training of general and special 
        educators.

     Charlene Green of Chicago concurred--

           We must redesign the requirements for IEPs * * * to 
        eliminate its product of fragmented goals with lower 
        expectations and instructional relevance. Instead, the 
        IEP must become an opportunity for parents and teachers 
        to discuss how the student will achieve to high 
        standards and have access to the general education 
        curriculum. It must support the vision that special 
        education is not a separate program or place, but a 
        source of meaningful and effective services.
             Encourage educators to include children with disabilities 
                    in school reform
    Testimony at the May 1995 hearings pointed to a need to 
encourage those responsible for school reform to include 
systems which serve children with disabilities in their 
efforts. Among others, Dr. Brian McNulty of Colorado 
testified--

           Special education must be part of any school-wide 
        reform initiatives. However, current restrictions in 
        funding and staff utilization limit participation. The 
        Congress should consider giving States and districts 
        the authority to implement school-wide improvements 
        similar to those under the Improving America's Schools 
        Act * * * Reform in general education is not possible 
        without reform in special education. To a large degree, 
        special education has always functioned as a pressure 
        relief valve for general education. When children are 
        not succeeding in general education, they are referred 
        to special education. While special education was 
        created to meet the unique learning needs of children 
        with disabilities, it was also intended to be a part of 
        the general education system. Unfortunately, this is 
        not what has occurred.
             Link IDEA discretionary programs to State grant programs 
                    supporting improved educational and transitional 
                    services and results for children with disabilities
    For 21 years, IDEA discretionary programs have contributed 
to the expansion of knowledge among professionals and parents, 
and to improvements in the delivery of services to children 
with disabilities. Each of the 14 programs was created to 
address a specific need, for example: systems-change grants to 
States in the areas of transition for high school students with 
disabilities and service coordination for children with severe 
disabilities have been instrumental in directing attention to 
and improving delivery of services for the targeted 
populations, and discretionary programs have supported a 
variety of professional development and training efforts that 
address personnel quality and quantity issues. Testimony 
delivered during hearings held by the Subcommittee on 
Disability Policy focused on the following related needs and 
issues.
     (a) Link grants through a coordinated program of research 
and training. Discretionary programs have become fragmented 
over the past 15 years with many individual programs and 
numerous earmarks within the individual programs which are not 
linked to States which must address and remove barriers to 
improved services and results for children. Each of the 14 
programs was created to address specific needs that special 
educators and advocates identified as important at that time. 
While the discretionary programs have made important 
contributions over the years, most people agree that they are 
not achieving their full potential. According to the U.S. 
Department of Education, the programs could and should do far 
more in supporting the efforts of families, teachers, schools, 
administrators, researchers, and institutions of higher 
education to work together to improve educational and 
transitional results for children with disabilities. Under 
current law, the 14 separate discretionary programs are free-
standing and self-contained. The multiplicity and narrow focus 
of the programs have contributed to fragmentation which has 
resulted in a lack of substantial support for programs and a 
concomitant lack of substantial impact upon children with 
disabilities in more than a few States or districts. Moreover, 
there are significant gaps in current discretionary authorities 
(e.g., model projects for children with learning disabilities 
are limited to children under 8 years of age; model projects 
for drop-out prevention are limited to students who are in high 
school or who are severely emotionally disturbed).
     (b) Link grants to needs of States. Discretionary programs 
have not been closely linked and/or responsive to the State 
implementation needs related to compliance with parts B and H 
of the act, often resulting in shortages of trained personnel 
and the lack of best practice implementation. Having been 
developed separately over the years to address specific issues, 
many of the discretionary programs bear little relationship to 
each other or to the key challenges that schools and States are 
facing in the implementation of parts B and H of the act. The 
U.S. Department of Education Vision Paper, discusses the need 
to link personnel preparation and research grants more closely 
with the needs of States to implement services to children with 
disabilities. The paper states--

           Grants to institutions of higher education to 
        develop new pre-service and in-service training 
        programs are not linked with ongoing State personnel 
        development activities or to broader State and national 
        goals such as the development of model national 
        standards or cross-categorical certification. The need 
        for coordinated professional development is 
        particularly acute as States, school districts, and 
        schools provide for participation of children with 
        disabilities in curriculum aligned with State standards 
        and the placement of more students in regular 
        classrooms.

     (c) Fund and disseminate practical research. Discretionary 
programs have not been structured or coordinated to support the 
translation of research findings into effective practice, 
resulting in limited implementation and impact in schools and 
with children with disabilities. During hearings of the 
Subcommittee on Disability Policy on May 11, 1996, Dr. Donald 
Deshler, director of the Institute for Research in Learning 
Disabilities, Center for Research on Learning, University of 
Kansas, testified--

           IDEA research has played a very instrumental role in 
        forming administrative decision making, assessment 
        practices, service delivery, and instructional 
        practices. While the direction and nature of services 
        that are provided to individuals with disabilities and 
        their families are best determined at local and State 
        levels, history has taught us that State and local 
        agencies are generally not effective in conceptualizing 
        and directing research and development activities.

     Further, Dr. Steve Kukic testified--

           I think that in the last 20 years, because of IDEA 
        funded research and development, we have unlocked some 
        valid practices, and we know what they are. And for 
        some reason, we have not had the courage to simply 
        implement what we know works with children, and I think 
        we really need to do that. That is going to require all 
        of us in State departments and school districts and 
        universities to swallow hard and admit that some of our 
        long-held biases may not be what are best for kids.

     (d) Address personnel shortages. According to States and 
local school districts, despite the role of IDEA in ensuring 
that personnel preparation programs are responsive to State 
needs, critical shortages exist in the special education 
workforce in both the quality and quantity of personnel 
necessary to work with children with disabilities. During 
hearings of the Subcommittee on Disability Policy on May 16, 
1995, Dr. Herb Rieth, chairman of the Department of Special 
Education of Vanderbilt University, testified--

          Fortunately, due largely to the Federal presence in 
        personnel preparation, more students are being served 
        by qualified staff today than ever before. Over 5 
        million children with disabilities are served by 
        620,000 special educators and related service 
        personnel. It is important to note that in order to be 
        funded, personnel preparation grants must address the 
        personnel needs as identified in the State's 
        Comprehensive System of Personnel Development. This 
        coordination ensures that university-based teacher 
        training programs are responding to the personnel needs 
        and shortages in a State.

    Professional preparation programs for low-incidence groups 
have been especially difficult for individual States to 
support, even if the needs are well-identified, given the 
relatively small number of trainees and the high costs of 
training. Charlene Greene raised a number of questions relating 
to the need for quality and quantity of personnel in special 
education under current organizational models. Concerning the 
availability of personnel, she testified--

          The city of Chicago, like other school districts 
        across the country, is experiencing unprecedented staff 
        shortages. We currently have a need for over 1,000 
        appropriately certified staff persons for special 
        education and related service positions. As cash-
        strapped systems sought to save fiscal resources 
        through early retirement incentives, a shrinking labor 
        pool of special education teachers exacerbated existing 
        shortages. Critical shortages in speech and language 
        and bilingual special education compound the matter.

    (e) Address organizational development needs. During the 
May hearings, both parents and professionals spoke of a need 
for training to help special educators and general educators 
work together in one system. Ms. Greene of Chicago provided 
testimony concerning the need to restructure personnel training 
programs--

          Educational reform and paradigm shifts are charging 
        full speed ahead in an environment in which special 
        education and regular education have operated as 
        separate systems, with separate bureaucracies and 
        separate higher education training programs. Regular 
        education teachers are being asked to include in their 
        classrooms, children with disabilities, even though 
        most of them have no specialized training. Similarly, 
        special education teachers who have been trained to 
        expect a separate working environment are now being 
        asked to collaborate with regular education teachers in 
        their classrooms. A coordinated national, State, local, 
        and higher education strategy is needed if we are to be 
        successful in overcoming this challenge.
            Address discipline-related issues with policy clarification 
                    and personnel training
    A separate hearing was held on July 11, 1995 to discuss 
issues surrounding discipline of children with disabilities, 
``Examining the Effect of Federal Policy on the Ability of 
School Systems to Discipline Students with Disabilities.''
    In that hearing, Dr. Steve Kukic, director of Services for 
Students at Risk at the Utah State Department of Education, and 
past president of the National Association of State Directors 
of Special Education (NASDSE), argued that the Nation would be 
best served by a ``zero tolerance'' policy including both 
``zero tolerance for violence and zero tolerance for wasting 
even one child or youth.'' Dr. Kukic believes that this policy 
becomes workable under IDEA when teachers receive the support 
they need to learn new approaches to deal with behavior 
problems of children both with and without disabilities, and if 
schools receive help from other agencies through interagency 
agreements.
    In an effort to improve the safety of the Nation's schools 
so that teachers will be able to teach and students will be 
able to learn, participants agreed that major changes to IDEA 
were not necessary, and cessation of services would, in almost 
all cases, be counterproductive. Mr. Charles Weatherly, 
representing the National School Boards Association, 
testified--

          We are asking not to give school officials unilateral 
        authority to suspend or expel children with 
        disabilities. We are not asking to alter the procedural 
        safeguards in any significant extent whatsoever. What 
        we are asking is that the Senate consider an amendment 
        to one provision which is the ``stay put'' provision of 
        the statute. * * * We are asking for some very limited 
        flexibility with school officials to remove [truly] 
        dangerous children from school on a temporary basis. * 
        * * a temporary removal that is not getting rid of 
        them, while parents and school officials sit down and 
        look for an alternative placement that will meet the 
        needs of the child.

    Ms. Marcia Reback, president of the Rhode Island Federation 
of Teachers, representing the American Federation of Teachers, 
testified--

          In a very narrow vein, Honig and IDEA restrictions 
        should be modified--in cases of significant 
        dangerousness the school principal should be empowered 
        to act unilaterally to protect the lives and safety of 
        others. But we also believe that under no circumstances 
        should services be withheld.

    In written testimony submitted by the National Education 
Association, the organization stated that--

          ``Stay put'' should remain intact except in three 
        very limited circumstances: (1) weapons possession; (2) 
        behavior dangerous to self or others; and (3) serious 
        and chronic disruption. When a placement is changed, it 
        is essential that the alternative setting includes 
        elements of the program that help student to learn 
        appropriate behavior.

    Kathleen Boundy of the Center for Law and Education in 
Cambridge, MA and Diane Lipton of the Disability Rights 
Education and Defense Fund in Berkeley, CA testified that the 
current legal framework does not hamstring school officials in 
their efforts to ensure that schools are safe and conducive to 
learning. Parents testifying in the hearing supported efforts 
to control violence and to teach their children responsibility, 
and they voiced strong opinions that children with disabilities 
and their parents should be part of the solution.
    Ms. Shirley Igo, vice president of the National Parent-
Teacher Association testified--

          Violence prevention programs have to be a basis to 
        open up communication * * * There is no violence 
        prevention program that is in place universally, and we 
        have to have that if we are going to make our schools 
        safe * * * And schools have to be parent-friendly.

    Ms. Bonnie Fell, a parent from Skokie, IL, testified that 
IEPs with appropriate accommodations for her children's 
disabilities helped them become more responsible for their 
behavior, overcome frustrations, and improve their self-esteem. 
She testified--

          As involved participants in the IEP process, my sons 
        have learned to take responsibility for their actions 
        and to ask for help in appropriate ways. They realize 
        that having a disability does not mean they are 
        destined to fail. They also understand the consequences 
        of their behavior. * * * It is critically important to 
        give children with disabilities the message that their 
        disability is not in charge of their behavior, and that 
        they are ultimately responsible for their acts or the 
        things that they do, that they cannot say ``I have ADD. 
        What can you do?'' That is not allowed in my house. * * 
        * What skills do you need? * * * One [discipline 
        strategy] cannot fit all. And parents cannot do it 
        alone, teachers cannot do it alone. [We need] teacher 
        training and parent training.

    Throughout the hearing, educators and parents expressed 
that they were committed to working together to find better 
ways to provide better results for children who had problems 
with managing their behavior, and that any amendments should 
support collaboration between parties.
    Kathleen Boundy testified further that solutions discovered 
in collaboration should be shared. Ms. Boundy argued that 
teachers should be given resources that will help them be full 
partners in the process and that practices which are effective 
at helping children manage their behavior should be collected 
and disseminated--

          I certainly would support any change that would 
        affirmatively put more resources and more support to 
        the local educational agencies, to support teachers, to 
        disseminate state-of-the-art practices.

         III. Legislative Consideration and Votes in Committee

    At the request of the chairman of the Subcommittee on 
Disability Policy, the bill was considered directly by the 
Committee on Labor and Human Resources.
    In an executive session of the Committee on Labor and Human 
Resources on Thursday, March 21, 1996, the legislation was 
considered.
    The committee accepted the Frist amendment in the nature of 
a substitute as the subject for all amendments.
    Senator Frist's discipline amendment was accepted by voice 
vote.
    The Gregg amendment expressing the sense of the Senate that 
part B of IDEA should be fully funded failed on a roll call 
vote of 7 to 9.
    Senator Kassebaum's amendment to modify the provisions 
relating to the obligation of a noneducational public agency to 
provide or pay for certain services to children with 
disabilities failed by voice vote.
    The Frist and Harkin amendment to provide for a reduction 
of attorneys fees if parents fail to notify school districts of 
their intent to file for a due process hearing was accepted by 
voice vote.
    A motion to favorably report Senator Frist's amendment in 
the nature of a substitute with technical and conforming 
amendments was unanimously accepted by a roll call vote of 16 
yeas.

            IV. Explanation of the Bill and Committee Views

                      overview of committee views

The right of a child with a disability to an education is preserved

    The committee recognizes that IDEA is a civil rights 
statute. It guarantees access to a free appropriate public 
education for children with disabilities. The IDEA is founded 
in and secured by the 14th Amendment of the Constitution. This 
connection is reinforced through 21 years of case law and 
bipartisan legislative history. Thus, S. 1578 preserves the 
civil right of any child with a disability to a free 
appropriate public education.
    The five principles that guided the development of the 
predecessor to IDEA, P.L. 94-142, are reflected and preserved 
in the committee bill. The five principles are: (1) educational 
planning for a child with a disability should be done on an 
individual basis; (2) parents of a child with a disability 
should participate in educational planning for their child; (3) 
decisions about a child's eligibility and education should be 
based on objective and accurate information; (4) if appropriate 
for a child with a disability, he or she should be educated in 
general education with necessary services and supports; and (5) 
parents and educators should have a means of resolving 
differences about a child's eligibility, IEP, educational 
placement, or other aspects of the provision of a free 
appropriate public education to the child.

Focused accountability expected

    The bill addresses accountability. The committee intends 
that people involved in educational planning for a child with a 
disability will be expected to show results--where a child is 
and where a child is going in terms of the general education 
curriculum. How does he or she do in the classroom? How does he 
or she do on local or statewide assessments of student 
progress? Is a child receiving appropriate services and 
supports to demonstrate what he or she knows and can do? S. 
1578 reshapes expectations for children with disabilities and 
creates a common frame of reference: the general education 
curriculum. The committee knows most children with disabilities 
can learn and benefit from the general education curriculum. 
Some may need to learn it at a slower pace or in a modified 
form. Some may need to demonstrate what they have learned in a 
different way than their peers. Nonetheless, they can learn and 
therefore should have the opportunity to learn what their 
brothers, sisters, and friends are learning.
    The committee believes that unless we secure the general 
education curriculum as the educational anchor for most 
children with disabilities, their ability to succeed on 
districtwide and statewide assessments of student progress will 
be jeopardized. If they fail or perform poorly on such 
assessments, because they were taught from a watered-down 
general education curriculum or a different curriculum, we are 
reinforcing the beliefs of people who say that children with 
disabilities cannot learn as much or as well as other children. 
Moreover, if children are taught from a watered-down general 
education curriculum or a different curriculum, we may 
inadvertently create a justification for ignoring children with 
disabilities when undertaking school reform initiatives.
    The committee anticipates that if the general education 
curriculum is the focus for planning for a child with a 
disability, it will improve communication throughout the system 
among--a child with a disability and peers, educators and the 
child's parents, special educators and general educators, 
related services professionals and teachers, and parents of 
children with and without disabilities. Such a focus also will 
affect expenditures and uses of personnel. The emphasis will 
shift to what services and supports are necessary in order for 
a child with a disability to succeed in the general education 
curriculum. This shift may save a school district money, while 
continuing an appropriate education for a child with a 
disability. If this focus takes off, and the committee believes 
it will work, not only will children with disabilities benefit, 
but children at risk of developing disabilities will benefit, 
because special and general education personnel will acquire 
new skills and supports that will equip them to serve children 
without labeling them first.

Culture in the educational environment should change

    The committee expects that S. 1578 will affect the culture 
of schools--create new bases for teamwork, reinforce existing 
partnerships, and provide incentives to view the delivery of 
educational services to children with disabilities not as a 
distinct, separate mandate, but as an integral part of the 
overall business of education.
    The committee believes that planning the education of any 
child with a disability should not be viewed as a contest, but 
as an opportunity for teamwork. S. 1578 includes many 
provisions which encourage and reinforce teamwork. Parents will 
be a source of information when compiling evaluation data on a 
child suspected of having or known to have a disability. 
Parents will have the opportunity to participate in placement 
meetings in which decisions that affect their child's education 
are made. Parents of children with disabilities will have the 
opportunity to help develop school-based improvement plans 
designed to expand and improve educational experiences for 
their children. Teachers--those who do or could work with 
disabled children--will be involved in providing and 
interpreting information on the educational and social 
strengths, progress, and needs of children with disabilities, 
which is used in IEP meetings. School districts will see a 
substantial reduction in paperwork under IDEA and will have 
increased flexibility on the use of personnel and the fiscal 
tracking of that use. Because of these amendments the committee 
anticipates that there will be more opportunities for educators 
and parents to have common goals; fewer reasons for 
administrators to call IDEA burdensome; more general and 
special education teachers and related services personnel 
working together; more children with disabilities succeeding in 
the general education curriculum; more children with 
disabilities participating in school reform initiatives; and 
most important, more children at risk of failure, succeeding.

Helping each child is an investment in the future

            Early intervention
    The committee recognizes that the part H Early Intervention 
Program has been extremely effective in reaching infants and 
toddlers with disabilities early in their young lives, often at 
birth. This early intervention program helps these young 
children, and their parents, unlock their abilities and become 
prepared to realize maximum benefits from their later preschool 
and school experiences.
    S. 1578 directs the Federal Interagency Coordinating 
Council to develop a model definition for infants and toddlers 
at risk of being developmentally delayed. The committee is 
aware that early intervention professionals are very successful 
at diagnosing and serving infants and toddlers with 
disabilities; that is, disabilities which are discernible 
before, during, or shortly after birth. These professionals are 
experienced in developing appropriate intervention strategies 
for such children. The committee has learned, however, that 
these professionals are less successful in identifying infants 
and toddlers who show more subtle signs indicative of later 
disability. The committee anticipates that the model definition 
eventually will provide early intervention professionals with 
the tools to identify and reach greater numbers of at-risk 
infants and toddlers.
    Through S. 1578, the committee also gives States increased 
administrative flexibility with regard to the transition of a 
child from an early intervention program funded by part H to a 
preschool program funded by section 619 of part B of IDEA. The 
committee believes that this flexibility will provide an 
incentive to focus on what is best for a particular child--
allowing the child to remain in an early intervention program 
after his or her third birthday during a school year and to 
transition to a preschool program in the next school year. This 
flexibility includes the option of allowing the child's 
Individualized Family Service Plan (IFSP) to be the child's IEP 
until planning is done for the next school year. The committee 
believes that as we continue to invest Federal funds in the 
very young lives of infants and toddlers with disabilities, we 
will deliver to our schools children who can learn more easily, 
participate more fully, and be less distinguishable from their 
peers in terms of expectations, progress, and friendships.
            Flexible use of funds
    Under certain conditions, S. 1578 would allow LEAs to 
provide special education services to a child with a disability 
in the regular classroom without having to track the costs of 
any benefit to nondisabled students from those services when 
children eligible for services under IDEA are being served with 
nondisabled children or children identified as disabled under 
the Americans with Disabilities Act of 1990 or section 504 of 
the Rehabilitation Act of 1973; or when a school has a school 
improvement plan in effect. The committee expects that this 
flexibility in the use of IDEA dollars will cause special 
education and general education school officials to rethink how 
services may be delivered more efficiently and more 
effectively, and to focus on each child's unique needs. The 
committee also intends that such flexibility will cause special 
education and regular education teachers to view their roles in 
reaching children as complementary and their responsibilities 
for helping all children to succeed as a joint effort.
    The committee recognizes that many children from minority 
backgrounds are inappropriately identified as being eligible 
for special education and related services under IDEA. The 
committee anticipates that with the opportunity to use IDEA 
funds in more flexible ways, parents, teachers, and 
administrators will not need to use the referral and evaluation 
procedures connected to special education as frequently as in 
the past to secure more or different services for children from 
minority backgrounds.
            No child to be lost or forgotten
    The committee takes a broad view of the concept of 
``dropout.'' In S. 1578, numerous, interrelated provisions have 
been crafted to reduce the likelihood that a child with a 
disability will drop out of school and become disconnected from 
peers and professionals who can contribute to the child's 
growth and success in school. The committee expects that these 
provisions will require affirmative efforts on the part of 
educators, other professionals, and the parents of the child to 
keep the child connected in meaningful ways to the business of 
learning. The committee bill includes three sets of provisions 
which should decrease the number of children with disabilities 
being lost or forgotten by the educational system.
    (a) Integrated transition services for secondary school 
students with disabilities. The committee believes that 
developing a secondary student's IEP for a particular year 
should not be an activity divorced from transition planning for 
the child that may encompass multiple years. Therefore, the 
committee amendments require that schools consider the 
transition needs of a child aged 14 or older as part of the IEP 
process. The committee expects that this clarification should 
result in simplification of administrative procedures. 
Secondary school personnel and personnel responsible for 
transition services, to the extent that they are different, 
will have a common process--the development or modification of 
a student's IEP--in which to make contributions and through 
which to influence what others may propose. Parents and 
children with disabilities will continue to have direct roles 
in the planning process as well. Students at the State-
designated age of majority, in States that transfer rights to 
students, will be able to be the principal representative of 
their own interests and preferences. The committee expects that 
youth with disabilities will be interested and invested in 
decisions that affect their education and post-school choices.
    (b) Clarification of fiscal responsibilities for related 
services. In order to succeed in school and connect to the 
social culture of school, the committee recognizes that 
children with disabilities may need more than specially 
designed instruction. In order to benefit from such 
instruction, they may need one of many related services, such 
as speech therapy, occupational therapy, physical therapy, or 
counseling. Such services may be critical at any time in the 
school years of a child with a disability, because they help a 
child acquire the tools to blend in and be accepted by peers 
and teachers--to communicate, to walk, to sit, to function more 
independently, to hold a pen, to use a keyboard, or to use 
socially appropriate behavior. The committee knows that 
accessing related services personnel can be costly and is not 
always easy, even when cost is not a factor. Thus, the 
committee amendments clearly establish that in certain 
situations fiscal responsibility for such services extends 
beyond school districts; spell out the broader obligation of 
other agencies and entities that could and should absorb such 
costs; and indicate that school districts have the opportunity 
to seek reimbursement from such agencies, when a child's 
eligibility for such services, funded by other than a local 
school district, is known while, at the same time, retaining 
the single line of responsibility being that of State 
educational agencies.
    (c) School discipline and civil rights. The committee 
amendments on discipline offer educators and parents guidelines 
written in law on how to intervene and respond to a child with 
a disability who breaks school rules, at any age, at any time. 
These guidelines are reasonable, practical, and based on common 
sense. Once these guidelines are in effect, the committee 
believes that the focus will quickly shift from what a child 
did to how adults can help the child avoid dangerous or 
seriously disruptive behavior in the future. Parents, teachers, 
and principals will know that the law is on their side. They 
will have the right both to ask for help and participate in 
finding a solution. The committee clearly understands that 
attitudes cannot be legislated. However, the committee 
anticipates that, with the discipline provisions in S. 1578, 
the committee has given parents and educators tools with which 
to help children with disabilities, who might otherwise be 
terminally disenfranchised.

The balance in dispute resolution maintained

    Within the committee amendments a systematic effort has 
been made to include provisions that foster collaboration among 
educators and parents--in designing programs and in developing 
a child's IEP. The committee anticipates that precedents set in 
the past and clarifications provided in these amendments will 
sustain and build on the collaboration between parents and 
educators that has been the hallmark of effective, 
individualized educational planning for children with 
disabilities. The committee amendments also highlight the value 
of information and sharing it in a timely manner. These themes 
carry over to amendments made to the procedural safeguards 
section of the law.
    The committee amendments require States to have a voluntary 
mediation system which would allow parents and school districts 
a forum through which to attempt to work out disagreements 
about the education of a child with a disability. By using such 
a system, the committee expects parents and school districts 
may be able to avoid using formal administrative proceedings 
and courts to resolve differences. The committee amendments 
continue to require that school districts give parents 
necessary information about the procedural safeguards in IDEA--
what they are, what they mean, and when they may be used. 
Connected with this school district obligation is a requirement 
that parents be informed of the consequences of providing or 
not providing certain notices to school districts; specifically 
a notice to the school district of parents' intent to file a 
request for due process under specified circumstances.

Support programs to help school districts serve children with 
        disabilities

            Targeted assistance to aid States with needed system wide 
                    improvements
    The committee recognizes that the anticipated positive 
effects of S. 1578 will take time. To help the process, the 
committee restructured the 14 discretionary or support programs 
in IDEA--to facilitate the realization of these desired 
effects. The committee adopted a new part C State grant program 
to help States to address problems that have statewide 
implications. With new targeted funds, the committee expects 
States will be better able to design effective ways for general 
education and special education teachers to work in the same 
classrooms; to develop effective within-school options for 
addressing behaviors subject to school disciplinary measures; 
or to arrange and secure effective transitions for children 
with disabilities from early intervention to preschool 
programs, from high school to the adult world, or at some other 
important time in their lives.
            Training funds allocated to State-based personnel shortages
    In the bill, the committee links funding for personnel 
training and research clearly to the needs of children with 
disabilities, their families, school personnel, and school 
districts. The committee expects any institution that seeks a 
training grant to identify a personnel shortage that they 
intend to address. The committee also expects that any 
institution that seeks to train teachers to work with blind 
children must teach trainees how to teach braille.
            Research targeted on instructional needs and validated 
                    results
    The committee appreciates the fact that research takes 
extended effort. Research results are never immediate and are 
often modest building blocks toward some broader area of 
knowledge. Research requires a sustained, predictable level of 
commitment to funding its infrastructure. However, the 
committee expects researchers to keep their eye on the child in 
the classroom, the teacher in the classroom, the principal in 
the school, the child's parents, the school district, and the 
State Educational Agency. The committee expects researchers to 
provide information that benefits children with disabilities, 
their teachers, or other targeted audiences. Thus, in S. 1578, 
the committee places emphasis in the allocation of research 
dollars on lines of inquiry that are related chains of projects 
that will result in information that help teachers and others 
to assist children with disabilities succeed in the general 
education curriculum.
            Results-oriented dissemination and technical assistance
    In the bill, the committee maintains and reorganizes the 
Federal commitment to support information that helps children 
with disabilities, their parents, teachers, related service 
personnel, early intervention professionals, administrators, 
researchers, teacher trainers, and others learn about, access, 
and use state-of-the-art tools and strategies to be successful, 
to be effective as partners in the business of education. The 
committee intends for grantees who are involved in the business 
of information gathering and dissemination and the grantees who 
are responsible for technical assistance to make a difference--
to know their audiences, to provide them with information and 
assistance that they need and can use, and to verify that their 
efforts counted, not just in terms of numbers of people reached 
or pieces of paper disseminated, but lives changed. Detailed 
information on the committee bill is outlined below.

                      TITLE I--GENERAL PROVISIONS

                    Short Title; Findings; Purposes

    Section 101 of the bill amends section 601 of the 
Individuals with Disabilities Education Act (hereafter referred 
to as the ``the act'' or ``IDEA'').
    The bill updates the ``findings'' in section 601(b) of the 
act to reflect changes made in the education of children with 
disabilities over the past 20 years since enactment of the 
Education for All Handicapped Children Act of 1975 (Public Law 
94-142), and to restate that the ``right to equal educational 
opportunities'' is inherent in the equal protection clause of 
the 14th Amendment to the U.S. Constitution.
    The bill modifies the general ``purposes'' of IDEA in 
section 601(c) to incorporate all relevant IDEA programs in the 
purpose statements, including the State grant program under 
part B (which is addressed under current law), the early 
intervention program for infants and toddlers with disabilities 
under part H, and the various competitive authorities under 
parts C, D, and E that provide support to the service programs 
under parts B and H, including systems-change activities, 
coordinated research and personnel preparation, and coordinated 
technical assistance, dissemination, technology development, 
and media services.

                              Definitions

    Section 102 of the bill makes the following amendments to 
the definitions in section 602 of the act:
    The bill adds definitions of ``behavior management plan''; 
``educational service agency'' (to replace ``intermediate 
educational unit''); ``disability''; ``general education 
curriculum''; ``inappropriately identified''; ``individualized 
family service plan (IFSP)'' and ``infant or toddler with a 
disability'' (these terms are used in other parts of the act in 
addition to part H); ``outlying areas''; ``parent'' (to include 
a legal guardian; because of this change, most references to 
``guardian'' are deleted throughout the act when accompanied by 
the term ``parent''); ``supplementary aids and services''; 
``systems-change activities''; ``systems-change outcomes''; 
``transitional services''; and ``unserved and underserved''.
     The committee retains ``social work services'' in the 
definition of ``related services.'' These services include the 
following as they relate to the child's disability: preparing 
social or developmental histories on children with 
disabilities; providing group and individual counseling to 
children and their families; working with problems in 
children's living situations (home, school, and community) that 
affect their adjustment in school; and mobilizing school and 
community resources to optimize the student's potential to 
learn in educational programs. As appropriate, school social 
workers may also design and implement behavior management 
plans, consult with regular education and special education 
teachers, and provide case management for students and families 
requiring multiple services.
    The bill retains the definition of ``transition services.'' 
The committee intends that the list of permissible activities 
in the definition of transition services be interpreted as 
illustrative rather than definitive. In defining ``transition 
services,'' the committee recognized that successful 
transitional strategies can incorporate a variety of services. 
Therefore, the list of available services is not exhaustive.
    The bill deletes the following definitions: ``research and 
related purposes'' (that precise term is not used in IDEA, and 
the provisions on coordinated research in part D, as added by 
the bill, describe in sufficient detail the types of research 
activities that can be carried out under the act); and ``public 
or private nonprofit agency or organization'' (that term was 
used in current law only with respect to participation by 
Indian tribes and, under certain conditions, the Bureau of 
Indian Affairs in competitions under IDEA support authorities. 
The definition is not needed in the act, as revised by the 
bill, because ``an Indian tribe or tribally controlled school 
funded by the Department of the Interior'' is expressly listed 
in section 610(c) as an eligible applicant for such 
competitions); ``under-represented'' (that term is replaced by 
the terms ``inappropriately identified'' and ``unserved and 
underserved''); and ``youth with a disability'' (that term has 
been used on a limited basis under the competitive grant 
authorities, for which no statutory definition is required).
    The committee clarifies what activities and information are 
required in individualized education programs. Under current 
law, substantive provisions of the IEP are located in sections 
602(a)(20), 612(4), and 614(a)(5). The bill revises the 
definition of ``individualized education program,'' by removing 
all substantive provisions, and referring to sections 614(d)-
614(i), where all such provisions, both process and content, 
are now contained.
    The bill makes technical and clarifying amendments to the 
definition of ``local educational agency,'' and adds a new 
subparagraph (C), to state that the term also includes an 
``educational service agency'' (which replaces ``intermediate 
educational unit''). This addition makes it possible to delete 
most of the references to these agencies that accompany 
references to local educational agencies throughout current 
law.
    The bill also replaces most of the lengthy and unwieldy 
definition of ``institution of higher education'' in current 
law with a simple cross-reference to the definition of that 
term in the Higher Education Act of 1965. However, the bill 
retains the language in current law, which clarifies that the 
term ``institution of higher education'' includes any community 
college receiving funding from the Secretary of the Interior 
under the Tribally Controlled Community College Assistance Act 
of 1978. The revised definition would not exclude institutions 
that are covered by the current definition.
    The bill amends the definition of ``related services,'' by 
adding ``orientation and mobility services.'' In addition, the 
bill alphabetizes, and adds headings to, the terms defined in 
section 602, and makes technical and conforming changes to 
certain definitions, including adding a definition for the term 
``child with a disability.'' Current law defines only the 
plural ``children with disabilities''.

                  Office of Special Education Programs

    Section 103 of the bill amends section 603 of the act 
regarding the Office of Special Education Programs (OSEP), the 
Federal office within the U.S. Department of Education that is 
responsible for implementation of IDEA. The bill adds a new 
subsection (c) to authorize the Secretary ``to accept voluntary 
and uncompensated services in furtherance of the purposes of 
this act.''

                Requirements for Prescribing Regulations

    Section 104 of the bill amends section 608 of the act 
(Requirements for Prescribing Regulations) by striking the 
language in subsection (a) and inserting language to provide 
that ``the Secretary shall provide a public comment period of 
at least 90 days on any regulation proposed under part B for 
which a time period for an opportunity for public comment is 
otherwise required.''

                  Eligibility for Financial assistance

    Section 105 of the bill amends section 609 of the act, to 
provide that the Secretary may not make a grant under parts C 
through E to a State, or to any local educational agency or 
other public institution or agency in the State, that relates 
exclusively to programs, projects, and activities pertaining to 
children aged 3 through 5, unless a State is eligible to 
receive a preschool grant under section 619 of the act.

  Administrative Provisions Applicable to Discretionary Grant Programs

    Section 106 of the bill amends section 610 of IDEA 
regarding administrative provisions pertaining to support 
programs under IDEA, including programs under the new part C 
(State Systems Change program), the new part D (Research and 
Personnel Preparation) and the new part E (Technical 
Assistance, Support, and Dissemination of Information). The 
bill reorganizes and substantially revises current section 610, 
as described below.
    The bill requires the Secretary to develop and implement a 
comprehensive plan for activities under parts D and E in order 
to enhance the provision of educational, related, and early 
intervention services to children with disabilities under parts 
B and H. The plan must be developed with the involvement of 
consumers and professionals, and be published in the Federal 
Register for public comment; and, to the extent appropriate, 
funds under parts D and E must be awarded to carry out 
activities that directly or indirectly benefit children with 
disabilities of all ages. This new provision (under subsection 
(b)) replaces the planning requirements under current section 
610(a).
    The bill, in a new subsection (c), identifies eligible 
applicants for awards (State and local educational agencies, 
other public agencies, institutions of higher education, 
private nonprofit organizations, outlying areas, Indian tribes, 
and, in some cases, for-profit organizations), and provides 
that the Secretary may limit individual competitions to one or 
more categories of applicants. With respect to personnel 
preparation awards under section 634, the bill provides that 
``an eligible entity shall demonstrate the capacity to conduct 
personnel preparation activities.''
    Under current law, the Secretary is appropriately given the 
authority to implement the support program activities specified 
in the law (in parts C through G) and may not redirect support 
program dollars to address other priorities. However, the 
committee finds that to further enhance the provision of 
educational, related, and early intervention services to 
children with disabilities under parts B and H, limited fiscal 
flexibility in addition to that already provided under General 
Education Provisions Act must be built into support programs in 
order that the Secretary may, for example, respond in a timely 
manner to newly identified needs in the field. For example, the 
issue of student discipline is a recently identified area of 
concern raised in the field. These concerns have been addressed 
in the amendments to the law. However, future unanticipated 
concerns, needs, or priorities will undoubtedly be generated in 
the field.
    The committee intends to give the Secretary limited 
administrative and fiscal flexibility in the use of support 
program funds to respond to future unanticipated needs 
identified in the field. Thus, the bill provides that a portion 
of funds available under parts D and E (not more than 20 
percent) may be targeted on a specific activity or combination 
of activities developed by the Secretary to address a newly 
identified need in the field, if the activity or combination of 
activities developed by the Secretary under parts D and E is 
consistent with the purposes of those sections from which the 
financial resources are drawn.
    In a new subsection (d)(2), the bill continues the 
provisions of current law with respect to institutions of 
higher education with minority enrollments of at least 25 
percent, including historically black colleges and universities 
and other agencies, by requiring that at least 1 percent of the 
total amount of funds appropriated under parts D and E be used 
for providing outreach and technical assistance to such 
institutions and agencies to promote the participation of all 
such entities in activities under parts D and E.
    In a new subsection (e) (Priorities), the bill requires the 
Secretary to ensure that any awards made under parts D and E 
are only for activities that are designed to benefit children 
with disabilities and their families and the personnel employed 
to work with such children and their families and other 
individuals with disabilities. The bill provides that the 
Secretary may, without rulemaking, limit the grant, contract, 
or cooperative agreement to, or otherwise give priority to, 
eligible entities that carry out certain activities.
    The bill sets out specific applicant responsibilities in a 
new subsection (f), including requiring such applicants to 
involve individuals with disabilities or parents of such 
individuals in all phases of planning, implementing, and 
evaluating a project, and to determine the potential of the 
project for replication and adoption by other entities. The 
bill establishes additional applicant responsibilities related 
to sharing the cost of the project, developing materials in 
formats designed for specific audiences, disseminating such 
materials, and collaborating with other applicants both in 
developing the formats and disseminating the information.
    In a new subsection (g) (Application Management), the bill 
requires a peer review process, with detailed criteria for 
selection of panel members, and permits the Secretary to use 
funds under parts D and E to pay expenses and fees of non-
Federal entities. The bill further provides that the Secretary 
may not use more than 1 percent of such funds to pay non-
Federal entities for administrative support related to 
application management, and permits the use of such funds by 
Federal employees to conduct on-site monitoring of projects 
receiving $500,000 or more for any fiscal year.

                                Repeals

    Section 107 of the bill repeals section 605 of IDEA 
(Acquisition of Equipment and Construction of Necessary 
Facilities). This section is unnecessary because all provisions 
in the section are appropriately addressed under parts 75, 76, 
and 80 of the Education Department General Administrative 
Regulations (EDGAR). The bill also repeals section 607 (Grants 
for the Removal of Architectural Barriers). This section was 
enacted in 1975 with a one-time, limited appropriation; since 
the funds under that appropriation were obligated several years 
ago, the section is no longer germane. The repeal of these two 
sections takes effect on the date of enactment of the IDEA 1996 
amendments.

                            Transition Rule

    Section 108 of the bill provides that section 610 of 
current law, as in effect on the day before the date of 
enactment of the IDEA 1996 amendments, shall apply with respect 
to administrative activities related to parts C through G of 
current law for fiscal years 1996 and 1997.
    The bill also requires the Secretary to use funds 
appropriated under IDEA for fiscal year 1997 to carry out such 
administrative activities as may be necessary, including 
specified activities described in section 610(d)(2) regarding 
evaluation of applications for fiscal year 1998 (as amended by 
section 106 of the 1996 amendments, and parts C, D, and E as 
amended by titles III, IV, and V of such amendments, to ensure 
the effective implementation of parts C, D, and E, and section 
610(d)(2) by October 1, 1997. Section 108 also provides that 
neither that section nor section 106 of the bill should be read 
to permit the Secretary to provide assistance to any person 
prior to that date to carry out any activity under section 
610(d)(2) or parts C, D, and E of the 1996 amendments.

                             Effective Date

    Section 109 of the bill provides that, except as provided 
in section 107, the amendments made by title I of the bill 
shall take effect on October 1, 1997.

  TITLE II--ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES

                      Entitlements and Allocations

    Section 201 of the bill amends section 611 of the act 
(regarding entitlements and allocations to State and local 
educational agencies under part B of IDEA). Although the 
``child count'' formula is retained by the 1996 amendments, the 
bill makes other changes to section 611, as described below.

State activities

    Section 201(a) of the bill amends section 611(c) of the act 
to expand the list of activities that a State may carry out if 
it retains part B funds at the State level (for example: to 
meet the performance goals established under section 612(a)(16) 
of the act; to develop and implement the mediation process 
required by section 615(e) of the act; to supplement other 
funds used to develop and implement a statewide coordinated 
services system, but not to exceed 1 percent of the State's 
allotment under this part; and for other appropriate activities 
consistent with the purposes of part B.)
    It is the committee's intent that States use these funds to 
ensure the provision of a free appropriate public education and 
compliance with other requirements of part B. Appropriate 
activities include but are not limited to: support of low-
incidence populations including support for high-cost 
placements; personnel development including distance learning; 
parent support services; evaluations regarding acquisition of 
assistive technology; support of programs in institutions, 
hospitals, and correctional facilities; support of technical 
assistance and other services to local educational agencies on 
a regional basis; and support of services to preschool age 
children.

Distribution of funds

    Section 201(b) of the bill amends the minimum subgrants 
provision in section 611(d) of the act (which prohibits 
subgrants to small local educational agencies that would 
receive less than $7,500 under section 611). The bill eases 
this restriction by giving States the option to decide whether 
to make subgrants of less than that amount, and adds preschool 
funds received under section 619 to the amount that could be 
counted in determining if a local educational agency meets the 
$7,500 minimum. However, the committee intends that the local 
educational agency shall retain the option (under section 613 
of the act) to decide whether to merge with another local 
educational agency for eligibility purposes. The bill retains 
the provision requiring that, if a State does not make a 
subgrant to a local educational agency, the State must use 
those funds to provide a free appropriate public education to 
children residing in the jurisdiction of that agency.

Outlying areas

    Section 201(c) of the bill amends section 611(e) of IDEA 
(regarding grants to the outlying areas). The bill uses the 
term ``outlying areas'' in lieu of ``jurisdictions,'' and 
defines that term to mean ``the Virgin Islands, Guam, American 
Samoa, the Commonwealth of the Northern Mariana Islands, the 
Republic of the Marshall Islands, the Federated States of 
Micronesia, and the Republic of Palau. The bill explicitly 
requires the outlying areas to use their part B funds in 
accordance with the purposes of IDEA, and not for other 
purposes, as is currently permitted under section 501 of P.L. 
95-134.

Department of the Interior

    Section 201(d) makes technical and conforming changes to 
section 611(f) of IDEA (regarding grants to the Secretary of 
the Interior). The bill also makes other changes with respect 
to the Department of the Interior, including requiring a 
description of the activities carried out under the memorandum 
of agreement between the Secretaries of the Interior and of 
Health and Human Services; submission of an annual report on 
the status of activities required under section 611(f)(4) (A) 
through (F) of the act (in lieu of biennial reports required 
under current law); and submission of annual reports (in lieu 
of biennial reports) from tribes or tribal organizations to the 
Secretary of the Interior.

                           State Eligibility

    Section 202 of the bill establishes a new State eligibility 
provision that simplifies the requirements in current law 
related to State participation under part B. The bill combines 
most of the existing elements contained in sections 612 (State 
eligibility) and 613 (State plans) of the act, so that all 
conditions of State eligibility (such as the policies on free 
appropriate public education, procedural safeguards, and least 
restrictive environment) appear in one comprehensive section.

Eligibility and child find

    The bill amends the ``child find'' requirements 
(redesignated as section 612(a)(3)) to codify current 
Department policy, which provides that so long as a child meets 
the ``two-pronged'' test as a ``child with a disability'' under 
redesignated section 602(a)(4), i.e., the child has a 
disability and needs special education, the child need not be 
classified by a specific disability category in order to be 
eligible for services under part B.
    The committee recognizes that despite the advances that 
have resulted from the release and implementation of the 1991 
Policy Clarification Memorandum on Attention Deficit Disorders 
(ADD), many parents of children with ADD continue to encounter 
difficulty obtaining appropriate special education and related 
services for their children. It is the committee's intent that 
all children with ADD who are eligible for services under IDEA 
be fully and properly served.

Least restrictive environment

    The bill amends the provisions on least restrictive 
environment (redesignated as section 612(a)(5)) to ensure that 
the State's funding formula does not result in placements that 
violate the requirement that children be placed in the least 
restrictive environment.
    The committee supports the longstanding concept of the 
least restrictive environment, including the policy that, to 
the maximum extent appropriate, children with disabilities are 
educated with children who are nondisabled and that 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 is such that 
education in regular classes with the use of special education 
and related services or supplementary aids and services cannot 
be achieved satisfactorily.
    In addition, the committee supports the longstanding policy 
of a full continuum of alternative placements designed to meet 
the unique needs of each child with a disability. Placement 
options available include instruction in regular classes, 
special classes, special schools, home instruction, and 
instruction in hospitals and institutions. For disabled 
children placed in regular classes, supplementary services such 
as resource room or itinerant instruction shall also be offered 
as needed.
    In selecting the least restrictive environment, a child's 
IEP team should consider any potentially harmful or beneficial 
effects of various placements on the child with a disability in 
the suggested placement and the quality of services that the 
child with a disability in the suggested placement would 
receive. Consideration also should be given to the possible 
effects of a regular education placement of a child with a 
disability on the quality of services provided to those 
students in the classroom who do not have a disability. For 
example, if a child with a disability has behavioral problems 
that are so disruptive in a regular classroom that the 
education of other students is significantly impaired, the 
needs of the student with a disability cannot be met in that 
environment. However, before making such a determination, 
school districts must ensure that consideration has been given 
to the full range of supplementary aids and services that could 
be provided to the student or to the teacher in the regular 
educational environment to accommodate the unique needs of the 
child with a disability.
    The committee intends to make States responsible for 
monitoring and addressing the problem of racial 
disproportionality, without dictating how this should be done. 
States must study data on the representation of children in 
special education by race to identify districts and schools 
that may be significantly over-identifying or under-identifying 
minority children as children with disabilities or improperly 
placing them in restrictive settings. In districts and schools 
where disproportionality occurs, States should review and, as 
appropriate, revise the policies that guide evaluation and 
placement of children from racial minority backgrounds. The 
bill amends the provisions on least restrictive environment 
(new section 612(a)(5)) to ensure that the State educational 
agency examines data to determine if significant racial 
disproportionality is occurring in the evaluation and placement 
of children under this act; and if either situation is 
identified, to take appropriate corrective action.

Transition from part H to part B

    The provision requiring policies and procedures related to 
a smooth transition from part H to preschool programs under 
part B (redesignated by the bill as 612(a)(9)) is amended by 
the bill to conform such requirements to the transition 
planning requirements under part H (section 678(a)(8)) (i.e., 
to ensure that local educational agency staff participate in 
transition planning conferences convened by the part H lead 
agency, in order to ensure an effective transition for infants 
and toddlers with disabilities who move into preschool programs 
under part B).

Private school placements

     The bill includes a new provision regarding payment for 
education of children placed in private schools without consent 
of or referral by a local educational agency (section 
612(a)(10)(C)). First, the bill includes the longstanding 
policy set out in the Department of Education regulations (34 
CFR 300.403(a)) that if an LEA makes available a free 
appropriate public education to a child with a disability, and 
the parents choose to place the child in a private school, the 
LEA is not required to pay for the child's education, including 
special education and related services. (The bill continues to 
require that an LEA must make services available to private 
school children with disabilities in accordance with Section 
610(a)(12)(A) and with Department of Education Regulations (34 
CFR 300.450-300.452).)
    Second, the bill provides that if the parents of a child 
with a disability who previously received special education and 
related services from the LEA enroll the child in a private 
school without the consent of or referral by the LEA, and if, 
as a result of mediation described in section 615(e) or the 
result of a decision rendered under the procedural safeguards 
of section 615, the LEA is determined to have a financial 
responsibility for the child's enrollment, any reimbursement 
for such enrollment that the LEA might otherwise be required to 
make to the parents may be reduced or denied (1) if, 10 
business days before removing the child from the public school, 
the parents did not provide a written statement rejecting the 
placement proposed by the LEA to provide a free appropriate 
public education to the child, or (2) upon a judicial finding 
of unreasonableness with respect to actions taken by the 
parents.

General supervision

    Except for minor wording changes, the bill retains current 
law regarding the State educational agency's general 
supervisory responsibility for the education of all children 
with disabilities (redesignated as section 612(a)(11) of the 
act). However, with respect to this provision, the committee 
wishes to include here specific statements with regard to this 
responsibility from the 1975 Senate report on P.L. 94-142, 
which reads as follows:

          This provision is included specifically to assure a 
        single line of responsibility with regard to the 
        education of handicapped children, and to assure that 
        in the implementation of all provisions of this act and 
        in carrying out the right to education for handicapped 
        children, the State educational agency shall be the 
        responsible agency. * * *
          Without this requirement, there is an abdication of 
        responsibility for the education of handicapped 
        children. Presently in many States, responsibility is 
        divided, depending on the age of the handicapped child, 
        sources of funding, and type of services delivered. 
        While the committee understands that different agencies 
        may, in fact, deliver services, the responsibility must 
        remain in a central agency overseeing the education of 
        handicapped children, so that failure to deliver 
        services or the violation of the rights of handicapped 
        children is squarely the responsibility of one agency 
        (Senate report No. 94-168, page 24 (1975)).

Ensuring services

     The bill strengthens the requirements on ensuring 
provision of services by noneducational agencies (redesignated 
as section 612(a)(12)), while retaining the single line of 
responsibility of the State educational agency (described in 
the preceding paragraphs regarding section 612 (a) (11)).
    Over the years, many agencies have read IDEA as requiring 
school districts to be the sole payor or provider of required 
services and have gradually decreased their level of effort or 
support, or stopped altogether providing or paying for such 
services to children served under IDEA. This has resulted in 
shifting enormous costs to LEA's to pay for many special 
education and related services, and has drained resources away 
from educational services for all students. The committee 
amendment should also send a clear signal to insurance 
companies that they should not discriminate against school-aged 
children with disabilities by refusing to pay for services that 
they would cover if the child were not a child with a 
disability covered under IDEA.
    The committee amendment leaves intact the language in 
current law that mandates that States must ensure that children 
with disabilities are provided with various special education 
and related services. The amendment also encourages that these 
services continue to be provided at the school site whenever 
possible.
    However, the committee amendment more clearly authorizes 
schools to seek reimbursement for such services from public 
agencies other than an educational agency (such as health, 
labor, or rehabilitation agencies and programs such as title V 
of the Social Security Act and Medicaid) and insurance 
companies that are obligated under their own policies for 
providing or paying for such services.
    The amendment also clarifies Congressional intent that, in 
specified circumstances, the financial responsibility of 
noneducational agencies shall precede the responsibility of 
LEA's. At the same time, the committee reaffirms original 
congressional intent that services necessary for children with 
disabilities to be provided a free appropriate public education 
may in no way be delayed, and the State educational agency 
remains ultimately responsible for the provision of a free 
appropriate public education under section 611(a)(11).
    Specifically, the bill provides that the chief executive 
officer of each State (or the officer's designee) shall ensure 
that an interagency agreement or other mechanism for 
interagency coordination is in effect between each 
noneducational agency that is otherwise obligated to provide or 
pay for certain services described in section 612(a)(12)(B)(i) 
that are needed for a free appropriate public education and the 
appropriate educational agency in the State, in order to ensure 
that all such services are provided (including the timely 
provision of services during the pendency of any dispute 
between the respective agencies).
    Under section 612(a)(12)(A)(i), each interagency agreement 
or mechanism must include an identification of, or method for 
defining, the financial responsibility of each agency for 
providing all services described in section 612(a)(12)(B)(i) to 
ensure a free appropriate public education to children with 
disabilities. The services described in section 
612(a)(12)(B)(i) include, but are not limited to, assistive 
technology devices and services, related services, 
supplementary aids and services, and transition services. 
(Definitions of these devices and services are included in the 
revised section 602).
    The bill clarifies that the financial responsibility of 
each public agency described in subparagraph (B), including the 
State Medicaid agency, and other public or private insurers of 
children with disabilities (provided that the filing of claims 
is voluntary on the part of parents) shall precede the 
financial responsibility of the LEA.
    The bill further provides (under subparagraphs (A) (ii)-
(iv)) that each agreement or mechanism also must include: (1) 
conditions, terms, and procedures under which an LEA shall be 
reimbursed by other agencies; (2) procedures for resolving 
interagency disputes to secure reimbursement from other 
agencies or otherwise implement the provisions of the agreement 
or mechanism; and (3) policies and procedures to promote the 
coordination and timely delivery of services.
    Subparagraph (B)(i) provides that if any noneducational 
public agency is otherwise obligated under Federal or State 
law, or assigned responsibility under State policy, to provide 
or pay for services that are also considered special education 
or related services that are necessary for ensuring a free 
appropriate public education to children with disabilities 
within the State, that agency shall fulfill its obligation 
either directly or though contract or other arrangement.
    Subparagraph (B)(ii) provides that in a case in which a 
public agency other than an educational agency fails to fulfill 
the agency's financial responsibility described in subparagraph 
(A)(i) to provide or pay for the special education or related 
services described in clause (i) for children with disabilities 
and the LEA provides or pays for such services to such 
children, the LEA may claim reimbursement from such public 
agency for such services. Such public agency shall reimburse 
the LEA pursuant to the terms of the interagency agreement in 
effect under subparagraph (A)(i) according to procedures 
established in such agreement pursuant to subparagraph (A)(ii).
    Subparagraph (C) provides that a State may meet the 
requirements of subparagraph (A) through State statute or 
regulation, signed agreements between respective agency 
officials, or other appropriate methods as determined by the 
chief executive officer or designee of the officer.
    The provisions in section 611(a)(12) related to local 
educational agencies also apply to any State agency that is 
eligible under current section 614A of this act and is 
responsible for developing a child's IEP.

Comprehensive system of personnel development

    The committee's intent is both to streamline and improve 
the provisions of the ``comprehensive system of personnel 
development.'' The bill amends the provision related to the 
comprehensive system of personnel development (redesignated as 
section 612(a)(14)) to simplify and reduce the burden of such 
requirements, especially the data provisions, and to make the 
requirements more meaningful. The committee intends to improve 
the operations and results of the comprehensive system of 
personnel development by insuring that all personnel necessary 
to carry out this part are appropriately and adequately 
prepared and trained, and that the comprehensive system of 
personnel development includes a system for the continuing 
education of regular and special education and related services 
personnel; procedures for acquiring and disseminating to 
teachers, administrators, and related services personnel 
significant knowledge derived from educational research and 
other sources; and procedures for adopting, where appropriate, 
promising practices, materials, and research.

Personnel standards

    With the exception of new language on paraprofessionals, 
the committee does not alter current law concerning personnel 
standards but recognizes that there has been confusion 
surrounding this section. When the provision was enacted, 
Congress intended that within a general occupational category 
(e.g., psychology or nursing), there may be different 
professional subcategories with different personnel standards 
in a State, provided that there are identifiable differences in 
the scope of responsibility and degree of supervision among the 
subcategories. For example, a school psychologist is recognized 
as a unique profession within the field of psychology. Within 
this provision of law, States may find a unique profession 
within an occupational category qualified to provide certain 
special education or related services to children with 
disabilities.
    The committee intends that States be able to establish 
specific certification, licensure, or registration requirements 
for professional subcategories of an occupational category and 
establish a ``highest standard'' for each subcategory. For 
instance, a State may establish different standards for the 
psychology subcategories of clinical psychologists and school 
psychologists. Thus, any school that needs to hire a 
psychologist could hire a school psychologist who may not be 
required to meet the same standards as those set for clinical 
psychologists as long as the school psychologist is not 
providing those clinical psychological services that the 
children may need.
    State educational agencies may determine that a specific 
subcategory of a professional category may be qualified to 
provide certain special education or related services to 
children with disabilities. For example, a State educational 
agency may determine that licensed practical nurses (LPN's) 
rather than registered nurses possess all the skills necessary 
to perform the nursing duties normally needed in the schools. 
As long as a State educational agency establishes standards for 
the hiring of LPN's in schools that are as high as the State-
approved or recognized requirements for LPN's generally, it 
would be complying with this provision.
    The requirements on ``personnel standards'' (redesignated 
by the bill as section 612(a)(15)) are revised to include the 
use of paraprofessionals. The committee supports the practice 
of local educational agencies utilizing appropriately trained 
and supervised paraprofessionals to provide services, provided 
that paraprofessionals are trained and supervised by qualified 
personnel in accordance with State law, regulations, or written 
policy.
    The bill includes language to make it clear that the use of 
paraprofessionals and certified assistants is compatible with 
providing high-quality special education and related services 
if it is done in a manner consistent with State law, 
regulation, or other written policy. For instance, certified 
occupational therapy assistants are trained at a technical 
level (usually 2 years) in the provision of occupational 
therapy services and they are licensed by most States. While 
they must be supervised by occupational therapists, these 
assistants can provide services and perform functions which can 
facilitate a child's achievement of educational goals. The 
committee emphasizes in the bill that State law, regulation and 
policy must be followed in the use of these staff.
    The committee also supports the practice of State 
educational agencies exercising discretion to ``grandfather-
in'' personnel currently in the field who do not meet the 
highest requirements in the State applicable to a specific 
profession or discipline, but who have significant experience 
and have demonstrated sufficient competence in the area in 
which such personnel are providing special education or related 
services to warrant their continued certification, licensing, 
registration, or other comparable requirements. However, such a 
policy may in no way diminish the State's obligation to carry 
out measures to require the retraining or hiring of personnel 
to meet appropriate professional requirements in the State.

Linkage with general education initiatives

    States are currently determining how to apply appropriate 
content standards and indicators of student achievement to the 
education of children with disabilities. Many States have begun 
to examine quality indicators, such as graduation, drop-out, 
and attendance rates for children with disabilities as a part 
of their compliance monitoring. The committee supports linking 
IDEA with general education initiatives. The bill adds two new 
provisions to the act that are designed to conform IDEA to 
general education initiatives (designated as sections 612(a) 
(16) and (17)). One of the provisions requires States to 
establish performance goals and indicators for children with 
disabilities. The second provision requires States to ensure 
that these children participate in statewide and districtwide 
assessments, with appropriate accommodations, where necessary 
and that guidelines are developed for participation in 
alternative assessments for those children who cannot 
participate in general statewide and districtwide assessments.
    With respect to statewide and districtwide assessments, the 
committee finds that, when schools are required to assess 
children with disabilities and report on the results, schools 
are more likely to focus on improving results for children with 
disabilities. The committee intends that all children with 
disabilities are included in assessments of student progress. 
However, the committee recognizes that some children may 
require appropriate accommodations to participate in statewide 
and districtwide assessments. For example, if it is known that 
a child with a disability in sixth grade reads at approximately 
the third grade level, an appropriate accommodation would 
include administering a third grade level reading test. When 
assessing the same child's knowledge in content areas, such as 
social studies or science, an appropriate accommodation would 
include reading the sixth grade level test items to the child.
    In addition, a small number of children with severe 
cognitive disabilities cannot appropriately be included in 
general statewide and districtwide assessments, even with 
appropriate accommodations. The bill makes provision for the 
State educational agency or local educational agency, as 
appropriate, to develop guidelines for the participation of 
children with disabilities in alternate assessments for such 
children who cannot participate in the general statewide and 
districtwide assessment programs. For example, a school 
district may choose to use portfolios of progress that include 
work samples, observations of improvements in social and self-
help skills, and other indices of a child's progress, when a 
child has limited or customized exposure to the general 
education curriculum because of a disability.

Use of funds; public participation

    The committee intends to clarify and streamline the use-of-
funds requirements under current law. The bill consolidates 
use-of-funds requirements under current law in one place 
(section 612(a)(18)) and deletes provisions which are not 
germane. The bill also consolidates the public participation 
requirements of current law in one place (section 612(a)(19)), 
and provides language to reduce burden--by clarifying that, if 
a State's policies and procedures have been subjected to public 
comment through a State rulemaking process, no further public 
review or public comment period is required.

State advisory panels

    The bill amends the provisions on State advisory panels 
(redesignated as section 612(a)(20)) by specifying other 
categories of participants on such panels (e.g., 
representatives of other State agencies involved in the 
financing or delivery of related services; at least one 
representative of a vocational, community, or business 
organization concerned with the provision of transition 
services to children with disabilities in secondary schools; 
and any other individual, as determined by the State 
educational agency). The bill also gives the panel additional 
duties, including requiring the panel to advise the State 
educational agency with respect to developing corrective action 
plans to address findings identified through Federal monitoring 
reports, and to advise the State educational agency in the 
development and implementation of policies related to 
coordination of services for children with disabilities. 
Finally, the bill further provides that a State panel 
established under the Elementary and Secondary Education Act or 
the Goals 2000: Educate America Act may also serve as the State 
advisory panel if it meets the requirements of this part.

State plans

    The bill significantly reduces paperwork and staff burden, 
by no longer requiring States to submit 3 year State plans. 
Once a State demonstrates that it has in effect policies and 
procedures that meet the eligibility requirements of the new 
section 612, the State does not have to resubmit such 
materials, unless those policies and procedures are changed.

         local educational agency and state agency eligibility

    Section 203 of the bill also reduces paperwork for, and 
simplifies the provisions related to, participation of local 
educational agencies under part B, by replacing the local 
application requirements in section 614 of current law with new 
local eligibility provisions in section 613, and by conforming 
those provisions, as appropriate, to the new State eligibility 
requirements under section 612.

Maintenance of effort

    With respect to fiscal responsibilities, the bill includes 
a ``maintenance of effort'' provision to ensure that the level 
of expenditures for the education of children with disabilities 
within each local educational agency (from State and local 
funds) will not drop below the level of such expenditures for 
the preceding fiscal year. However, the committee acknowledges 
that there are times when appropriate exceptions to this rule 
must be made. Thus, the bill provides four specific exceptions, 
including: (1) retirement or other voluntary departure of 
special education staff who are at or near the top of the 
salary schedule; (2) decreases in enrollment of children with 
disabilities; (3) end of an agency's responsibility to provide 
an exceptionally costly program to a child with a disability 
(because the child has left the agency's jurisdiction, no 
longer requires such a program, or has aged-out with respect to 
the agency's responsibility); and (4) the end of unusually 
large expenditures for equipment or construction. The bill 
retains the ``excess costs'' and ``supplement--not supplant'' 
provisions of current law.

Flexible use of funds

    The committee bill provides greater flexibility to local 
educational agencies in the use of part B funds (section 
613(a)(4)), while still ensuring that children with 
disabilities receive needed special education and related 
services. The bill identifies specific activities that such a 
local educational agency may carry out with its part B funds 
(notwithstanding the excess cost and non-commingling 
requirements in sections 613(a)(3)(B) and 612(a)(18)(A)(ii)), 
as described in the following paragraphs.
    The bill includes an ``incidental benefits'' provision that 
permits local educational agencies to provide special education 
services to a child with a disability in the regular classroom 
without having to track the costs of benefits to nondisabled 
students from those services. For example, if a special 
education or related services provider delivers such services 
to a child with a disability in a regular education setting, 
other children may benefit from those services provided that 
children with disabilities continue to receive a free 
appropriate public education.
    The bill also allows special education and related services 
that are provided to ``IDEA-eligible'' children to be 
simultaneously provided, on a space available basis, to 
children who are protected by the Americans with Disabilities 
Act of 1990 (ADA) and section 504 of the Rehabilitation Act of 
1973. For example, if a school psychologist is providing social 
skills training to a group of children with disabilities and 
there is room for two more children, two children covered under 
the ADA and section 504 could participate.
    Many children served under IDEA also receive services from 
other social service agencies. However, these services are 
often duplicative and delivered in fragmented and inefficient 
ways. For example, social service agencies often provide social 
work services to children who qualify for various Federal and 
State programs. These services can include the preparation of 
social or developmental histories on the child, functional or 
adaptive assessments, counseling, and casework services. 
Schools also typically provide these services--often as 
standard practice for eligibility determination under IDEA. Yet 
it is not uncommon for social workers from different agencies 
to work with one child with a disability at the same time. To 
reduce this duplication, the bill allows local educational 
agencies to use up to 5 percent of their part B funds to 
develop and implement a coordinated services system that links 
education, health, and social welfare services, and various 
systems and entities in a manner designed to improve 
educational and transitional results for all children and their 
families, including children with disabilities and their 
families. The committee believes that the combination of 
coordinated service system provisions at the State and local 
levels, coupled with the amendments to section 612 concerning 
methods of ensuring services (including the provision requiring 
the State to establish interagency coordinating 
responsibilities among the various public agencies), will 
significantly decrease duplication and fragmentation, increase 
the efficiency and effectiveness of service delivery models and 
improve the results for children with disabilities and their 
families.
    Finally, the bill provides that each local educational 
agency (if authorized by the State educational agency) may use 
funds available under part B to design, implement, and evaluate 
a school-based improvement plan for improving educational and 
transitional services and results for all children with 
disabilities and, as appropriate, for other children, 
consistent with the provisions on incidental benefits and 
simultaneous services in section 613(a)(4) (A) and (B). This 
plan must be developed in collaboration with parents of 
children with disabilities, teachers, administrators, and 
related services providers. The committee supports the 
integration (at the local educational agency's discretion) of 
school-based improvement plans with school-wide projects under 
title I of the Elementary and Secondary Education Act of 1965, 
the Improving America's Schools Act or other appropriate 
Federal, State, and local initiatives. However, the committee 
intends that all provisions of the school-based improvement 
plan must be implemented as part of any integrated school-based 
initiative in order for part B funds to be used for such 
purposes.

Joint eligibility

    The bill amends current law related to consolidated 
applications by providing that a local educational agency may 
join with another local educational agency to jointly establish 
eligibility under part B if the agency is too small to qualify 
for a $7,500 minimum grant under section 611(d) or would not be 
able to provide programs of sufficient size and scope 
effectively to meet the needs of children with disabilities. 
Under current law, local educational agencies have no role in 
making such decisions; the State educational agency has the 
sole authority to determine whether such agencies should submit 
consolidated applications.

Local educational agency plans

    The bill significantly reduces paperwork and staff burden 
for State and local educational agencies by providing that, 
once a local educational agency demonstrates to the 
satisfaction of the State educational agency that it has in 
effect policies and procedures that meet the eligibility 
requirements of the new section 613, the State agency may 
consider that those requirements have been met; and the local 
educational agency would not have to resubmit additional 
materials, unless those policies and procedures are changed.

Other state agencies

    The bill adds specific provisions in section 613 related to 
the eligibility of State agencies for assistance under current 
section 614A. Under these provisions, any State agency that 
desires to receive a subgrant under part B shall demonstrate to 
the satisfaction of the State educational agency that all 
eligible children who are participating in programs and 
projects funded under part B and their parents are provided all 
rights and procedural safeguards described in IDEA, as amended 
by the 1996 amendments, and the State agency meets other 
conditions of section 613 that the Secretary finds appropriate. 
(Section 614A is repealed by the bill.)

      Evaluations, Reevaluations, IEP's and Educational Placements

    Section 204 of the bill creates a new section 614 of IDEA 
that brings together in one place all interrelated matters 
regarding the evaluation and reevaluation of children with 
disabilities and the development, review and revision of 
individualized education programs (IEP's) for these children. 
Much of this material is scattered throughout current law or is 
inappropriately placed in definitions. The consolidation of the 
material in one place and amending these provisions to reduce 
the burden and make the requirements more understandable should 
facilitate State and local implementation of these provisions.

Initial evaluations and reevaluations

    The provisions on evaluation in section 614(a) codify in 
the act the requirement that an initial comprehensive 
evaluation must be conducted before the provision of special 
education and related services and that the purpose of the 
evaluation is to determine whether a child is a child with a 
disability, as defined in section 602(a)(4), and to determine 
the child's specific educational needs. The committee 
recognizes that such a comprehensive evaluation should include 
information on cognitive, emotional, social and behavioral 
factors in addition to physical or developmental factors, if 
necessary, to establish that a child is eligible for special 
education and related services. Reevaluations are to be 
conducted at critical natural transition points during the 
child's education, such as the child's movement from elementary 
grades to middle or junior high school grades (except that for 
a transition that will not occur for a period of 5 years or 
more, the natural transition point shall be at least every 3 
years), or when the child exits high school and enters post-
school activities.
    The process of evaluating and reevaluating children with 
disabilities is simplified by the bill, and the committee's 
amendments are designed to reduce cost and administrative 
burden. Section 614(c) of the act requires that existing 
evaluation data on a child be reviewed to determine if any 
other data are needed to make decisions about a child's 
eligibility and services. If it is determined by appropriate 
individuals that additional data are not needed, the parents 
must be so informed of that fact and of their right to still 
request an evaluation, but no further evaluations are required 
at that time unless requested by the parents.
    Information from related services providers must be 
considered when appropriate, in order to support the 
development of an effective IEP and subsequent program 
placement of children with disabilties.
    Section 614(a)(1)(C) establishes procedures that the local 
educational agency may follow when a parent refuses to consent 
for an initial evaluation of a child to determine whether the 
child qualifies for services under IDEA. If a parent refuses 
such consent, this section allows (but does not require) a 
local education agency to pursue (through the use of mediation 
and due process procedures) permission to conduct an 
evaluation.
    The amendments in section 614(b) are designed to link 
evaluation procedures and instructional programming. The 
amendments include provisions requiring local educational 
agencies to ensure that tests and other evaluation materials 
are relevant to instructional planning, and are consistent with 
generally accepted professional standards for assessments. It 
is the committee's intent that all tests given to children must 
be linked to the general education curriculum to which the 
child is exposed and that each test must provide information 
that directly assists in the process of instructional 
programming. In the rare case where a child with a disability 
is not exposed to the general education curriculum, only tests 
that directly assist in instructional programming for the child 
need be administered. For example, if a child's IEP team 
determines that a child is not to be exposed to the general 
education curriculum, the child's instructional programming may 
focus only on independent living skills, social skills, or 
self-help skills. Therefore, only tests that directly assist in 
designing that program are to be administered.

Individualized education programs (IEP's)

    The committee amendments to current law more clearly define 
IEP requirements, and link professional expertise and 
assessment information with educational programming and results 
for children with disabilities. The bill consolidates all 
substantive provisions on IEP content and process in one place 
(sections 614(d)-614(i)) and puts the provisions in a logical 
sequence as follows: procedures for developing IEP's; IEP 
content; measuring and reporting on each child's progress; and 
reviewing and revising the IEP.
    Section 614(d) provides that IEP team members have certain 
information and knowledge about the child, including that 
related to instructional implications of evaluation and 
assessment results, and, as appropriate, information about the 
regular education environment. The committee intends that a 
regular education teacher be a member of the IEP team when a 
child with a disability will be participating in the regular 
education classroom for a significant amount of time. In 
addition, the committee does not intend to add unnecessarily to 
the demands on teachers. Thus, the regular education teacher 
need only participate in the IEP meeting to the extent relevant 
to his or her involvement in the education of the child.
    The bill requires the child's IEP team to consider basic 
factors in developing each child's IEP, including the most 
recent evaluation results on the child, the child's strengths, 
and parent concerns for enhancing the child's education. The 
bill also provides that, in the case of a child whose behavior 
impedes the learning of the child or others, the IEP team, as 
appropriate, shall consider strategies, including behavior 
management plans, to address that behavior. The committee 
recognizes that addressing students' behavioral problems often 
requires a multifaceted approach. Psychological services are 
effective techniques for identifying underlying problems and 
ascertaining appropriate interventions.
    Furthermore, the committee is concerned that, in the past, 
other unique needs of some children with disabilities have not 
been adequately considered in their IEP's. For example, the 
committee believes that it is important that State and local 
educational agencies, in developing IEP's for children who are 
deaf or hard of hearing, consider factors such as: language and 
communication needs; opportunities for direct communications 
with peers and professional personnel in the child's language 
and communication mode; academic level; and social, emotional 
and cultural needs, including opportunities for direct 
instruction in the child's language and communication mode.
    The committee believes that, in the case of a child with 
limited English proficiency, it is important to consider the 
language needs of the child as the needs relate to the child's 
IEP. In the case of a child who is blind or visually impaired, 
the IEP team should consider whether the child needs 
instruction in braille or in the use of braille. In the case of 
a child with expressive or receptive language deficits, the IEP 
team should consider techniques to ensure that the child 
understands what is being spoken. In the case of a child with 
sensory or motor communication, or physical impairment, the IEP 
team should consider the provision of assistive technology 
devices and services.
    The provisions on ``Content of IEP's'' in redesignated 
section 614(e) have been revised to make the IEP a more useful 
document that places greater emphasis on educational results 
for children with disabilities and on ensuring that each 
eligible child, as appropriate, has the opportunity to progress 
in the general education curriculum and to participate with 
nondisabled children in various settings. For example, under 
``present levels of educational performance,'' each child's IEP 
will describe how the child's disability affects the progress 
of the child in the general education curriculum (or, for a 
preschool child, in developmentally appropriate activities 
related to transition to kindergarten and elementary school).
    In addition, consistent with its intent to place greater 
emphasis on educational results for children with disabilities, 
the bill includes a provision requiring a statement of any 
modifications in the administration of State or districtwide 
assessments that are needed in order for each eligible child to 
participate in such assessments (or, if participation is not 
appropriate, a statement of how the child will be assessed).
    The bill replaces ``annual goals, including short-term 
instructional objectives'' with ``measurable annual 
objectives'' related to meeting each of a child's educational 
needs that result from the child's disability, including 
objectives related to enabling the child to progress in the 
general education curriculum at the educationally appropriate 
level for the child. The bill also provides for a statement of 
how the progress of the child toward measurable annual 
objectives will be measured through benchmarks or other 
measurable indicators of progress, and how the parents will be 
regularly informed on the child's progress.
    Nothing in this act should be construed to prohibit a local 
educational agency from continuing to use short-term 
instructional objectives if the agency determines that such 
objectives are useful as benchmarks or other measurable 
indicators of a child's progress. The committee intends that 
benchmarks or other measurable indicators of progress shall be 
individualized for each child and include observable 
performance criteria, conditions under which the performance is 
to occur, and criteria for mastery or attainment (including 
target dates for attainment). The committee also intends that 
the child's IEP team revise the IEP, as appropriate, to 
address: (1) continued progress or lack of expected progress 
toward achieving the annual measurable objectives and in the 
general education curriculum, where appropriate; (2) the 
results of any reevaluation conducted; (3) information about 
the child's progress provided to the parents; (4) the 
anticipated educational needs of the child; or (5) other 
matters, as appropriate.

Additional IEP requirements

    The committee finds that for secondary school students with 
disabilities, a child's transition needs often go unmet. 
Transition planning for children with disabilities is often a 
fragmented process that leads to poor services and results for 
children with disabilities. This is, in part, because 
transition planning is typically pursued as a separate 
activity. In many cases, a student's IEP and transition plan 
are developed in separate meetings by different specialists. 
Thus, a student's transition plan is often attached to the 
student's IEP as an addendum, rather than being incorporated 
and integrated as part of the student's individualized 
education program.
    The bill amends the provisions on transition services 
(section 614(e)(2)) by requiring that the transition services 
needs be considered for all students with disabilities 
beginning at the age of 14 (or younger, if determined 
appropriate by a student's IEP team). The bill further provides 
that, as appropriate, the transition services needs of each 
student shall be addressed under the applicable components of 
the IEP (for example, under the statements of the student's 
present level of educational performance, annual measurable 
objectives, and special education and related services), and 
that those needs be considered in light of the student's 
participation in the general curriculum (such as participation 
in a vocational education or school-to-work program). The 
committee's intent is that each student's transition plan be 
fully integrated into the IEP. The bill retains current law 
requiring a statement of transition services the student will 
receive beginning no later than age 16.
    The bill adds a provision regarding transfer of rights at 
the age of majority from the parents to the child (section 
614(e)(2)(D)), which requires that, at least one year before a 
student reaches the age of majority under State law, the IEP 
must include ``a statement about the rights under this act, if 
any, that will transfer to the student on reaching the age of 
majority.'' (See also ``Procedural Safeguards'' below.)

IEP content and paperwork

    The bill simplifies the content of the IEP and eases the 
burden on a child's IEP team in developing the written 
statement for each child--by adding a statement (section 
614(i)) to clarify that ``Nothing in this section shall be 
construed to require the IEP team to include information under 
one component of a child's IEP that is already contained under 
another component of such IEP.'' In addition, the committee 
intends that for some children with disabilities, the IEP will 
only address a very limited part of their education. For 
example, for a child with a speech impairment, the IEP would 
generally be limited to the child's speech impairment. An IEP 
for a child with physical disabilities with no mental or 
emotional disability might consist only of specially designed 
physical education. However, if the child also has a mental or 
emotional disability, the IEP might cover most of the child's 
education.

Placements

    The bill includes a new provision (section 614(j)) 
requiring each local educational agency to 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. This provision will enable parents to participate 
in important decisions about the extent to which their child 
can be appropriately educated with nondisabled children, and 
should help to reduce the need for due process hearings to 
resolve disputes about placement decisions.

Procedural safeguards

    Section 206 of the bill makes several changes (both 
technical and substantive) to section 615 of IDEA. (Section 615 
affords certain procedural rights and protections to children 
with disabilities and their parents under part B of the act.)

Notice and mediation

    The bill revises the written notice provision to set out 
the specific content of notices to parents, and to reduce 
burden under current law and regulations. Specifically, the 
bill permits notices to include only a brief summary of the 
procedural safeguards under sections 615 and 615A relating to 
due process hearings (and appeals, if applicable), civil 
actions, and attorneys' fees, and of section 612(a)(10)(C) 
relating to reimbursement of parents for unilateral placement 
of children in private schools at public expense--together with 
a statement that a full explanation of such safeguards will be 
provided if the parents request it or request a due process 
hearing.
    The bill includes a provision that provides for clearer 
notice and an early alert of the existence of a conflict 
between an LEA and the parents of a child with disabilities 
(section 615(d) of the act, as amended). This provision 
requires the parents to provide the LEA a written notice of 
their intent to file a complaint (request a due process 
hearing) under part B, on any matter regarding the 
identification, evaluation, or educational placement of the 
child or the provision of a free appropriate public education 
to the child, 10 business days prior to filing the complaint, 
if the parents: (1) have new information about any matter 
described above; or (2) are initiating a complaint about such a 
matter, and have signed the most recent IEP of the child that 
is currently being implemented. The committee believes that the 
new notice provision will provide an additional opportunity for 
the parents and the agency to resolve a complaint outside due 
process proceedings or the courts.
    With respect to the written notice by the parents, the bill 
further states that if, prior to filing the complaint, the 
parents have new information on any matter described in the 
preceding paragraph, they must provide the information to the 
LEA along with the notice of intent to file a complaint.
    In addition, the bill provides that if the parents were 
duly informed by the LEA of their obligation to file such a 
notice, and fail to do so, ``a court, in its discretion, may 
reduce an award of attorneys' fees and a reimbursement of 
related costs if within 10 business days after filing a request 
for an administrative due process hearing under section 615(f), 
the matter is resolved in a manner that is satisfactory to all 
parties.''
    The bill reduces potential conflict between local 
educational agencies and parents of children with disabilities 
by requiring States to make mediation available to such 
parents, on a voluntary basis. The committee believes that the 
use of mediation can resolve disputes quickly and effectively, 
and at less cost.

Attorneys' fees

    The bill amends provisions on attorneys' fees--by making 
technical and conforming changes, and by clarifying that the 
amount of any award of attorneys' fees to a prevailing party 
shall be determined in accordance with the law established by 
the Supreme Court in Hensley v. Eckerhart, 461 U.S. 424 (1983).
    The bill also adds a provision to clarify that, ``for the 
purpose of this section, an IEP meeting shall not, in and of 
itself, be deemed to be a proceeding triggering the awarding of 
attorneys' fees.'' The committee intends that attorneys' fees 
may not be awarded and related costs may not be reimbursed for 
services performed during preparation for, or participation in, 
IEP meetings under section 614, or for any other services, 
unless a request for an administrative due process hearing 
under section 615(f) or a complaint in a court of competent 
jurisdiction has been filed, and (1) such services are 
reasonably related to the preparatory work attendant upon 
bringing an administrative hearing or court action, including 
but not limited to attorney-client interviews, investigation of 
the facts of the case, research on the viability of potential 
legal claims, and development of theories of the case; (2) such 
award and reimbursement is required by the terms of a 
settlement agreement or consent decree voluntarily entered into 
by both parties; or (3) the IEP meeting is in response to an 
order of a hearing officer or a court.

Transfer of rights

    The bill includes a provision that permits the transfer of 
parental rights to a student with disabilities upon reaching 
the age of majority under State law. This provision would 
accommodate those States that now provide for a transfer of 
those rights when children with disabilities reach the age of 
majority, while deferring to State law on the competency of 
individuals to make educational decisions for themselves. The 
bill clarifies that, if (under State law) such a student is 
determined to not have the ability to provide informed consent 
under part B, the State must have procedures for appointing the 
parent or another person to represent the student's interests 
throughout the student's eligibility under this part.
    This provision relates only to IDEA and does not require, 
as a matter of Federal law, that any particular procedures be 
in place, or that parents use State guardianship procedures in 
order to retain any rights that would otherwise transfer to the 
child.

                    Alternate Procedural Safeguards

Alternate procedural safeguards

    By adding a new section 615A to IDEA, the committee has 
attempted to strike a careful balance between the LEA's duty to 
ensure that school environments are safe and conducive to 
learning for all children, including children with 
disabilities, and the LEA's continuing obligation to ensure 
that children with disabilities receive a free appropriate 
public education (FAPE). Section 615A also ensures that 
children with disabilities are not singled out for behaviors 
related to their disabilities, and are not removed from school 
placements based on inadequate and inappropriate programming 
and services, or misunderstandings and misperceptions rooted in 
ignorance and fear.
    Through this amendment, the committee has specifically 
provided that school authorities may, in certain circumstances, 
remove from their current educational placement children with 
disabilities who are in possession of dangerous weapons or 
illegal drugs, or engage in behavior that results in, or is 
substantially likely to result in serious bodily injury, or who 
are so seriously disruptive of the educational environment as 
to impair significantly their ability to learn, their 
classmates' ability to learn, and the teacher's ability to 
teach. However, the committee has taken care to ensure that 
such action can occur only if not inconsistent with specified 
procedural safeguards.

Short-term and long-term disciplinary actions

    In general, section 615A, which is entitled ``Alternate 
Procedural Safeguards,'' replaces the Jeffords amendment; 
identifies additional limited exceptions to section 615(e)(3); 
the so-called ``stay-put'' provision; and sets forth the 
applicable procedural requirements that must be followed by 
school authorities and the safeguards for children with 
disabilities who fall within the limited exceptions. 
Significantly, however, subsections (a) and (b) of this new 
section 615A are placed in this section not as exceptions to 
section 615(e)(3) but solely because the committee has elected 
for clarity to set forth in one section the full range of 
disciplinary measures or exclusion options that may be utilized 
by school authorities dealing with children with disabilities 
who are involved in dangerous or seriously disruptive behavior. 
The committee chooses to specify in these subsections the 
disciplinary options available to school officials under IDEA 
and as interpreted by the Supreme Court in Honig v. Doe to 
clarify an area that has become highly problematic because of 
misunderstandings by school officials, parents, and advocates.
    Subsection (a), which addresses ``Short-Term Disciplinary 
Actions,'' authorizes an LEA, in certain circumstances, to use 
such measures as in-school suspensions, detentions, timeouts, 
increased supervision, and restriction of privileges or 
extracurricular activities, or to otherwise to alter a child's 
placement (provided that any disciplinary measure that is 
inconsistent with the child's IEP last for no more than ten 
[10] business days), or suspend the child for no more than ten 
[10] days. This subsection is intended to reflect current law 
regarding the provision of a free appropriate public education 
and disciplinary options available to schools with regard to 
short-term disciplinary actions.
    Subsection (b)(1) identifies the limited circumstances in 
which a child's behavior may result in the child being placed 
in an interim alternative educational placement, outside the 
normal change-of-placement procedures and regardless of whether 
the behavior is a manifestation of the child's disability, 
including behavior involving the possession or use of dangerous 
weapons or illegal drugs, behavior that results in or is 
substantially likely to result in serious bodily injury, or 
behavior that is ongoing, serious, and disruptive.
    Barring these categories of behavior, no child with a 
disability can be subject to long-term disciplinary measures in 
excess of ten [10] business days unless it has been found that 
the child's behavior was not a manifestation of the child's 
disability, that the school rules or code of conduct apply to 
children without disabilities who engage in the same behavior, 
and that such disciplinary measures are consistent with section 
615(b). Children with disabilities must continue to be provided 
educational services consistent with the provision of a free 
appropriate public education except when a child has been found 
to be involved with a dangerous weapon or illegal drugs, and 
the behavior is not a manifestation of the child's disability, 
and the cessation of educational services is the policy applied 
to students without disabilities who possess weapons or drugs.
    The manifestation determination as set forth at subsection 
(b)(3) must be made by the child's IEP team. The determination 
as to whether particular conduct is a manifestation of 
disability is exceedingly complex and difficult. The committee, 
therefore, recognizes the need to mitigate the risks involved 
in this determination by identifying a number of factors that 
must be considered in making a manifestation determination. 
When considering whether the child's disability impaired the 
child's ability to understand the impact and consequences of 
the behavior, or to control the behavior at issue, the child's 
IEP team is required to consider relevant information pertinent 
to the behavior at issue, including the context in which it 
occurred, evaluation and diagnostic results, and the 
appropriateness of the child's IEP and placement. In addition, 
the IEP team must consider the extent to which the IEP has been 
implemented and includes provision of special education and 
related services, the use of supplementary aids and services, 
strategies and interventions, and behavior management 
techniques.
    Parents who disagree with the child's IEP team's 
manifestation determination may seek an expedited due process 
hearing under section 615(f). During the pendency of any such 
action or proceeding under subsections (f), (g), or (i), the 
child shall continue to receive a free appropriate public 
education.

Conditions that apply when dangerous weapons, drugs, or serious bodily 
        injury are involved

    Subsection (c) provides that a child with a disability who, 
on school premises or at a school-sponsored event under the 
jurisdiction of the LEA, has a dangerous weapon in his or her 
possession, engages in the illegal use, possession or 
distribution of drugs, or engages in behavior that results in 
or is substantially likely to result in serious bodily injury, 
may be placed in an interim alternative educational setting. 
Regardless of whether the behavior is a manifestation of the 
child's disability, the child's placement may be changed 
without parental consent provided that certain preconditions 
are met. First, the principal, after consulting with other 
individuals knowledgeable about the incident and the nature of 
the child's disability (specifically the chairperson of the 
child's IEP team and the director of special education or 
designee), must determine, in writing, that the child engaged 
in the particular behavior and that the code of conduct 
applicable to students without disabilities should apply to the 
child with a disability. Second, the IEP team must assess the 
child's needs and identify modifications in the child's IEP 
consistent with a free appropriate public education, which may 
include placement of the child in an interim alternative 
educational setting. In determining the appropriate placement, 
the IEP team must consider specified information, and must 
include an individual (who may be an existing member of the 
child's IEP team) who is qualified to assess the relationship 
between the disability of the child, the behavior of the child, 
and the context in which the behavior occurred.
    The principal shall make a determination as soon as 
possible, and in no case more than ten [10] business days after 
the behavior at issue became known to the principal. A 
preliminary placement decision should be made by the IEP team 
within the same ten [10] school day period and in no case shall 
the placement decision be made more than twenty [20] business 
days after the principal learned of the behavior. Failure to 
meet such timelines will result in the child being returned to 
the placement described in his or her IEP, unless the parents 
of the child and the LEA agree otherwise.
    If the parents disagree with either a determination by the 
child's IEP team to place a child (who is allegedly involved 
with dangerous weapons, illegal drugs, or engaging in behavior 
that results in, or is substantially likely to result in, 
serious bodily injury) in an interim alternative educational 
setting, or with the child's IEP team's recommendations for 
providing a free appropriate public education, the parents may 
request an expedited due process hearing under subsection 
615(f). During the pendency of any such actions or proceedings 
under subsections (f), (g), or (i), the child must remain in 
the interim alternative educational setting unless the parents 
and the State or local educational agency otherwise agree. 
Within thirty-five [35] business days of the child's placement 
in the interim setting, the child's IEP team must reconvene to 
review the child's progress in the placement, determine an 
appropriate educational placement based on a revised IEP, if 
appropriate, and secure an appropriate educational placement 
for the remainder of the school year or the beginning of the 
next school year, whichever is appropriate.

Conditions applicable when ongoing serious disruptive behavior is 
        involved

    Subsection (d) of new section 615A addresses the limited 
circumstances in which a child with a disability who engages in 
ongoing serious disruptive behavior may be removed to an 
interim alternative educational setting without the parents' 
consent. In order to remove the child to an interim alternative 
educational setting, the principal, with knowledgeable persons, 
including the chairperson of the child's IEP team, must 
determine in writing that a child's continued presence in his 
or her current educational placement will significantly impair 
the education of the child or the child's classmates and the 
ability of the teacher to teach, and the child's IEP team 
develops a placement in an interim alternative educational 
setting consistent with the provision of a free appropriate 
public education. If the child was subjected to short-term 
disciplinary measures of up to ten [10] business days, this 
action must occur within the same ten [10] business days. 
Unless the parents and the LEA otherwise agree, a failure to 
meet such time frame will result in the child returning to his 
or her current educational placement described in the IEP.
    The bill specifies that a child shall not be determined to 
be seriously disruptive on the basis of unreasonable 
considerations, such as: (1) myths or stereotypes about 
disability; (2) a lack of understanding of the nature of the 
disability or the effect of the disability on behavior; (3) a 
disruption caused by devices, accommodations, auxiliary aids or 
services used by a child with a disability; or (4) behavior 
that has not been addressed by special education and related 
services as provided by subsection (d)(3)(B). Regarding the 
fourth provision, the language is intended to ensure that 
children are not considered seriously disruptive because of 
behavior which a school district has not attempted to 
ameliorate through proper evaluation and assessment, behavior 
intervention, or supplementary aids and services. This does not 
mean that the school district will be successful in each 
instance.
    Furthermore, the committee intends that a child shall not 
be determined to be seriously disruptive on the basis of 
unreasonable considerations such as learning needs identified 
in the IEP or behavior that will not be affected by a change in 
educational setting.
    Subsection (d)(3) sets forth several additional conditions 
that must be met to remove a child from his or her current 
educational placement to an interim alternative educational 
setting. Under subsection (d)(3)(A), the principal and the 
child's IEP team (and hearing officer, if on appeal) must first 
ascertain that there is a cumulative record, over an extended 
period of time, of frequent behaviors, documenting that the 
child's ongoing seriously disruptive behavior significantly 
impairs the education of the child or the education of other 
children and the ability of the teacher to teach. Under 
subsection (d)(3)(B), the principal and the child's IEP team 
must then determine that there is documented evidence of 
efforts to address the behavior. Such evidence must include: 
(1) reconvening the child's IEP team to consider the 
appropriateness of the child's IEP; (2) the provision of 
special education and related services; (3) the use of 
supplemental services and strategies, including behavior 
management plans, that have been implemented over a reasonable 
period of time and have failed to address the needs of the 
child in a manner that would enable the child to remain in the 
current educational placement without significantly impairing 
the education of the child or the child's classmates and the 
ability of the teacher to teach; and (4) the training made 
available to the child's classroom teachers.
    If the parents disagree with the principal's determination 
that the child engaged in ongoing serious disruptive behavior, 
or with the child's IEP team's decision to place the child in 
an interim alternative educational setting, a hearing officer 
shall determine, based on the record relied upon by the 
principal and the IEP team, whether the determinations by the 
principal and the assessment by the child's IEP team were 
justified. The hearing officer's review shall take place within 
ten [10] business days of the parent's communicating 
disagreement to the principal unless exceptional circumstances 
exist, such as the unavailability of the hearing officer, in 
which case the review shall take place within twenty [20] 
business days. The committee also recognizes the hearing 
officer may grant additional, mutually agreed upon extensions 
of time at the request of parents and school authorities.
    Under section 615A(d)(2)(C), if the parents or school 
district disagree with the hearing officer's decision regarding 
the determinations of the principal or the child's IEP team, 
either party may challenge the decision by requesting a due 
process hearing under section 615(f). During the pendency of 
any such action or proceeding under subsections (f), (g), or 
(i), the child's educational placement shall be the placement 
determined by the hearing officer.

Timing and effect of assertion of a child's disability

    Subsection (f) of section 615A denies protection under IDEA 
to any child not yet found eligible for special education and 
related services and who engages in behavior that violates the 
rules or code of conduct of the LEA unless the LEA had 
knowledge of the child's disability before the behavior that 
precipitated the disciplinary action occurred. The LEA shall be 
deemed to have knowledge of a child's disability if the parent 
had expressed concern, in writing, if practicable, to 
appropriate educational personnel about the child's need for 
special education and related services, or the behavior of the 
child would demonstrate such need, including but not limited to 
a parental request for an evaluation or an expression of 
concern by the teacher of the child or other personnel to the 
director of special education, other agency staff, or the 
parents about the child's behavior which would demonstrate the 
child's need for such services.
    If the LEA does not have knowledge of a disability prior to 
taking disciplinary measures against the child, the child may 
be subject to the same disciplinary measures as children 
without disabilities who engage in such behavior. However, the 
evaluation requested by the parent shall be conducted in an 
expedited manner, and if the child is found to have a 
disability, the LEA shall provide special education and related 
services consistent with this part. During the pendency of the 
evaluation the child's placement shall be determined by school 
authorities. The committee intends that nothing in this 
subsection should be interpreted as requiring the agency to 
conduct an evaluation for the sole reason that a parent 
requests an evaluation. The committee endorses the Department 
of Education's interpretation that school districts are not 
required to conduct evaluations unless the agency suspects or 
has reason to suspect that the child has a disability.
    Subsection (f) of section 615A is a response to the 
potential misuse of the protections under IDEA by children who 
do not have disabilities. While attempting to address this 
issue, the committee, nonetheless, does not intend this 
amendment to be used to undermine or otherwise qualify school 
systems' affirmative, ongoing obligation under IDEA to 
identify, locate, and evaluate all children from birth through 
age 21 who are in need of special education and related 
services. The legal burden to identify possible special 
education needs of children with suspected disabilities remains 
with school personnel, who have the expertise to do so, not 
with parents, who generally do not.
    In light of the under-identification of certain racial and 
ethnic minority children in certain school districts across the 
country, the committee emphasizes that misuse of this amendment 
to preclude the identification of children with disabilities 
may be particularly devastating to low-income families, 
minority children, children with limited English proficiency, 
and others who do not have the resources to obtain 
independently the help schools are legally required to provide. 
State educational agencies will ensure that LEA's do not 
subject unidentified children with disabilities to disciplinary 
measures for behaviors that are not being appropriately 
addressed through programming and services because these 
children have not been previously referred for evaluations.

Referral to and actions by law enforcement and judicial authorities

    Subsection (g) of section 615A specifies that ``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.'

                             Administration

    Section 208 of the bill amends section 617 of IDEA, which 
governs the Secretary's administration of the act. The bill 
amends section 617(a) to delete two provisions that are no 
longer needed. First, paragraph (1)(D), which requires each 
State to certify the number of children with disabilities 
receiving special education and related services in the State 
would be deleted; the Secretary would gather needed data under 
section 618, as revised by the bill.
    Second, section 617(a)(2) (which required the Secretary to 
develop a uniform financial report for the States as soon as 
practicable after the 1975 enactment of P.L. 94-142) is also 
deleted as an unnecessary requirement. The Secretary relies on 
more general authority to obtain financial information, 
including Education Department General Administration 
Regulations governing State-administered programs (34 CFR part 
76), and the Uniform Administrative Requirements for Grants and 
Cooperative Agreements to State and local governments (34 CFR 
part 80).
    The bill adds a new section 617(e), which provides that the 
Secretary may not, through policy letters or other statements, 
establish a rule that is required for compliance with and 
eligibility under part B of IDEA. The committee intends that 
all requirements under IDEA be established through the 
legislative or regulatory processes. The bill also adds a 
provision requiring the U.S. Department of Education to widely 
disseminate, on a quarterly basis, a list of correspondence 
from the department during the previous quarter that describes 
the department's interpretations of this part and the 
implementing regulations. (Each item on the list must identify 
the topic being addressed, and include ``such other summary 
information as the Secretary finds appropriate.'')

                   Evaluation and Program Information

    Section 209 of the bill amends section 618 of IDEA, which 
establishes the basic authority of the Secretary to collect 
program information and conduct studies and evaluations related 
to implementation of the act.
    The bill, which rewrites section 618 in its entirety, 
significantly reduces the data burden to State and local 
educational agencies--by eliminating the requirement for 
individual State data reports by disability category. However, 
under revised section 618(b), the Secretary is required, 
directly or by grant, contract, or cooperative agreement, to 
conduct studies and evaluations necessary to assess (through 
quantitative and qualitative data and reporting modes) the 
effectiveness of efforts to provide free appropriate public 
education and early intervention services, including assessing 
the placement of children with disabilities by disability 
category. Also, section 618(b)(2) requires the Secretary to 
conduct a longitudinal study that measures the educational and 
transitional services provided to, and results achieved by, 
children with disabilities under this act.
    The bill adds a new section 618(c) to establish a tracking 
and reporting system for children with disabilities who are 
expelled from school. This provision requires the Secretary to 
study the post-school outcomes for such students and develop 
procedures for use by State educational agencies in monitoring 
the status of these students. Each State educational agency is 
required to collect information requested by the Secretary, and 
make an interim report of this information 2 years after the 
effective date of these amendments, and a final report 4 years 
after such date. Required data include the number and nature of 
disciplinary actions against students expelled pursuant to 
section 615A, and post-school status of such students.

                            Preschool Grants

    Section 210 of the bill includes changes to section 619 
that are virtually identical to the changes made in section 
611, with respect to State administration and State use of 
funds, subgrants to local educational agencies and other State 
agencies, and the provision on the use of funds by the outlying 
areas.

                       TITLE III--SYSTEMS CHANGE

    Given changing demographics and calls for increased 
accountability, States are under multiple pressures to make 
system wide changes in how they educate children with 
disabilities and in how they document the results of those 
efforts. The committee recognizes that States will require new 
resources and incentives to address these issues and problems. 
The committee believes that with fiscal support and incentives, 
State educational agencies working in partnership with local 
educational agencies and other interested individuals and 
organizations will be able to change systems in order to 
improve practices, procedures, policies, and training leading 
to improved educational and transitional results for children 
with disabilities. Title III of the committee amendments 
include a new part C as a comprehensive systems-change 
authorization for planning and implementation grants to SEA's 
to achieve these goals.
    The committee recognizes that local educators are often in 
the best position to identify and design ways to meet the 
emerging needs of schools. School-based disciplinary 
strategies, placement-neutral funding formulae and cost-
effectiveness strategies are critical local issues that have 
implications system wide. Other problems such as promoting 
comprehensive programs of personnel development and clearly 
defining measurable results that children with disabilities 
will achieve, and maintaining high academic standards and 
performance goals for children with disabilities, are also 
critical issues with system wide implications.
     The new section 621 of part C includes a listing of 
findings and purposes guiding the systems-change activities to 
be conducted to improve educational and transitional services 
and results for children with disabilities.
    The new section 622 authorizes grants to SEA's working in 
partnership with local educational agencies and other 
individuals, agencies, and organizations to address problems 
through a comprehensive statewide approach to finding solutions 
to problems. The section also authorizes grants to multiple 
States, in collaboration with universities and interested 
persons, to address barriers of a regional nature or national 
scope.

                        Stakeholder Partnerships

    The committee believes that in order for desirable system 
wide improvements to be identified, pursued, implemented, and 
sustained, SEA's need to work with broad stakeholder 
partnerships. Through such partnerships, States will be better 
equipped to address major system barriers. The committee 
recognizes that States will vary in their ability to organize 
partnerships of stakeholders, and to plan and implement 
systems-change grants. Thus, the committee bill authorizes 
grants to conduct planning activities (1 year in duration) and 
to conduct implementation activities (5 years in duration).

            Consortia to Address Regional or National Issues

    For SEA's, universities, and interested persons who wish to 
work in a consortium to address regional or national barriers 
to changing systems, the new section 622 authorizes funding for 
regional or national consortia. Examples of system needs and 
barriers of a regional nature or national scope are activities 
such as: establishing an alternative means for providing 
related services in rural areas; revising special education 
funding formulae and placement strategies; and creating models 
to meet the needs of unserved and underserved populations.
    The new section 623 outlines application requirements to be 
met by SEA's requesting systems-change grants. Applicants must 
describe the extent to which children with disabilities are 
participating in statewide assessment of student progress, the 
performance of children with disabilities on statewide 
assessments and how such assessment results are tied to the 
indicators used with other children in the general education 
curriculum. Further, applicants must describe how the 
organizational structures, policies, procedures, practices, and 
personnel roles will be changed because of grant activities and 
how such activities will lead to improved educational services 
and results for children with disabilities.

                   Participation in Education Reform

    The committee believes that children with disabilities must 
have the opportunity to participate in education reform now 
occurring in America's schools. Thus, the committee expects 
that special education systems-change grant activities must be 
coordinated with other educational systems reform initiatives. 
Such coordination should result in changes in organizational 
structures, and in blending administrative and fiscal 
procedures, and in alignment of use of personnel across special 
and general education.

                               Incentives

    Section 624 of part C describes incentives to guide 
applicants in the development of systems-change proposals. 
Incentives are provided to applicants for significant and 
substantial levels of collaboration among partners and for 
addressing the needs of unserved and underserved populations 
and inappropriately identified populations of children with 
disabilities. The committee believes that children with 
disabilities who are members of unserved, underserved and 
inappropriately identified populations must receive priority as 
States conduct needs studies, plan for systems improvements, 
and prepare personnel to work with children in special 
education.

              TITLE IV--RESEARCH AND PERSONNEL PREPARATION

    Title IV of the bill creates a new part D consolidating the 
authorization for research and innovation, and personnel 
preparation activities. Title IV of the bill consolidates part 
D in current law, which funds personnel preparation activities, 
and part E in current law, which funds research activities. The 
committee intends that research and personnel training 
activities are to be coordinated, ongoing and systematic. 
Personnel preparation activities are to reflect the most 
current findings from research programs. Also, research 
programs should explore new and innovative ways to train 
personnel, both pre-service and in-service, and assess the 
effectiveness and impact of such activities.
    Further, the committee intends that research/innovation and 
personnel preparation activities conducted under this part be 
closely linked to needs as identified within statewide 
improvement activities, including those funded under the new 
part C. It is anticipated that, over time, State and local 
educational agencies' efforts to improve services and results 
for children with disabilities will be closely coordinated with 
and influence the development of proposals to conduct research 
and personnel preparation activities.

                        Research and Innovation

    The new section 633(c) of part D of the committee bill 
authorizes funding for three types of research activity: (1) 
new knowledge production; (2) integration of research and 
practice; and (3) improving the use of professional knowledge. 
The committee intends this sequence of activity to improve the 
movement of new ideas, as validated through research, to the 
classroom, thus improving educational and transitional services 
and results for children with disabilities. For example, as a 
new behavior management strategy is validated through research, 
plans should be developed to demonstrate the strategy within a 
classroom and to disseminate it once it is validated as 
effective.

New knowledge production

    The new section 633(b) of the act funds research and 
innovation projects in areas of new knowledge, related to such 
things as learning styles, instructional approaches, behavior 
management, assessment tools, assistive technology, program 
accountability, and innovative models of personnel preparation. 
The committee expects such research projects to involve 
teachers, family members, and consumers of services in the 
process of originating, defining, and testing new knowledge. 
The committee believes that such involvement will improve the 
linkage of new knowledge with improved practice in the 
classroom.

Research to practice

    The new section 633(c) authorizes funding for projects 
which validate new knowledge findings through demonstration and 
dissemination of successful practices to appropriate audiences. 
The committee intends new knowledge to be tested in practical 
settings (e.g., classrooms) through demonstration and outreach 
projects. Such projects are to include efforts that are 
regional and national in scope so that new knowledge is widely 
disseminated and used in classrooms with many children with 
disabilities.

Use of knowledge

    The new section 633(d) authorizes projects to organize and 
disseminate practical knowledge to teachers, parents, and 
others who work with children with disabilities in classrooms 
and other settings. The committee intends this knowledge to 
attain widespread use where it may have a measurable positive 
impact on the educational performance of children with 
disabilities. The committee recognizes that administrators, 
educators, and family members must participate in the 
development and adoption of new knowledge to ensure classroom 
use. Stakeholders must be empowered to explore effective ways 
to apply new knowledge in varied context to yield new practices 
that will enjoy broad ownership, commitment, and 
implementation.

Personnel preparation

    The new section 634 of the act authorizes four targeted 
types of personnel preparation and support activities: (1) 
personnel serving children with high incidence disabilities; 
(2) personnel serving children with low-incidence disabilities; 
(3) leadership personnel; and (4) special projects to address 
alternative and improved ways of preparing personnel to address 
the needs of children with disabilities. The committee notes 
that, at present, many general educators are not fully prepared 
to teach children with disabilities in the regular classroom. 
In light of the unique needs of children with behavior problems 
and in order to enhance the ability of educators to respond to 
all children with behavior problems in the classroom, the 
committee directs the Secretary to support projects for in-
service training of personnel. Increased emphasis on in-service 
training for school personnel benefits the teacher and all the 
children in the classroom. The committee recognizes the need 
for a sufficient quantity and quality of personnel to work with 
children with disabilities. Personnel shortages are evident in 
most States. Shortages of personnel to work with children in 
low-incidence populations (e.g., blind, deaf, or multiply 
disabled) are critical in rural areas of many States. These 
shortages require innovative and unique solutions. The 
committee recognizes that a lack of well-trained personnel 
affects the quality of services provided to children with 
disabilities. Section 634 affirms the need to address State-
identified needs for qualified personnel who have skills and 
knowledge derived from information validated through practical 
research.
            Personnel serving children with high-incidence disabilities
    The new section 634(b) of the act authorizes support for 
the preparation of a variety of personnel to work with children 
who have disabilities such as, learning disabilities, mental 
retardation, serious emotional disturbance, and speech 
impairments, and others. Children with such disabilities 
represent a majority of the children with disabilities. The 
committee expects such support to ensure that teachers and 
related services personnel from various disciplines and 
backgrounds receive interdisciplinary training regarding 
innovative methods to address the diverse needs of individual 
children with disabilities. The committee recognizes the need 
to recruit and train highly qualified personnel, especially 
from unserved and underserved groups, using innovative career 
ladders and mentoring experiences, to solve the diverse 
problems facing children with disabilities in today's schools.
            Leadership personnel
    The new section 634(c) provides support for the training of 
personnel at the advanced graduate, doctoral, and post-doctoral 
levels. The committee encourages the preparation of leadership 
personnel who are able to address the needs of children with 
disabilities, especially those who are members of unserved, 
underserved, or inappropriately identified populations, and who 
are able to function in interdisciplinary settings with other 
persons affecting educational and transitional services of 
children with disabilities. Further, the committee expects 
support to go to institutions of higher education that 
integrate professional development of general education, 
special education, and other disciplines.
            Personnel serving children with low-incidence disabilities
    The new section 634(d), provides support for projects to 
train a variety of personnel who work with children with low-
incidence disabilities such as sensory impairments, multiple 
disabilities, and other severe disabling conditions. The 
committee intends to ensure that adequate personnel are 
prepared to meet the needs of low-incidence populations and to 
provide early intervention services to infants and toddlers 
with disabilities. When preparing personnel to provide services 
to visually impaired or blind children, the committee intends 
that personnel shall be prepared to teach and use braille in 
the provision of services to such children.
            Special projects to address alternative and improved ways 
                    of preparing personnel to address the needs of 
                    children with disabilities
    The new section 634(e), authorizes Projects of National 
Significance for the development and demonstration of new and 
innovative program models and approaches to the preparation of 
personnel to work with children with disabilities. The 
committee intends Projects of National Significance to 
demonstrate and apply new knowledge and models for the pre-
service and in-service preparation of special education, 
general education, and related services personnel serving 
children with disabilities. Such models should focus on finding 
innovative ways for personnel to collaborate on 
interdisciplinary teams, supporting children with disabilities 
to meet challenging performance expectations, particularly 
expectations related to the general education curriculum.

TITLE V--TECHNICAL ASSISTANCE, SUPPORT AND DISSEMINATION OF INFORMATION

    Title V of bill creates a new part E which authorizes 
parent training and information, technical assistance, support, 
dissemination, and technology and media activities. These 
activities are to be coordinated with and contribute to system 
changes and improved educational and transitional services and 
results for children with disabilities as described in parts B, 
C, and H of the bill.

                    Parent Training and Information

    The new section 643 supports Parent Training and 
Information Center activities, as authorized in current law. 
The bill provides for a number of changes, clarifications, and 
additions to current Parent Training and Information Center 
activities, and authorizes Community Parent Training and 
Information activities.
    The committee intends to encourage the involvement of 
parents of children with disabilities who are members of 
unserved, underserved, or inappropriately identified 
populations. Parents are to be supported to work in partnership 
with State systems-change activities so that improved services 
and results will meet the needs and expectations of parents.

Parent training and information centers

    New section 643(b) supports Parent Training and Information 
Centers. Such centers must collaborate with other centers and 
parent groups within a State and with systems-change partners 
in a State. Further, the subsection requires centers to work 
together through national and regional networks to address the 
needs of parents of children with disabilities who are members 
of unserved, underserved, or inappropriately identified 
populations in their States.

Community parent training and information programs

    Likewise, the new section 643(c) authorizes Community 
Parent Training and Information Programs to build capacity, 
demonstrate, and replicate models ensuring that parents of 
children with disabilities from unserved and underserved 
populations are able to participate in parent training and 
information activities. Further this subsection supports the 
provision of services to parents of children with disabilities 
from unserved and underserved populations, as well as parents 
of children inappropriately identified as disabled.

Technical assistance

    The new section 643(d) supports technical assistance 
activities to develop, coordinate, and disseminate information 
to Parent Training and Information Centers and Community Parent 
Training and Information Programs. The committee intends to 
encourage technical assistance in priority areas such as the 
transition of children with disabilities, mediation and 
alternative methods of dispute resolution, and the provision of 
assistance to parent training and information centers to become 
effective partners in State systems-change activities.

           Coordinated Technical Assistance and Dissemination

    The new section 644 provides support for a range of 
activities as described under current law. The committee's 
purpose in supporting these activities is to ensure continuous 
improvement in services and results for children with 
disabilities. The committee intends technical assistance and 
dissemination activities under this section to be closely 
linked and coordinated in support of improved services and 
results for children with disabilities as described in parts B, 
C, and H of this act. The committee recognizes the positive 
effects of the Regional Resource Centers (RRC) and the Federal 
Resource Center (FRC), funded under this and previous acts, on 
the lives of children with disabilities and their families. The 
RRC's and the FRC have been able to provide coordinated, 
efficient technical assistance across State lines and have used 
their networking capacity to provide rapid responses to 
critical and emerging issues.

Systems-change technical assistance to States

    The new section 644(b) of the act provides support for 
technical assistance to States, local education agencies, and 
other entities to help them plan and conduct comprehensive 
systems-change activities, as described in part C. The 
committee intends that technical assistance will be focused on 
helping State partnerships improve services and results for 
children with disabilities. Innovative methodologies and 
arrangements which support and empower stakeholders within 
States should be sought. States may expect to change their 
policies, procedures, and practices if they are to make 
stakeholder-accountable continuous improvements in services and 
results for children with disabilities. Technical assistance is 
expected to address these and other systemic management or 
leadership problems and issues.

Technical assistance to address interagency barriers

    The new section 644(c) provides support for technical 
assistance to address interagency barriers to results-oriented 
changes in systems. The committee supports collaboration 
between educational and noneducational entities at Federal, 
State, and local levels to facilitate changes in systems that 
result in improved outcomes for children with disabilities. 
Technical assistance will support collaboration between 
agencies providing: early intervention services; transition 
services between part H programs and preschool programs; and 
transition services for youth with disabilities moving from 
school to adult environments.

Technical assistance for defined State priorities

    The new section 644(d) provides support for specialized 
technical assistance and dissemination activities focusing on 
defined priority areas including those identified through State 
systems-change partnerships. The committee expects that these 
projects will address the needs of specific populations of 
children with disabilities, such as deaf-blind children and 
other groups of children with low-incidence disabilities and 
their families.
    The committee recognizes the post-secondary education needs 
of individuals who are deaf and hard of hearing and supports 
the operation of four model regional center programs to address 
those needs.

Information and dissemination technical assistance

    The new section 644(e) provides support for national 
information dissemination and referral activities relating to: 
(1) infants and toddlers with disabilities and their families, 
and children with disabilities and their families; (2) services 
and supports to deaf/blind children; (3) services and supports 
to blind and print-disabled children; (4) post-secondary 
services to individuals with disabilities; and (5) the need for 
and use of personnel to provide services to children with 
disabilities.
    It is the intent of the committee that clearinghouses and 
other programs conducting information dissemination and 
referral activities collaborate closely with State systems-
change partners to eliminate barriers to continuous improvement 
of service outcomes and to continue to disseminate information 
about these outcomes.

National coordination of technical assistance

    The new section 644(f) of the act provides support for the 
coordination of all national technical assistance and 
dissemination activities. National coordination of technical 
assistance, support, and dissemination activities is needed to 
ensure the full implementation of parts B and H, as well as 
implementation of State systems-change partnership activities 
under the new part C of the act and to ensure that these 
activities are focused on improved results for children.

Technology development, demonstration and utilization

    The new section 645 provides for programs which have 
provided technology and media services to individuals with 
disabilities for several years under current law. The intent of 
the committee is to continue support for these programs under a 
new and restructured section 645.
    The new section 645(a) describes the intent and eligibility 
of applicants to participate in the provision of services under 
this section.
    The new section 645(b) provides support for the research, 
development, and demonstration of innovative and emerging 
technology benefiting children with disabilities. This 
subsection further provides support for: transfer of technology 
for use by children with disabilities; development of 
accessible, effective, and usable products; and the 
communication of information about such products and their uses 
to children with disabilities.

Media

    The new section 645(c) of IDEA authorizes the use of funds 
for captioning the broad range of programming currently 
supported by the Department of Education under the 
Instructional Media for Individuals with Disabilities 
authority. However, the committee expects the department to 
modify the scope of programs it captions with the 
implementation of the recently enacted Telecommunications Act 
of 1996. The Telecommunications Act requires the Federal 
Communications Commission to prescribe regulations by August 
1997 that ensure that new video programming is closed-captioned 
and that video programming providers or owners maximize the 
accessibility of existing programming through closed-
captioning. The committee anticipates that implementation of 
this requirement will change the Department of Education's role 
in captioning because the Telecommunications Act clearly 
anticipates captioning by the providers and owners of 
programming. However, it also authorizes the FCC to establish 
appropriate timetables for implementing mandatory captioning 
and to exempt programs or classes of programs for which the 
provision of captioning would be economically burdensome for 
the owners or providers. Once the FCC regulations are in place, 
the committee would expect the Department of Education to 
direct its captioning resources toward programming in which 
there is a clear public interest in ensuring its accessibility. 
In making its funding decisions, the Department of Education 
should take into account the educational and informational 
aspects of the programming in terms of the needs of the 
individuals who are hearing impaired.

            TITLE VI--INFANTS AND TODDLERS WITH DISABILITIES

    Title VI of the bill amends part H of IDEA, which assists 
States to provide early intervention services to all children 
with disabilities from birth through age two and their 
families. Part H is an evolving program that has proven 
successful and enjoyed strong support since its enactment in 
1986. Therefore, no major amendments are proposed. However, the 
bill makes a number of technical and conforming changes and 
other revisions, as described below:

                          Findings and Policy

    Section 601 of the bill amends the policy statement under 
section 671(b) of IDEA by striking ``program'' and inserting 
the broader term ``system,'' to clarify that a basic policy of 
part H is to assist States to establish a statewide, 
comprehensive, coordinated multi-disciplinary interagency 
system of early intervention services for infants and toddlers 
with disabilities and their families.
    The bill adds a specific policy statement to section 671(b) 
on ``at-risk infants and toddlers,'' as follows: ``to encourage 
States to expand opportunities for children from birth through 
age 2 who are at risk of having substantial developmental 
delays if early intervention services are not provided to the 
children.''

                              Definitions

    Section 602(a) of the bill amends the definitions in 
section 672 of IDEA, by adding a singular definition of 
``infant or toddler with a disability,'' and by providing for 
using singular or plural terms for ``at-risk infant or 
toddler'' or ``at-risk infants and toddlers.'' The bill also 
alphabetizes and adds headings to all definitions.

                           General Authority

    Section 603 of the bill makes a technical change to section 
673 (General Authority), by striking ``develop'' and inserting 
``implement,'' to clarify that the purpose of the part H grants 
is to assist States to ``implement'' a system of early 
intervention services. Because the start-up effort for 
developing an early intervention system within each State has 
been achieved, the term ``implement'' is more appropriate.

                              Eligibility

    Section 604 of the bill makes a technical change to section 
674 of IDEA by changing the title of the section from ``General 
Eligibility'' to ``Eligibility''. The bill also strikes the 
statement in section 674 related to establishment of a State 
Interagency Coordinating Council and inserts ``the State has in 
effect the early intervention services required by section 
676.'' (All States now have such a council; therefore that 
provision is no longer relevant. However, as a basic condition 
for receiving funds under part H, it is relevant to reference 
the statewide system of early intervention services in section 
676.)

                         Continuing Eligibility

    Section 605 of the bill repeals section 675 of IDEA 
(Continuing Eligibility). The provisions in section 675 applied 
only to the first 5 years of the States'' participation in the 
part H program and are now obsolete. The substantive 
requirements that States now must meet are retained in section 
676 (Requirements for a statewide System).

                  Requirements for a Statewide System

    Section 606(b)(2) of the bill amends section 676 of IDEA 
(Requirements for a statewide System), by striking the 
provision in section 676(b)(2) requiring timetables for 
ensuring early intervention services, and inserting a new 
paragraph (2), which states that each statewide system must 
have ``a State policy in effect ensuring that appropriate early 
intervention services are available to all infants and toddlers 
with disabilities (including Indian infants and toddlers with 
disabilities on reservations) in the State and their 
families.''
     The provision on ``comprehensive system of personnel 
development'' in 676(b)(8)(C) is amended by 602(b)(4) of the 
bill by adding ``inner city'' to ``rural,'' as areas in which 
training of personnel are needed. With respect to training 
personnel to coordinate the transition services for infants and 
toddlers with disabilities from an early intervention program, 
the bill strikes ``a preschool program under section 619 of 
part B'' and inserts ``preschool or other appropriate 
services'' to ensure that other options are considered during 
the transition planning.
    Section 606(b)(6) of the bill makes a technical change to 
the data system required in section 676(b)(14) by striking the 
specific information listed in that paragraph and, in lieu 
thereof, including a reference to data ``requested by the 
Secretary under section 618 that relates to this part.''
    Section 606(b)(7) of the bill adds a new paragraph (15) to 
section 676(b) to clarify that the statewide system must have 
``a council that meets the requirements of section 682.'' 
Section 606(b)(7) also adds a new subsection related to the use 
of paraprofessionals, which states: ``Nothing in this act, 
including subsection (b), prohibits the use of 
paraprofessionals who are appropriately trained and supervised 
by qualified personnel (in accordance with State law, 
regulations, or written policy) in meeting the requirements of 
this part.''

                   Individualized Family Service Plan

    Section 607 of the bill makes technical and conforming 
changes to section 677 of IDEA (individualized family service 
plan (IFSP)).

                    State Application and Assurances

    Section 678 of IDEA (State Application and Assurances) is 
amended by section 608 of the bill, as follows: Section 
608(a)(1) amends section 678(a)(3) (information demonstrating 
eligibility under section 674) by requiring that the State 
include information demonstrating that it has in effect a 
statewide system of early intervention services, and by 
requiring a description of the services to be provided to 
infants and toddlers and their families under this part.
    Section 608(a)(2) strikes paragraph (4) under section 
678(a) (requiring each State to demonstrate its eligibility for 
a particular year during the first 5 years of participation 
under part H), which is now obsolete. A new paragraph (4) is 
added requiring a statement of whether the State will serve at-
risk infants and toddlers with disabilities and their families 
under part H.
    Section 608(a)(4) replaces the transition planning 
requirements in section 678(a)(8) of IDEA with more 
comprehensive provisions regarding such planning. The new 
provisions ensure that the State has procedures for notifying 
the local educational agency about the toddler and, with the 
approval of the family, convening a planning conference 
involving the lead agency, the family and the local educational 
agency.
    The bill also includes language permitting (at the 
discretion of all parties) the transition process to begin up 
to six (6) calendar months prior to the child's third birthday 
to allow increased opportunity for planning and development of 
appropriate and effective transition activities. This in no way 
should be construed to mean that an agency or service provider 
could not revisit the transition plan throughout the transition 
period if the needs of the child and family change.
    The new provision also provides for transition planning in 
cases when a child is not eligible for services under part B. 
The bill retains the requirements in current law related to 
program options from the child's third birthday through the 
remainder of the school year and to establishing a transition 
plan.

                             Uses of Funds

    Section 609 of the bill amends section 679 of IDEA (Uses of 
Funds) to provide greater flexibility in addressing the needs 
of ``at-risk infants and toddlers'' in those States not 
currently serving such children. Section 609(a)(4) adds a new 
paragraph (4) to permit a State to use its part H funds for 
initiating, expanding, or improving collaborative efforts 
related to at-risk infants and toddlers, including: 
establishing linkages with appropriate public and private 
organizations, services and personnel for identifying and 
evaluating at-risk infants and toddlers; referring those 
children to other (nonpart H) services; and conducting periodic 
follow-ups on each referral to determine if the child's 
eligibility under part H has changed.
    While paragraph (4) applies, by its terms, only to States 
that do not serve at-risk infants and toddlers under part H, 
States that are serving those infants and toddlers may carry 
out these activities as well, under the general authority to 
use part H funds to implement their statewide systems. 
Paragraph (4) is intended to provide both clear authority and 
an incentive for States that are not serving at-risk infants 
and toddlers, not to penalize States that are already doing so.

                         Procedural Safeguards

    Section 610 of the bill amends section 680 of IDEA 
(Procedural Safeguards) by making technical and conforming 
changes and by adding a new paragraph (8) to clarify that the 
procedural safeguards available under section 680(a) include 
``the right to use mediation in accordance with section 
615(e).''

                 State Interagency Coordinating Council

    Section 611 of the bill amends section 682 of IDEA (State 
Interagency Coordinating Council), as follows: with respect to 
the composition of the council under section 682(b), the bill 
provides for including, in addition to one member of each State 
agency involved in the provision of early intervention services 
to infants and toddlers with disabilities, a member from any 
other State agency that provides services to at-risk infants 
and toddlers and their families. Section 611(a)(4) of the bill 
also provides for adding at least one member from a Head Start 
agency or program in the State, and a representative from the 
State agency responsible for child care.
    Section 611(b) of the bill amends section 682(e) of IDEA 
(Functions of the Council) to add a new paragraph (3), which 
provides that ``The Council may advise appropriate agencies in 
the State with respect to the integration of services for 
infants and toddlers with disabilities (including at- risk 
infants and toddlers), regardless of whether at-risk infants 
and toddlers are eligible for early intervention services in 
the State.''
    Section 611(c) of the bill strikes the obsolete provision 
in 682(g) regrading ``existing Councils''.

                          Allocation of Funds

    Section 613 of the bill amends section 684 of IDEA 
(Allocation of Funds) by making technical and other changes, as 
follows: The bill requires the part H funds awarded to the 
outlying areas to be used to carry out part H and prohibits the 
consolidation of such funds, as authorized under section 501 of 
P.L. 95-134. Section 613(b) makes technical changes to section 
684(b) regarding distribution of funds to tribes and tribal 
organizations.
    Section 613(c) of the bill requires the Secretary to 
reserve up to ``0.0005'' of the amount of part H funds 
appropriated under section 687 for the operation of the Federal 
Interagency Coordinating Council and provides that the 
Secretary may reserve up to $100,000 for expenses of the panel 
of experts in studying the definition of developmental delay 
under section 686.

                Federal Interagency Coordinating Council

    Section 614 of the bill amends section 685 of IDEA (Federal 
Interagency Coordinating Council), to clarify that one of the 
purposes (minimizing duplication of programs and activities 
across Federal, State and local agencies related to early 
intervention services for infants and toddlers with 
disabilities) also includes at-risk infants and toddlers and 
their families.
    Section 614(b) of the bill amends section 685(b) (regarding 
the composition of the Council) to make technical changes, 
including, designating a new member (a representative of the 
Office of Educational Research and Improvement in the U.S. 
Department of Education); clarifying that the Administration 
for Children and Families shall assign two members to the 
Council--a representative of the Children's Bureau, and a 
representative of the Head Start Bureau; clarifying that 
parents of children aged 12 or under ``shall constitute at 
least 20 percent of the members of the Council''; and making 
other technical changes.
    Section 614(c) of the bill amends the Functions of the 
Council in section 685(d) by clarifying that the council, in 
addition to advising the Secretary of Education (as in current 
law), the Council also is responsible for advising the 
Secretaries of the U.S. Departments of Health and Human 
Services, Defense, Agriculture, and Interior and the 
Commissioner of Social Security ``in the performance of their 
responsibilities related to serving children from birth through 
age 5 who are eligible under this part or under part B.''

               Study of Definition of Developmental Delay

    Section 615 of the bill includes a provision requiring the 
Federal Interagency Coordinating Council to convene a panel of 
experts to develop recommendations to the Secretary for a model 
definition of the term ``developmental delay'' to assist States 
in implementing the requirement in section 676(b)(1) related to 
each State's definition of developmental delay.
    The bill requires the panel to review the definition of 
infants and toddlers with disabilities in section 672(1); 
conduct an analysis of the criteria used by States to determine 
whether a child has a developmental delay or a diagnosed 
physical or mental condition, for purposes of ascertaining 
whether the child is an infant or toddler with a disability; 
and consider the appropriateness of defining the term 
``developmental delay'' to include the combination of a 
multiplicity of factors that, when taken together, have a high 
probability of resulting in developmental delay if early 
intervention services are not provided.
    The bill requires the Secretary to disseminate a model 
definition, following publication of the panel recommendations 
in the Federal Register and reviewing the comments and 
recommendations received.

                            V. Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 15, 1996.
Hon. Nancy Landon Kassebaum,
Chairman, Committee on Labor and Human Resources,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1578, the 
Individuals with Disabilities Education Act Amendments of 1996, 
as ordered reported by the Senate Committee on Labor and Human 
Resources Services on March 21, 1996. Because enactment of S. 
1578 would not affect direct spending or receipts, pay-as-you-
go procedures would not apply to the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                         June E. O'Neill, Director.

                             Cost Estimate

    1. Bill number: S. 1578.
    2. Bill title: Individuals with Disabilities Education Act 
Amendments of 1996.
    3. Bill status: As ordered reported by the Senate Committee 
on Labor and Human Resources on March 21, 1996.
    4. Bill purpose: The purposes of S. 1578 are to ensure that 
all children with disabilities have available to them a free 
appropriate public education, to protect the rights of children 
with disabilities and their parents, and to assist states and 
local governments in providing education for children with 
disabilities. Further purposes of the bill are to assist States 
in providing early intervention services for infants and 
toddlers with disabilities and to assess efforts to educate 
children with disabilities.
    S. 1578 would revise the current Individuals with 
Disabilities Education Act (IDEA) and would reauthorize funding 
for many of the programs that fall under the act through fiscal 
year 2002.
    5. Estimated cost to the Federal Government: The following 
table shows discretionary spending under S. 1578 with and 
without adjustments for inflation in cases where the bill would 
authorize such sums as necessary. With adjustments for 
inflation, authorizations of appropriations would total $25.1 
billion over the 1996-2002 period, as compared with $21.0 
billion under current law (see Table 2). Without adjustments 
for inflation, authorizations of appropriations would total 
$23.1 billion over the 1996-2002 period, as compared with $19.3 
billion under current law (see Table 3).

                                 TABLE 1: ESTIMATED BUDGETARY IMPACT OF S. 1578                                 
                                    [By fiscal year, in millions of dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                     1996     1997     1998     1999     2000     2001     2002 
----------------------------------------------------------------------------------------------------------------
                                         With Adjustments for Inflation                                         
                                                                                                                
Spending under current law:                                                                                     
    Estimated authorization......................    3,212    2,764    2,844    2,923    3,005    3,089    3,176
    Estimated outlays............................    3,227    3,129    2,901    2,850    2,904    2,985    3,069
Proposed changes:                                                                                               
    Estimated authorization......................      201      737      593      609      626      644      662
    Estimated outlays............................       20      194      551      611      613      622      640
Spending under S. 1578:                                                                                         
    Estimated authorization......................    3,413    3,500    3,436    3,533    3,632    3,733    3,838
    Estimated outlays............................    3,247    3,323    3,452    3,461    3,517    3,607    3,708
                                                                                                                
                                        Without Adjustments for Inflation                                       
                                                                                                                
Spending under current law:                                                                                     
    Estimated authorization......................    3,212    2,683    2,683    2,683    2,683    2,683    2,683
    Estimated outlays............................    3,227    3,121    2,836    2,710    2,683    2,683    2,683
Proposed changes:                                                                                               
    Estimated authorization......................      201      727      574      574      574      574      574
    Estimated outlays............................       20      193      544      593      581      574      574
Spending under S. 1578:                                                                                         
    Estimated authorization......................    3,413    3,410    3,257    3,257    3,257    3,257    3,257
    Estimated outlays............................    3,247    3,314    3,380    3,303    3,265    3,257   3,257 
----------------------------------------------------------------------------------------------------------------
Note: Current law figures for 1996 are the annualized amounts already provided by appropriations acts for the   
  fiscal year. Proposed changes figures for 1996, are the difference between what is authorized in the bill and 
  the current law annualized amounts. Components may not sum to totals, because of rounding.                    
The costs of this bill fall within budget function 500.                                                         


             TABLE 2: ESTIMATED BUDGETARY IMPACT OF S. 1578 BY TITLE, WITH ADJUSTMENTS FOR INFLATION            
                                    [By fiscal year, in millions of dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                     1996     1997     1998     1999     2000     2001     2002 
----------------------------------------------------------------------------------------------------------------
Title II:                                                                                                       
    Estimated authorization......................        0        0        4        4        4        4        5
    Estimated outlays............................        0        0        0        3        4        4        4
Title III:                                                                                                      
    Estimated authorization......................       83      167       30       31       32       33       34
    Estimated outlays............................        8       66      124       67       38       31       32
Title IV:                                                                                                       
    Estimated authorization......................       86      170      131      135      138      142      146
    Estimated outlays............................        9       69      137      139      136      138      141
Title V:                                                                                                        
    Estimated authorization......................       32       75       93       96       98      101      104
    Estimated outlays............................        3       27       62       86       94       98      100
Title VI:                                                                                                       
    Estimated authorization......................        0      325      335      344      354      363      374
    Estimated outlays............................        0       33      229      316      342      351      361
Total:                                                                                                          
    Estimated authorization......................      201      737      593      609      626      644      662
    Estimated outlays............................       20      194      551      611      613      622      640
----------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.                                                     


           TABLE 3: ESTIMATED BUDGETARY IMPACT OF S. 1578 BY TITLE, WITHOUT ADJUSTMENTS FOR INFLATION           
                                    [By fiscal year, in millions of dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                     1996     1997     1998     1999     2000     2001     2002 
----------------------------------------------------------------------------------------------------------------
Title II:                                                                                                       
    Estimated authorization......................        0        0        4        4        4        4        4
    Estimated outlays............................        0        0        0        3        4        4        4
Title III:                                                                                                      
    Estimated authorization......................       83      167       30       30       30       30       30
    Estimated outlays............................        8       66      124       67       37       30       30
Title IV:                                                                                                       
    Estimated authorization......................       86      170      131      131      131      131      131
    Estimated outlays............................        9       69      137      138      133      131      131
Title V:                                                                                                        
    Estimated authorization......................       32       75       93       93       93       93       93
    Estimated outlays............................        3       27       62       85       92       93       93
Title VI:                                                                                                       
    Estimated authorization......................        0      316      316      316      316      316      316
    Estimated outlays............................        0       32      221      300      316      316      316
Total:                                                                                                          
    Estimated authorization......................      201      727      574      574      574      574      574
    Estimated outlays............................       20      193      544      593      581      574      574
----------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.                                                     

    6. Basis of estimate: The spending that would occur under 
S. 1578 would be subject to the availability of appropriated 
funds. Estimated outlays are based on historical spending of 
programs authorized by IDEA.
    Title I of S. 1578 would have no Federal budgetary effects. 
Title II would revise part B of IDEA, which includes general 
grants to States, grants to States for preschool children, and 
evaluation and program information grants. S. 1578, like 
current law, would authorize such sums as may be necessary for 
general grants and grants for preschool children. Therefore, S. 
1578 would have no Federal budgetary effects relative to 
current law for these two programs. S. 1578 would authorize 
appropriations for evaluation and program information grants of 
$4.1 million for fiscal year 1998 and such sums as may be 
necessary for the succeeding fiscal years. If authorized levels 
for this program are adjusted for inflation, new budget 
authority for this program would total $21.7 million from 1998 
to 2002. If authorized levels are not adjusted for inflation, 
new budget authority over the same period would total $20.5 
million.
    Title III of S. 1578 would extend authorizations of 
appropriations for programs under part C of IDEA through fiscal 
year 1997 at the authorization levels set in current law for 
fiscal year 1994--a total of $167 million. Title III would also 
replace the various program authorizations with a single 
authorization of appropriations for grants for system wide 
changes beginning in fiscal year 1998. S. 1578 would authorize 
$30 million for fiscal year 1998 and such sums as may be 
necessary through 2002. Total new budget authority would be 
$158.6 million for 1998 through 2002 if adjusted for inflation, 
or $150 million if not adjusted for inflation.
    Title IV of S. 1578 would extend authorizations of 
appropriations for programs under part D of IDEA through fiscal 
year 1997 at the authorization levels in current law for fiscal 
year 1994--a total of $170 million. S. 1578 would authorize a 
total of $131 million for fiscal year 1998 for personnel and 
research grants under part D, thereby consolidating parts D and 
E of IDEA. (Under current law, grants for personnel fall under 
part D of IDEA and grants for research fall under part E.) 
Total new budget authority for part D under S. 1578 would be 
$692.7 million for 1998 through 2002 if adjusted for inflation, 
or $655 million if not adjusted for inflation.
    Title V of S. 1578 would extend authorizations of 
appropriations for programs under part E of IDEA through fiscal 
year 1997 at the authorization levels in current law for fiscal 
year 1994--a total of $75 million. Effective in fiscal year 
1998, S. 1578 would create a new part E which would replace 
current law parts F and G. Title V would authorize a total of 
$93 million for fiscal year 1998 and such sums as necessary for 
fiscal years 1999 through 2002 for parent training, coordinated 
technical research, and technology development. Total new 
budget authority under this title would be $492 million for 
1998 through 2002 if adjusted for inflation, or $465 million if 
not adjusted for inflation.
    Title VI of S. 1578 would extend authorizations of 
appropriations at such sums as may be necessary through fiscal 
year 2002 for part H of IDEA, which gives grants to States for 
infants and toddlers with disabilities. Authorizations of 
appropriations would total nearly $1.8 billion for 1998 through 
2002 if adjusted for inflation, or about $1.6 billion without 
adjustments for inflation.
    7. Pay-as-you-go considerations: None.
    8. Estimated impact on State, local, and tribal 
governments: Section 4 of Public Law 104-4 excludes from 
application of the act legislative provisions that ``establish 
or enforce statutory rights that prohibit discrimination on the 
basis of . . . handicap or disability.'' CBO has determined 
that all provisions of S. 1578 either fit within this 
exclusion, are conditions of Federal assistance, or constitute 
a duty arising from participation in a voluntary Federal 
program, and are thus not mandates under the terms of P. L. 
104-4.
    9. Estimated impact on the private sector: S. 1578 contains 
no private sector mandates as defined in Public Law 104-4. Any 
requirements in the bill are excluded from consideration under 
the Unfunded Mandates Reform Act of 1995 because they establish 
or enforce statutory rights that prohibit discrimination on the 
basis of disability or because they are conditions of Federal 
assistance.
    10. Estimate comparison: None.
    11. Previous CBO estimate: None.
    12. Estimate prepared by: Federal cost estimate: Justin 
Latus; State and local cost estimate: Mark Nicole; private 
sector mandate estimate: Jay Noell.
    13. Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                    VI. Regulatory Impact Statement

    The committee has determined that there will be substantial 
reductions in the regulatory burden of paperwork as the result 
of this legislation.

                    VII. Section-by-Section Analysis

    Section 101. This section provides that the short title of 
the bill is the ``Individuals with Disabilities Education Act 
Amendments of 1996.''
    Section 102. This section amends section 602 of the act to 
include definitions of ``behavior management plan,'' 
``educational service agency,'' ``general education 
curriculum,'' ``inappropriately identified,'' ``individualized 
family service plan (IFSP),'' and ``infant or toddler with a 
disability,'' ``outlying areas,'' ``parent'' (to include a 
legal guardian), ``supplementary aids and services,'' 
``systems-change activities,'' ``systems-change outcomes,'' and 
``unserved and underserved''. The section also deletes 
definitions of ``research and related purposes,'' ``public and 
private agency,'' and ``youth with a disability'' and moves the 
definition of ``transition services'' to section 614(i).
    Section 103. This section amends section 603 of the act to 
clarify that the U.S. Department of Education Office of Special 
Education Programs (OSEP) is authorized to accept voluntary and 
uncompensated services in furtherance of the purposes of this 
act.
    Section 104. This section clarifies the public comment 
period on regulations proposed under part B.
    Section 105. This section amends section 609 of the act to 
clarify that, under parts C and E, grants may not be made 
relating exclusively to programs, projects, and activities 
pertaining to children aged 3 though 5, unless a State is 
eligible to receive a preschool grant under section 619 of the 
act.
    Section 106. This section amends section 610 of the act 
regarding administrative provisions pertaining to support 
programs under IDEA, and reduces the number of support programs 
from 14 to 7. This section extends current provisions for 
outreach to minorities.
    Section 107. This section repeals section 605 of the act 
(Acquisition of Equipment and Construction of Necessary 
Facilities) and section 607 (Grants for the Removal of 
Architectural Barriers).
    Section 108. This section of the bill provides that section 
610 under current law shall apply with respect to 
administrative activities related to parts C through G of 
current law for fiscal years 1996 and 1997. The bill also 
requires the Secretary to use funds appropriated under IDEA for 
fiscal year 1997 to carry out such administrative activities as 
may be necessary regarding evaluation of applications for 
fiscal year 1998.
    Section 109. This section provides that, except as provided 
in section 107, the amendments made by title I of the bill 
shall take effect on October 1, 1997.
    Section 201. This section amends section 611 of the act 
regarding entitlements and allocations to State and local 
educational agencies under part B of IDEA by: expanding the 
list of activities that a State may carry out if it retains 
part B funds at the State level; giving States options in 
making minimum grants; requiring that outlying areas to use 
their part B funds in accordance with the purposes of IDEA; 
making conforming amendments regarding grants to the Secretary 
of the Interior and submission of annual reports from tribes or 
tribal organizations to the Secretary of the Interior.
    Section 202. This section amends section 612 of the act to 
simplify the requirements for State participation under part B. 
This section amends the ``child find'' requirements to codify 
current policy that a child who has a disability and needs 
special education need not be classified by a specific 
impairment or condition in order to be eligible for services 
under part B. The section also requires that the State's 
funding formula not result in placements that violate the 
policy that children are placed in the least restrictive 
environment; and that the State educational agency examines 
data to determine if significant racial disproportionality is 
occurring in the evaluation and placement of children under 
this act; and if either situation is identified, to take 
appropriate corrective action. The section amends provisions 
for transition from part H to part B services to conform to the 
transition planning requirements under part H. The section 
clarifies reimbursement procedures for private placement and 
requires parents to notify agencies that they intend to place a 
child in a private school. This section requires noneducational 
agencies to reimburse educational agencies for services to 
eligible children, and requires that States ensure that an 
interagency agreement or other mechanism is in effect between 
the affected agencies. Further, this section amends the 
provision related to the ``Comprehensive System of Personnel 
Development'' to simplify and reduce the burden of data 
provisions. In this section, personnel standards requirements 
are revised to include the use of paraprofessionals, and to 
clarify that paraprofessionals must be trained and supervised 
by qualified personnel in accordance with State law, 
regulations, or written policy. This section also provides for 
IDEA to conform to general education initiatives, requiring 
States to establish performance goals and indicators for 
children with disabilities, and requiring States to ensure that 
these children participate in statewide and districtwide 
assessments, with appropriate accommodations or alternative 
assessments where necessary. This section clarifies that 
States' policies and procedures for public comment and 
rulemaking process will suffice to fulfill public review 
requirements. Finally, this section reduces paperwork and staff 
burden by no longer requiring States to submit 3-year State 
plans.
    Section 203. This section amends section 613 of the act to 
reduce paperwork and simplify participation of local 
educational agencies under part B by replacing the local 
application requirements with new local eligibility provisions, 
and by conforming those provisions to new State eligibility 
requirements. This section provides four exceptions to 
``maintenance of effort'' provisions. This section provides 
flexibility to local educational agencies in the use of part B 
funds, while still ensuring that children with disabilities 
receive needed special education and related services by: 
permitting local educational agencies to provide special 
education services to a child with a disability in the regular 
classroom without having to track the costs of incidental 
benefits to nondisabled students; allowing services provided to 
IDEA-eligible children to be simultaneously provided to 
children who are protected by the Americans with Disabilities 
Act and section 504 of the Rehabilitation Act; allowing local 
educational agencies to use up to 5 percent of their part B 
funds to develop and implement a coordinated services system 
with other agencies; and authorizing use of part B funds to 
design, implement, and evaluate a school-based improvement 
plan. This section also provides for joint eligibility under 
part B if an LEA is too small to qualify for a minimum grant. 
Paperwork is reduced by providing that an LEA would not have to 
resubmit policies and procedures which have demonstrated 
compliance to the satisfaction of the State, unless those 
policies and procedures are changed.
    Section 204. This section amends section 614 of the act to 
require review of existing evaluation data on a child with 
disabilities to determine the need for reevaluation before 
proceeding. The section requires the IEP team to consider 
behavior management plans to address problem behavior. The 
section replaces IEP ``annual goals and short term 
instructional objectives'' with ``measurable annual 
objectives.'' The section requires each local educational 
agency to 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.
    Section 205. This section repeals section 614A of the act.
    Section 206. This section amends section 615(a) of the act 
to require that States make mediation available to parents as 
an alternative to due process on a voluntary basis. This 
section requires parents to provide the agency with written 
notice of their intent to request a due process hearing 10 
business days prior to filing the complaint. The section 
clarifies that awards of attorneys' fees shall be determined in 
accordance with the law established by the Supreme Court in 
Hensley v. Eckerhart, 461 U.S. 424 (1983) and adds a provision 
to clarify that an IEP meeting shall not in and of itself be 
deemed a proceeding triggering the award of attorneys' fees.
    Section 207. Section 615A provides guidelines that describe 
how schools may discipline students with disabilities under 
certain circumstances involving dangerous weapons or drugs; 
serious bodily injury; or ongoing seriously disruptive 
behavior.
    Section 208. This section amends section 617 of the act by 
allowing the Secretary to use data and information obtained 
under more general authorities than IDEA, and by providing that 
the Secretary may not, through policy letters or other 
statements, establish a rule that is required for compliance 
with and eligibility under part B of IDEA.
    Section 209. This section amends section 618 to eliminate 
the requirement for States to report data by disability 
category, instead requiring States to conduct studies and 
evaluations on the effectiveness of efforts to provide free 
appropriate public education and early intervention services. 
The section requires the Secretary to conduct a longitudinal 
study that measures provision and results of educational and 
transitional services to children with disabilities under this 
act, including studies of services and results in various 
placements. This section adds a requirement for a tracking and 
reporting system for children with disabilities who are 
expelled from school and provides for earmarked funding for 
this activity.
    Section 210. This section amends section 619 of the act to 
conform preschool grants to other programs.
    Section 211. This section clarifies SEA payment 
distributions to LEA's.
    Section 212. This section clarifies applicability of 
definitions.
    Section 213. This section makes conforming and technical 
amendments to the act.
    Section 214. This section establishes the effective date, 
with some exceptions, for this title as January 1998.
    Section 301. This section amends part C of the act by 
providing for grants to promote systems-change to improve 
educational and transitional services and results for children 
with disabilities.
    Section 302. This section amends section 625 of the a act 
to reauthorize fiscal year 1997 funding for centers and 
services to meet special needs of individuals with 
disabilities.
    Section 303. This section establishes the effective dates 
for this part as October 1, 1997.
    Section 401. This section creates a new part D to authorize 
research/innovation and personnel preparation activities which 
are to be coordinated with system change activities funded 
under part C of the bill. Parts D and E of the act are 
consolidated. There are authorized to be appropriated $63 
million for research/innovation and $81 million for personnel 
preparation activities for fiscal year 1998 and such sums as 
may be necessary for each of fiscal years 1999 through 2002.
    Section 402. This section consists of conforming 
amendments.
    Section 403. This section reauthorizes appropriations for 
fiscal year 1997 relating to personnel training.
    Section 404. This section establishes the effective dates 
for this title, other than section 403, as October 1, 1997.
    Section 501. This section creates a new part E authorizing 
parent training and information centers, technical assistance, 
support, dissemination, and technology and media activities to 
coordinate with part C of the bill. There are authorized to be 
appropriated $13.6 million for parent training and information 
centers, $36,434,000 for technical assistance, support and 
dissemination, and $30 million for technology and media 
activities for fiscal year 1998 and such sums as may be 
necessary for each of fiscal years 1999 through 2002.
    Section 502. This section makes conforming amendments.
    Section 503. This section reauthorizes funding for this 
title for fiscal year 1997.
    Section 504. The effective dates of the amendments to this 
title shall be October 1, 1997.
    Section 601. This section clarifies the basic policy of 
early intervention in this part of the act.
    Section 602. This section adds definitions to the act.
    Section 603. This section clarifies the purpose of the part 
H grants.
    Section 604. This section makes technical amendments.
    Section 605. This section repeals section 675 of IDEA 
(Continuing Eligibility).
    Section 606. This section allows the use of 
paraprofessionals who are appropriately trained and supervised 
by qualified personnel, in accordance with State law, 
regulations, or written policy.
    Section 607. This section of the bill makes technical and 
conforming changes to section 677, Individualized Family 
Service Plan (IFSP) of the act.
    Section 608. This section clarifies State demonstrations of 
eligibility and provides that the transition conference could 
be conducted up to 6 months before the child is eligible for 
part B services.
    Section 609. This section of the bill amends section 679 of 
IDEA (Uses of Funds) to provide greater flexibility in 
addressing the needs of ``at-risk infants and toddlers'' in 
those States not currently serving such children.
    Section 610. This section amends section 615 (Procedural 
Safeguards) of the act by providing for the right to use 
mediation in accordance with section 615(e).
    Section 611 of the bill amends section 682 of IDEA (State 
Interagency Coordinating Council), to include additional 
members, and strikes the obsolete provision in 682(g) regarding 
``existing councils.''
    Section 612. This section makes a conforming amendment to 
the act.
    Section 613 of the bill amends section 684 of IDEA 
(Allocation of Funds), by requiring part H funds awarded to the 
outlying areas to be used to carry out part H, and makes 
technical changes to section 684(b) regarding distribution of 
funds to Tribes and tribal organizations, and provides for the 
operation of the Federal Interagency Coordinating Council, and 
provides for a panel of experts to study the definition of 
developmental delay.
    Section 614 of the bill amends IDEA to clarify the focus of 
the Federal Interagency Coordinating Council includes at-risk 
infants and toddlers and their families, and the section 
clarifies membership categories. This section also amends the 
Functions of the Council (section 685(d)) by clarifying that 
the Council advises the Secretary of Education and the 
Secretaries of Health and Human Services, Defense, Agriculture, 
and Interior and the Commissioner of Social Security ``in the 
performance of their responsibilities related to serving 
children from birth through age 5 who are eligible under this 
part or under part B.''
    Section 615. This section includes a provision requiring 
the Federal Interagency Coordinating Council to convene a panel 
of experts to recommend to the Secretary a definition of the 
term ``developmental delay.''
    Section 616. This section authorizes appropriations for 
this part for fiscal year 1998 to fiscal year 2002.
    Section 617. This section establishes the effective date 
for this title as October 1, 1997.
       VIII. ADDITIONAL VIEWS OF SENATOR GREGG AND SENATOR COATS

    The Individuals with Disabilities Education Act (IDEA) has 
been a tremendously successful piece of legislation. 
Congressional committee reports in the mid-1970's indicated 
that there were well over a million children with disabilities 
at the time who were not being educated at all. As this report 
points out, we have certainly come a long way since then.
    Almost 20 years later in 1992, approximately 5 million 
children received special education and related services under 
part B and Chapter 1 programs. These statistics are relevant 
because they indicate how far we have come and suggest that the 
time has come for a reevaluation of the way in which we are 
carrying out the objectives which we all see as vitally 
important. And while we have heard from many parents of 
children with disabilities, and even some ``graduates'' of IDEA 
programs, who have impressed on us the vital importance of this 
legislation, we do not believe that the tremendous success of 
IDEA will be diminished if we take actions now to reduce some 
of the burdensome mandates required by this legislation.

                            federal mandates

    We have no doubt that children with disabilities should be 
provided a free and appropriate public education and that the 
Federal Government has an important role to play in this area. 
We are concerned, however, that the definition of 
``appropriate'' public education is getting broader and 
broader, and it is the States and localities who must bear the 
primary burden for providing this ``appropriate'' education 
with limited resources.
    We have heard from school districts throughout our States 
who are struggling to provide a whole host of very costly 
related services, such as extensive psychological counseling 
and even catheterization. For example, this year Indiana 
schools received about $350 in Federal IDEA grants per child. 
This is about 8 percent of the total cost of their education. 
School administrators said that $350 will not cover referral 
nor evaluation costs, let alone provide services. The major 
burden for special education fiscal support has been shifted to 
State governments which provide about \2/3\ of the cost, with 
local schools supporting about \1/3\ of the total cost.
    Yet, even though the fiscal burden falls on the states and 
local districts, it is the Federal government that is imposing 
prescriptive Federal mandates. While this reauthorization 
legislation does away with many of these mandates, the bill is 
still full of them. Senate Bill 1578 imposes several new 
substantive mandates.
    We do not necessarily oppose these mandates. In fact, some 
of them actually seem quite reasonable, such as requiring State 
education agencies to establish a voluntary mediation system to 
help resolve disputes between schools and parents. But, we 
question why, in a time when we are moving away from Federal 
control and highly prescriptive mandates, we could not do more 
to remove the overly prescriptive provisions and heavy-
handedness of this bill.

                            federal funding

    The Federal government has failed to fulfill its promise to 
fund 40 percent of the national average per-pupil expenditure 
under IDEA. In fact, the Federal contribution remains below 10 
percent. For fiscal year 1995, Federal funding of Part B was 
$2.3 billion or, about 7 percent of the average per-pupil 
expenditure. A total of $11 billion--$12 billion would be 
required for Part B if appropriations matched the authorization 
level.
    We realize that this committee does not appropriate funds 
for IDEA; however, this committee does mandate how funds under 
this act must be spent. We are concerned that this 
reauthorization bill does not take into account the lack of 
funding for IDEA by easing the requirements placed on State and 
local education agencies.
    The Gregg sense-of-the-Senate amendment would have 
emphasized the importance of, and the Committee's belief that, 
the Federal Government should fully fund its promise of 40 
percent. Unfortunately the amendment failed 7 to 9. It is our 
strong belief that new education programs, which end up 
competing with special education for funding, should not be 
enacted until IDEA is fully funded. Goals 2000 is one such 
program. Enacted during the 103rd Congress, Goals 2000 is 
receiving $350 million for fiscal year 1996, while IDEA 
continues to be severely under-funded. We are concerned about 
the effect on local schools and communities as they continue to 
struggle with fulfilling the requirements under this act 
without the promised resources.
                 IX. ADDITIONAL VIEWS OF SENATOR GORTON

    I came to this issue through listening to the parents, 
teachers, and school administrators in Washington State who 
were frustrated with a Federal law that imposed significant 
costs, administrative burdens, and left little flexibility to 
maintain a safe learning environment. Like these groups, I 
fully support and recognize the benefits of the Individuals 
with Disabilities Education Act (IDEA) to the many students who 
were not previously accommodated by the public school system. 
Through the efforts of local schools, parents and teachers, the 
IDEA has been largely successful in its mission of providing a 
public education to children with disabilities. However, I 
remain concerned by the micro management of local schools on 
the part of Congress, which seems very happy to provide 
regulations but not to provide the means necessary to make 
those regulations a reality.
    Some of the problems with IDEA have become more pronounced 
with the passage of time. Twenty years ago no one could have 
imagined the type of violence students and teachers are faced 
with today. Educators must be able to take reasonable measures 
to protect all students, teachers, and other school personnel 
from harm while still meeting the needs of children with 
disabilities. I would like to commend my colleagues and those 
in the education and disability advocacy community for their 
work on the difficult and often emotional issue of school 
discipline. This legislation makes progress, especially in the 
area of dangerous weapons and drugs, toward ensuring that all 
children, disabled and nondisabled, are safe at school.
    Just as the safety environment in our schools has, 
unfortunately, changed for the worse, so has the legal climate. 
The growing body of litigation surrounding IDEA is one of the 
unintended and costly consequences of this law. Indeed, in its 
report for 1994, the Advisory Commission on Intergovernmental 
Relations cited IDEA as the fourth most litigious law in its 
study. Statistics from The Individuals with Disabilities 
Education Law Report show that 61 percent of all special 
education litigation occurred in the 6 years between 1989 and 
1995. Schools are diverting scarce resources away from the 
classroom as they fend off frivolous law suits. The 
consequences are potentially devastating to the school 
districts that provide educational services to all of our 
children. I believe our teachers, administrators, and 
principals, on the whole, act in good faith to implement what 
is an exceptionally complex and procedural law. IDEA is already 
one of the largest under funded Federal mandates; it is wrong 
for courts to impose even greater financial burdens on these 
financially strapped districts as punishment for trying to do 
their job. This issue should be more thoroughly addressed. I 
expect there will be significant discussion on the Senate floor 
regarding this matter.
                       X. Changes in Existing Law

    In compliance with rule XXVI, paragraph 12, of the Standing 
Rules of the Senate, the following provides a print of the 
statute or the part or section thereof to be amended or 
replaced (existing law proposed to be omitted is enclosed in 
black brackets, new matter is printed in italic, existing law 
in which no change is proposed is shown in roman):

              Individuals With Disabilities Education Act

          * * * * * * *

                       Part A--General Provisions

             short title; statement of findings and purpose

    [Sec. 601. (a) This title may be cited as the ``Individuals 
with Disabilities Education Act''.
    [(b) The Congress finds that----
          [(1) there are more than eight million children with 
        disabilities in the United States today;
          [(2) the special educational needs of such children 
        are not being fully met;
          [(3) more than half of the children with disabilities 
        in the United States do not receive appropriate 
        educational services which would enable them to have 
        full equality of opportunity;
          [(4) one million of the children with disabilities in 
        the United States are excluded entirely from the public 
        school system and will not go through the educational 
        process with their peers;
          [(5) there are many children with disabilities 
        throughout the United States participating in regular 
        school programs whose disabilities prevent them from 
        having a successful educational experience because 
        their disabilities are undetected;
          [(6) because of the lack of adequate services within 
        the public school system, families are often forced to 
        find services outside the public school system, often 
        at great distance from their residence and at their own 
        expense;
          [(7) developments in the training of teachers and in 
        diagnostic and instructional procedures and methods 
        have advanced to the point that, given appropriate 
        funding, State and local educational agencies can and 
        will provide effective special education and related 
        services to meet the needs of children with 
        disabilities;
          [(8) State and local educational agencies have a 
        responsibility to provide education for all children 
        with disabilities, but present financial resources are 
        inadequate to meet the special educational needs of 
        children with disabilities; and
          [(9) it is in the national interest that the Federal 
        Government assist State and local efforts to provide 
        programs to meet the educational needs of children with 
        disabilities in order to assure equal protection of the 
        law.
    [(c) It is the purpose of this Act to assure that all 
children with disabilities have available to them, within the 
time periods specified in section 612(2)(B), a free appropriate 
public education which emphasizes special education and related 
services designed to meet their unique needs, to assure that 
the rights of children with disabilities and their parents or 
guardians are protected, to assist States and localities to 
provide for the education of all children with disabilities, 
and to assess and assure the effectiveness of efforts to 
educate children with disabilities.]

SEC. 601. SHORT TITLE; FINDINGS; PURPOSES.

    (a) Short Title.--This title may be cited as the 
``Individuals with Disabilities Education Act''.
    (b) Findings.--With respect to this Act, Congress finds the 
following:
          (1)(A) That disability is a natural part of the human 
        experience and in no way diminishes the right of 
        individuals to fully participate in all aspects of 
        American society, including education.
          (B) That the right to equal educational opportunities 
        for all children with disabilities is guaranteed by the 
        equal protection clause of the 14th amendment to the 
        United States Constitution.
          (C) That improving educational results for children 
        with disabilities is an essential element in ensuring 
        equality of opportunity in all aspects of society.
          (D) That it is in the national interest that students 
        with disabilities leave school with the skills 
        necessary to be included and integrated in the economic 
        and social fabric of society and to live independently.
          (2) That prior to the enactment of the Education for 
        All Handicapped Children Act of 1975 (Public Law 94-
        142), 1,000,000 children with disabilities in the 
        United States were excluded entirely from the public 
        school system, and more than one-half of all children 
        with disabilities in the United States did not receive 
        appropriate educational services, either because their 
        disabilities were undetected, or because of the lack of 
        adequate services within the public school system.
          (3) That since the enactment of the Education for All 
        Handicapped Children Act of 1975 (Public Law 94-142), 
        significant progress has been made in addressing 
        problems that existed at the time the law was enacted. 
        Progress has been made in the following manner:
                  (A) Every State now ensures a free 
                appropriate public education to all children 
                with disabilities within the State between the 
                ages of 3 and 18, and most States extend that 
                provision of a free appropriate public 
                education through age 21.
                  (B) Over 5,000,000 children with disabilities 
                are receiving special education and related 
                services.
                  (C) All States now provide early intervention 
                services to infants and toddlers with 
                disabilities from birth through age 2 and to 
                families of such infants and toddlers.
          (4) That based on 20 years of experience and research 
        in the education of children with disabilities, there 
        is a general recognition of the following:
                  (A) The provision of quality education and 
                services to children with disabilities must be 
                based on an individualized assessment of each 
                child's unique needs and abilities.
                  (B) To the maximum extent appropriate, 
                children with disabilities should be educated 
                with children who are not disabled and children 
                with disabilities should be removed from the 
                regular educational environment only when the 
                nature and severity of the disability is such 
                that education in regular classes with the use 
                of supplementary aids and services cannot be 
                achieved satisfactorily.
                  (C) Students with disabilities achieve at 
                significantly higher levels when schools have 
                high expectations (and establish high goals) 
                for such students, ensure the access of such 
                students to the general curriculum (whenever 
                appropriate), and provide such students with 
                the necessary services and supports.
                  (D) That including children with disabilities 
                in State and districtwide assessment systems is 
                an effective accountability mechanism and a 
                critical strategy for improving educational 
                results for such children.
                  (E) The provisions of this Act should be 
                aligned with general educational reforms with 
                respect to the improvement of education for all 
                children, so that children with disabilities 
                have the opportunity to benefit from such 
                reforms.
                  (F) Parent participation is a crucial 
                component in the education of children with 
                disabilities, and parents should have 
                meaningful opportunities, through appropriate 
                training, dissemination of information and 
                other supports, to participate as partners with 
                teachers and other school staff in assisting 
                their children to achieve to high standards.
                  (G) School administrators must have the 
                resources and skills needed to ensure that 
                school environments are safe and conducive to 
                learning.
          (5)(A) That State and local educational agencies must 
        be responsive to the increasing racial, ethnic, and 
        linguistic diversity that prevails in the Nation's 
        public schools today.
          (B)(i) Greater efforts are needed to prevent the 
        intensification of problems connected with 
        inappropriately identifying and mislabeling children 
        from minority backgrounds as children with 
        disabilities.
          (ii) More minority children continue to be served in 
        special education than would be expected from the 
        percentage of such children in the general school 
        population.
          (iii) Poor African American students are 2.5 times 
        more likely to be identified by their school as 
        mentally retarded than are their white counterparts, 
        and such students are also more likely to be educated 
        in segregated settings.
          (iv) A disproportionate number of such students drop 
        out of school, fail to enroll in postsecondary 
        programs, and fail to participate in competitive long-
        term employment.
          (v) Disproportionality in the identification of such 
        students as children with disabilities may be explained 
        in part by the relationship between poverty and 
        disability, which is well documented. Poor prenatal 
        care and nutrition are factors that contribute to 
        higher rates of disability within minority populations. 
        However, disproportionality may be due to 
        misclassification of minority children as disabled and 
        inappropriate placement of minority children, 
        particularly in separate settings, which raises civil 
        rights concerns.
          (C) Children with limited English proficiency 
        continue to be underidentified as needing special 
        education services than would be expected from the 
        percentage of such children in the general school 
        population.
          (D) Based on 20 years of experience in both general 
        and special education, there is general recognition 
        today that the problems associated with ensuring an 
        appropriate education for children from diverse 
        backgrounds can be effectively addressed when the 
        following are done:
                  (i) The procedures used for referring and 
                evaluating children with disabilities include 
                appropriate safeguards to prevent the 
                overidentification or underidentification of 
                minority students requiring special education.
                  (ii) Prereferral intervention strategies are 
                adopted, as appropriate, especially in 
                elementary schools.
                  (iii) Services, supports, and other 
                assistance are provided in a culturally 
                sensitive manner.
                  (iv) Greater efforts are made to improve 
                post-school results among minority students 
                with disabilities.
          (6) That it is in the national interest that the 
        Federal Government has a role with respect to the 
        following:
                  (A) Assisting State and local efforts to 
                educate children with disabilities in order to 
                improve educational and transitional results 
                for such children, and to ensure equal 
                protection of the law.
                  (B) Assisting States in the provision of 
                early intervention services.
                  (C) Promoting the improvement of educational 
                and transitional services and results for 
                children with disabilities and early 
                intervention services for infants and toddlers 
                with disabilities by supporting systems change 
                activities carried out by the State educational 
                agency, coordinated research and personnel 
                preparation, coordinated technical assistance, 
                dissemination, and support, and technology 
                development and media services.
    (c) Purposes.--The purposes of this Act are to--
          (1)(A) 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 the unique needs of such 
        children and enable such children to lead productive, 
        independent adult lives;
          (B) ensure that the rights of children with 
        disabilities and their parents are protected; and
          (C) assist States and localities to provide for the 
        education of all children with disabilities;
          (2) assist States in the implementation of a 
        statewide, comprehensive, coordinated, 
        multidisciplinary, interagency system of early 
        intervention services for infants and toddlers with 
        disabilities and their families;
          (3) promote the improvement of educational and 
        transitional services and results for children with 
        disabilities and early intervention services for 
        infants and toddlers with disabilities by supporting--
                  (A) systems change activities carried out by 
                State educational agencies in partnership with 
                other interested parties;
                  (B) coordinated research and personnel 
                preparation; and
                  (C) coordinated technical assistance, 
                dissemination, and support, and technology 
                development and media services; and
          (4) assess and promote the effectiveness of efforts 
        to educate children with disabilities and to provide 
        early intervention services for infants and toddlers 
        with disabilities.

                             [DEFINITIONS]

SEC. 602. DEFINITIONS.

    [Sec. 602. (a) As used in this title--
          [(1)(A) The term ``children with disabilities'' means 
        children--]
    (a) Terms.--Except as otherwise provided, the following 
terms have the following meanings as used in this Act:
          [(25)] (1) [The term] 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 individuals with 
        disabilities.
          [(26)] (2) [The term] Assistive technology service._
        The term ``assistive technology service'' means any 
        service that directly assists an individual with a 
        disability in the selection, acquisition, or use of an 
        assistive technology device. Such term includes--
          (3) Behavior management plan.--The term ``behavior 
        management plan'' means a plan, developed by the State 
        educational agency or local educational agency, 
        consisting of strategies and services to address the 
        behavior of a child with a disability and to help the 
        child learn appropriate behavior in the school and 
        other community-based educational settings.
          [(1)] (4) Child with a disability; child with a 
        disability aged 3 through 5; children with 
        disabilities._
                  (A) Child with a disability._The term ``child 
                with a disability'' means a child--
                          (i) with mental retardation, [hearing 
                        impairments] a hearing impairment 
                        including deafness, [speech or language 
                        impairments] a speech or language 
                        impairment, a visual impairment, visual 
                        impairments including blindness, 
                        serious emotional disturbance, 
                        [orthopedic impairments] orthopedic 
                        impairment, autism, traumatic brain 
                        injury, [other health impairments, or 
                        specific learning disabilities] other 
                        health impairment, or a specific 
                        learning disability; and
                          (ii) who, by reason thereof, [need] 
                        needs special education and related 
                        services.
                  [(B) the term ``children with disabilities'' 
                for children aged 3 to 5, inclusive, may, at 
                the State's discretion, include children--]
                  (B) Child with a disability aged 3 through 
                5.--At the discretion of the State, the term 
                ``child with a disability'' includes a child 
                aged 3 through 5--;
                          [(i) experiencing developmental 
                        delays] (i) who is experiencing a 
                        developmental delay, as defined by the 
                        State and as measured by appropriate 
                        diagnostic instruments and procedures, 
                        in one or more of the following areas: 
                        physical development, cognitive 
                        development, communication development, 
                        social or emotional development, or 
                        adaptive development; and
                          (ii) who, by reason thereof, [need] 
                        needs special education and related 
                        services.
                  (C) Children with disabilities.--The term 
                ``children with disabilities'' means more than 
                1 child with a disability.
          [(4)] (5) [The term] Construction._The term 
        ``construction'', except where otherwise specified, 
        means (A) erection of new or expansion of existing 
        structures, and the acquisition and installation of 
        equipment therefor; or (B) acquisition of existing 
        structures not owned by any agency or institution 
        making application for assistance under this title; (C) 
        remodeling or alteration (including the acquisition, 
        installation, modernization, or replacement of 
        equipment) of existing structures; or (D) acquisition 
        of land in connection with the activities in clauses 
        (A), (B), and (C); or (E) a combination of any two or 
        more of the foregoing.
          (6) Disability.--The term ``disability'', except with 
        respect to an infant or toddler with a disability, 
        means an impairment or other condition described in 
        paragraph (4) (relating to the definition of a child 
        with a disability).
          [(23)] (7) [The term ``intermediate educational 
        unit'' means] Educational service agency._The term 
        ``educational service agency'' means any public 
        authority, other than a [local educational agency,] 
        local educational agency described in subparagraphs (A) 
        and (B) of paragraph (19), which is under the general 
        supervision of a State educational agency, which is 
        established by State law for the purpose of providing 
        free public education on a regional basis, and which 
        provides special education and related services to 
        children with disabilities within that State.
          [(9)] (8) [The term] Elementary school._The term 
        ``elementary school'' means a day or residential school 
        which provides elementary education, as determined 
        under State law.
          [(5)] (9) [The term] Equipment._The term 
        ``equipment'' includes machinery, utilities, and built-
        in equipment and any necessary enclosures or structures 
        to house them, and includes 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.
          [(21)] (10) [The term] Excess costs._The term 
        ``excess costs'' means those costs which are in excess 
        of the average annual per student expenditure in a 
        local educational agency during the preceding school 
        year for an elementary or secondary school student, as 
        may be appropriate, and which shall be computed after 
        deducting--
                  (A)(i) under [this part] part B
                  (ii) [under title I] under part A of title I 
                of the Elementary and Secondary Education Act 
                of 1965, or
                  (iii) under [title VII] part A of title VII 
                of the Elementary and Secondary Education Act 
                of 1965, and
                  (B) any State or local funds expended for 
                programs that would qualify for assistance 
                under [such part, chapter, or title]. a part 
                referred to in subparagraph (A)
          [(18)] (11) [The term] Free appropriate public 
        education._The term ``free appropriate public 
        education'' means special education and related 
        services that--
           * * * * * * *
                  (D) are provided in conformity with the 
                individualized education program [required 
                under section 614(a)(5)] requirements under 
                subsections (d) through (i) of section 614 (as 
                amended by section 204 of the Individuals with 
                Disabilities Education Act Amendments of 1996).
          (12) General education curriculum.--The term 
        ``general education curriculum'' means the curriculum 
        adopted by the local educational agency for all 
        children from preschool through secondary school.
          [(13) The term ``research and related purposes'' 
        means research, research training (including the 
        payment to stipends and allowances), survey, or 
        demonstrations in the field of education of children 
        with disabilities, or the dissemination of information 
        derived therefrom, including (but without limitation) 
        experimental schools.]
          (13) Inappropriately identified.--The term 
        ``inappropriately identified'' with respect to 
        population means a population of students from racial 
        or ethnic minority backgrounds in which students are 
        overidentified or underidentified as having 
        disabilities.
          [(24) (A) The term ``public or private nonprofit 
        agency or organization'' includes an Indian tribe and 
        the Bureau of Indian Affairs of the Department of the 
        Interior (when acting on behalf of schools operated by 
        the Bureau for children and students on Indian 
        reservations) and tribally controlled schools funded by 
        the Department of the Interior.
          [(B) The terms ``Indian'', ``American Indian'', and 
        ``Indian American'' mean an individual who is a member 
        of an Indian tribe.
          [(C) The term ``Indian tribe'' means any Federal or 
        State Indian tribe, band, rancheria, pueblo, colony, or 
        community, including any Alaskan native village or 
        regional village corporation (as defined in or 
        established under the Alaska Native Claims Settlement 
        Act).]
          [(24)] (14) Indian; indian tribe._
                  (A) Indian.--The term ``Indian'' means an 
                individual who is a member of an Indian tribe.
                  (B) 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).
          [(20)] (15) Individualized education program; iep._
        The term ``individualized education program'' and the 
        term ``IEP'' mean a written statement for each child 
        with a disability that is developed, reviewed, and 
        revised in accordance with subsections (d) through (i) 
        of section 614 (as amended by section 204 of the 
        Individuals with Disabilities Education Act Amendments 
        of 1996).
          (16) Individualized family service plan; ifsp.--The 
        term ``individualized family service plan'' and the 
        term ``IFSP'' mean a written plan for providing early 
        intervention services to each infant and toddler with a 
        disability that meets the requirements of section 
        677(d).
          (17) Infant or toddler with a disability; infants and 
        toddlers with disabiities.--The terms ``infant or 
        toddler with a disability'' and ``infants and toddlers 
        with disabilities'' have the meanings given the terms 
        in section 672.
          [(11) The term ``institution of higher education'' 
        means an educational institution in any State which--
                  [(A) admits as regular students only 
                individuals having a certificate of graduation 
                from a high school, or the recognized 
                equivalent of such a certificate;
                  [(B) is legally authorized within such State 
                to provide a program of education beyond high 
                school;
                  [(C) provides an educational program for 
                which it awards a bachelor's degree, or 
                provides not less than a two-year program which 
                is acceptable for full credit toward such a 
                degree, or offers a two-year program in 
                engineering, mathematics, or the physical or 
                biological sciences which is designed to 
                prepare the student to work as a technician and 
                at a semiprofessional level in engineering, 
                scientific, or other technological fields which 
                require the understanding and application of 
                basic engineering, scientific, or mathematical 
                principles or knowledge;
                  [(D) is a public or other nonprofit 
                institution; and
                  [(E) is accredited by a nationally recognized 
                accrediting agency or association listed by the 
                Secretary pursuant to this paragraph or, if not 
                so accredited, is an institution whose credits 
                are accepted, on transfer, by not less than 
                three institutions which are so accredited, for 
                credit on the same basis as if transferred from 
                an institution so accredited: Provided, 
                however, That in the case of an institution 
                offering a two-year program in engineering, 
                mathematics, or the physical or biological 
                sciences which is designed to prepare the 
                student to work as a technician and at a 
                semiprofessional level in engineering, 
                scientific, or technological fields which 
                require the understanding and application of 
                basic engineering, scientific, or mathematical 
                principles or knowledge, if the Secretary 
                determines that there is no nationally 
                recognized accrediting agency or association 
                qualified to accredit such institutions, the 
                Secretary shall appoint an advisory committee, 
                composed of persons specially qualified to 
                evaluate training provided by such 
                institutions, which shall prescribe the 
                standards of content, scope, and quality which 
                must be met in order to qualify such 
                institutions to participate under this Act and 
                shall also determine whether particular 
                institutions meet such standards. For the 
                purposes of this paragraph the Secretary shall 
                publish a list of nationally recognized 
                accrediting agencies or associations which the 
                Secretary determines to be reliable authority 
                as to the quality of education or training 
                offered.
                  [(F) [Deleted]
        [The term includes community colleges receiving funding 
        from the Secretary of the Interior under the Tribally 
        Controlled Community College Assistance Act of 1978.]
          [(11)] (18) Institution of higher education._The term 
        ``institution of higher education''--
                  (A) has the meaning given to such term by 
                section 1201(a) of the Higher Education Act of 
                1965 (20 U.S.C. 1141(a)); and
                  (B) includes any community college receiving 
                funding from the Secretary of the Interior 
                under the Tribally Controlled Community College 
                Assistance Act of 1978 (25 U.S.C. 1801 et 
                seq.).
          [(8) The term ``local educational agency'' means a 
        public board of education or other public authority 
        legally constituted within a State for either 
        administrative control or direction of, or to perform a 
        service function for, public elementary or secondary 
        schools in a city, county, township, school district, 
        or other political subdivision of a State, or such 
        combination of school districts or counties as are 
        recognized in a State as an administrative agency for 
        its public elementary or secondary schools. Such term 
        also includes any other public institution or agency 
        having administrative control and direction of a public 
        elementary or secondary school.]
          [(8)] (19) Local educational agency._The term ``local 
        educational agency'' means--
                  (A) a public board of education or other 
                public authority legally constituted within a 
                State for either administrative control or 
                direction of, or to perform a service function 
                for--
                          (i) public elementary or secondary 
                        schools in a city, county, township, 
                        school district, or other political 
                        subdivision of a State; or
                          (ii) a combination of school 
                        districts or counties as are recognized 
                        in a State as an administrative agency 
                        for the public elementary or secondary 
                        schools of the State;
                  (B) any other public institution or agency 
                having administrative control and direction of 
                a public elementary or secondary school; or
                  (C) an educational service agency, as defined 
                in paragraph (7).
          [(22)] (20) [The term] Native language._The term 
        ``native language'' has the meaning given that term by 
        [section 7003(a)(2)] section 7501(11) of the Bilingual 
        Education Act.
          [(12)] (21) [The term] Nonprofit._The term 
        ``nonprofit'' as applied to a school, agency, 
        organization, or institution means a school, agency, 
        organization, or institution owned and operated by one 
        or more nonprofit corporations or associations no part 
        of the net earnings of which inures, or may lawfully 
        inure, to the benefit of any private shareholder or 
        individual.
          (22) Outlying areas.--The term ``outlying areas'' 
        means the Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, Republic 
        of the Marshall Islands, Federated States of 
        Micronesia, and the Republic of Palau.
          (23) Parent.--The term ``parent'' includes a legal 
        guardian.
          [(17)] (24) [The term] Related services._The term 
        ``related services'' means transportation, and such 
        developmental, corrective, and other supportive 
        services (including [speech pathology and audiology] 
        speech-language pathology services and audiology 
        services, psychological services, physical and 
        occupational therapy, recreation, including therapeutic 
        recreation, social work services, counseling services, 
        including [rehabilitation counseling,] rehabilitation 
        counseling, orientation and mobility services, and 
        medical services, except that such medical services 
        shall be for diagnostic and evaluation purposes only) 
        as may be required to assist a child with a disability 
        to benefit from special education, and includes the 
        early identification and assessment of disabling 
        conditions in children.
          [(10)] (25) [The term] Secondary school._The term 
        ``secondary school'' means a day or residential school 
        which provides secondary education, as determined under 
        State law, except that it does not include any 
        education provided beyond grade 12.
          [(14)] (26) [The term] Secretary._The term 
        ``Secretary'' means the Secretary of Education.
          [(16)] (27) [The term] Special education._The term 
        ``special education'' means specially designed 
        instruction, at no cost to parents [or guardians], to 
        meet the unique needs of a child with a disability 
        including--
          [(15) The term ``children with specific learning 
        disabilities'' means those children who have a disorder 
        in one or more of the basic psychological processes 
        involved in understanding or in using language, spoken 
        or written, which disorder may manifest itself in 
        imperfect ability to listen, think, speak, read, write, 
        spell, or do mathematical calculations. Such disorders 
        include such conditions as perceptual disabilities, 
        brain injury, minimal brain dysfunction, dyslexia, and 
        developmental aphasia. Such term does not include 
        children who have learning problems which are primarily 
        the result of visual, hearing, or motor disabilities, 
        of mental retardation, of emotional disturbance, or of 
        environmental, cultural, or economic disadvantage.]
          [(15)] (28) Specific learning disability.--The term 
        ``specific learning disability''--
                  (A) means a disorder--
                          (i) in one or more of the basic 
                        psychological processes involved in 
                        understanding or in using language, 
                        spoken or written; and
                          (ii) that may manifest itself in 
                        imperfect ability to listen, think, 
                        speak, read, write, spell, or do 
                        mathematical calculations;
                  (B) includes such conditions as perceptual 
                disabilities, brain injury, minimal brain 
                dysfunction, dyslexia, and developmental 
                aphasia; and
                  (C) 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.
          [(6) The term ``State'' means any of the several 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, 
        the Commonwealth of the Northern Mariana Islands, or 
        Palau (until the Compact of Free Association with Palau 
        takes effect pursuant to section 101(a) of Public Law 
        99-658.]
          [(6)] (29) State._The term ``State'' means any of the 
        several States, the District of Columbia, the 
        Commonwealth of Puerto Rico, and each of the outlying 
        areas.
          [(7)] (30) [The term] State educational agency._The 
        term ``State educational agency'' means the State board 
        of education or other agency or officer primarily 
        responsible for the State supervision of public 
        elementary and secondary schools, or, if there is no 
        such officer or agency, an officer or agency designated 
        by the Governor or by State law.
          (31) Supplementary aids and services.--The term 
        ``supplementary aids and services'' means aids, 
        services, and other supports that are provided to 
        enable children with disabilities to be educated with 
        nondisabled children to the maximum extent appropriate, 
        in accordance with section 612(a)(5) (as amended by 
        section 202 of the Individuals with Disabilities 
        Education Act Amendments of 1996).
          (32) Systems change activities; systems change 
        outcomes.--
                  (A) Systems change activities.--The term 
                ``systems change activities'' means efforts to 
                design, implement, and evaluate strategies and 
                activities leading to systems change outcomes.
                  (B) Systems change outcomes.--The term 
                ``systems change outcomes'' means systemswide 
                changes in policies, procedures, practices, 
                training, or use of personnel, parents, and 
                school-age peers of children with disabilities 
                that benefit and improve the early 
                intervention, educational, and transitional 
                services and results of children with 
                disabilities.
          [19] (33) * * *
          * * * * * * *
          (34) Transitional services.--The term ``transitional 
        services'' includes transition services.
          [(27) The term ``underrepresented'' means populations 
        such as minorities, the poor, the limited English 
        proficient, and individuals with disabilities.]
          [(27)] (35) Unserved and underserved.--The terms 
        ``unserved'' and ``underserved'', with respect to 
        populations include populations such as individuals 
        with disabilities who are from racial and ethnic 
        minority backgrounds, who are poor individuals, who are 
        individuals with limited English proficiency, and who 
        are individuals from underserved geographic areas, both 
        urban and rural.
          * * * * * * *
    Sec. 602. [(b) For purposes of part C of this title, 
``youth with a disability'' means any child with a disability 
(as defined in subsection (a)(1) who--
          [(1) is twelve years of age or older; or
          [(2) is enrolled in the seventh or higher grade in 
        school. 20 USCS Sec. 1402 (1995)]
    (b) References to Act or Title.--If a provision of this 
title refers to the term ``this title'' or ``this Act'', the 
provision shall be deemed to refer to the Individuals with 
Disabilities Education Act.
          * * * * * * *
    Sec.  603 * * *
          * * * * * * *
    (c) 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.
          * * * * * * *

   [acquisition of equipment and construction of necessary facilities

    [Sec. 605. (a) In the case of any program authorized by 
this title, if the Secretary determines that such program will 
be improved by permitting the funds authorized for such program 
to be used for the acquisition of equipment and the 
construction of necessary facilities, the Secretary may 
authorize the use of such funds for such purposes.
    [(b) If, within twenty years after the completion of any 
construction (except minor remodeling or alteration) for which 
funds have been paid pursuant to a grant or contract under this 
title, the facility constructed ceases to be used for the 
purposes for which it was constructed, the United States, 
unless the Secretary determines that there is good cause for 
releasing the recipient of the funds from its obligation, shall 
be entitled to recover from the applicant or other owner of the 
facility an amount which bears the same ratio to the then value 
of the facility as the amount of such Federal funds bore to the 
cost of the portion of the facility financed with such funds. 
Such value shall be determined by agreement of the parties or 
by action brought in the United States district court for the 
district in which the facility is situated.]
          * * * * * * *

           [grants for the removal of architectural barriers

    [Sec. 607. (a) The Secretary is authorized to make grants 
and to enter into cooperative agreements with the Secretary of 
the Interior and with State educational agencies to assist such 
agencies in making grants to local educational agencies or 
intermediate educational units to pay part or all of the cost 
of altering existing buildings and equipment in accordance with 
standards promulgated under the Act entitled ``An Act to insure 
that certain buildings financed with Federal funds are so 
designed and constructed as to be accessible to the physically 
handicapped'', approved August 12, 1968.
    [(b) For the purposes of carrying out the provisions of 
this section, there are authorized to be appropriated such sums 
as may be necessary.]
          * * * * * * *

                requirements for prescribing regulations

    Sec. 608. [(a) For purposes of complying with section 
431(b) of the General Education Provisions Act with respect to 
regulations promulgated under part B of this Act, the thirty-
day period under such section shall be ninety days.] (a) The 
Secretary shall provide a public comment period of at least 90 
days on any regulation proposed under part B for which a time 
period for an opportunity for public comment is otherwise 
required.
          * * * * * * *

                  eligibility for financial assistance

    [Sec. 609. Effective for fiscal years for which the 
Secretary may make grants under section 619(b)(1), no State or 
local educational agency or intermediate educational unit or 
other public institution or agency may receive a grant under 
parts C through G which relate exclusively to programs, 
projects, and activities pertaining to children aged three to 
five, inclusive, unless the State is eligible to receive a 
grant under section 619(b)(1).]

SEC. 609. ELIGIBILITY FOR FINANCIAL ASSISTANCE.

    The Secretary may not make a grant under parts C through E 
to a State, or to any local educational agency or other public 
institution or agency in the State, that relates exclusively to 
programs, projects, and activities pertaining to children aged 
3 through 5, unless the State is eligible to receive a grant 
under section 619 (as amended by section 210 of the Individuals 
with Disabilities Education Act Amendments of 1996).
          * * * * * * *

 administrative provisions applicable to parts c through g and section 
                                  618

    [Sec. 610. (a) The Secretary shall maintain a process for 
developing a program plan for the implementation of each of the 
programs authorized under section 618 and parts C through G. 
The plan shall include program goals, objectives, strategies, 
and priorities. In conducting the process, the Secretary shall 
involve individuals with disabilities, parents, professionals, 
and representatives of State and local educational agencies, 
private schools, institutions of higher education, and national 
organizations who have interest and expertise in the program.
    [(b) In awarding grants, contracts, and cooperative 
agreements under part C through G, the Secretary, where 
appropriate, shall require applicants to demonstrate how they 
will address, in whole or in part, the needs of infants, 
toddlers, children, and youth with disabilities from minority 
backgrounds.
    [(c) In awarding grants, contracts, or cooperative 
agreements under parts C through G the Secretary, where 
appropriate, may require applicants to address the various 
transitions that a child with a disability may face throughout 
such child's years in school, including--
          [(1) the transition from medical care to special 
        education for those children with disabilities, 
        including chronic health impairments, who may require 
        individualized health-related services to enable such 
        children to participate in, or benefit from, special 
        education;
          [(2) the transition between residential placement and 
        community-based special education services; and
          [(3) the transition between a separate educational 
        placement and the regular classroom setting.
    [(d) The Secretary shall conduct directly, or by contract 
or cooperative agreement and appropriate entities, independent 
evaluations of the programs authorized under section 618 and 
under parts C through G, and may for such purpose use funds 
appropriated to carry out such provisions. The findings of the 
evaluators shall be utilized in the planning process under 
subsection (a) for the purpose of improving the programs. The 
evaluations shall determine the degree to which the program is 
being conducted consistent with the program plan and meeting 
its goals and objectives. The Secretary shall submit to the 
appropriate committees of the Congress the results of the 
evaluations required by this subsection.
    [(e) The Secretary shall report on the program plans 
required in subsection (a) and findings from the evaluations 
under subsection (d) in the annual report to the Congress 
required under section 618.
    [(f) The Secretary develop effective procedures for 
acquiring and disseminating information derived from programs 
and projects under parts C through G, as well a information 
generated from studies conducted and data collected under 
section 618.
    [(g) The Secretary shall, where appropriate, require 
recipients of all grants, contracts, and cooperative agreements 
under parts C through G to prepare reports describing their 
procedures, findings, and other relevant information in a form 
that will maximize the dissemination and use of such 
procedures, findings, and information. The Secretary shall 
require their delivery, as appropriate, to the Regional and 
Federal Resource Centers, the Clearinghouses, and the Technical 
Assistance to Parents Program (TAPP) assisted under parts C and 
D, as well as the National Diffusion Network, the ERIC 
Clearinghouse on the Handicapped and Gifted, and the Child and 
Adolescent Service Systems Program (CASSP) under the National 
Institute of Mental health, appropriate parent and professional 
organizations, organizations representing individuals with 
disabilities, and such other networks as the Secretary may 
determine to be appropriate.
    [(h)(1) The Secretary shall convene, in accordance with 
paragraph (2), panels of experts who are competent, by virtue 
of their training or experience, to evaluate proposals under 
section 618 and parts C through G.
    [(2) Panels under paragraph (1) shall be composed of 
individuals with disabilities, parents of such individuals, 
individuals from the fields of special education, related 
services, and other relevant disciplines.
    [(3) The Secretary shall convene panels under paragraph (1) 
for any application that includes a total funding request 
exceeding $60,000 and may convene or otherwise appoint panels 
for applications that include funding requests that are less 
than such amount.
    [(4) Panels under paragraph (1) shall include a majority of 
non-Federal members. Such non-Federal members shall be provided 
travel and per diem not to exceed the rate provided to other 
educational consultants used by the Department of Education and 
shall be provided consultant fees at such a rate.
    [(5) The Secretary may use funds available under section 
618 and parts C through G to pay expenses and fees of non-
Federal members of the panels.
    [(i) The Secretary shall conduct at least 1 site visit for 
each grant, contract, and cooperative agreement receiving 
$300,000 or more annually under parts C through G.
    [(j)(1) With respect to the discretionary programs 
authorized by parts C through G, the Congress finds as follows:
          [(A)(i) The Federal Government must be responsive to 
        the growing needs of an increasingly more diverse 
        society. A more equitable allocation of resources is 
        essential for the Federal Government to meet its 
        responsibility to provide an equal educational 
        opportunity for all individuals.
          [(ii) America's racial profile is rapidly changing. 
        While the rate of increase for white Americans is 3.2 
        percent, the rate of increase for racial and ethnic 
        minorities is much higher: 38.6 percent for Hispanics, 
        14.6 percent for African-Americans, and 40.1 percent 
        for Asians and other ethnic groups.
          [(iii) By the year 2000, this Nation will have 
        260,000,000 people, one of every three of whom will be 
        either African-American, Hispanic, or Asian-American.
          [(iv) Taken together as a group, it is a more 
        frequent phenomenon for minorities to comprise the 
        majority of public school students. Large city school 
        populations are overwhelmingly minority, e.g., Miami, 
        71 percent; Philadelphia, 73 percent; Baltimore, 80 
        percent.
          [(v) Recruitment efforts within special education at 
        the level of preservice, continuing education, and 
        practice must focus on bringing larger numbers of 
        minorities into the profession in order to provide 
        appropriate practitioner knowledge, role models, and 
        sufficient manpower to address the clearly changing 
        demography of special education.
          [(vi) The limited English proficient population is 
        the fastest growing in our Nation, and the growth is 
        occurring in many parts of our Nation. In the Nation's 
        2 largest school districts, limited-English students 
        make up almost half of all students initially entering 
        school at the kindergarten level. Studies have 
        documented apparent discrepancies in the levels of 
        referral and placement of limited-English proficient 
        children in special education. The Department of 
        Education has found that services provided to limited-
        English proficient students often do not respond 
        primarily to the pupil's academic needs. These trends 
        pose special challenges for special education in the 
        referral, assessment, and services for our Nation's 
        students from non-English language backgrounds.
          [(B)(i) Greater efforts are needed to prevent the 
        intensification of problems connected with mislabeling 
        and high dropout rates among minority children with 
        disabilities.
          [(ii) 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.
          [(iii) Poor African-American children are 3.5 times 
        more likely to be identified by their teacher as 
        mentally retarded than their white counterpart.
          [(iv) Although African-American represents 12 percent 
        of elementary and secondary enrollments, they 
        constitute 28 percent of total enrollments in special 
        education.
          [(v) The drop out rate is 68 percent higher for 
        minorities than for whites.
          [(vi) More than 50 percent of minority students in 
        large cities drop out of school.
          [(C)(i) The opportunity for full participation in 
        awards for grants and contracts; boards of 
        organizations receiving funds under this Act; and peer 
        review panels; and training of professionals in the 
        area of special education by minority individuals, 
        organizations, and historically Black colleges and 
        universities is essential if we are to obtain greater 
        success in the education of minority children with 
        disabilities.
          [(ii) In 1989, of the 661,000 college and university 
        professors, 4.6 percent were African-American and 3.1 
        percent were Hispanic. Of the 3,600,000 teachers, 
        prekindergarten through high school, 9.4 percent were 
        African-American and 3.9 percent were Hispanic.
          [(iii) Students from minority groups comprise more 
        than 50 percent of K-12 public school enrollment in 
        seven States yet minority enrollment in teacher 
        training programs is less than 15 percent in all but 
        six States.
          [(iv) As the number of African-American and Hispanic 
        students in special education increases, the number of 
        minority teachers and related service personnel 
        produced in our colleges and universities continues to 
        decrease.
          [(v) Ten years ago, 12.5 percent of the United States 
        teaching force in public elementary and secondary 
        schools were members of a minority group. Minorities 
        comprised 21.3 percent of the national population at 
        that time and were clearly underrepresented then among 
        employed teachers. Today, the elementary and secondary 
        teaching force is 3 to 5 percent minority, while one-
        third of the students in public schools are minority 
        children.
          [(vi) As recently as 1984-85, Historically Black 
        Colleges and Universities (HBCUs) supplied nearly half 
        of the African-American teachers in the Nation. 
        However, in 1988, HBCUs received only 2 percent of the 
        discretionary funds for special education and related 
        services personnel training.
          [(vii) While African-American students constitute 28 
        percent of total enrollment in special education, only 
        11.2 percent of individuals enrolled in preservice 
        training programs for special education are African-
        American.
          [(viii) In 1986-87, of the degrees conferred in 
        education at the B.A., M.A., and Ph.D levels, only 6, 
        8, and 8 percent, respectively, were awarded to 
        African-American or Hispanic students.
          [(D) Minorities and underserved persons are socially 
        disadvantaged because of the lack of opportunities in 
        training and educational programs, undergirded by the 
        practices in the private sector that impede their full 
        participation in the mainstream of society.
    [(2) The Congress further finds that these conditions can 
be greatly improved by providing opportunities for the full 
participation of minorities through the implementation of the 
following recommendations:
          [(A) Implementation of a policy to mobilize the 
        Nation's resources to prepare minorities for careers in 
        special education and related services.
          [(B) This policy should focus on--
                  [(i) the recruitment of minorities into 
                teaching; and
                  [(ii) financially assisting HBCUs and other 
                institutions of higher education (whose 
                minority student enrollment is at least 25 
                percent) to prepare students for special 
                education and related service careers.
          [(C)(i) The Secretary shall develop a plan for 
        providing outreach services to the entities described 
        in clause (ii) in order to increase the participation 
        of such entities in competitions for grants, contracts, 
        and cooperative agreements under any of parts C through 
        G.
          [(ii) The entities referred to in clause (i) are--
                  [(I) Historically Black Colleges and 
                Universities and other institutions of higher 
                education whose minority student enrollment is 
                at least 25 percent;
                  [(II) eligible institutions as defined in 
                section 312 of the Higher Education Act of 
                1965;
                  [(III) nonprofit and for-profit agencies at 
                least 51 percent owned or controlled by one or 
                more minority individuals; and
                  [(IV) underrepresented populations.
          [(iii) For the purpose of implementing the plan 
        required in clause (i), the Secretary shall, for each 
        of the fiscal years 1991 through 1994, expend 1 percent 
        of the funds appropriated for the fiscal year involved 
        for carrying out parts C through G.
    [(3) The Secretary shall exercise his/her utmost authority, 
resourcefulness, and diligence to meet the requirements of this 
subsection.
    [(4) Not later than January 31 of each year, starting with 
fiscal year 1991, the Secretary shall submit to Congress a 
final report on the progress toward meeting the goals of this 
subsection during the preceding fiscal year. The report shall 
include--
          [(i) a full explanation of any progress toward 
        meeting goals of this subsection; and
          [(ii) a plan to meet the goals, if necessary.]

SEC. 610. ADMINISTRATIVE PROVISIONS FOR DISCRETIONARY ASSISTANCE 
                    PROGRAMS.

    (a) Findings With Respect to Addressing Diversity Under 
Parts D and E.--With respect to this section and parts D and E, 
Congress finds the following:
          (1)(A) The Federal Government must be responsive to 
        the growing needs of an increasingly more diverse 
        society. A more equitable allocation of resources is 
        essential for the Federal Government to meet its 
        responsibility to provide an equal educational 
        opportunity for all individuals.
          (B) Recent data indicate that the number of African 
        American and Hispanic children in schools, and in 
        special education, continues to rise, and the number of 
        minority teachers and related services personnel 
        produced in the colleges and universities of the United 
        States continues to decrease.
          (2) There is a compelling national interest in aiding 
        institutions of higher education that have historically 
        served students who have been denied access to 
        postsecondary education because of race or national 
        origin and whose participation in the United States 
        system of higher education is in the interest of the 
        United States so that the access to, and the quality 
        of, postsecondary education are enhanced for all 
        students.
          (3)(A) Historically Black Colleges and Universities 
        and other institutions of higher education with 
        substantial minority enrollments have an important role 
        in the development of a professional workforce in 
        special education and related services that reflects 
        the full participation of all members of society by 
        providing access and high-quality education to low-
        income and minority students who will enter the field 
        of special education and other related fields. Upon 
        completing their education at such colleges and 
        universities and institutions, many low-income and 
        minority students become teachers or professionals in 
        related fields and provide services to children with 
        disabilities in inner-city urban and rural areas that 
        have experienced significant shortages in qualified 
        personnel.
          (B) Recent data indicate that the Historically Black 
        Colleges and Universities enroll nearly 50 percent of 
        the African American teacher trainees in the United 
        States. However, during the time period covered by the 
        data, such colleges and universities received only 4 
        percent of the discretionary funds for special 
        education and related services personnel training under 
        this Act.
    (b) Comprehensive Plan.--
          (1) In general.--The Secretary shall develop and 
        implement a comprehensive plan for activities carried 
        out under parts D and E in order to enhance the 
        provision of educational, related, and early 
        intervention services to children with disabilities 
        under parts B and H. Such plan shall include mechanisms 
        to address early intervention, educational, and 
        transitional needs identified by States in applications 
        submitted for systems change grants under part C.
          (2) Participants in plan development.--In developing 
        the plan described in paragraph (1), the Secretary 
        shall involve--
                  (A) individuals with disabilities;
                  (B) parents of children with disabilities;
                  (C) appropriate professionals; and
                  (D) representatives of State and local 
                educational agencies, private schools, 
                institutions of higher education, other Federal 
                agencies, the National Council on Disabilities, 
                and national organizations with an interest in, 
                and expertise in, providing services to 
                children with disabilities and their families.
        The Secretary shall publish the plan in the Federal 
        Register for public comment.
          (3) Distribution of funds.--In implementing the plan 
        described in paragraph (1), the Secretary shall, to the 
        extent appropriate, ensure that funds are awarded to 
        recipients under parts D and E to carry out activities 
        that benefit, directly or indirectly, children with 
        disabilities of all ages.
    (c) Eligible Applicants.--
          (1) In general.--Except as otherwise provided in this 
        subsection and parts D and E, the following entities 
        are eligible to apply for a grant, contract, or 
        cooperative agreement under part D or E:
                  (A) A State educational agency.
                  (B) A local educational agency.
                  (C) An institution of higher education.
                  (D) Any other public agency.
                  (E) A private nonprofit organization.
                  (F) An outlying area.
                  (G) An Indian tribe or tribally controlled 
                school funded by the Department of the 
                Interior.
                  (H) A for-profit organization, if the 
                Secretary determines that such organization is 
                an appropriate entity to be eligible to apply 
                for a grant, contract, or cooperative agreement 
                under part D or E.
          (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). In the 
        case of the award of a grant, contract, or cooperative 
        agreement under section 634, an eligible entity shall 
        demonstrate the capacity to conduct personnel 
        preparation activities.
          (3) Use of funds by the secretary.--
                  (A) In general.--Notwithstanding any other 
                provision of law and subject to subparagraph 
                (B), the Secretary may use not more than 20 
                percent of the total funds available under 
                parts D and E (other than section 643) to carry 
                out, through a grant, contract, or cooperative 
                agreement, a project that consists of, or a 
                combination of--
                          (i) a research or innovation activity 
                        that meets an objective described in 
                        section 633(a) or a personnel 
                        preparation activity that meets an 
                        objective described in section 634(a); 
                        and
                          (ii) a technical assistance or 
                        information dissemination activity that 
                        meets an objective described in section 
                        644(a) or a technology development, 
                        demonstration, or utilization activity, 
                        or an educational media service, that 
                        meets an objective described in section 
                        645(a);
                subject to such conditions as the Secretary 
                determines are appropriate to effectively meet 
                the objectives involved.
                  (B) Special rules.--In carrying out a project 
                or combination under subparagraph (A), the 
                Secretary shall use funds made available 
                under--
                          (i) section 633 if the project or 
                        combination involves a research or 
                        innovation activity;
                          (ii) section 634 if the project or 
                        combination involves a personnel 
                        preparation activity;
                          (iii) section 644 if the project or 
                        combination involves a technical 
                        assistance or information dissemination 
                        activity; and
                          (iv) section 645 if the project or 
                        combination involves a technology 
                        development, demonstration, or 
                        utilization activity, or an educational 
                        media service.
    (d) Special Populations.--
          (1) Application requirement.--In making an award of a 
        grant, contract, or cooperative agreement under part D 
        or E, the Secretary shall, as appropriate, require an 
        applicant to demonstrate how the applicant will address 
        the needs of children with disabilities from unserved, 
        underserved, or inappropriately identified populations.
          (2) Outreach and technical assistance.--
        Notwithstanding any other provision of this Act, the 
        Secretary--
                  (A) shall ensure that at least 1 percent of 
                the total amount of funds appropriated for 
                parts D and E is used--
                          (i) for providing 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 such 
                        parts; and
                          (ii) to enable the Historically Black 
                        Colleges and Universities and the 
                        institutions described in clause (i) to 
                        assist other colleges, universities, 
                        institutions, and agencies in improving 
                        educational and transitional results 
                        for children with disabilities; and
                  (B) may reserve funds appropriated under 
                parts D and E to meet the requirement of 
                subparagraph (A).
    (e) Priorities.--
          (1) In general.--The Secretary shall ensure that a 
        grant, contract, or cooperative agreement awarded under 
        part D or E is awarded only for activities that are 
        designed to benefit children with disabilities or their 
        families or the personnel employed to work with such 
        children or their families or to benefit other 
        individuals with disabilities whom such part is 
        intended to benefit.
          (2) Eligible activities.--Subject to paragraph (1), 
        the Secretary, in making an award of a grant, contract, 
        or cooperative agreement under part D or E, may, 
        without conducting rulemaking under section 553 of 
        title 5, United States Code, limit the entities 
        eligible for the grant, contract, or cooperative 
        agreement to, or otherwise give priority to, eligible 
        entities that carry out the following activities:
                  (A) In general.--Activities relating to 
                personnel preparation, training, research, 
                dissemination of information, technical 
                assistance, technology development, and 
                educational media services that address 1 or 
                more of the following:
                          (i) The age ranges of children with 
                        disabilities.
                          (ii) The types of disabilities of 
                        children.
                          (iii) The school grades of children 
                        with disabilities.
                          (iv) The types of educational 
                        placements or early intervention 
                        environments of children with 
                        disabilities.
                          (v) The types of services provided to 
                        children with disabilities.
                          (vi) Content areas such as reading.
                          (vii) Effective strategies for 
                        helping children with disabilities 
                        learn appropriate behavior in the 
                        school and other community-based 
                        educational settings.
                  (B) Activities related to severity of 
                disability.--Activities relating to personnel 
                preparation, training, research, dissemination 
                of information, technical assistance, 
                technology development, and educational media 
                services that address the needs of children 
                based on the severity of the disability of the 
                children.
                  (C) Other related activities.--Activities 
                relating to personnel preparation, training, 
                research, dissemination of information, 
                technical assistance, technology development, 
                and educational media services that address the 
                needs of the following individuals and areas:
                          (i) Low-achieving students.
                          (ii) Underserved populations.
                          (iii) Children from low-income 
                        families.
                          (iv) Children with limited English 
                        proficiency.
                          (v) Unserved and underserved areas.
                          (vi) Children whose behavior 
                        interferes with their learning and 
                        socialization.
                          (vii) Inappropriately identified 
                        populations.
                  (D) National activities.--Activities relating 
                to personnel preparation, training, research, 
                dissemination of information, technical 
                assistance, technology development, and 
                educational media services that are carried out 
                in particular areas of the country, to ensure 
                broad geographic coverage.
                  (E) Authorized activities.--Any activity that 
                is expressly authorized in the applicable part.
    (f) Applicant and Recipient Responsibilities.--
          (1) Development and assessment of projects.--The 
        Secretary shall require that an applicant for, and a 
        recipient of, a grant, contract, or cooperative 
        agreement for a project under part D or E--
                  (A) involve individuals with disabilities or 
                parents of individuals with disabilities in 
                planning, implementing, and evaluating the 
                project; and
                  (B) where appropriate, determine whether the 
                project has any potential for replication and 
                adoption by other entities.
                  (2) Additional responsibilities.--The 
                Secretary may require a recipient of a grant, 
                contract, or cooperative agreement under part D 
                or E to--
                  (A) share in the cost of the project of the 
                recipient;
                  (B) prepare the research and evaluation 
                findings and products from the project in 
                formats that are useful for specific audiences, 
                including parents, administrators, teachers, 
                early intervention personnel, related services 
                personnel, and individuals with disabilities;
                  (C) disseminate such findings and products; 
                and
                  (D) collaborate with other such recipients in 
                carrying out the activities described in 
                subparagraphs (B) and (C).
    (g) Application Management.--
          (1) Standing panels.--
                  (A) In general.--The Secretary shall 
                establish and use standing panels of experts 
                who are competent, by virtue of their training, 
                expertise, or experience, to evaluate 
                applications under parts D and E that, 
                individually, request more than $75,000 a year 
                in assistance.
                  (B) Federal employment limitation.--A 
                majority of the individuals on each panel 
                described in subparagraph (A) shall be 
                individuals who are not employees of the 
                Federal Government.
          (2) Selection and participation of panel members.--
                  (A) In general.--The Secretary shall 
                establish criteria to use in the selection of 
                the panel members. Such criteria shall ensure 
                that the membership of standing panels 
                includes--
                          (i) individuals with knowledge and 
                        expertise on the issues addressed by 
                        the activities authorized by parts D 
                        and E; and
                          (ii) to the extent practicable, 
                        parents of children with disabilities, 
                        individuals with disabilities, and 
                        persons from diverse racial, ethnic, 
                        and cultural backgrounds.
                  (B) Membership.--Standing panel membership 
                shall include, at a minimum--
                          (i) individuals who are 
                        representatives of institutions of 
                        higher education that plan, develop, 
                        and carry out programs of personnel 
                        preparation;
                          (ii) individuals who design and carry 
                        out programs of research targeted to 
                        the improvement of special education 
                        programs and services;
                          (iii) individuals who have recognized 
                        experience, and knowledge, necessary to 
                        integrate and apply research findings 
                        to improve educational and transitional 
                        results for children with disabilities;
                          (iv) individuals who administer 
                        programs at the State or local level in 
                        which children with disabilities 
                        participate;
                          (v) individuals who prepare parents 
                        of children with disabilities to 
                        participate in making decisions about 
                        the education of their children;
                          (vi) individuals who establish 
                        policies that affect the delivery of 
                        services to children with disabilities;
                          (vii) individuals who are parents of 
                        children with disabilities who are 
                        benefiting or have benefited from 
                        coordinated research, personnel 
                        preparation, and technical assistance; 
                        and
                          (viii) individuals who are 
                        individuals with disabilities.
                  (C) Training.--The Secretary shall provide 
                training to the individuals who are selected as 
                members of the standing panels under this 
                paragraph.
                  (D) Term.--Membership on any such standing 
                panel shall be for a period of not more than 3 
                consecutive years.
          (3) Secretary's discretion over limited use of 
        discretionary funds for administrative purposes.--
                  (A) Expenses and fees of non-federal panel 
                members.--The Secretary may use funds available 
                under parts D and E to pay the expenses and 
                fees of the panel members who are not members 
                of the Federal Government.
                  (B) Administrative support.--The Secretary 
                may use not more than 1 percent of the funds 
                available under parts D and E to pay non-
                Federal entities for administrative support 
                related to management of applications submitted 
                under part D or E.
                  (C) Monitoring.--The Secretary may use funds 
                available under parts D and E to pay the 
                expenses of Federal employees to conduct onsite 
                monitoring of projects receiving $500,000 or 
                more, for any fiscal year under part D or E.
    (h) Program Evaluation.--The Secretary may use funds 
appropriated to carry out parts D and E to evaluate activities 
carried out under such parts.
    (i) Rules of Construction.--
          (1) References to early intervention services.--
                  (A) Child with a disability.--If a provision 
                of this section or part C, D, or E refers to 
                services for a child with a disability (or a 
                family member of the child), and the services 
                include early intervention services or services 
                provided under part H, the provision shall be 
                deemed to refer to--
                          (i) early intervention services or 
                        services provided under part H, 
                        respectively, for an infant or toddler 
                        with a disability (or a family member 
                        of the infant or toddler, as 
                        appropriate); and
                          (ii) the other services referred to 
                        in the provision for a child with a 
                        disability (or a family member of the 
                        child, as appropriate).
                  (B) Person with a relationship to a child 
                with a disability.--If a provision of this 
                section or part C, D, or E refers to a benefit 
                (such as training or research) for a person 
                (such as a parent or education professional) 
                with a relationship to a child with a 
                disability (or a family member of the child), 
                and the benefit is provided with respect to 
                services that include early intervention 
                services or services provided under part H, the 
                provision shall be deemed to refer to--
                          (i) the benefit, provided with 
                        respect to early intervention services 
                        or services provided under part H, 
                        respectively, for a person with a 
                        relationship to an infant or toddler 
                        with a disability (or a family member 
                        of the infant or toddler, as 
                        appropriate); and
                          (ii) the benefit, provided with 
                        respect to the other services referred 
                        to in the provision, for a person with 
                        a relationship to a child with a 
                        disability (or a family member of the 
                        child, as appropriate).
          (2) References to early intervention results.--
                  (A) Child with a disability.--If a provision 
                of this section or part C, D, or E refers to 
                results for a child with a disability, and the 
                results include early intervention results, the 
                provision shall be deemed to refer to--
                          (i) early intervention results for an 
                        infant or toddler with a disability; 
                        and
                          (ii) the other results referred to in 
                        the provision for a child with a 
                        disability.
                  (B) Person with a relationship to a child 
                with a disability.--If a provision of this 
                section or part C, D, or E refers to a benefit 
                (such as training or research) for a person 
                described in paragraph (1)(B)(ii) that is 
                provided to achieve results for a child with a 
                disability, and the results include early 
                intervention results, the provision shall be 
                deemed to refer to--
                          (i) the benefit, provided to achieve 
                        early intervention results, for a 
                        person with a relationship to an infant 
                        or toddler with a disability; and
                          (ii) the benefit, provided to achieve 
                        other results referred to in the 
                        provision, for a person with a 
                        relationship to a child with a 
                        disability.
          * * * * * * *
    [Sec. 611. (a)(1) Except as] Sec. 611. (a)(1) Except as 
provided in paragraph (5), the maximum amount of the grant for 
which a State is entitled under this section for any fiscal 
year is.--
          * * * * * * *
    Sec. 611. (a)(3) The number of children with disabilities 
receiving special education and related services in any fiscal 
year shall be equal to number of such children receiving 
special education and related services on [December 1] the last 
Friday of October or December 1 of the fiscal year preceding 
the fiscal year for which the determination is made.
          * * * * * * *
    Sec. 611. [(c) Distribution and use of grant funds by 
States for fiscal years ending September 30, 1979, and 
thereafter.
          (1) Of the funds]
    (c)(1) Of the funds received under subsection (a) by any 
State for any fiscal year--
          * * * * * * *
                  (B) except as provided in [paragraph (4)] 
                subsection (d)(3), the State shall distribute 
                at least 75 percent of such funds to local 
                educational agencies [and intermediate 
                educational units], in accordance with 
                subsection (d), [for use in accordance with 
                priorities established under section 612(3)]
          [(2)
                  (A) From the funds]
          (2)(A) From the funds that any State may use under 
        paragraph (1)(A) for any fiscal year, the State--
                  (i) may use 5 percent of the funds received 
                under this section or $450,000, whichever is 
                greater, for [administrative costs related to 
                carrying out sections 612 and 613; and] the 
                purpose of administering this part;
                  (ii)(I) to provide support services and 
                direct services, subject to subparagraph (B), 
                [in accordance with priorities established 
                under section 612(3); and];
                  (II) for the administrative costs of 
                monitoring and complaint investigation, but 
                only to the extent that such costs exceed the 
                costs of administration incurred during fiscal 
                year 1985[.];
                  (III) to establish and implement the 
                mediation process required by section 615(e); 
                and
                  (IV) for activities at the State and local 
                levels to meet the performance goals 
                established by the State under section 
                612(a)(16); and
                  (iii) may use the remainder--
                          (I) to develop and implement systems 
                        change activities under part C;
                          (II) to supplement other funds used 
                        to develop and implement a statewide 
                        fully integrated and coordinated 
                        services system that links education, 
                        health, social welfare services, 
                        support systems, private entities, and 
                        community entities in a manner designed 
                        to improve the educational and 
                        transitional results for children and 
                        families (including children with 
                        disabilities and their families), but 
                        not to exceed 1 percent of the amount 
                        received by the State under this 
                        section; or
                          (III) for other appropriate 
                        activities, at the discretion of the 
                        State educational agency, that are 
                        consistent with the purposes described 
                        in paragraphs (1) and (4) of section 
                        601(c).
        The system described in subclause (II) of clause (iii) 
        shall be coordinated with, and to the extent 
        appropriate, support the coordinated, services 
        developed by the State under part H.
          * * * * * * *
          (3) The provisions of [section 613(a)(9)] section 
        612(a)(18)(A) (ii) and (iii) shall not apply with 
        respect to amounts available for use by any State under 
        paragraph (2).
          [(4)(A) No funds shall be distributed by any State 
        under this subsection in any fiscal year to any local 
        educational agency or intermediate educational unit in 
        such State if--
                  [(i) such local educational agency or 
                intermediate educational unit is entitled, 
                under subsection (d), to less than $7,500 for 
                such fiscal year; or
                  [(ii) such local educational agency or 
                intermediate educational unit has not submitted 
                an application for such funds which meets the 
                requirements of section 614.
          [(B) Whenever the provisions of subparagraph (A) 
        apply, the State involved shall use such funds to 
        assure the provision of a free appropriate education to 
        children with disabilities residing in the area served 
        by such local educational agency or such intermediate 
        educational unit. The provisions of paragraph (2)(B) 
        shall not apply to the use of such funds.]
    (d) Formula.--
          (1) From the total amount of funds available for any 
        fiscal year under subsection (c)(1)(B), the State shall 
        provide to each local educational agency [or 
        intermediate educational unit] an amount that bears the 
        same ratio to such total amount as the number of 
        children, aged 3 through 21, determined under 
        subsection (a)(3) for such agency [or unit] bears to 
        the total number of such children determined for all 
        such agents [and units] that apply for such funds.
          * * * * * * *
          (3)(A) A State may elect not to distribute funds to 
        any local educational agency under this section or 
        under section 619 for any fiscal year if the total 
        amount the local educational agency would retire, from 
        the combination of funds under this section and section 
        619, is less than $7,500.
          (B) When a State elects to use its authority under 
        subparagraph (A), the State shall use the funds that 
        would otherwise be provided to the local educational 
        agency to ensure the provision of a free appropriate 
        public education to children with disabilities residing 
        in the area served by that agency.
          (C) A State's authority under subparagraph (A) does 
        not apply to a State agency that is eligible for a 
        payment under payment (2) or section 619(g).
          (4) If a State educational agency determines that a 
        local educational agency is adequately providing a free 
        appropriate public education to all children with 
        disabilities residing in the area served by that agency 
        with State and local funds, the State educational 
        agency may reallocate any portion of the funds under 
        this part that are not needed by that local agency to 
        provide a free appropriate public education to other 
        local educational agencies in the State that are not 
        adequately providing special education and related 
        services to all children with disabilities residing in 
        the areas such other local educational agencies serve.
    [(e) Territories and Possessions.
          (1) The jurisdictions to which this subsection 
        applies are Guam, American Samoa, the Virgin Islands, 
        the Commonwealth of the Northern Mariana Islands, and 
        Palau (until the Compact of Free Association with the 
        Government of Palau takes effect).]
    (e)(1)(A) The jurisdictions to which this subsection 
applies are the outlying areas as defined in section 602.
    [(2) Each jurisdiction] (B) Each of the outlying areas to 
which this subsection applies shall be entitled to a grant for 
the purposes set forth in section 601(c) in an amount equal to 
an amount determined by the Secretary in accordance with 
criteria based on respective needs, except that the aggregate 
of the amount to which [such jurisdictions are so] such 
outlying areas are so entitled for any fiscal year shall not 
exceed an amount equal to 1 per centum of the aggregate of the 
amounts, available to all States under this part for that 
fiscal year. If the aggregate of the amounts, determined by the 
Secretary pursuant to the preceding sentence, to be so needed 
for any fiscal year exceeds an amount equal to such 1 per 
centum limitation, the entitlement of each [such jurisdiction] 
of the outlaying areas shall be reduced proportionately until 
such aggregate does not exceed such 1 per centum limitation.
    [(3) The] (2) The amount expended for administration by 
[each jurisdiction] each of the outlying areas under this 
subsection shall not exceed 5 per centum of the amount allotted 
to [such jurisdiction] each of the outlying areas for any 
fiscal year, or $35,000, whichever is greater.
    (3) The provisions of section 501 of Public Law 95-134 (48 
U.S.C. 1469a), permitting the consolidation of grants to 
outlying areas, shall not apply to funds such areas receive 
under this section.
    (f)(1) The Secretary shall make payments to the Secretary 
of the Interior to meet the need for assistance for the 
education of children with disabilities on reservations aged 5-
21, inclusive, enrolled in elementary and secondary schools for 
Indian children operated or funded by the Secretary of the 
Interior. In the case of Indian students ages 3-5, inclusive, 
who are enrolled in programs affiliated with Bureau of Indian 
Affairs (hereafter in this subsection referred to as ``BIA'') 
schools and that are required by the States in which such 
schools are located to attain or maintain State accreditation, 
and which schools have such accreditation prior to the date of 
enactment of the Individuals with Disabilities Education Act 
Amendments of 1991 (enacted Oct. 7, 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] for children with disabilities aged 3 
through 21, who are enrolled in programs affiliated with the 
BIA, in accordance with paragraph (3). The amount of such 
payment for any fiscal year shall be 1 percent of the 
[aggregate amounts available for all States under this section 
for that fiscal year] amount appropriated under subsection (h) 
for that fiscal year.
          * * * * * * *
    (3) The Secretary of the Interior may receive an allotment 
under paragraph (1) only after submitting to the Secretary of 
Education [an application that--] information that--
          [(A) meets the appropriate requirements, as 
        determined by the Secretary of Education, of sections 
        612 (including monitoring and evaluation activities), 
        613, and 614(a)];
          (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
          * * * * * * *
          (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(b)(1), including data on the number of children and 
        youth with disabilities served and the types and 
        amounts of services provided and needed and this 
        information shall be included in the annual report of 
        the Secretary of Education to Congress required in 
        Section 618(g)] section 618;
          (E) includes [an assurance that, by October 1, 1992, 
        the Secretaries of the Interior and Health and Human 
        Services will enter into a memorandum of agreement] 
        information that describes activities undertaken with 
        regard to the memorandum of agreement between the 
        Secretaries of the Interior and of Health and Human 
        Services, 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/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] the Department of 
        Education's monitoring and oversight [of this 
        application] related to information submitted to the 
        Secretary of Education under this paragraph, and any 
        agreements entered into between the Secretary of the 
        Interior and other entities under this Act, and will 
        fulfill [its duties] the duties of the Department of 
        the Interior under this Act.
    Section 616(a) shall apply to any such [application.] 
information. The Secretary of the Interior shall submit 
annually to the Secretary of Education a report on the status 
on the activities described in subparagraphs (A) through (F) 
that the Secretary of the Interior is carrying out.
          (4)(A) [Beginning with funds appropriated under 
        section 611(a) for fiscal year 1992,] With funds 
        appropriated under subsection (h), the Secretary shall, 
        subject to this paragraph, 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 consortiums of the above to provide for the 
        coordination of assistance for special education and 
        related services for children with disabilities aged 3-
        5, inclusive, on reservations served by elementary and 
        secondary schools for Indian children operated or 
        funded by the Department of the Interior. The amount of 
        such payments under subparagraph (B) for any fiscal 
        year shall be .25 percent of the [aggregate amounts 
        available for all States under this section] amount 
        appropriated under subsection (h) for that fiscal year.
          [(B) The Secretary of the Interior shall distribute 
        the total amount of the .25 percent under subparagraph 
        (A) in the following manner:]
          (B) The Secretary of the Interior shall distribute 
        the total amount of the 0.25 percent under subparagraph 
        (A) by allocating to each tribe or tribal organization 
        an amount based on the number of children with 
        disabilities, aged 3 through 5, residing on 
        reservations as reported annually divided by the total 
        of such children served by all tribes or tribal 
        organizations.
          * * * * * * *
          (D) 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 3-5, inclusive, 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] shall involve Indian 
        parents in the development and implementation of these 
        activities. [The above entities] The tribe and tribal 
        organization shall, as appropriate, make referrals to 
        local, State, or Federal entities for the provision of 
        services or further [diagnosis] diagnosis of the 
        children.
          (E) To be eligible to receive a grant pursuant to 
        subparagraph (A), the tribe or tribal organization 
        shall make [a biennial report] an annual report to the 
        Secretary of the Interior of activities undertaken 
        under this paragraph, including the number of contracts 
        and cooperative agreements entered into, the number of 
        children contacted and receiving services for each year 
        and the estimated number of children needing services 
        during the 2 years [following the one in which] 
        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] an annual basis 
        in the report to the Secretary of Education required 
        [under this subsection] under paragraph (3) The 
        Secretary of Education may require any additional 
        information from the Secretary of the Interior.
          (F) The Secretary of the Interior shall offer and, on 
        request, provide technical assistance (especially in 
        the areas of child find, diagnosis, and referral) to 
        State and local educational agencies [(where 
        appropriate, intermediate educational units)], and 
        tribes and tribal organizations. Such assistance may be 
        provided through [its divisions and offices] any 
        appropriate division or office of the Department of the 
        Interior at the national and local level.
          * * * * * * *
          (5) Before [January 1, 1992] June 1, 1997, the 
        Secretary of the Interior shall submit to the 
        [Committee on Education and Labor] Chairman of the 
        Committee on Economic and Educational Opportunities of 
        the House of Representatives and the [Committee on 
        Labor] Chairman of the Committee on Labor and Human 
        Resources of the Senate a plan for the coordination of 
        service for all Indian children with disabilities 
        residing on reservations covered under this Act. Such 
        plan shall provide for the coordination of services 
        benefiting these children from whatever source, 
        including tribes, the Indian Health Service, other BIA 
        divisions, and other Federal agencies. In developing 
        such a plan, the Secretary of the Interior shall 
        consult with all [interested and involved parties] 
        interested and involved parties, including parents of 
        Indian children with disabilities. It shall be based 
        upon the needs of the children and the system best 
        suited for meeting those needs, and may involve the 
        establishment of cooperative agreements between the 
        BIA, other Federal agencies, and other entities. Such 
        plan shall also be distributed upon request to States, 
        State and local educational agencies, and other 
        agencies providing services to infants, toddlers, 
        children, and youth with disabilities, to tribes, and 
        to other [interested parties] interested agencies, 
        organizations, or individuals.
          (6) To meet the requirements of [section 613(a)(12) 
        of this Act] section 612(a)(20), the Secretary of the 
        Interior shall establish, [within 6 months of the date 
        of the enactment of the Individuals with Disabilities 
        Education Act Amendments of 1991, under the Bureau of 
        Indian Affairs (BIA),] an advisory board composed of 
        individuals involved in or concerned with the education 
        and provision of services to Indian infants, toddlers, 
        children, and youth with disabilities, including 
        Indians with disabilities, Indian parents or guardians 
        of such children, teachers, service providers, State 
        and local educational officials, representatives of 
        tribes or tribal organizations, representatives from 
        State Interagency Coordinating Councils in States 
        having reservations, and other members representing the 
        various divisions and entities of the BIA. The 
        chairperson shall be selected by the Secretary of the 
        Interior. The advisory board shall--
          (A) assist in coordinating of services within BIA and 
        with other local, State, and Federal agencies in the 
        provision of education for infants, toddlers, 
        [children, and youth] and children with disabilities;
          * * * * * * *
          (D) provide assistance and disseminate information on 
        best practices, effective program coordination 
        strategies, and recommendations for improved 
        educational programming for Indian infants, toddlers, 
        children, and youth with disabilities; [and]
          (E) provide assistance in the preparation of 
        information required under paragraph (3)(D)[.] and;
          (F) prepare a status report on the educational and 
        transitional results for Indian children with 
        disabilities, to be submitted to the Secretary of the 
        Interior on January 2, 1997.
    (g) Insufficient appropriations.
          (1)(c)(i) deduct, from the amount that the State 
        would otherwise be required to make available to local 
        educational agencies [and intermediate educational 
        units], the same amount of such additional funds as the 
        State so used; and
          * * * * * * *
          (2)(A) In any fiscal year for which payments have 
        been reduced and additional funds have not been made 
        available under paragraph (1) to pay in full the 
        amounts for which all States are eligible under this 
        section, each State educational agency shall fix dates 
        by which each local educational agency [or intermediate 
        educational unit] shall report to the State agency the 
        amount of funds available to such agency under this 
        section that such agency estimates such agency will 
        expend.
          (B) The State educational agency shall, in accordance 
        with this section, reallocate any funds that the State 
        educational agency determines will not be used during 
        the period of availability by local educational 
        agencies [and intermediate educational units], and by 
        any such agency [or unit] to which such funds would be 
        available if such agency [or unit] applied for such 
        funds under this part, to those local educational 
        agencies [and intermediate educational units] that the 
        State educational agency determines will need, and be 
        able to use, additional funds to carry out approved 
        programs.
          * * * * * * *

                              eligibility

    [Sec. 612. In order to qualify for assistance under this 
part in any fiscal year, a State shall demonstrate to the 
Secretary that the following conditions are met:
          [(1) The State has in effect a policy that assures 
        all children with disabilities the right to a free 
        appropriate public education.
          [(2) The State has developed a plan pursuant to 
        section 613(b) in effect prior to the date of the 
        enactment of the Education for All Handicapped Children 
        Act of 1975 and submitted not later than August 21, 
        1975, which will be amended so as to comply with the 
        provisions of this paragraph. Each such amended plan 
        shall set forth in detail the policies and procedures 
        which the State will undertake or has undertaken in 
        order to assure that--
                  [(A) there is established (i) a goal of 
                providing full educational opportunity to all 
                children with disabilities, (ii) a detailed 
                timetable for accomplishing such a goal, and 
                (iii) a description of the kind and number of 
                facilities, personnel, and services necessary 
                throughout the State to meet such a goal;
                  [(B) a free appropriate public education will 
                be available for all children with disabilities 
                between the ages of three and eighteen within 
                the State not later than September 1, 1978, and 
                for all children with disabilities between the 
                ages of three and twenty-one within the State 
                not later than September 1, 1980, except that, 
                with respect to children with disabilities aged 
                three to five and aged eighteen to twenty-one, 
                inclusive, the requirements of this clause 
                shall not be applied in any State if the 
                application of such requirements would be 
                inconsistent with State law or practice, or the 
                order of any court, respecting public education 
                within such age groups in the State;
                  [(C) all children residing in the State who 
                are disabled, regardless of the severity of 
                their disability, and who are in need of 
                special education and related services are 
                identified, located, and evaluated, and that a 
                practical method is developed and implemented 
                to determine which children are currently 
                receiving needed special education and related 
                services and which children are not currently 
                receiving needed special education and related 
                services;
                  [(D) policies and procedures are established 
                in accordance with detailed criteria prescribed 
                under section 617(c); and
                  [(E) any amendment to the plan submitted by 
                the State required by this section shall be 
                available to parents, guardians, and other 
                members of the general public at least thirty 
                days prior to the date of submission of the 
                amendment to the Secretary.
          [(3) The State has established priorities for 
        providing a free appropriate public education to all 
        children with disabilities, which priorities shall meet 
        the timetables set forth in clause (B) of paragraph (2) 
        of this section, first with respect to children with 
        disabilities who are not receiving an education, and 
        second with respect to children with disabilities, 
        within each disability category, with the most severe 
        disabilities who are receiving an inadequate education, 
        and has made adequate progress in meeting the 
        timetables set forth in clause (B) of paragraph (2) of 
        this section.
          [(4) Each local educational agency in the State will 
        maintain records of the individualized education 
        program for each child with a disability, and such 
        program shall be established, reviewed, and revised as 
        provided in section 614(a)(5).
          [(5) The State has established (A) procedural 
        safeguards as required by section 615, (B) procedures 
        to assure that, 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 that 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 is such that 
        education in regular classes with the use of 
        supplementary aids and services cannot be achieved 
        satisfactorily, and (c) procedures to assure that 
        testing and evaluation materials and procedures 
        utilized for the purposes of evaluation and placement 
        of children with disabilities will be selected and 
        administered so as not to be racially or culturally 
        discriminatory. Such materials or procedures shall be 
        provided and administered in the child's native 
        language or mode of communication, unless it clearly is 
        not feasible to do so, and no single procedure shall be 
        the sole criterion for determining an appropriate 
        educational program for a child.
          [(6) The State educational agency shall be 
        responsible for assuring that the requirements of this 
        part are carried out and that all educational programs 
        for children with disabilities within the State, 
        including all such programs administered by any other 
        State or local agency, will be under the general 
        supervision of the persons responsible for educational 
        programs for children with disabilities in the State 
        educational agency and shall meet educational standards 
        of the State educational agency. This paragraph shall 
        not be construed to limit the responsibility of 
        agencies other than educational agencies in a State 
        from providing or paying for some or all of the costs 
        of a free appropriate public education to be provided 
        children with disabilities in the State.
          [(7) The state shall assure that (A) in carrying out 
        the requirements of this section procedures are 
        established for consultation with individuals involved 
        in or concerned with the education of children with 
        disabilities, including individuals with disabilities 
        and parents or guardians of children with disabilities, 
        and (B) there are public hearings, adequate notice of 
        such hearings, and an opportunity for comment available 
        to the general public prior to adoption of the 
        policies, programs, and procedures required pursuant to 
        the provisions of this section and section 613.

                              [state plans

    [Sec. 613. (a) Any State meeting the eligibility 
requirements set forth in section 612 and desiring to 
participate in the program under this part shall submit to the 
Secretary, through its State educational agency, a State plan 
at such time, in such manner, and containing or accompanied by 
such information, as the Secretary deems necessary. Each such 
plan shall--
          [(1) set forth policies and procedures designed to 
        assure that funds paid to the State under this part 
        will be expended in accordance with the provisions of 
        this part, with particular attention given to the 
        provisions of sections 611(b), 611(c), 611(d), 612(2), 
        and 612(3);
          [(2) provide that programs and procedures will be 
        established to assure that funds received by the State 
        or any of its political subdivisions under any other 
        Federal program under which there is specific authority 
        for the provision of assistance for the education of 
        children with disabilities, will be utilized by the 
        State, or any of its political subdivisions, only in a 
        manner consistent with the goal of providing a free 
        appropriate public education for all children with 
        disabilities, except that nothing in this clause shall 
        be construed to limit the specific requirements of the 
        laws governing such Federal programs;
          [(3) describe, consistent with the purposes of this 
        Act and with the comprehensive system of personnel 
        development described in section 676(b)(8), a 
        comprehensive system of personnel development that 
        shall include--
                  [(A) a description of the procedures and 
                activities the State will undertake to ensure 
                an adequate supply of qualified special 
                education and related services personnel 
                including--
                          [(i) the development and maintenance 
                        of a system for determining on an 
                        annual basis--
                                  [(I) the number and type of 
                                personnel, including leadership 
                                personnel, that are employed in 
                                the provision of special 
                                education and related services, 
                                by area of specialization, 
                                including the number of such 
                                personnel who are employed on 
                                an emergency, provisional, or 
                                other basis, who do not hold 
                                appropriate State certification 
                                or licensure; and
                                  [(II) the number and type of 
                                personnel, including leadership 
                                personnel, needed, and a 
                                projection of the numbers of 
                                such personnel that will be 
                                needed in five years, based on 
                                projections of individuals to 
                                be served, retirement and other 
                                leaving of personnel from the 
                                field, and other relevant 
                                factors;
                          [(ii) the development and maintenance 
                        of a system for determining, on an 
                        annual basis, the institutions of 
                        higher education within the State that 
                        are preparing special education and 
                        related services personnel, including 
                        leadership personnel, by area of 
                        specialization, including--
                                  [(I) the numbers of students 
                                enrolled in such programs, and
                                  [(II) the number who 
                                graduated with certification or 
                                licensure, or with credentials 
                                to qualify for certification or 
                                licensure, during the past 
                                year; and
                          [(iii) the development, updating, and 
                        implementation of a plan that--
                                  [(I) will address current and 
                                projected special education and 
                                related services personnel 
                                needs, including the need for 
                                leadership personnel; and
                                  [(II) coordinates and 
                                facilitates efforts among State 
                                and local educational agencies, 
                                institutions of higher 
                                education, and professional 
                                associations to recruit, 
                                prepare, and retain qualified 
                                personnel, including personnel 
                                from minority backgrounds, and 
                                personnel with disabilities; 
                                and
                  [(B) a description of the procedures and 
                activities the State will undertake to ensure 
                that all personnel necessary to carry out this 
                part are appropriately and adequately prepared 
                including--
                          [(i) a system for the continuing 
                        education of regular and special 
                        education and related services 
                        personnel;
                          [(ii) procedures for acquiring and 
                        disseminating to teachers, 
                        administrators, and related services 
                        personnel significant knowledge derived 
                        from education research and other 
                        sources; and
                          [(iii) procedures for adopting, where 
                        appropriate, promising practices, 
                        materials, and technology.\1\
          [(4) set forth policies and procedures to assure--
                  [(A) that, to the extent consistent with the 
                number and location of children with 
                disabilities in the State who are enrolled in 
                private elementary and secondary schools, 
                provision is made for the participation of such 
                children in the program assisted or carried out 
                under this part by providing for such children 
                special education and related services; and
                  [(B) that--
                          [(i) children with disabilities in 
                        private schools and facilities will be 
                        provided special education and related 
                        services (in conformance with an 
                        individualized education program as 
                        required by this part) at no cost to 
                        their parents or guardian, 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, and
                          [(ii) in all such instances, the 
                        State educational agency shall 
                        determine whether such schools and 
                        facilities meet standards that apply to 
                        State and local educational agencies 
                        and that children so served have all 
                        the rights they would have if served by 
                        such agencies;
          [(5) set forth policies and procedures which assure 
        that the State shall seek to recover any funds made 
        available under this part for services to any child who 
        is determined to be erroneously classified as eligible 
        to be counted under section 611(a) or section 611(d);
          [(6) provide satisfactory assurance that the control 
        of funds provided under this part, and title of 
        property derived therefrom, shall 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;
          [(7) provide for--
                  [(A) making such reports in such form and 
                containing such information as the Secretary 
                may require to carry out the Secretary's 
                functions under this part, and
                  [(B) keeping such records and affording such 
                access thereto as the Secretary may find 
                necessary to assure the correctness and 
                verification of such reports and proper 
                disbursement of Federal Funds under this part:
          [(8) provide procedures to assure that final action 
        with respect to any application submitted by a local 
        educational agency or an intermediate educational unit 
        shall not be taken without first affording the local 
        educational agency or intermediate educational unit 
        involved reasonable notice and opportunity for a 
        hearing;
          [(9) provide satisfactory assurance that Federal 
        funds made available under this part--
                  [(A) will not be commingled with State funds, 
                and
                  [(B) will be so used as to supplement and 
                increase 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 part the requirement of this 
                subparagraph if the Secretary concurs with the 
                evidence provided by the State;
          [(10) provide, consistent with the procedures 
        prescribed pursuant to section 617(a)(2), satisfactory 
        assurance that such fiscal control and fund accounting 
        procedures will be adopted as may be necessary to 
        assure proper disbursement of, and accounting for, 
        Federal funds paid under this part to the State, 
        including any such funds paid by the State to local 
        educational agencies and intermediate educational 
        units;
          [(11) provide for procedures for evaluation at least 
        annually of the effectiveness of programs in meeting 
        the educational needs of children with disabilities 
        (including evaluation of individualized education 
        programs), in accordance with such criteria that the 
        Secretary shall prescribe pursuant to section 617:
          [(12) provide that the State has an advisory panel, 
        appointed by the Governor or any other official 
        authorized under State law to make such appointments, 
        composed of individuals involved in or concerned with 
        the education of children with disabilities, including 
        individuals with disabilities, teachers, parents or 
        guardians of children with disabilities, State and 
        local education officials, and administrators of 
        programs for children with disabilities, which--
                  [(A) advises the State educational agency of 
                unmet needs within the State in the education 
                of children with disabilities,
                  [(B) comments publicly on any rules or 
                regulations proposed for issuance by the State 
                regarding the education of children with 
                disabilities and the procedures for 
                distribution of funds under this part, and
                  [(C) assists the State in developing and 
                reporting such data and evaluations as may 
                assist the Secretary in the performance of the 
                responsibilities of the Secretary under section 
                618;
          [(13) set forth policies and procedures for 
        developing and implementing interagency agreements 
        between the State educational agency and other 
        appropriate State and local agencies to--
                  [(A) define the financial responsibility of 
                each agency for providing children and youth 
                with disabilities with free appropriate public 
                education, and
                  [(B) resolve interagency disputes, including 
                procedures under which local educational 
                agencies may initiate proceedings under the 
                agreement in order to secure reimbursement from 
                other agencies or otherwise implement the 
                provisions of the agreement;
          [(14) set forth policies and procedures relating to 
        the establishment and maintenance of standards to 
        ensure that personnel necessary to carry out the 
        purposes of this part are appropriately and adequately 
        prepared and trained, including--
                  [(A) the establishment and maintenance of 
                standards which are consistent with any State 
                approved or recognized certification, 
                licensing, registration, or other comparable 
                requirements which apply to the area in which 
                such personnel are providing special education 
                or related services, and
                  [(B) to the extent such standards are not 
                based on the highest requirements in the State 
                applicable to a specific profession or 
                discipline, the steps the State is taking to 
                require the retraining or hiring of personnel 
                that meet appropriate professional requirements 
                in the State; and
          [(15) set forth policies and procedures relating to 
        the smooth transition for those individuals 
        participating in the early intervention program 
        assisted under part H who will participate in preschool 
        programs assisted under this part, including a method 
        of ensuring that when a child turns age three an 
        individualized education program, or, if consistent 
        with sections 614(a)(5) and 677(d), an individualized 
        family service plan, has been developed and is being 
        implemented by such child's third birthday.
    [(b) Whenever a State educational agency provides free 
appropriate public education of children with disabilities, or 
provides direct services to such children, such State 
educational agency shall include, as part of the State plan 
required by subsection (a) of this section,such additional 
assurances not specified in such subsection (a) as are 
contained in section 614(a), except that funds available for 
the provision of such education or services may be expended 
without regard to the provisions relating to excess costs in 
section 614(a).
    [(c)(1) The Secretary shall approve any State plan and any 
modification thereof which--
          [(A) is submitted by a State eligible in accordance 
        with section 612; and
          [(B) meets the requirements of subsection (a) and 
        subsection (b).
    [(2) The Secretary shall disapprove any State plan which 
does not meet the requirements of paragraph (1), but shall not 
finally disapprove a State plan except after reasonable notice 
and opportunity for a hearing to the State.
    [(d)(1) If, on the date of enactment of the Education of 
the Handicapped Act Amendments of 1983, a State educational 
agency is prohibited by law from providing for the 
participation in special programs of children with disabilities 
enrolled in private elementary and secondary schools required 
by subsection (a)(4), the Secretary shall waive such 
requirement, and shall arrange for the provision of services to 
such children through arrangements which shall be subject to 
the requirements of subsection (a)(4).
    [(2)(A) When 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 an amount per child which may not 
exceed the Federal amount provided per child under this part to 
all children with disabilities enrolled in the State for 
services for the fiscal year preceding the fiscal year for 
which the determination is made.
    [(B) Pending final resolution of any investigation or 
complaint that could result in a determination under this 
subsection, the Secretary may withhold from the allocation of 
the affected State educational agency the amount the Secretary 
estimates would be necessary to pay the cost of such services.
    [(C) Any determination by the Secretary under this section 
shall continue in effect 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)(4).
    [(3)(A) 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) If a State educational agency is dissatisfied with the 
Secretary's final action after a proceeding under subparagraph 
(A) of this paragraph, it may, within 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 2121 of title 28, 
United States Code.
    [(C) 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) Upon the filing of a petition under subparagraph (B), 
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.
    [(e) This Act shall not be construed to permit a State to 
reduce medical and other assistance available or to alter 
eligibility under titles V and XIX of the Social Security Act 
with respect to the provision of a free appropriate public 
education for children with disabilities within the State.

                              [application

    [Sec. 614. (a) A local educational agency or an 
intermediate educational unit which desires to receive payments 
under section 611(d) for any fiscal year shall submit an 
application to the appropriate State educational agency. Such 
application shall--
          [(1) provide satisfactory assurance that payments 
        under this part will be used for excess costs directly 
        attributable to programs which--
                  [(A) provide that all children residing 
                within the jurisdiction of the local 
                educational agency or the intermediate 
                educational unit who are disabled, regardless 
                of the severity of their disability, are in 
                need of special education and related services 
                will be identified, located, and evaluated, and 
                provide for the inclusion of a practical method 
                of determining which children are currently 
                receiving needed special education and related 
                services and which children are not currently 
                receiving such education and services.
                  [(B) establish policies and procedures in 
                accordance with detailed criteria prescribed 
                under section 617(c);
                  [(C) establish a goal of providing full 
                educational opportunities to all children with 
                disabilities, including--
                          [(i) procedures for the 
                        implementation and use of the 
                        comprehensive system of personnel 
                        development established by the State 
                        educational agency under section 
                        613(a)(3);
                          [(ii) the provision of, and the 
                        establishment of priorities for 
                        providing, a free appropriate public 
                        education to all children with 
                        disabilities, first with respect to 
                        handicapped children who are not 
                        receiving an education, and second with 
                        respect to children with disabilities, 
                        within each disability, with the most 
                        severe disabilities who are receiving 
                        an inadequate education;
                          [(iii) the participation and 
                        consultation of the parents or guardian 
                        of such children; and
                          [(iv) to the maximum extent 
                        practicable and consistent with the 
                        provisions of section 612(5)(B), the 
                        provision of special services to enable 
                        such children to participate in regular 
                        educational programs;
                  [(D) establish a detailed timetable for 
                accomplishing the goal described in subclause 
                (C); and
                  [(E) provide a description of the kind and 
                number of facilities, personnel, and services 
                necessary to meet the goal described in 
                subclause (C);
          [(2) provide satisfactory assurance that--
                  [(A) the control of funds provided under this 
                part, and title to property derived from such 
                funds, shall 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,
                  [(B) Federal funds expended by local 
                educational agencies and intermediate 
                educational units for programs under this 
                part--
                          [(i) shall be used to pay only the 
                        excess costs directly attributable to 
                        the education of children with 
                        disabilities; and
                          [(ii) shall be used to supplement 
                        and, to the extent practicable, 
                        increase the level of State and local 
                        funds expended for the education of 
                        children with disabilities, and in no 
                        case to supplant such State and local 
                        funds; and
                  [(C) State and local funds will be used in 
                the jurisdiction of the local educational 
                agency or intermediate educational unit to 
                provide services in program areas that, taken 
                as a whole, are at least comparable to services 
                being provided in areas of such jurisdiction 
                that are not receiving funds under this part;
          [(3) provide for--
                  [(A) furnishing such information (which, in 
                the case of reports relating to performance, is 
                in accordance with specific performance 
                criteria related to program objectives), as may 
                be necessary to enable the State educational 
                agency to perform its duties under this part, 
                including information relating to the 
                educational achievement of children with 
                disabilities participating in programs carried 
                out under this part; and
                  [(B) keeping such records, and affording such 
                access to such records, as the State 
                educational agency may find necessary to assure 
                the correctness and verification of such 
                information furnished under subparagraph (A);
          [(4) provide for making the application and all 
        pertinent documents related to such application 
        available to parents, guardians, and other members of 
        the general public, and provide that all evaluations 
        and reports required under clause (3) shall be public 
        information;
          [(5) provide assurances that the local educational 
        agency or intermediate educational unit will establish 
        or revise, whichever is appropriate, an individualized 
        education program for each child with a disability (or, 
        if consistent with State policy and at the discretion 
        of the local educational agency or intermediate 
        educational unit, and with the concurrence of the 
        parents or guardian, an individualized family service 
        plan described in section 677(d) for each child with a 
        disability aged 3 to 5, inclusive) at the beginning of 
        each school year and will then review and, if 
        appropriate revise, its provisions periodically, but 
        not less than annually;
          [(6) provide satisfactory assurance that policies and 
        programs established and administered by the local 
        educational agency or intermediate educational unit 
        shall be consistent with the provisions of paragraph 
        (1) through paragraph (7) of section 612 and section 
        613(a); and
          [(7) provide satisfactory assurance that the local 
        educational agency or intermediate educational unit 
        will establish and maintain procedural safeguards in 
        accordance with the provisions of sections 612(5)(B), 
        612(5)(C), and 615.
    [(b)(1) A State educational agency shall approve any 
application submitted by a local educational agency or an 
intermediate educational unit under subsection (a) if the State 
educational agency determines that such application meets the 
requirements of subsection (a), except that no such application 
may be approved until the State plan submitted by such State 
educational agency under subsection (a) is approved by the 
Secretary under section 613(c). A State educational agency 
shall disapprove any application submitted by a local 
educational agency or an intermediate educational unit under 
subsection (a) if the State educational agency determines that 
such application does not meet the requirements of subsection 
(a).
    [(2)(A) Whenever a State educational agency, after 
reasonable notice and opportunity for a hearing, finds that a 
local educational agency or an intermediate educational unit, 
in the administration of an application approved by the State 
educational agency under paragraph (1), has failed to comply 
with any requirement set forth in such application, the State 
educational agency, after giving appropriate notice to the 
local educational agency or the intermediate educational unit, 
shall--
          [(i) make no further payments to such local 
        educational agency or such intermediate educational 
        unit under section 620 until the State educational 
        agency is satisfied that there is no longer any failure 
        to comply with the requirement involved; or
          [(ii) take such finding into account in its review of 
        any application made by such local educational agency 
        or such intermediate educational unit under subsection 
        (a).
    [(B) The provisions of the last sentence of section 616(a) 
shall apply to any local educational agency or any intermediate 
educational unit receiving any notification from a State 
educational agency under this paragraph.
    [(3) In carrying out its functions under paragraph (1), 
each State educational agency shall consider any decision made 
pursuant to a hearing held under section 615 which is adverse 
to the local educational agency or intermediate educational 
unit involved in such decision.
    [(c)(1) A State educational agency may, for purposes of the 
consideration and approval of applications under this section, 
require local educational agencies to submit a consolidated 
application for payments if such State educational agency 
determines that any individual application submitted by any 
such local educational agency will be disapproved because such 
local educational agency is ineligible to receive payments 
because of the application of section 611(c)(4)(A)(i) or such 
local educational agency would be unable to establish and 
maintain programs of sufficient size and scope to effectively 
meet the educational needs of children and disabilities.
    [(2)(A) In any case in which a consolidated application of 
local educational agencies is approved by a State educational 
agency under paragraph (1), the payments which such local 
educational agencies may receive shall be equal to the sum of 
payments to which each such local educational agency would be 
entitled under section 611(d) if an individual application of 
any such local educational agency had been approved.
    [(B) The State educational agency shall prescribe rules and 
regulations with respect to consolidated applications submitted 
under this subsection which are consistent with the provisions 
of paragraph (1) through paragraph (7) of section 612 and 
section 613(a) and which provide participating local 
educational agencies with joint responsibilities for 
implementing programs receiving payments under this part.
    [(C) In any case in which an intermediate educational unit 
is required pursuant to State law to carry out the provisions 
of this part, the joint responsibilities given to local 
educational agencies under subparagraph (B) shall not apply to 
the administration and disbursement of any payments received by 
such intermediate educational unit. Such responsibilities shall 
be carried out exclusively by such intermediate educational 
unit.
    [(d) Whenever a State educational agency determines that a 
local educational agency--
          [(1) is unable or unwilling to establish and maintain 
        programs of free appropriate public education which 
        meet the requirements established in subsection (a);
          [(2) is unable or unwilling to be consolidated with 
        other local educational agencies in order to establish 
        and maintain such programs; or
          [(3) has one or more children with disabilities who 
        can best be served by a regional or State center 
        designed to meet the needs of such children;
the State educational agency shall use the payments which would 
have been available to such local educational agency to provide 
special education and related services directly to children 
with disabilities residing in the area served by such local 
educational agency. The State educational agency may provide 
such education and services in such manner, and at such 
locations (including regional or State centers), as it 
considers appropriate, except that the manner in which such 
education and services are provided shall be consistent with 
the requirements of this part.
    [(e) Whenever 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 such agency with State and local 
funds otherwise available to such agency, the State educational 
agency may reallocate funds (or such portion of those funds as 
may not be required to provide such education and services) 
made available to such agency, pursuant to section 611(d), to 
such other local educational agencies within the State as are 
not adequately providing special education and related services 
to all children with disabilities residing in the areas served 
by such other local educational agencies.
    [(f) Notwithstanding the provisions of subsection 
(a)(2)(B)(ii), any local educational agency which is required 
to carry out any program for the education of children with 
disabilities pursuant to a State law shall be entitled to 
receive payments under section 611(d) for use in carrying out 
such program, except that such payments may not be used to 
reduce the level of expenditures for such program made by such 
local educational agency from State or local funds below the 
level of such expenditures for the fiscal year prior to the 
fiscal year for which such local educational agency seeks such 
payments.]

SEC. 612. STATE ELIGIBILITY.

    (a) In General.--A State is eligible for assistance under 
this part for any fiscal year if the State demonstrates to the 
satisfaction of 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 aged 3 through 21 who are residing 
                in the State.
                  (B) Applicability.--Subparagraph (A) does not 
                apply with respect to children aged 3 through 5 
                and 18 through 21 in a State to the extent that 
                the application of such subparagraph to such 
                children would be inconsistent with State law 
                or practice, or the order of any court, 
                respecting the provision of public education to 
                children in such age ranges.
          (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 the goal.
          (3) Child find.--
                  (A) In general.--All children with 
                disabilities residing in the State are 
                identified, located, and evaluated, regardless 
                of the severity of the disability of the 
                children.
                  (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(a)(4)(A)(i) 
                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 content requirements 
        of section 677(d)) is developed, reviewed, and revised 
        in accordance with subsections (d) through (i) of 
        section 614.
          (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 a child's 
                disability is such that education in regular 
                classes with the use of special education and 
                related services and supplementary aids and 
                services cannot be achieved satisfactorily.
                  (B) Funding.--
                          (i) In general.--If the State uses a 
                        funding mechanism by which the State 
                        distributes State funds on the basis of 
                        the type of setting in which a child is 
                        served, the funding mechanism does not 
                        result in placements that violate the 
                        requirements of subparagraph (A).
                          (ii) Assurance.--If the State does 
                        not have policies and procedures to 
                        ensure compliance with clause (i), the 
                        State shall provide the Secretary with 
                        an assurance that the State will revise 
                        the funding mechanism used by the State 
                        as soon as feasible to ensure that the 
                        funding mechanism does not result in 
                        such placements.
                  (C) Disproportionality.--
                          (i) In general.--Data are examined by 
                        the State educational agency to 
                        determine if significant racial 
                        disproportionality is occurring in the 
                        identification of children as children 
                        with disabilities (including the 
                        classification of such children 
                        according to a particular impairment 
                        described in section 602(a)(4)) or in 
                        the placement of such children in 
                        particular types of settings.
                          (ii) Review and revision of 
                        policies.--In the case of an occurrence 
                        described in clause (i), the placement 
                        and evaluation policies, procedures, 
                        and practices are reviewed and, if 
                        appropriate, revised, to ensure that 
                        such policies, procedures, and 
                        practices comply with the requirements 
                        of this Act.
          (6) Procedural safeguards.--Children with 
        disabilities and their parents are afforded the 
        procedural safeguards required by section 615 and 615A.
          (7) Evaluation.--Children with disabilities are 
        evaluated in accordance with subsections (a) through 
        (c) of section 614.
          (8) Confidentiality.--Agencies in the State comply 
        with section 617(c), relating to the confidentiality of 
        records and information.
          (9) Transition from part h to preschool programs.--
                  (A) In general.--Children who are 
                participating in early intervention programs 
                under part H and who will participate in 
                preschool programs assisted under this part, 
                are provided an effective transition to such 
                preschool programs.
                  (B) Transition planning.--Local educational 
                agency personnel will participate in transition 
                planning conferences convened by the designated 
                or established lead agency under section 
                678(a)(8)(A)(ii)(II).
                  (C) Individualized education program; 
                individualized family service plan.--By the 
                third birthday of a child who participates in 
                the programs described in subparagraph (A), an 
                individualized education program or, if 
                consistent with section 614(d)(1)(B) or 677(d), 
                an individualized family service plan, has been 
                developed and is being implemented.
          (10) Children in private schools.--
                  (A) Children placed in private schools by 
                their parents.--To the extent consistent with 
                the number and location of children with 
                disabilities in the State who are enrolled by 
                their parents in private elementary and 
                secondary schools, provision is made for the 
                participation of such children in the program 
                assisted or carried out under this part by 
                providing special education and related 
                services for such children.
                  (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 individualized 
                        education programs, at no cost to their 
                        parents, if such children are placed 
                        in, or referred to, such schools or 
                        facilities by the State or a local 
                        educational agency in order to comply 
                        with this part or with any other law 
                        requiring the provision of special 
                        education and related services to all 
                        children with disabilities in the 
                        State.
                          (ii) Standards.--In all cases 
                        described in clause (i), children with 
                        disabilities are placed in, or referred 
                        to, only private schools and facilities 
                        that meet standards that apply to State 
                        and local educational agencies, and 
                        children with disabilities served in 
                        such schools and facilities have all 
                        the rights such children would have if 
                        served by such agencies.
                  (C) Payment for education of children placed 
                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) Limitation on reimbursement for 
                        services.--If, as a result of mediation 
                        described in section 615(e), or as a 
                        result of a decision rendered under the 
                        procedural safeguards of section 615, 
                        the parents of a child with a 
                        disability who previously received 
                        special education and related services 
                        under the authority of a local 
                        educational agency enroll their child 
                        in a private elementary or secondary 
                        school without the consent of, or a 
                        referral by the local educational 
                        agency, any reimbursement for the cost 
                        of that enrollment that the local 
                        educational agency may otherwise be 
                        required to make to the parents may be 
                        reduced or denied--
                                  (I) if, 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 do not provide a 
                                written statement rejecting the 
                                placement proposed by the local 
                                educational agency to provide a 
                                free appropriate public 
                                education to the child; or
                                  (II) upon a judicial finding 
                                of unreasonableness with 
                                respect to actions taken by the 
                                parents.
          (11) SEA responsible for general supervision.--
                  (A) In general.--The State educational agency 
                is responsible for ensuring the following:
                          (i) Requirements.--The requirements 
                        of this part are carried out.
                          (ii) Educational programs.--All 
                        educational programs for children with 
                        disabilities in the State, including 
                        all such programs administered by any 
                        other State or local agency, are under 
                        the general supervision of the persons 
                        in the State educational agency who are 
                        responsible for educational programs 
                        for children with disabilities and meet 
                        educational standards of the State 
                        educational agency.
                  (B) Special rule.--Subparagraph (A) shall not 
                be construed as limiting the obligations of 
                agencies other than educational agencies 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.
          (12) Obligations related to and methods of ensuring 
        services.--
                  (A) Establishing responsibility for 
                services.--The Chief Executive Officer of the 
                State or designee of the Chief Executive 
                Officer shall ensure that an interagency 
                agreement or other mechanism for interagency 
                coordination is in effect between each public 
                agency described in subparagraph (B) and the 
                appropriate educational agency within the 
                State, in order to ensure that all services 
                described in subparagraph (B)(i) that are 
                needed to ensure a free appropriate public 
                education are provided, including the provision 
                of such services during the pendency of any 
                dispute under clause (iii). Such agreement or 
                mechanism shall include the following:
                          (i) Agency financial 
                        responsibility.--An identification of, 
                        or a method for defining, the financial 
                        responsibility of each agency for 
                        providing all 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 or 
                        private insurers of children with 
                        disabilities (if the filing of claims 
                        with such insurers is voluntary on the 
                        part of the parents) shall precede the 
                        financial responsibility of the local 
                        educational agency (or the State agency 
                        responsible for developing the child's 
                        IEP).
                          (ii) Conditions, terms, and 
                        procedures 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 
                        delivery of services described in 
                        subparagraph (A)(i).
                  (B) Obligation of public agency.--
                          (i) In general.--If any public agency 
                        other than an educational agency is 
                        otherwise obligated under Federal or 
                        State law, or assigned responsibility 
                        under State policy or under 
                        subparagraph (A), to provide or pay for 
                        any services that are also considered 
                        as special education or related 
                        services (such as, but not limited to, 
                        services described in sections 
                        602(a)(1) relating to assistive 
                        technology devices, 602(a)(2) relating 
                        to assistive technology services, 
                        602(a)(24) relating to related 
                        services, 602(a)(31) relating to 
                        supplementary aids and services, and 
                        section 602(a)(33) relating to 
                        transition services) that are necessary 
                        for ensuring a free appropriate public 
                        education to children with disabilities 
                        within the State, such public agency 
                        shall fulfill that obligation or 
                        responsibility, either directly or 
                        through contract or other arrangement.
                          (ii) Reimbursement for services by 
                        public agency.--In a case in which a 
                        public agency other than an educational 
                        agency fails to fulfill the agency's 
                        financial responsibility described in 
                        subparagraph (A)(i) to provide or pay 
                        for the special education or related 
                        services described in clause (i) for 
                        children with disabilities and the 
                        local educational agency (or State 
                        agency responsible for developing the 
                        child's IEP) provides or pays for such 
                        services to such children, the local 
                        educational agency (or State agency 
                        responsible for developing the child's 
                        IEP) may claim reimbursement from such 
                        public agency for such services. Such 
                        public agency shall reimburse the local 
                        educational agency (or State agency 
                        responsible for developing the child's 
                        IEP) pursuant to the terms of the 
                        interagency agreement or other 
                        mechanism in effect under subparagraph 
                        (A)(i) according to the procedures 
                        established pursuant to subparagraph 
                        (A)(ii).
                  (C) Special rule.--The requirements of 
                subparagraph (A) may be met through--
                          (i) State statute or regulation;
                          (ii) signed agreements between 
                        respective agency officials that 
                        clearly identify the responsibilities 
                        of each agency relating to the 
                        provision of services; or
                          (iii) other appropriate methods as 
                        determined by the Chief Executive 
                        Officer of the State or designee of the 
                        Chief Executive Officer.
          (13) 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 the 
        local educational agency reasonable notice and an 
        opportunity for a hearing.
          (14) Comprehensive system of personnel development.--
        The State has in effect, consistent with the purposes 
        of this Act and with section 676(b)(8), a comprehensive 
        system of personnel development that is designed to 
        ensure an adequate supply of qualified special 
        education and related services personnel necessary to 
        carry out this part and that includes the following:
                  (A) Statewide data.--Statewide data that 
                include the number of personnel providing 
                special education and related services, and of 
                that number, the number of individuals with 
                temporary certification, and the number of 
                vacancies.
                  (B) Personnel development plan.--A personnel 
                development plan that meets the following 
                requirements:
                          (i) Consultations.--The plan is 
                        developed in consultation with parents 
                        of children with disabilities, State 
                        and local educational agencies, 
                        institutions of higher education, and 
                        professional associations.
                          (ii) Personnel.--The plan addresses 
                        or includes the following:
                                  (I) Personnel needs.--The 
                                current and projected needs for 
                                special education and related 
                                services personnel throughout 
                                the State.
                                  (II) Service preparation of 
                                personnel.--The plan addresses 
                                the need for the preservice and 
                                inservice preparation of 
                                personnel throughout the State, 
                                including regular education, 
                                special education, and related 
                                services personnel, to provide 
                                educational and related 
                                services to children with 
                                disabilities.
                                  (III) Recruitment.--The plan 
                                includes a system or procedures 
                                for recruiting, preparing, and 
                                retaining qualified personnel, 
                                including personnel with 
                                disabilities and personnel from 
                                groups that are 
                                underrepresented in the field 
                                of special education and 
                                related services.
                                  (IV) Integration with other 
                                plans.--The plan is integrated, 
                                to the maximum extent possible, 
                                with other professional 
                                development plans and 
                                activities, including plans and 
                                activities developed or carried 
                                out under other Federal law and 
                                State law that address 
                                personnel recruitment and 
                                training.
                          (iii) Revision.--The plan is revised 
                        every 3 years.
          (15) Personnel standards.--The State educational 
        agency has established policies and procedures relating 
        to the establishment and maintenance of standards to 
        ensure that personnel necessary to carry out the 
        purposes of this part are appropriately and adequately 
        prepared and trained, including the following:
                  (A) Standards.--The establishment and 
                maintenance of standards that are consistent 
                with any State approved or recognized 
                certification, licensing, registration, or 
                other comparable requirements that apply to the 
                area in which such personnel are providing 
                special education or related services.
                  (B) Retraining and hiring.--To the extent 
                such standards described in subparagraph (A) 
                are not based on the highest requirements in 
                the State applicable to a specific profession 
                or discipline, the State is carrying out 
                measures to require the retraining or hiring of 
                personnel that meet appropriate professional 
                requirements in the State.
                  (C) Use of paraprofessionals.--Nothing in 
                this Act, including subparagraphs (A) and (B), 
                prohibits the use of paraprofessionals who are 
                appropriately trained and supervised by 
                qualified personnel (in accordance with State 
                law, regulations, or written policy), in 
                meeting the requirements of this part.
          (16) Performance goals and indicators.--
                  (A) Goals.--The State has established goals 
                for the performance of children with 
                disabilities in the State that are consistent 
                with the purposes of section 601(c)(1) and that 
                are consistent, to the maximum extent 
                appropriate, with other goals and standards 
                established by the State.
                  (B) Performance indicators.--The State has 
                established performance indicators that the 
                State will use to assess the progress toward 
                achieving the goals described in subparagraph 
                (A) and that, at a minimum, address the 
                performance of children with disabilities on 
                assessments and the dropout rates and 
                graduation rates of such children.
                  (C) Report.--The State will report every 2 
                years 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).
          (17) Participation in assessments.--
                  (A) Assessments.--
                          (i) State and districtwide 
                        assessments.--Children with 
                        disabilities are included in general 
                        State and districtwide assessment 
                        programs, with appropriate 
                        accommodations, where necessary.
                          (ii) Alternate assessments.--The 
                        State educational agency or local 
                        educational agency, as appropriate, 
                        will develop guidelines for the 
                        participation of children with 
                        disabilities in alternate assessments 
                        for such children who cannot 
                        participate in State and districtwide 
                        assessment programs and as soon as 
                        feasible, but not later than July 1, 
                        1999, will conduct such alternate 
                        assessments.
                  (B) Public information.--The State 
                educational agency shall, as soon as feasible, 
                but not later than July 1, 2000, make reports 
                to the public, with the same frequency and in 
                the same detail as the State makes reports on 
                the assessment of nondisabled children, on the 
                following information with respect to children 
                with disabilities:
                          (i) Regular assessments.--The number 
                        of children with disabilities 
                        participating in regular assessments.
                          (ii) Alternate assessments.--The 
                        number of such children participating 
                        in alternate assessments.
                          (iii) Performance.--The performance 
                        of children with disabilities on 
                        regular assessments and on alternate 
                        assessments when doing so meets 
                        generally accepted professional 
                        standards and would not result in the 
                        disclosure of performance results 
                        identifiable to individual children.
          (18) Use of funds.--
                  (A) In general.--
                          (i) Expenditures.--Funds paid to the 
                        State under this part will be expended 
                        in accordance with all provisions of 
                        this part.
                          (ii) Noncommingling.--The funds 
                        described in clause (i) will not be 
                        commingled with State funds.
                          (iii) Supplement--not supplant.--
                        Except as provided in subparagraph (B), 
                        the funds described in clause (i) will 
                        be used to supplement State, local, and 
                        other Federal funds (including funds 
                        not under the direct control of State 
                        or local educational agencies) expended 
                        for special education and related 
                        services, and not to supplant such 
                        funds.
                  (B) Waiver.--The Secretary may waive, in 
                part, the requirements of clause (iii) of 
                subparagraph (A) if the Secretary determines 
                that the State has provided clear and 
                convincing evidence that all children with 
                disabilities in the State have available a free 
                appropriate public education.
          (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), 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. In a case in which policies and 
        procedures have been developed by a State educational 
        agency or through a State legislative hearing and 
        comment process that provides an opportunity for 
        comment by the general public prior to the adoption of 
        any policies and procedures by the State, no further 
        public review or public comment period is required.
          (20) State advisory panel.--
                  (A) In general.--The State has an advisory 
                panel, 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 the following:
                          (i) Parents of children with 
                        disabilities.
                          (ii) Individuals with disabilities.
                          (iii) Teachers.
                          (iv) Representatives of institutions 
                        of higher education that prepare 
                        special education and related services 
                        personnel.
                          (v) State and local education 
                        officials.
                          (vi) Administrators of programs for 
                        children with disabilities.
                          (vii) Representatives of other State 
                        agencies involved in the financing or 
                        delivery of related services to 
                        children with disabilities.
                          (viii) At least one representative of 
                        a vocational, community, or business 
                        organization concerned with the 
                        provision of transition services to 
                        children with disabilities.
                          (ix) Any other individual, as 
                        determined by the State educational 
                        agency.
                  (B) Duties.--The advisory panel shall carry 
                out the following duties:
                          (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 following:
                                (I) The education of children 
                                with disabilities.
                                (II) The procedures for 
                                distribution of funds received 
                                by the State under this part.
                          (iii) Advise the State educational 
                        agency with respect to developing 
                        evaluations and reporting on data to 
                        the Secretary under section 618.
                          (iv) Advise the State educational 
                        agency with respect to developing 
                        corrective action plans to address 
                        findings identified in Federal 
                        monitoring reports under this part.
                          (v) Advise the State educational 
                        agency with respect to developing and 
                        implementing policies relating to the 
                        coordination of services for children 
                        with disabilities.
                  (C) Consolidation of panels.--Any State panel 
                that meets the requirement of section 306 of 
                the Goals 2000: Educate America Act (20 U.S.C. 
                5886), or any committee of practitioners 
                created under section 1603(b) of the Elementary 
                and Secondary Education Act of 1965 (20 U.S.C. 
                6513(b)), may also serve as the State advisory 
                panel under this part if such State panel or 
                committee meets the requirements of this part.
    (b) State Educational Agency as Provider of Services.--If a 
State educational agency provides free appropriate public 
education to children with disabilities, or provides such 
children direct services, the State educational agency--
          (1) shall comply with any additional requirements of 
        section 613(a) as if the State educational agency were 
        a local educational agency; and
          (2) may use funds that are otherwise available to the 
        State educational agency under this part to serve such 
        children without regard to section 613(a)(3)(B) 
        relating to excess costs.
    (c) Submission of Eligibility Information.--
          (1) Submission of information.--Except as provided in 
        paragraph (2), a State that wishes to establish its 
        eligibility under this section shall submit to the 
        Secretary such information as the Secretary may 
        reasonably require.
          (2) Existing information on policies and 
        procedures.--If a State has on file with the Secretary 
        policies and procedures that demonstrate that the State 
        meets any requirement of this section, including any 
        policies and procedures filed under this part as in 
        effect prior to the date of enactment of the 
        Individuals with Disabilities Education Act Amendments 
        of 1996, the Secretary shall consider the State as 
        meeting that requirement.
          (3) Modifications of policies and procedures.--The 
        Secretary may require a State to submit additional 
        eligibility information if the State modifies the 
        policies and procedures that the State has filed with 
        the Secretary consistent with paragraphs (1) and (2).
    (d) Secretarial Approval.--
          (1) In general.--If the Secretary determines that a 
        State is eligible under this section, the Secretary 
        shall notify the State of the determination.
          (2) Limitations.--The Secretary shall make a final 
        determination that a State is not eligible under this 
        section only after providing the State--
                  (A) reasonable notice; and
                  (B) an opportunity for a hearing.
    (e) Assistance Under Other Federal Programs.--Nothing in 
this Act shall be construed to permit a State to reduce medical 
and other assistance available, or to alter eligibility, under 
titles V and XIX of the Social Security Act with respect to the 
provision of a free appropriate public education for children 
with disabilities within the State.
    (f) Bypass 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 participation in special programs of 
        children with disabilities enrolled in private 
        elementary and secondary schools as required by 
        subsection (a)(10)(A), the Secretary shall waive such 
        requirement, and shall arrange for the provision of 
        services to such children through arrangements that 
        shall be subject to the requirements of subsection 
        (a)(10)(A).
          (2) Funding.--
                  (A) In general.--When 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 an amount per child that does not 
                exceed the amount determined by dividing--
                          (i) the total amount received by the 
                        State under this part; by
                          (ii) the number of children with 
                        disabilities served by the State in the 
                        preceding year as reported to the 
                        Secretary under section 618.
                  (B) Withholding of funds.--Pending final 
                resolution of any investigation or complaint 
                that could result in a determination under this 
                subsection that the State is prohibited from 
                complying with subsection (a)(10)(A) by State 
                law, the Secretary may withhold from the 
                allocation of the affected State educational 
                agency the amount the Secretary estimates would 
                be necessary to pay the cost of such services.
                  (C) Determinations by the secretary.--Any 
                determination by the Secretary under this 
                subsection shall continue in effect 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) Final action.--
                  (A) Objections.--The Secretary may 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) Petition for review.--If a State 
                educational agency is dissatisfied with the 
                Secretary's final action after a proceeding 
                under subparagraph (A), the State educational 
                agency may, within 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) Findings.--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. 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) Court's action.--Upon the filing of a 
                petition under subparagraph (B), 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.
          * * * * * * *

SEC. 613. LOCAL EDUCATIONAL AGENCY AND STATE AGENCY ELIGIBILITY.

    (a) In General.--A local educational agency is eligible for 
assistance under this part for any fiscal year if the local 
educational agency demonstrates to the satisfaction of 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 the jurisdiction of 
        the local educational agency, has in effect policies, 
        procedures, and programs that are consistent with the 
        State policies and procedures established under section 
        612 with respect to the following:
                  (A) The availability of a free appropriate 
                public education under section 612(a)(1).
                  (B) The goal of providing full educational 
                opportunity to all children with disabilities 
                under section 612(a)(2).
                  (C) The identification, location, and 
                evaluation of children with disabilities under 
                section 612(a)(3).
                  (D) Individualized education programs under 
                section 612(a)(4).
                  (E) Education of children in the least 
                restrictive environment under section 
                612(a)(5).
                  (F) Procedural safeguards under section 
                612(a)(6).
                  (G) Evaluation under section 612(a)(7).
                  (H) Confidentiality under section 612(a)(8).
                  (I) Transition of children from early 
                intervention programs under part H to preschool 
                programs under section 612(a)(9).
                  (J) Children in private schools under section 
                612(a)(10).
          (2) Comprehensive system of personnel development.--
        The local educational agency, to the extent 
        appropriate, contributes to and uses the State's 
        comprehensive system of personnel development 
        established under section 612(a)(14).
          (3) Use of funds.--Funds provided to the local 
        educational agency under this part will be expended or 
        used in the following manner:
                  (A) Expenditures.--Funds will be expended in 
                accordance with the applicable provisions of 
                this part.
                  (B) Excess costs.--Funds will be used only to 
                pay the excess costs of providing special 
                education and related services to children with 
                disabilities.
                  (C) Supplement--not supplant.--Funds will be 
                used to supplement State, local, and other 
                Federal funds and not to supplant such funds.
                  (D) Level of expenditures.--Except as 
                provided in subparagraph (E), funds will not be 
                used to reduce the level of expenditures for 
                the education of children with disabilities 
                made by the local educational agency from State 
                or local funds below the level of such 
                expenditures for the preceding fiscal year.
                  (E) Exception.--Notwithstanding the 
                limitation in subparagraph (D), a local 
                educational agency may reduce the level of 
                expenditures for the education of children with 
                disabilities if such reduction is the result 
                of--
                          (i) the voluntary departure, by 
                        retirement or otherwise, of special 
                        education personnel who are paid at or 
                        near the top of the agency's salary 
                        scale;
                          (ii) decreases in enrollment of 
                        children with disabilities;
                          (iii) the end of the agency's 
                        obligation, consistent with this part, 
                        to provide an exceptionally costly 
                        program of special education to a 
                        particular child with a disability 
                        because the child--
                                  (I) has left the agency's 
                                jurisdiction;
                                  (II) has reached the age at 
                                which the agency's obligation 
                                to provide a free appropriate 
                                public education to the child 
                                terminates; or
                                  (III) no longer needs the 
                                program; or
                          (iv) the termination of unusually 
                        large expenditures for such long-term 
                        purposes as the acquisition of 
                        equipment and the construction of 
                        school facilities.
          (4) Permissive use of funds.--Notwithstanding 
        paragraph (3)(B) or section 612(a)(18)(A)(ii) (relating 
        to commingled funds), funds provided to the local 
        educational agency under this part may be used for the 
        following activities:
                  (A) Services and aids that also benefit 
                nondisabled children.--For the costs of special 
                education and related services and 
                supplementary aids and services provided in a 
                regular class to a child with a disability in 
                accordance with the individualized education 
                program of the child, even if one or more 
                nondisabled children benefit from such 
                services.
                  (B) Services and aids that also benefit other 
                disabled children.--For the costs of special 
                education and related services and 
                supplementary aids and services provided to a 
                child with a disability in accordance with the 
                individualized education program of the child, 
                even if one or more children with disabilities 
                who are protected by section 504 of the 
                Rehabilitation Act of 1973 and title II of the 
                Americans with Disabilities Act of 1990 benefit 
                from such services.
                  (C) Integrated and coordinated services 
                system.--To develop and implement a fully 
                integrated and coordinated services system in 
                accordance with subsection (f).
                  (D) School-based improvement plan.--To 
                design, implement, and evaluate a school-based 
                improvement plan (in accordance with subsection 
                (g)) that is consistent with the purposes 
                described in part C and that is designed to 
                improve educational and transitional results 
                for all children with disabilities and, as 
                appropriate, other children consistent with 
                subparagraphs (A) and (B).
    (b) Submission of Information; Prior Local Educational 
Agency Applications.--
          (1) Submission of information.--Except as provided in 
        paragraph (2), a local educational agency that desires 
        to establish its eligibility under this section shall 
        submit to the State educational agency information 
        demonstrating that the local educational agency meets 
        the requirements of subsection (a).
          (2) Existing information on policies and 
        procedures.--If a local educational agency has on file 
        with the State educational agency policies and 
        procedures that meet any requirement of this section, 
        including any policies, procedures, or applications 
        filed under this part as in effect before the date of 
        enactment of the Individuals with Disabilities 
        Education Act Amendments of 1996, the State educational 
        agency may consider the local educational agency as 
        meeting such requirement.
          (3) Modifications of policies and procedures.--The 
        State educational agency may require a local 
        educational agency to submit additional eligibility 
        information if the local educational agency modifies 
        the policies and procedures that the local educational 
        agency has filed with the State educational agency 
        consistent with paragraphs (1) and (2).
    (c) State Educational Agency Approval.--
          (1) Determination.--
                  (A) In general.--If the State educational 
                agency determines that a local educational 
                agency or State agency under subsection (i) is 
                eligible under this section, the State 
                educational agency shall notify the agency of 
                the determination.
                  (B) Limitation on state notification.--A 
                State educational agency may not give the 
                notice to an agency described under 
                subparagraph (A) until the Secretary has 
                notified the State educational agency that the 
                State is eligible under section 612.
          (2) Limitation on final determination.--The State 
        educational agency may not make a final determination 
        that a local educational agency or State agency under 
        subsection (i) is not eligible under this section until 
        after providing the local educational or State agency--
                  (A) reasonable notice; and
                  (B) an opportunity for a hearing.
    (d) Local Educational Agency and State 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 described in subsection (i) that has been found 
        eligible under this section is not in compliance with 
        any of the eligibility requirements described in 
        subsection (a), the State educational agency shall make 
        no further payments to the local educational agency or 
        State agency under section 620 until the State 
        educational agency has determined that the agency is 
        complying with the eligibility requirements described 
        in subsection (a).
          (2) Notification of pendency of action.--Section 
        616(a) with respect to notification of a pending action 
        shall apply to any agency that receives a notice from 
        the State educational agency under this subsection.
          (3) Adverse decisions.--In carrying out its 
        responsibilities under paragraph (1), the State 
        educational agency shall consider any decision made in 
        a hearing held under section 615 that is adverse to the 
        local educational agency or State agency involved in 
        that decision.
    (e) Joint Establishment of Eligibility.--
          (1) In general.--A local educational agency may join 
        with another local educational agency to meet the 
        eligibility requirements of this section if the State 
        educational agency determines that the local 
        educational agency would be ineligible under this 
        section because the local educational agency--
                  (A) would not be able to establish and 
                maintain programs of sufficient size and scope 
                to effectively meet the needs of children with 
                disabilities; or
                  (B) does not qualify for the minimum grant 
                under section 611(d)(3)(A), if the State elects 
                to use its authority under such section.
          (2) Requirements.--
                  (A) Funding.--If a local educational agency 
                joins with another local educational agency to 
                meet the eligibility requirements under 
                paragraph (1), the total amount of funds made 
                available to the affected local educational 
                agencies shall equal the sum of the payments 
                that each such local educational agency would 
                have received under section 611(c) if such 
                local agencies were eligible for such payments.
                  (B) Policies and procedures and 
                administration of programs.--Local educational 
                agencies that establish joint eligibility under 
                this subsection shall--
                          (i) adopt policies and procedures 
                        that are consistent with the State's 
                        policies and procedures under section 
                        612(a); and
                          (ii) be jointly responsible for 
                        implementing programs receiving 
                        assistance under this part.
                  (C) Educational service agency.--
                          (i) In general.--If an educational 
                        service agency is required by State law 
                        to carry out this part, the joint 
                        responsibilities given to local 
                        educational agencies under subparagraph 
                        (B)(ii) shall--
                                  (I) not apply to the 
                                administration and disbursement 
                                of any payments received by 
                                that service agency; and
                                  (II) be carried out only by 
                                that service agency.
                          (ii) Special rule.--Nothing in this 
                        subsection relieves an educational 
                        service agency of its responsibility to 
                        provide for the education of children 
                        with disabilities in the least 
                        restrictive environment, as required by 
                        section 612(a)(5) and subsection 
                        (a)(1)(E).
    (f) Coordinated Services System.--
          (1) In general.--A local educational agency may use 
        not more than 5 percent of the amount the agency 
        receives under this part for any fiscal year, in 
        combination with other funds (which shall include funds 
        other than education funds), to develop and implement a 
        fully integrated and coordinated service system that 
        links education, health, social welfare services, 
        support systems, private entities, and other community 
        entities in a manner designed to improve educational 
        and transitional results for all children and their 
        families, including all children with disabilities and 
        their families.
          (2) Permissible Activities.--Activities that a local 
        educational agency may carry out under this subsection 
        include--
                  (A) improving the effectiveness and 
                efficiency of service delivery, including 
                developing strategies that promote 
                accountability for the educational and 
                transitional results;
                  (B) service coordination and case management 
                that facilitate the linkage of individualized 
                education programs under this part and 
                individualized family service plans under part 
                H with individualized service plans under other 
                Federal and State programs, such as title I of 
                the Rehabilitation Act of 1973 (vocational 
                rehabilitation), title XIX of the Social 
                Security Act (Medicaid), and title XVI of the 
                Social Security Act (Supplemental Security 
                Income);
                  (C) developing and implementing interagency 
                financing strategies for the provision of 
                education, health, mental health, and social 
                services, including transition services and 
                related services under this Act; and
                  (D) interagency personnel development for the 
                persons involved in the delivery of coordinated 
                services.
          (3) Limitation on use of funds.--If a local 
        educational agency is carrying out a coordinated 
        services project under title XI of the Elementary and 
        Secondary Education Act of 1965 and a coordinated 
        services project under this part in the same schools, 
        the local educational agency shall use funds under this 
        subsection in accordance with that title.
    (g) School-Based Improvement Plan.--
          (1) In general.--Each local educational agency may, 
        in accordance with paragraph (2), use funds made 
        available under this part to permit a public school 
        within the jurisdiction of the local educational agency 
        to design, implement, and evaluate a school-based 
        improvement plan that is consistent with the purposes 
        described in part C and that is designed to improve 
        educational and transitional results for all children 
        with disabilities and, as appropriate, for other 
        children consistent with subsection (a)(4) (A) and (B) 
        in such public school.
          (2) Authority.--
                  (A) In general.--A State educational agency 
                may grant authority to a local educational 
                agency to permit a public school described in 
                paragraph (1) (through a school-based standing 
                panel established under paragraph (4)(B)) to 
                design, implement, and evaluate a school-based 
                improvement plan described in paragraph (1) for 
                a period not to exceed 3 years.
                  (B) Responsibility of local educational 
                agency.--If a State educational agency grants 
                the authority described in subparagraph (A), a 
                local educational agency that is granted such 
                authority shall have the sole responsibility of 
                oversight of all activities relating to the 
                design, implementation, and evaluation of any 
                school-based improvement plan that a public 
                school is permitted to design under this 
                subsection.
          (3) Plan requirements.--A school-based improvement 
        plan described in paragraph (1) shall--
                  (A) be designed to be consistent with the 
                purposes described in part C and to improve 
                educational and transitional results for all 
                children with disabilities and, as appropriate, 
                for other children consistent with subsection 
                (a)(4) (A) and (B), who attend the school for 
                which the plan is designed and implemented;
                  (B) be designed, evaluated, and, as 
                appropriate, implemented by a school-based 
                standing panel established in accordance with 
                paragraph (4)(B);
                  (C) include goals and measurable indicators 
                to assess the progress of the public school in 
                meeting such goals; and
                  (D) ensure that all children with 
                disabilities receive the same level of services 
                described in the individualized education 
                programs of such children.
          (4) Responsibilities of the local educational 
        agency.--A local educational agency that is granted 
        authority under paragraph (2) to permit a public school 
        to design, implement, and evaluate a school-based 
        improvement plan shall--
                  (A) select each school under the jurisdiction 
                of such agency that is eligible to design, 
                implement, and evaluate such a plan;
                  (B) require each school selected under 
                subparagraph (A), in accordance with criteria 
                established by such local educational agency 
                under subparagraph (C), to establish a school-
                based standing panel to carry out the duties 
                described in paragraph (3)(B);
                  (C) establish--
                          (i) criteria that shall be used by 
                        such local educational agency in the 
                        selection of an eligible school under 
                        subparagraph (A);
                          (ii) criteria that shall be used by a 
                        public school selected under 
                        subparagraph (A) in the establishment 
                        of a school-based standing panel to 
                        carry out the duties described in 
                        paragraph (3)(B) and that shall ensure 
                        that the membership of such panel 
                        reflects the diversity of the community 
                        in which the public school is located 
                        and includes, at a minimum--
                                  (I) parents of children with 
                                disabilities who attend such 
                                public school, including 
                                parents of children with 
                                disabilities from unserved and 
                                underserved populations, as 
                                appropriate;
                                  (II) special education and 
                                general education teachers of 
                                such public school;
                                  (III) special education and 
                                general education 
                                administrators, or the designee 
                                of such administrators, of such 
                                public school; and
                                  (IV) related services 
                                providers who are responsible 
                                for providing services to the 
                                children with disabilities who 
                                attend such public school; and
                          (iii) criteria that shall be used by 
                        such local educational agency with 
                        respect to the distribution of funds 
                        under this part to carry out this 
                        subsection;
                  (D) disseminate the criteria established 
                under subparagraph (C) to local school district 
                personnel and local parent organizations within 
                the jurisdiction of such local educational 
                agency;
                  (E) require a public school that desires to 
                design, implement, and evaluate a school-based 
                improvement plan to submit an application at 
                such time, in such manner, and accompanied by 
                such information as such local educational 
                agency shall reasonably require; and
                  (F) establish procedures for approval by such 
                local educational agency of a school-based 
                improvement plan designed under this 
                subsection.
          (5) Limitation.--A school-based improvement plan 
        described in paragraph (1) may be submitted to a local 
        educational agency for approval only if a consensus 
        with respect to any matter relating to the design, 
        implementation, or evaluation of the goals of such plan 
        is reached by the school-based standing panel that 
        designed such plan.
          (6) Additional requirements.--
                  (A) Parental involvement.--In carrying out 
                the requirements of this subsection, a local 
                educational agency shall ensure that the 
                parents of children with disabilities are 
                involved in the design, evaluation, and, where 
                appropriate, implementation of school-based 
                improvement plans in accordance with this 
                subsection.
                  (B) Plan approval.--A local educational 
                agency may approve a school-based improvement 
                plan of a public school within the jurisdiction 
                of such agency for a period of 3 years, if--
                          (i) the approval is consistent with 
                        the policies, procedures, and practices 
                        established by such local educational 
                        agency and in accordance with this 
                        subsection; and
                          (ii) a majority of parents of 
                        children who are members of the school-
                        based standing panel, and a majority of 
                        other members of the school-based 
                        standing panel, that designed such plan 
                        agree in writing to such plan.
          (7) Extension of plan.--If a public school within the 
        jurisdiction of a local educational agency meets the 
        applicable requirements and criteria described in 
        paragraphs (3) and (4) at the expiration of the 3-year 
        approval period described in paragraph (6)(B), such 
        agency may approve a school-based improvement plan of 
        such school for an additional 3-year period.
    (h) Direct Services by the State Educational Agency.--
          (1) In general.--A State educational agency shall use 
        the payments that would otherwise have been available 
        to a local educational agency or to a State agency 
        described in subsection (i) to provide special 
        education and related services directly to children 
        with disabilities residing in the area served by that 
        local agency, or for whom that State agency is 
        responsible, if the State educational agency determines 
        that--
                  (A) the local educational agency or the State 
                agency--
                          (i) has not provided the information 
                        needed to establish the eligibility of 
                        the local educational agency or the 
                        State agency under this section; or
                          (ii) is unable or unwilling to 
                        establish and maintain programs of free 
                        appropriate public education that meet 
                        the requirements of subsection (a); or
                  (B) the local educational agency--
                          (i) is unable or unwilling to be 
                        consolidated with other local 
                        educational agencies in order to 
                        establish and maintain such programs; 
                        or
                          (ii) has one or more children with 
                        disabilities who can best be served by 
                        a regional or State program or service 
                        delivery system designed to meet the 
                        needs of such children.
          (2) Method of provision of 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 educational agency considers appropriate, 
        so long as the education and services are provided in 
        accordance with this part.
    (i) State Agency Eligibility.--Any State agency that 
received funds for fiscal year 1994 under subpart 2 of part D 
of chapter 1 of title I of the Elementary and Secondary 
Education Act of 1965 (as such subpart was in effect on the day 
preceding the date of enactment of the Improving America's 
Schools Act of 1994) and desires to receive a subgrant for any 
fiscal year under section 611(c) or 619(g) shall demonstrate to 
the satisfaction of the State educational agency that--
          (1) all children with disabilities who are 
        participating in programs and projects funded under 
        this part receive a free appropriate public education, 
        and that the children and their parents are provided 
        all the rights and procedural safeguards described in 
        this part; and
          (2) the State agency meets such other conditions of 
        this section as the Secretary finds appropriate.

SEC. 614. EVALUATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND 
                    EDUCATIONAL PLACEMENTS.

    (a) In General.--
          (1) Initial evaluations.--
                  (A) In general.--A local educational agency 
                shall conduct a comprehensive initial 
                evaluation, in accordance with this paragraph 
                and subsections (b) and (c), before the initial 
                provision of special education and related 
                services to a child with a disability.
                  (B) Procedures.--An initial evaluation shall 
                include procedures to--
                          (i) determine whether a child is a 
                        child with a disability as defined in 
                        section 602(a)(4); and
                          (ii) determine the educational needs 
                        of the child.
                  (C) Parental consent.--
                          (i) In general.--A local educational 
                        agency proposing to conduct an initial 
                        evaluation to determine if a child 
                        qualifies as a child with a disability 
                        as defined in section 602(a)(4) shall, 
                        prior to such evaluation, obtain 
                        informed consent from the parents of 
                        the child.
                          (ii) Refusal.--If the parents of such 
                        child refuse to consent to an 
                        evaluation described in clause (i), a 
                        local educational agency may, but shall 
                        not be required to, continue to pursue 
                        the evaluation through the mediation 
                        procedures under section 615(e) and due 
                        process procedures under section 
                        615(f).
          (2) Reevaluations.--
                  (A) In general.--A local educational agency 
                shall ensure that a reevaluation of each child 
                with a disability is conducted--
                          (i) whenever the child's parents or 
                        teacher, other school personnel, or 
                        other appropriate individuals, request 
                        the reevaluation; or
                          (ii) at a natural transition point 
                        for the child.
                  (B) Definition.--For the purpose of 
                subparagraph (A), the term `natural transition 
                point' means the period that is close in time 
                to the transition of a child with a 
                disability--
                          (i) from preschool to elementary 
                        grades;
                          (ii) from elementary grades to middle 
                        or junior high school grades (except 
                        that for a transition that will not 
                        occur for a period of 5 years or more, 
                        the natural transition point shall be 
                        at least every 3 years);
                          (iii) from middle or junior high 
                        school grades to high school grades; 
                        and
                          (iv) from high school grades to 
                        postschool activities.
                  (C) Conduct of reevaluation.--Each 
                reevaluation shall be conducted in accordance 
                with subsections (b) and (c).
    (b) Evaluation Procedures.--
          (1) In general.--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 the local educational agency 
        proposes to conduct.
          (2) Method of evaluation.--In conducting the 
        evaluation, the local educational agency shall--
                  (A) use--
                          (i) a variety of assessment tools and 
                        strategies to gather relevant 
                        functional and developmental 
                        information (including evaluations and 
                        information provided by the child's 
                        parents) that may assist in determining 
                        whether the child is a child with a 
                        disability; and
                          (ii) the content of the 
                        individualized education program of the 
                        child, including information related to 
                        enabling the child to participate and 
                        achieve in the general education 
                        curriculum or, for a child who is in 
                        preschool, in developmentally 
                        appropriate activities; and
                  (B) not use any single procedure as the sole 
                criterion for determining--
                          (i) whether a child is a child with a 
                        disability; or
                          (ii) an appropriate educational 
                        program for the child.
          (3) Evaluation tests and materials.--Each local 
        educational agency shall ensure that--
                  (A) tests and other evaluation materials used 
                to assess a child under this section are--
                          (i) selected and administered so as 
                        not to be racially or culturally 
                        discriminatory;
                          (ii) provided and administered in the 
                        native language of the child or other 
                        mode of communication unless it is 
                        clearly not feasible to do so; and
                          (iii) consistent with generally 
                        accepted professional standards for 
                        assessments; and
                  (B) any standardized tests that are given to 
                the child--
                          (i) have been validated for the 
                        specific purpose for which the tests 
                        are used;
                          (ii) are administered by trained 
                        personnel; and
                          (iii) are administered in accordance 
                        with any instructions provided by the 
                        producer of the tests.
          (4) Special rule on tests.--Tests shall provide 
        relevant information that directly assists persons 
        involved in providing services to a child with a 
        disability in determining the educational needs of the 
        child, including information with respect to 
        instructional strategies and content that should be 
        reflected in the individualized education program of 
        such child.
    (c) Additional Requirements for Evaluations 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 following 
        tasks shall be carried out:
                  (A) A review of existing evaluation data on 
                the child, including evaluations and 
                information provided by the parents of the 
                child, and current classroom-based assessments 
                and observation.
                  (B) On the basis of the review, the 
                professional judgment of appropriate 
                individuals, and the input from the parents of 
                the child, an identification of what additional 
                data, if any, are needed to determine--
                          (i) whether the child has a 
                        particular category of disability, as 
                        described in section 602(a)(4)(A)(i), 
                        or, in the 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 objectives set out in the 
                        individualized education program of the 
                        child and to participate, as 
                        appropriate, in the general education 
                        curriculum.
          (2) Source of data.--The local educational agency 
        shall administer such tests and other evaluation 
        materials as may be needed to produce the data 
        identified under paragraph (1)(B).
          (3) Additional data.--If it is determined by 
        appropriate individuals based on their professional 
        judgment that no additional data are needed to 
        determine a factor described in clause (i), (ii), 
        (iii), or (iv) of paragraph (1)(B), the local 
        educational agency--
                  (A) shall notify the parents of the child 
                of--
                          (i) the results of the determination 
                        of the individuals and the reasons for 
                        the determination; and
                          (ii) the right of the parents to 
                        request that additional data be 
                        obtained for use in making a 
                        determination with respect to a factor; 
                        and
                  (B) is not required to obtain the additional 
                data described in clause (ii) of subparagraph 
                (A) unless requested by the parents.
    (d) Individualized Education Programs.--
          (1) IEP to be in effect at the beginning of each 
        school year.--
                  (A) In general.--At the beginning of each 
                school year, each local educational agency 
                shall have in effect an individualized 
                education program for each child with a 
                disability.
                  (B) IEP for a 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 
                disabilities who will turn age 3 during the 
                school year), an IFSP that contains the 
                material described in section 677(d) and that 
                is developed in accordance with this section 
                may serve as the IEP of the child if using the 
                plan as the IEP is--
                          (i) consistent with State policy; and
                          (ii) agreed to by the agency and the 
                        parents of the child.
          (2) IEP team.--The IEP of each child shall be 
        developed in a meeting by a team (hereafter in this 
        section referred to as the `IEP team'), composed of--
                  (A) a representative of the local educational 
                agency who is qualified to provide, or 
                supervise the provision of, specially designed 
                instruction to meet the unique needs of 
                children with disabilities, and who is 
                knowledgeable about the general education 
                curriculum;
                  (B) at least one special education provider 
                who is knowledgeable about the disability of 
                the child, such as, if appropriate, the special 
                education teacher of the child;
                  (C) to the extent appropriate, at least one 
                regular education teacher who knows the child 
                or is familiar with the curriculum of the 
                child, if the child is, or may be, 
                participating in the regular education 
                environment;
                  (D) the parents of the child;
                  (E) when appropriate, the child;
                  (F) an individual who is capable of 
                interpreting the instructional implications of 
                evaluation results; and
                  (G) at the discretion of the parents or the 
                agency, other individuals, such as related 
                services personnel, who have special expertise 
                or special knowledge regarding the child's 
                abilities and disability.
          The team member described in subparagraph (F) may be 
        an existing team member described in subparagraphs (A) 
        through (C), if the existing team member is qualified 
        to interpret the results described in subparagraph (F).
          (3) Development of the iep.--
                  (A) In general.--In developing each child's 
                IEP, the IEP team shall consider--
                          (i) the strengths of the child and 
                        the concerns of the parents for 
                        enhancing the education of their child; 
                        and
                          (ii) the results of the initial 
                        evaluation or most recent reevaluation 
                        of the child.
                  (B) Consideration of special factors.--In the 
                case of a child whose behavior impedes the 
                learning of the child or that of others, the 
                IEP team, as appropriate, shall consider 
                strategies, including behavior management 
                plans, to address that behavior.
    (e) Content of IEP.--
          (1) In general.--The IEP of each child with a 
        disability shall include the following:
                  (A) Present levels of educational 
                performance.--A statement of the present levels 
                of educational performance of the child, 
                including how the disability of the child 
                affects the progress of the child in the 
                general education curriculum (or, for a 
                preschool child, as appropriate, how the 
                disability of the child affects the progress of 
                the child in developmentally appropriate 
                activities related to transition to 
                kindergarten and elementary school).
                  (B) Measurable annual objectives.--A 
                statement of measurable annual objectives 
                related to meeting each of the educational 
                needs of the child that result from the 
                disability of the child, including objectives 
                related to enabling the child to progress in 
                the general education curriculum at the 
                educationally appropriate level for the child.
                  (C) Special education and related services.--
                A statement of the special education and 
                related services and supplementary aids and 
                services to be provided to the child and any 
                program modifications necessary for the child 
                to attain the annual objectives, to progress in 
                the general education curriculum, to 
                participate in extracurricular and nonacademic 
                activities and other educational activities, 
                and to be educated and participate with other 
                children with disabilities and nondisabled 
                children in the activities described in this 
                subparagraph.
                  (D) Extent of participation with nondisabled 
                children.--A statement of the extent to which 
                the child will participate with nondisabled 
                children in the regular class and in the 
                activities described in subparagraph (C).
                  (E) Participation in general assessments.--
                          (i) Modifications.--A statement of 
                        any modifications in the administration 
                        of State or districtwide assessments 
                        that are needed in order for the child 
                        to participate in the assessments.
                          (ii) Nonparticipation.--If a child 
                        will not participate in a particular 
                        State or districtwide assessment (or 
                        part of such assessment), a statement 
                        of why the assessment is not 
                        appropriate for the child and how the 
                        child will be assessed.
                  (F) Projected dates, frequency, and duration 
                of services.--The projected date for the 
                beginning of the services and program 
                modifications described in subparagraph (C), 
                and the anticipated frequency and duration of 
                such services and modifications.
                  (G) Information about the child's progress.--
                A statement of how the progress of the child 
                toward the measurable annual objectives will be 
                measured through benchmarks or other measurable 
                indicators of progress, and how the parents of 
                the child will be regularly informed of the 
                child's progress, in accordance with subsection 
                (f).
          (2) Additional iep requirements for a child with a 
        disability who is of secondary school age.--
                  (A) In general.--The IEP for each student who 
                is a child with a disability and who is of 
                secondary school age (hereafter in this section 
                referred to as the `student') shall include 
                additional information related to transition 
                services and the transfer of rights at the age 
                of majority, as described in subparagraphs (B) 
                through (D).
                  (B) Addressing the student's transition 
                needs.--For a student aged 14 through 21 (or 
                younger than age 14 if determined appropriate 
                by the IEP team), the transition services needs 
                of the student shall be considered and, as 
                appropriate, addressed under the applicable 
                components of the student's IEP described in 
                paragraph (1) relating to present levels of 
                educational performance, measurable annual 
                objectives, special education and related 
                services, and other applicable components.
                  (C) Statement of transition services and 
                supports.--
                          (i) In general.--In meeting the 
                        requirements of subparagraph (B), the 
                        IEP team shall give consideration to 
                        the student's participation in the 
                        general education curriculum (such as 
                        participation in advanced-placement 
                        courses or a vocational education or 
                        school-to-work program, or independent 
                        living skills training, which lead to 
                        successful transition from secondary 
                        school to postschool adult 
                        environments).
                          (ii) Transition services statement.--
                        Beginning no later than age 16, the 
                        student's IEP shall include a statement 
                        of needed transition services as 
                        defined in section 602(33) including, 
                        where appropriate, a statement of the 
                        interagency responsibilities and needed 
                        linkages among agencies to ensure 
                        delivery of services before the student 
                        leaves the school setting.
                  (D) Transfer of rights at the age of 
                majority.--Beginning at least 1 year before the 
                student reaches the age of majority under State 
                law, the IEP shall include a statement about 
                the rights under this Act, if any, that will 
                transfer to the student on reaching the age of 
                majority under section 615(j).
    (f) Reporting Each Child's Progress Toward Objectives.--The 
local educational agency shall ensure that--
          (1) the parents of each child with a disability are 
        informed of the progress of the child, toward the 
        measurable annual objectives, and the extent to which 
        such progress is sufficient to enable the child to 
        achieve the objectives by the end of the school year; 
        and
          (2) in implementing the requirement in paragraph (1), 
        the parents are informed (by periodic report cards or 
        other appropriate means) at least as often as parents 
        of nondisabled children are informed of the progress of 
        their nondisabled children.
    (g) Review and Revision of IEP.--The local educational 
agency shall ensure that the IEP team for each child--
          (1) reviews the child's IEP periodically, but not 
        less than annually, to determine whether the annual 
        objectives for the child are being achieved; and
          (2) revises the IEP, as appropriate.
    (h) Failure To Meet Transition Objectives.--If an entity 
(other than the local educational agency) involved in planning 
or providing transition services to a child with a disability 
fails to provide the transition services described in the IEP 
in accordance with subsection (e)(2)(A), the local educational 
agency shall reconvene the IEP team to identify alternative 
strategies to meet the transition objectives for the student 
set forth in the IEP.
    (i) Construction Clause.--Nothing in this section shall be 
construed to require the IEP team to include information under 
one component of a child's IEP that is already contained under 
another component of such IEP.
    (j) Placements.--Each local 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.
          * * * * * * *

                 [treatment of chapter 1 state agencies

    [Sec.  614A. (a) For the purpose of making payments under 
sections 611 and 619 of this Act, any State agency that 
received funds for fiscal year 1994 under subpart 2 of part D 
of chapter 1 of title I of the Elementary and Secondary 
Education Act of 1965 (as such subpart was in existence on the 
day preceding the date of enactment of the Improving America's 
Schools Act of 1994) shall be treated as if the State agency 
were a local educational agency.
    [(b) Any State agency which desires to receive payments 
under section 611(d) and section 619(c)(3) for any fiscal year 
shall submit an application to the State educational agency. 
Such application shall--
          [(1) include an assurance that all children with 
        disabilities who are participating in programs and 
        projects funded under this part receive a free 
        appropriate public education, and that such children 
        and their parents are provided all the rights and 
        procedural safeguards described in this part; and
          [(2) meet those requirements of section 614 that the 
        Secretary finds appropriate.
    [(c) Section 611(c)(4) shall not apply with respect to a 
State agency that is eligible for a payment under this part by 
application of this section.]
          * * * * * * *
    Sec.  615. (a) Establishment and maintenance. [Any State 
educational agency, any local educational agency, and any 
intermediate educational unit which] Any State educational 
agency or local educational agency that receives assistance 
under this part shall establish and maintain procedures in 
accordance with [subsection (b) through subsection (e) of] this 
section to assure that children with disabilities and their 
parents [or guardians] are guaranteed procedural safeguards 
with respect to the provision of free appropriate public 
education by such agencies [and units].
    [(b)(1) The] (b) The procedures required by this section 
shall include, but shall not be limited to--
          [(A) an opportunity for the parents or guardian] (1) 
        an opportunity for the parents of a child with a 
        disability to examine all relevant records with respect 
        to the identification, evaluation, and educational 
        placement of the child, and the provision of a free 
        appropriate public education to such child, and to 
        obtain an independent educational evaluation of the 
        child;
    [(2) Whenever a complaint has been received under paragraph 
(1) of this subsection, the parents or guardian 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 or intermediate educational unit, as 
determined by State law or by the State educational agency. No 
hearing conducted pursuant to the requirements of this 
paragraph shall be conducted by an employee of such agency or 
unit involved in the education or care of the child.]
          [(B) procedures] (2) procedures to protect the rights 
        of the child whenever the parents [or guardian] of the 
        child are not known, unavailable, or the child is a 
        ward of the State, including the assignment of an 
        individual (who shall not be an employee of the State 
        educational agency, [local educational agency, or 
        intermediate educational unit] 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 [or guardian];
          [(C) written prior notice to the parents or guardian 
        of the child whenever such agency or unit] (3) written 
        prior notice in accordance with subsection (c) to the 
        parents of the child whenever such agency--
                  [(i) proposes] (A) proposes to initiate or 
                change, or
                  [(ii) refuses] (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] public education to the 
                child, in accordance with subsection (c);
          [(D) procedures designed to assure that the notice 
        required by clause (C) fully informs the parents or 
        guardian, in the parents' or guardian's native 
        language, unless it clearly is not feasible to do so, 
        of all procedures available pursuant to this section; 
        and]
          (4) procedures designed to ensure that the notice 
        required by paragraph (3) is provided in the native 
        language of the parents or other mode of communication 
        used by the parents, unless it clearly is not feasible 
        to do so;
          (5) an opportunity for mediation in accordance with 
        subsection (e); and
          [(E) an opportunity] (6) an opportunity to present 
        complaints with respect to any matter relating to the 
        identification, evaluation, or educational placement of 
        the child, or the provision of a free appropriate 
        public education to such child.
          * * * * * * *
    (c)(1) The notice required by subsection (b)(3) with 
respect to the proposal or refusal to initiate or change the 
identification, evaluation, or educational placement of a child 
described in such subsection or the provision of a free 
appropriate public education to such child shall--
          (A) include--
                  (i) a description of the action proposed or 
                refused by the agency;
                  (ii) an explanation of why the agency 
                proposes or refuses to take the action; and
                  (iii) a description of any other options that 
                the agency considered and the reasons why the 
                options were not chosen;
          (B) describe each evaluation procedure, test, record, 
        or report that the agency used as a basis for the 
        proposed or refused action;
          (C) describe any other factors that are relevant to 
        the proposal or refusal of the agency;
          (D) include a full explanation of the procedural 
        safeguards available under this section and section 
        615A, and under the regulations of the Secretary, 
        relating to independent educational evaluations, 
        notice, parental consent, mediation, and the placement 
        of the child during the pendency of due process 
        proceedings;
      (E) include at least a brief summary of the procedural 
safeguards under this section and section 615A relating to due 
process hearings, State-level appeals (if applicable in that 
State), civil actions, and attorneys' fees and a brief summary 
of the provisions of section 612(a)(10)(C) relating to 
reimbursement of parents for unilateral placement of their 
children in private schools at public expense;
          (F) include a statement that the agency will provide 
        a full explanation of--
                  (i) the procedural safeguards available to 
                parents under this section and section 615A, 
                and under the regulations of the Secretary, 
                relating to--
                          (I) access to educational records, 
                        whenever requested by the parents; and
                          (II) the hearings, appeals, actions, 
                        and fees described in subparagraph (E), 
                        whenever the parents request such 
                        explanation or file a complaint under 
                        subsection (b)(6); and
                  (ii) the provisions of section 612(a)(10)(C) 
                relating to reimbursement of parents for 
                unilateral placement of their children in 
                private schools at public expense, whenever 
                requested by the parents; and
          (G) include the name, address, and telephone number 
        of the Parent Information and Training Center in the 
        State and other resources in the State that will assist 
        a parent to understand the protections and 
        opportunities under this part.
    (2) Each State educational agency and each local 
educational agency that receives assistance under this part 
shall provide the explanation described in paragraph (1)(F) in 
the cases described in such paragraph.
    (d)(1) The parents of a child with a disability or a 
suspected disability shall provide to the local educational 
agency written notice of their intention to file a complaint 
(other than a request for an expedited due process hearing 
under section 615A) under subsection (b)(6) regarding the 
identification, evaluation, or educational placement of the 
child or the provision of a free appropriate public education 
to the child, 10 business days (including holidays that occur 
on a business day) prior to the date of the filing of the 
complaint if--
          (A) the parents have new information regarding the 
        identification, evaluation, or educational placement of 
        the child or the provision of a free appropriate public 
        education to the child; or
          (B) the parents are initiating a complaint about the 
        identification, evaluation, or educational placement of 
        the child or the provision of a free appropriate public 
        education to the child and the parents have signed the 
        most recent IEP of the child that is currently being 
        implemented.
    (2) Prior to filing a complaint, if the parents have new 
information regarding the identification, evaluation, or 
educational placement of the child or the provision of a free 
appropriate public education to the child, the parents shall 
provide the information to the local educational agency along 
with the notice of their intent to file a complaint.
    (3) If the parents were duly informed by the local 
educational agency with respect to their obligation to file a 
notice of intention to file a complaint under this subsection 
and the parents fail to provide such notice, a court, in its 
discretion, may reduce an award of attorneys' fees and 
reimbursement of related costs if within 10 business days 
(including holidays that occur on a business day) after filing 
a request for an administrative due process hearing under 
section 615(f), the matter relating to the complaint is 
resolved in a manner that is satisfactory to all parties.
    (e)(1) Each State educational agency shall ensure that 
procedures are established and implemented to allow parties to 
disputes involving matters described in subsection (b)(6) to 
resolve such disputes through mediation.
    (2)(A) The procedures described in paragraph (1) shall 
ensure--
          (i) that whenever a hearing is requested on any 
        matter in dispute under subsection (b)(6), the parents 
        are offered an opportunity for mediation to resolve the 
        dispute;
          (ii) that mediation--
                  (I) is voluntary on the part of the parents 
                and may be waived by the parents at any time 
                during such process;
                  (II) is not used to deny a parent the right 
                of a, or delay access by a parent to, due 
                process hearings under subsection (f) or to 
                deny the parents any other rights afforded 
                under this part; and
                  (III) is conducted by a qualified and 
                impartial mediator who is not an employee of a 
                local educational agency or State agency 
                described in section 613(i) that is involved in 
                the education or care of the child or who is 
                not a person having a personal or professional 
                conflict of interest;
          (iii) that mediators are appointed from the list 
        described in subparagraph (B)(i);
          (iv) that whenever a mediator is not selected on a 
        random basis, both the parents and the local 
        educational agency are involved in selecting the 
        mediator and are in agreement with the individual who 
        is selected;
          (v) that each session in the mediation process shall 
        be scheduled in a timely manner and shall be held in a 
        location that is convenient and accessible to the 
        parties to the dispute;
          (vi) that no statements made by either party during 
        the mediation under this subsection shall be offered or 
        used as evidence in any hearing, review of a hearing 
        decision, or civil action under this section; and
          (vii) that an agreement reached by the parties to the 
        dispute in the mediation process shall be set forth in 
        a written mediation agreement.
    (B)(i) Each State educational agency shall compile and 
maintain a list of individuals who are--
          (I) trained in mediation; and
          (II) knowledgeable about the educational needs of 
        children with disabilities and applicable statutes and 
        regulations relating to the educational rights of such 
        children, including the requirements of this part and 
        the regulations of the Secretary under this part.
    (ii) The State educational agency shall ensure that 
mediation will be provided to parents at no cost.
    (3) If a State has on file with the Secretary documentation 
that the State has an established mediation process that is 
comparable to the mediation process described in this 
subsection, the mediation process of the State shall be 
considered to be in compliance with this subsection. Not later 
than 4 years after the date of enactment of the Individuals 
with Disabilities Education Act Amendments of 1996, such State 
shall establish a mediation process program that complies with 
the requirements of this subsection.
    (4) Nothing in this part shall prohibit employees or former 
employees of a State educational agency from serving as 
mediators in resolving disputes about any matter described in 
subsection (b)(6), unless the dispute directly involves such 
agency.
    (f) Whenever a complaint has been received under subsection 
(b)(6), the parents shall have an opportunity for an impartial 
due process hearing that 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. No 
hearing conducted pursuant to the requirements of this 
subsection shall be conducted by an employee of such agency 
involved in the education or care of the child.''; and
          * * * * * * *
    (j)(1) Subject to the provisions of paragraph (2), any 
State that receives funds under this part may provide that, 
when a student with a disability reaches the age of majority 
under State law--
          (A) the local educational 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; and
          (C) the local educational agency shall notify the 
        individual and the parents of the transfer of rights.
    (2) If, under State law, a student described in paragraph 
(1) is determined to not have the ability to provide informed 
consent with respect to the educational program of the student, 
the State shall have in effect procedures for appointing the 
parent or other individual to represent the educational 
interests of the student throughout the student's eligibility 
under this part.
          * * * * * * *
    [(c)] (g) Review of local decision by State educational 
agency. If the hearing required in [paragraph (2) of subsection 
(b)] subsection (f) of this section is conducted by a local 
educational agency [or an intermediate educational unit], any 
party aggrieved by the findings and decision rendered in such a 
hearing may appeal to the State educational agency which shall 
conduct an impartial review of such hearing. The officer 
conducting such review shall make an independent decision on 
completion of such review.
    [(d)] (h) Enumeration of rights accorded parties to 
hearings. Any party to any hearing conducted pursuant to 
[subsections (b) and (c)] subsections (f) and (g) shall be 
accorded--
          * * * * * * *
          (4) the right to written findings of fact and 
        decisions (which findings and decisions shall be made 
        available to the public consistent with the 
        requirements of section 617(c) and shall also be 
        transmitted to the advisory panel established pursuant 
        to [section 613(a)(12)] section 612(a)(20).
          * * * * * * *
    [(e)] (i) Civil action; jurisdiction.--
          (1) A decision made in a hearing conducted pursuant 
        to [paragraph (2) of subsection (b)] subsection (f) 
        shall be final, except that any party involved in such 
        hearing may appeal such decision under the provisions 
        of subsection (c) and paragraph (2) of this subsection. 
        A decision made under subsection (c) shall be final, 
        except that any party may bring an action under 
        paragraph (2) of this subsection.
          (2) Any party aggrieved by the findings and [decision 
        made under subsection (b)] decision made under 
        subsection (f) who does not have the right to an appeal 
        under [subsection (c)] subsection (g), and any party 
        aggrieved by the findings and decision under 
        [subsection (c)] subsection (g), 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. In an 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.
          [(3)(A) Except as provided in subparagraph (B),] (3) 
        Except as provided in subsections (c) and (d) of 
        section 615A during the pendancy of any proceedings 
        conducted pursuant to this section, unless the State or 
        local educational agency and the parents [or guardian] 
        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 [or guardian], 
        be placed in the public school program until all such 
        proceedings have been completed.
          [(B)(i) Except as provided in clause (iii), if the 
        proceedings conducted pursuant to this section involve 
        a child with a disability who is determined to have 
        brought a weapon to school under the jurisdiction of 
        such agency, then the child may be placed in an interim 
        alternative educational setting, in accordance with 
        State law, for not more than 45 days.
          [(ii) The interim alternative educational setting 
        described in clause (i) shall be decided by the 
        individuals described in section 602(a)(20).
          [(iii) If a parent or guardian of a child describe in 
        clause (i) requests a due process hearing pursuant to 
        paragraph (2) of subsection (b), then the child shall 
        remain in alternative educational setting described in 
        such clause during the pendency of any proceedings 
        conducted pursuant to this section, unless the parents 
        and the local educational agency agree otherwise.
          [(iv) For the purpose of this section, the term 
        ``weapon'' means a firearm as such term is defined in 
        section 921 of title 18, United States Code.]
          (4)(A) The district courts of the United States shall 
        have jurisdiction of actions brought under [this 
        subsection] this subsection and section 615A without 
        regard to the amount in controversy.
          (4)(B) In any action or proceeding brought under 
        [this subsection] this subsection and section 615A, the 
        court, in its discretion, may award reasonable 
        attorneys' fees as part of the costs to the parents [or 
        guardian] of a child or youth with a disability who is 
        the prevailing party.
          (C) [For the purpose of this subsection, fees] Fees 
        awarded [under this subsection] under this subsection 
        and section 615A 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] under this subsection 
        and section 615A.
          (D) [No award of attorneys' fees and related costs 
        may be made] Except as provided in subparagraph (E), 
        attorneys' fees may not be awarded and related costs 
        may not be reimbursed in any action or proceeding 
        [under this subsection] under this subsection and 
        section 615A for services performed subsequent to the 
        time of a written offer of settlement to a parent [or 
        guardian], if--
          * * * * * * *
                  (iii) the court or administrative officer 
                finds that the relief finally obtained by the 
                parents [or guardian] is not more favorable to 
                the parents [or guardian] than the offer of 
                settlement.
          (E) [Notwithstanding the provisions of subparagraph 
        (D)] Notwithstanding subparagraph (D), an award of 
        attorneys' fees and related costs may be made to a 
        parent [or guardian] who is the prevailing party and 
        who was substantially justified in rejecting the 
        settlement offer.
          [(F) Whenever] (F) Except as provided in subparagraph 
        (G), whenever the court finds that--
                  (i) the parent [or guardian], during the 
                course of the action or proceeding, 
                unreasonably protracted the final resolution of 
                the controversy;
          * * * * * * *
          (H) For the purpose of this section, the amount of 
        any award of attorneys' fees to a prevailing party 
        under this section shall be determined in accordance 
        with the law established by the Supreme Court in 
        Hensley v. Eckerhart, 461 U.S. 424 (1983).
          (I) For the purpose of this section, an IEP meeting 
        shall not, in and of itself, be deemed to be a 
        proceeding triggering the awarding of attorneys' fees.
    [(f)] (k) Effect on other laws. Nothing in this title shall 
be construed to restrict or limit the rights, procedures, and 
remedies available under the Constitution, title V of the 
Rehabilitation Act of 1973, or other Federal statutes 
protecting the rights of children and youth with disabilities, 
except that before the filing of a civil action under such laws 
seeking relief that is also available under this part, the 
procedures under [subsections (b)(2) and (c)] subsections (f) 
and (g) shall be exhausted to the same extent as would be 
required had the action been brought under this part.
          * * * * * * *
SEC. 615A. ALTERNATE PROCEDURAL SAFEGUARDS.

    (a) Short-Term Disciplinary Actions (up to 10 School 
Days).--If a child with a disability engages in behavior that 
is a violation of the rules or code of conduct of the local 
educational agency, and if the rules or code of conduct of the 
agency also applies to children without disabilities who engage 
in the behavior, agency personnel with the authority to do so, 
may--
          (1) utilize disciplinary measures such as detention, 
        timeouts, increased supervision, and restriction of 
        privileges or extracurricular activities, provided that 
        any disciplinary measures that are inconsistent with 
        the child's IEP shall be for no more than 10 school 
        days; or
          (2) suspend the child for no more than 10 school 
        days.
    (b) Long-Term Disciplinary Actions; Manifestation 
Determination.--
          (1) Change of placement.--If a child with a 
        disability engages in any of the behaviors described in 
        subsection (c)(1)(A) involving dangerous weapons, 
        drugs, or behavior resulting in serious bodily injury 
        or engages in ongoing serious disruptive behavior as 
        described in subsection (d)(1)(A), the child may be 
        placed in an interim alternative educational setting, 
        in accordance with the provisions of subsections (c) 
        and (d), regardless of whether or not the behavior is a 
        manifestation of the disability of the child.
          (2) Disciplinary measures applicable to all 
        children.--
                  (A) In general.--Subject to the limitation 
                described in subparagraph (B), a local 
                educational agency may, consistent with section 
                615(b), use long-term disciplinary measures 
                (for more than 10 school days) to address the 
                behavior of a child with a disability that is a 
                violation of the rules or code of conduct of 
                the agency, if the behavior was not a 
                manifestation of the disability of the child, 
                and if the rules or code of conduct also 
                applies to children without disabilities who 
                engage in the same behavior.
                  (B) Provision of educational services.--In 
                the case of a child with a disability who 
                engages in behavior that violates the rules or 
                code of conduct of the local educational 
                agency, the child shall continue to receive 
                educational services, consistent with the 
                provision of a free appropriate public 
                education, unless the child was determined to 
                be involved with dangerous weapons or drugs, as 
                described in subsection (c)(1)(A), the behavior 
                of the child was not a manifestation of the 
                disability of the child, and the policy of the 
                agency is to cease educational services to any 
                child determined to be involved with such 
                weapons or drugs.
          (3) Manifestation determination.--Before subjecting a 
        child with a disability to the same long-term 
        disciplinary measures (including the ceasing of 
        educational services as described in subparagraph (B)) 
        that apply to children without disabilities, the 
        child's IEP team shall determine, in accordance with 
        the standards and considerations in paragraphs (4) and 
        (5), whether the behavior of the child was a 
        manifestation of the disability of the child.
          (4) Standards.--In making the determination described 
        in paragraph (3), the child's IEP team shall determine 
        whether, in the context in which the behavior occurred, 
        the disability of the child--
                  (A) impaired the ability of the child to 
                understand the impact and consequences of such 
                behavior; or
                  (B) impaired the ability of the child to 
                control the behavior at issue.
          (5) Considerations.--In determining whether the 
        standards in paragraph (4) are met, the child's IEP 
        team shall consider relevant information pertinent to 
        the behavior at issue and the determination to be made 
        pursuant to paragraph (3), including--
                  (A) the context in which the behavior 
                occurred and whether the child exhibited 
                similar behavior in the past;
                  (B) evaluation and diagnostic results, 
                including such results or other relevant 
                information supplied by the parents of the 
                child;
                  (C) the appropriateness of the child's IEP 
                and placement; and
                  (D) the extent to which the child's IEP--
                          (i) has been implemented; and
                          (ii) includes the provision of 
                        special education and related services, 
                        and the use of supplementary aids and 
                        services, strategies and interventions, 
                        and behavior management techniques.
          (6) Proceedings.--
                  (A) Expedited due process hearing.--If the 
                parents of the child do not agree with the 
                determination described in paragraph (3), the 
                parents may request that a due process hearing 
                under section 615(f) be conducted on an 
                expedited basis.
                  (B) Pendency.--During the pendency of any 
                actions or proceedings to resolve a 
                disagreement by the parents, the child shall 
                continue to receive educational services, 
                consistent with the provision of a free 
                appropriate public education to the child.
    (c) Conditions That Apply When Dangerous Weapons, Drugs, or 
Serious Bodily Injury Are Involved.--
          (1) Program modifications.--
          (A) Setting.--If a child with a disability, on school 
        premises or at a school-sponsored event under the 
        jurisdiction of a local educational agency--
                  (i) has a dangerous weapon in the child's 
                possession;
                  (ii) engages in the illegal use, possession, 
                or distribution of drugs; or
                  (iii) engages in behavior that results in 
                serious bodily injury, or is substantially 
                likely to result in such injury,
        the child may be placed in an interim alternative 
        educational setting, regardless of whether or not the 
        behavior is a manifestation of the disability of the 
        child, if the conditions in subparagraph (B) are met.
          (B) Role of principal and iep team.--The child 
        described in subparagraph (A) may be removed to an 
        interim alternative educational setting, if--
                  (i) the principal, after consultation with 
                individuals who witnessed the child exhibit any 
                of the behaviors described in subparagraph (A) 
                and individuals who have knowledge of the 
                disability of the child (including the 
                chairperson of the child's IEP team and the 
                agency's director of special education or the 
                designees of the chairperson and director), 
                determines, in writing, that the child engaged 
                in a behavior described in subparagraph (A) and 
                that the disciplinary code of the local 
                educational agency is to be applied; and
                  (ii) the child's IEP team assesses the child, 
                and identifies modifications in the IEP of the 
                child that are consistent with the provision of 
                a free appropriate public education to the 
                child, which may include placement of the child 
                in an interim alternative educational setting.
          (C) Time lines.--
                  (i) Determination by principal.--The 
                determination by the principal described in 
                subparagraph (B)(i) shall be made as soon as 
                possible, but not later than 10 school days 
                after the date on which the behavior described 
                in subparagraph (A) became known to the 
                principal.
                  (ii) Placement decision.--
                          (I) Preliminary decision.--Within the 
                        10-day period described in clause (i), 
                        the child's IEP team shall make a 
                        preliminary decision regarding 
                        placement of the child, which may 
                        include placement of the child in an 
                        interim alternative educational 
                        setting.
                  (II) Final decision.--A final placement 
                decision by the child's IEP team, which may 
                include placement of the child in an interim 
                alternative educational setting, shall, to the 
                maximum extent feasible, be made within the 10-
                day period described in clause (i).
                          (iii) Placement limitation.--In no 
                        case shall placement of the child in an 
                        interim alternative educational setting 
                        pursuant to this subsection be made 
                        more than 20 school days after the date 
                        on which the behavior described in 
                        subparagraph (A) became known to the 
                        principal.
          (D) Status of child if time lines are not met.--If 
        the determination of the principal (described in 
        subparagraph (B)(i)) and the actions of the child's IEP 
        team (described in subparagraph (B)(ii)) do not occur 
        within the time period referred to in subparagraph (C), 
        the educational placement of the child shall be the 
        educational placement described in the child's current 
        IEP, unless the parents of the child and the agency 
        agree otherwise.
    (2) Information to be considered by iep team in determining 
child's placement.--In determining an appropriate placement for 
a child who engaged in any behavior described in paragraph 
(1)(A), the child's IEP team shall--
          (A) include an individual (who may be an existing 
        member of the child's IEP team) who is qualified to 
        assess the relationship between the disability of the 
        child, the behavior of the child, and the context in 
        which the behavior occurred;
          (B) at a minimum, consider--
                  (i) the information described in subsection 
                (b)(5);
                  (ii) information based on observation by a 
                person knowledgeable about the child and the 
                disability of the child, including, to the 
                extent possible, observation in the environment 
                in which the behavior occurred; and
                  (iii) if available, voluntary statements from 
                the parents of the child, and from any 
                individual who was injured (and if the 
                individual injured is a child, the individual's 
                parents); and
          (C) make necessary modifications in the child's IEP 
        related to the provision of special education and 
        related services, the use of supplementary aids and 
        services, and strategies and interventions (including 
        the use of behavior management plans) that are likely 
        to contribute to the elimination of the recurrence of 
        the behavior at issue by the child.
          (3) Disagreement between agency and parents regarding 
        dangerous weapons, drugs, or serious bodily injury.--
                  (A) Due process hearing.--If the parents of a 
                child disagree with a determination made by the 
                principal under paragraph (1)(B)(i) or the 
                action of the IEP team under paragraph 
                (1)(B)(ii) to place the child in an interim 
                alternative educational setting or the 
                recommendations of the child's IEP team 
                regarding the provision of a free appropriate 
                public education pursuant to paragraph 
                (1)(B)(ii) the parents may request that a due 
                process hearing under section 615(f) be 
                conducted on an expedited basis.
                  (B) Considerations.--In making a 
                determination regarding such a disagreement, 
                the hearing officer shall consider, at a 
                minimum--
                          (i) the determination of the 
                        principal described in paragraph 
                        (1)(B)(i);
                          (ii) information considered by the 
                        child's IEP team under paragraphs 
                        (1)(B)(ii) and (2); and
                          (iii) whether the child's IEP team 
                        met its responsibilities under 
                        paragraph (4), if appropriate.
                  (C) Placement during dispute.--During the 
                pendency of any actions or proceedings to 
                resolve a disagreement described in 
                subparagraph (A), the child shall remain in the 
                interim alternative educational setting, unless 
                the parents and the State or local educational 
                agency agree otherwise.
          (4) Review of child's placement in interim 
        alternative educational setting.--Not later than 35 
        school days after the placement in an interim 
        alternative educational setting of a child who engaged 
        in any behavior described in paragraph (1)(A) (or 
        earlier, if specified in the child's IEP), the child's 
        IEP team shall--
                  (A) review the progress of the child in the 
                interim alternative educational setting;
                  (B) determine an appropriate educational 
                placement based on a revised IEP, if 
                appropriate; and
                  (C) secure the placement of the child in the 
                appropriate educational placement, consistent 
                with the provisions of this part, for the 
                remainder of the school year or for the 
                beginning of the next school year, whichever is 
                appropriate.
    (d) Conditions That Apply When Serious Disruptive Behavior 
Is Involved.--
          (1) Placement in interim alternative educational 
        setting.--
                  (A) Removal of a child to an interim 
                alternative educational setting.--If a child 
                with a disability, on school premises, engages 
                in ongoing serious disruptive behavior that 
                significantly impairs the education of the 
                child or the education of other children and 
                the ability of the teacher of the child to 
                teach, the child may be placed in an interim 
                alternative educational setting, if the 
                conditions in subparagraph (B) are met.
                  (B) Role of principal and iep team.--
                          (i) In general.--A child described in 
                        subparagraph (A) may be removed to an 
                        interim alternative educational setting 
                        if, consistent with the requirements of 
                        paragraph (2)(B)(i) and subparagraphs 
                        (A) and (B) of paragraph (3)--
                                  (I) the principal, after 
                                consultation with individuals 
                                who have knowledge of the 
                                disability of the child 
                                (including the chairperson of 
                                the child's IEP team, the 
                                agency's director of special 
                                education or the designees of 
                                the chairperson and director, 
                                and the teacher most 
                                knowledgeable about the child), 
                                determines in writing that the 
                                continued presence of the child 
                                in the child's current 
                                educational placement would 
                                significantly impair the 
                                education of the child or the 
                                classmates of the child and the 
                                ability of the teacher of the 
                                child to teach; and
                                  (II) the child's IEP team 
                                develops a placement in an 
                                interim alternative educational 
                                setting, consistent with the 
                                provision of a free appropriate 
                                public education to the child.
                          (ii) Construction clause.--A child 
                        shall not be determined to be seriously 
                        disruptive on the basis of unreasonable 
                        considerations, such as--
                                  (I) myths or stereotypes 
                                about disability;
                                  (II) a lack of understanding 
                                of the nature of the disability 
                                or the effect of the disability 
                                on behavior;
                                  (III) a disruption caused by 
                                devices, accommodations, 
                                auxiliary aids or services used 
                                by a child with a disability; 
                                or
                                  (IV) behavior that has not 
                                been addressed by special 
                                education and related services 
                                as provided by paragraph 
                                (3)(B).
                  (C) Timeline for action.--
                          (i) In general.--If a child described 
                        in subparagraph (A) was subjected to 
                        short-term disciplinary measures 
                        lasting for any period up to 10 school 
                        days as described in subsection (a), 
                        the determination of the principal 
                        under subparagraph (B)(i)(I) and the 
                        actions of the IEP team under 
                        subparagraph (B)(i)(II) shall occur 
                        within that 10-day period.
                          (ii) Status of child if time line is 
                        not met.--If the determination of the 
                        principal under subparagraph (B)(i)(I) 
                        and the actions of the IEP team 
                        described in subparagraph (B)(i)(II) do 
                        not occur within the 10-school-day time 
                        period described in clause (i), the 
                        educational placement of the child 
                        shall be the placement described in the 
                        child's current IEP, unless the parents 
                        of the child and the agency agree 
                        otherwise.
          (2) Disagreement between agency and parents when 
        serious disruptive behavior is involved.--
                  (A) Hearing officer determination.--If the 
                parents of the child disagree with the 
                determination made by the principal under 
                paragraph (1)(B)(i)(I) or the action of the IEP 
                team described under paragraph (1)(B)(i)(II), a 
                hearing officer shall make a determination 
                whether the removal of the child to an interim 
                alternative educational setting was justified 
                by the serious disruptive behavior of the 
                child. The determination of the hearing officer 
                shall be made not later than 10 school days 
                after the child's parents communicate to the 
                principal the parent's disagreement with the 
                determination of the principal or the action of 
                the IEP team. If exceptional circumstances 
                exist, such as the unavailability of a hearing 
                officer, the determination of the hearing 
                officer shall be made not later than 20 school 
                days after the child's parents communicate to 
                the principal such disagreement. A hearing 
                officer may grant additional extensions of time 
                for a hearing determination if the school 
                district and parents agree otherwise.
                  (B) Limitations.--
                          (i) Consideration of record on the 
                        child.--In making a determination on 
                        whether removal of a child with a 
                        disability to an interim alternative 
                        educational setting is justified, the 
                        principal and the IEP team (and, in 
                        situations involving a disagreement, 
                        the hearing officer) shall consider the 
                        record described in paragraph (3).
                          (ii) Failure to make a 
                        determination.--If the determination of 
                        the hearing officer is not made within 
                        the time period described in 
                        subparagraph (A), the educational 
                        placement of the child shall be the 
                        placement described in the prior IEP of 
                        the child, unless the parents of the 
                        child and the agency agree otherwise.
                  (C) Due process hearing; pendency.--If either 
                the parents of the child or the local 
                educational agency disagrees with the 
                determination of the hearing officer and 
                requests a due process hearing pursuant to 
                section 615(f), then the educational placement 
                of the child shall be the placement determined 
                by the hearing officer during the pendency of 
                any actions or proceedings, unless the parents 
                and the agency agree otherwise.
          (3) Special record for a child with a disability who 
        is seriously disruptive.--In order for the principal 
        and the IEP team or a hearing officer to determine 
        under this subsection that a child with a disability is 
        engaging in ongoing serious disruptive behavior that 
        significantly impairs the education of the child or the 
        education of other children and the ability of the 
        teacher of the child to teach, the following 
        information must have been documented:
                  (A) Cumulative record of behavior.--A 
                cumulative record over an extended period of 
                time describing frequent behaviors exhibited by 
                the child that prevent the child, the 
                classmates of the child, or the teacher of the 
                child from engaging in the activities that 
                would have occurred in the absence of serious 
                disruptive behavior of the child.
                  (B) Documented evidence of efforts to address 
                the behavior.--Documented evidence of efforts 
                to address the behavior of the child, 
                including--
                          (i) the reconvening of the child's 
                        IEP team to consider the 
                        appropriateness of the child's IEP;
                          (ii) the provision of special 
                        education and related services;
                          (iii) the use of supplemental 
                        services and strategies (including the 
                        use of behavior management plans) that 
                        have been implemented over a reasonable 
                        period of time and have failed to 
                        address the needs of the child in a 
                        manner that would enable the child to 
                        remain in the current educational 
                        placement of the child without 
                        significantly impairing the education 
                        of the child or the classmates of the 
                        child and the ability of the teacher of 
                        the child to teach; and
                          (iv) the training made available to 
                        the child's classroom teachers.
          (4) Information to be considered by iep team when 
        serious disruptive behavior is involved.--In 
        determining an appropriate placement for a child with a 
        disability who engaged in a serious disruptive behavior 
        described in paragraph (1)(A), the child's IEP team 
        shall consider the information about the child required 
        in subsection (c)(2)(B), and make necessary 
        modifications in the child's IEP, as described in 
        subsection (c)(2)(C).
          (5) Review of progress of the child.--The child's IEP 
        team shall review the progress of the child, in 
        accordance with the procedures and time lines in 
        subsection (c)(4).
    (e) Definitions; Construction.--
          (1) Dangerous weapon.--For the purpose of this 
        section, the term ``dangerous weapon'' means a weapon, 
        device, instrument, material or substance, animate or 
        inanimate, that is used for or is readily capable of 
        causing death or serious bodily injury.
          (2) Drug.--For the purpose of this section, the term 
        ``drug'' means a drug or other substance identified 
        under schedules I, II, III, IV, and V in section 202(c) 
        of the Controlled Substances Act (21 U.S.C. 812(c)).
          (3) Illegal use of drugs.--For the purpose of this 
        section, the term ``illegal use of drugs'' shall not be 
        construed to include the use of a drug taken under the 
        supervision of a licensed health care professional, or 
        other uses authorized by the Controlled Substances Act 
        or other provisions of Federal law.
          (4) Serious bodily injury.--For the purpose of this 
        section, the term ``serious bodily injury'' means 
        injury that involves a substantial risk of death, 
        extreme physical pain, an obvious or protracted 
        disfigurement, or a protracted loss or impairment of a 
        bodily member, organ, or mental faculty that is the 
        result of a physical or sexual assault that also may 
        have significantly endangered emotional health or 
        safety.
    (f) Timing and Effect of Assertion of a Child's 
Disability.--
          (1) Protection status of a child not yet found 
        eligible for special education and related services.--A 
        child who has not been determined to be eligible for 
        special education and related services under this part 
        and who engages in behavior that is a violation of the 
        rules or code of conduct of the local educational 
        agency, including a child who engages in any of the 
        behaviors described in subsections (c) and (d), may 
        assert the protections authorized under this part, if 
        the local educational agency had knowledge that the 
        child was a child with a disability before the behavior 
        that precipitated the disciplinary action occurred.
          (2) Basis of an agency's knowledge of a child's 
        disability.--If the parents of a child described in 
        paragraph (1) expressed concern, in writing, if 
        practicable, to appropriate educational agency 
        personnel about the need of the child for special 
        education and related services or the behavior of the 
        child which would demonstrate the need for such 
        services, or the teacher of the child or other 
        personnel expressed concern about the behavior of the 
        child which would demonstrate the need for such 
        services or the needs of the child to the agency's 
        director of special education or other agency staff or 
        the parents, then such agency shall be deemed to have 
        knowledge of a disability of a child. A request by the 
        parents under this paragraph may include but not be 
        limited to a parental request for an evaluation of 
        their child to determine the eligibility of the child 
        for special education and related services.
          (3) Conditions that apply when an agency had no 
        knowledge of a disability of a child.--
                  (A) In general.--Subject to the requirement 
                of subparagraph (B), if a local educational 
                agency does not have knowledge of a disability 
                of a child as described in paragraph (2) prior 
                to taking disciplinary measures against the 
                child, the child may be subjected to the same 
                disciplinary measures as children without 
                disabilities, who engaged in comparable 
                behaviors.
                  (B) Limitations.--If a request is made for 
                evaluation of a child during the time period in 
                which the child is subjected to disciplinary 
                measures under subparagraph (A), 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, such agency shall provide special 
                education and related services in accordance 
                with the provisions of this part. Pending the 
                results of the evaluation, the placement of the 
                child shall be the placement determined by the 
                school authorities.
    (g) Referral to and Actions by Law Enforcement and Judicial 
Authorities.--Nothing in this part shall be construed to 
prohibit an agency from reporting a crime committed by a child 
with a disability to appropriate authorities or to prevent 
State law enforcement and judicial authorities from exercising 
their responsibilities with regard to the application of 
Federal and State law to crimes committed by a child with a 
disability.
    (h) Definitions.--
          (1) In general.--Except as provided in paragraph (2), 
        the definitions used in section 602 (as in effect on 
        the day before the date of enactment of the Individuals 
        with Disabilities Education Act Amendments of 1996) 
        shall apply to this section.
          (2) Exception.--The terms ``behavior management 
        plan'', ``child with a disability'', ``educational 
        service agency'', ``local educational agency'', 
        ``parent'', and ``supplementary aids and services'' 
        shall have the meanings given such terms in section 602 
        (as amended by section 102 of the Individuals with 
        Disabilities Education Act Amendments of 1996).
          * * * * * * *

                    [withholding and judicial review

    [Sec. 616. (a) Whenever the Secretary, after reasonable 
notice and opportunity for hearing to the State educational 
agency involved (and to any local educational agency or 
intermediate educational unit affected by any failure described 
in clause (2)), finds--
          [(1) that there has been a failure to comply 
        substantially with any provision of section 612 or 
        section 613, or
          [(2) that in the administration of the State plan 
        there is a failure to comply with any provision of this 
        part or with any requirements set forth in the 
        application of a local educational agency or 
        intermediate educational unit approved by the State 
        educational agency pursuant to the State plan, the 
        Secretary--
                  [(A) shall, after notifying the State 
                educational agency, withhold any further 
                payments to the State under this part, and
                  [(B) may, after notifying the State 
                educational agency, withhold further payments 
                to the State under the Federal programs 
                specified in section 613(a)(2) within the 
                Secretary's jurisdiction, to the extent that 
                funds under such programs are available for the 
                provision of assistance for the education of 
                children with disabilities.
If the Secretary withholds further payments under clause (A) or 
clause (B) the Secretary may determine that such withholding 
will be limited to programs or projects under the State plan, 
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 intermediate 
educational units affected by the failure. Until the Secretary 
is satisfied that there is no longer any failure to comply with 
the provisions of this part, as specified in clause (1) or 
clause (2), no further payments shall be made to the State 
under this part or under the Federal programs specified in 
section 613(a)(2) within the Secretary's jurisdiction to the 
extent that funds under such programs are available for the 
provision of assistance for the education of children with 
disabilities, or payments by the State educational agency under 
this part shall be limited to local educational agencies and 
intermediate educational units whose actions did not cause or 
were not involved in the failure, as the case may be. Any State 
educational agency, local educational agency, or intermediate 
educational unit in receipt of a notice pursuant to the first 
sentence of this subsection 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 or unit.
    [(b)(1) If any State is dissatisfied with the Secretary's 
final action with respect to its State plan submitted under 
section 613, such State may, within sixty days after notice of 
such action, file with the United States court of appeals for 
the circuit in which such State is located a petition for 
review of that action. A copy of the petition shall be 
forthwith transmitted by the clerk of the court to the 
Secretary. The Secretary thereupon shall file in the court the 
record of the proceedings upon which the Secretary's action was 
based, as provided in section 2112 of title 28, United States 
Code.
    [(2) 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.
    [(3) 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.

                            [administration

    [Sec. 617. (a)(1) In carrying out the Secretary's duties 
under this part, the Secretary shall--
          [(A) cooperate with, and furnish all technical 
        assistance necessary, directly or by grant or contract, 
        to the States in matters relating to the education of 
        children with disabilities and the execution of the 
        provisions of this part;
          [(B) provide such short-term training programs and 
        institutes as are necessary;
          [(C) disseminate information, and otherwise promote 
        the education of handicapped children within the 
        States; and
          [(D) assure that each State shall, within one year 
        after the date of the enactment of the Education for 
        All Handicapped Children Act of 1975 and every year 
        thereafter, provide certification of the actual number 
        of children with disabilities receiving special 
        education and related services in such State.
    [(2) As soon as practicable after the date of the enactment 
of the Education for All Handicapped Children Act of 1975, the 
Secretary shall, by regulation, prescribe a uniform financial 
report to be utilized by State educational agencies in 
submitting plans under this part in order to assure equity 
among the States.
    [(b) In carrying out the provisions of this part, the 
Secretary shall issue, not later than January 1, 1977, amend, 
and revoke such rules and regulations as may be necessary. No 
other less formal method of implementing such provisions is 
authorized.
    [(c) The Secretary shall take appropriate action, in 
accordance with the provisions of section 438 of the General 
Education Provisions Act, to assure the protection of the 
confidentiality of any personally identifiable data, 
information, and records collected or maintained by the 
Secretary and by State and local educational agencies pursuant 
to the provisions of this part.
    [(d) The Secretary is authorized to hire qualified 
personnel necessary to conduct data collection and evaluation 
activities required by [subsections (b), (c) and (d) of] 
section 618 and to carry out the Secretary's duties under 
subsection (a)(1) of this subsection without regard to the 
provisions of title 5, United States Code, relating to 
appointments in the competitive service and without regard to 
chapter 51 and subchapter III of chapter 53 of such title 
relating to classification and general schedule pay rates 
except that no more than twenty such personnel shall be 
employed at any time.

                  [evaluation and program information

    [Sec. 618. (a) The Secretary shall, directly or by grant, 
contract, or cooperative agreement, collect data and conduct 
studies, investigations, analyses, and evaluations--
          [(1) to assess progress in the implementation of this 
        Act;
          [(2) to assess the impact and effectiveness of State 
        and local efforts, and efforts by the Secretary of the 
        Interior, to provide--
                  [(A) free appropriate public education to 
                children and youth with disabilities; and
                  [(B) early intervention services to infants 
                and toddlers with disabilities; and
          [(3) to provide--
                  [(A) Congress with information relevant to 
                policymaking; and
                  [(B) State, local, and Federal agencies, 
                including the Department of the Interior, with 
                information relevant to program management, 
                administration, delivery, and effectiveness 
                with respect to such education and early 
                intervention services.
    [(b)(1) In carrying out subsection (a), the Secretary, on 
at least an annual basis (except as provided in subparagraph 
(E)), shall obtain data concerning programs and projects 
assisted under this Act and under other Federal laws relating 
to infants, toddlers, children, and youth with disabilities, 
and such additional information, from State and local 
educational agencies, the Secretary of the Interior, and other 
appropriate sources, including designated lead agencies under 
part H (except that during fiscal year 1992 such entities may 
not under this subsection be required to provide data regarding 
traumatic brain injury or autism), including--
          [(A) the number of infants, toddlers, children, and 
        youth with disabilities in each State receiving a free 
        appropriate public education or early intervention 
        services--
                  [(i) in age groups 0-2 and 3-5, and
                  [(ii) in age groups 6-11, 12-17, and 18-21, 
                by disability category;
          [(B) the number of children and youth with 
        disabilities in each State, by disability category, 
        who--
                  [(i) are participating in regular educational 
                programs (consistent with the requirements of 
                section 612(5)(B) and 614(a)(1)(C)(iv);
                  [(ii) are in separate classes, separate 
                schools or facilities, or public or private 
                residential facilities; or
                  [(iii) have been otherwise removed from the 
                regular education environment;
          [(C) the number of children and youth with 
        disabilities exiting the educational system each year 
        through program completion or otherwise, by disability 
        category, for each year of age from age 14 through 21;
          [(D) the number and type of personnel that are 
        employed in the provision of--
                  [(i) special education and related services 
                to children and youth with disabilities, by 
                disability category served; and
                  [(ii) early intervention services to infants 
                and toddlers with disabilities; and
          [(E) at least every three years, using the data 
        collection method the Secretary finds most appropriate, 
        a description of the services expected to be needed, by 
        disability category, for youth with disabilities in age 
        groups 12-17 and 18-21 who have left the educational 
        system.
    [(2) Beginning with fiscal year 1993, the Secretary shall 
obtain and report data from the States under section 
613(a)(3)(A), including data addressing current and projected 
special education and related services needs, and data on the 
number of personnel who are employed on an emergency, 
provisional, or other basis, who do not hold appropriate State 
certification or licensure, and other data for the purpose of 
meeting the requirements of this subsection pertaining to 
special education and related services personnel.
    [(3) The Secretary shall provide, directly or by grant, 
contract, or cooperative agreement, technical assistance to 
State agencies providing the data described in paragraphs (1) 
and (2) to achieve accurate and comparable information.
    [(c)(1) The Secretary shall make grants to, or enter into 
contracts or cooperative agreements with, State or local 
educational agencies, institutions of higher education, public 
agencies, and private nonprofit organizations, and, when 
necessary because of the unique nature of the study, private-
for-profit organizations, for the purpose of conducting 
studies, analyses, syntheses, and investigations for improving 
program management, administration, delivery, and effectiveness 
necessary to provide full educational opportunities and early 
interventions for all children with disabilities from birth 
through age 21. Such studies and investigations shall gather 
information necessary for program and system improvements 
including--
          [(A) developing effective, appropriate criteria and 
        procedures to identify, evaluate, and serve infants, 
        toddlers, children, and youth with disabilities from 
        minority backgrounds for purposes of program 
        eligibility, program planning, delivery of services, 
        program placement, and parental involvement;
          [(B) planning and developing effective early 
        intervention services, special education, and related 
        services to meet the complex and changing needs of 
        infants, toddlers, children, and youth with 
        disabilities;
          [(C) developing and implementing a comprehensive 
        system of personnel development needed to provide 
        qualified personnel in sufficient number to deliver 
        special education, related services, and early 
        intervention services;
          [(D) developing the capacity to implement practices 
        having the potential to integrate children with 
        disabilities, to the maximum extent appropriate, with 
        children who are not disabled;
          [(E) effectively allocating and using human and 
        fiscal resources for providing early intervention, 
        special education, and related services;
          [(F) strengthening programs and services to improve 
        the progress of children and youth with disabilities 
        while in special education, and to effect a successful 
        transition when such children and youth leave special 
        education;
          [(G) achieving interagency coordination to maximize 
        resource utilization and continuity in services 
        provided to infants, toddlers, children, and youth with 
        disabilities;
          [(H) strengthening parent-school communication and 
        coordination to improve the effectiveness of planning 
        and delivery of interventions and instruction, thereby 
        enhancing development and educational progress; and
          [(I) the identification of environmental, 
        organizational, resource, and other conditions 
        necessary for effective professional practice.
    [(2)(A) The studies and investigations authorized under 
this subsection may be conducted through surveys, interviews, 
case studies, program implementation studies, secondary data 
analyses and syntheses, and other appropriate methodologies.
    [(B) The studies and investigations conducted under this 
subsection shall address the information needs of State and 
local educational agencies for improving program management, 
administration, delivery, and effectiveness.
    [(3) The Secretary shall develop and implement a process 
for the on-going identification of national program information 
needed for improving the management, administration, delivery, 
and effectiveness of programs and services provided under this 
Act. The process shall identify implementation issues, desired 
improvements, and information needed by State and local 
agencies to achieve such improvements, and shall be conducted 
in cooperation with State educational agencies that can ensure 
broad-based statewide input from each cooperating State. The 
Secretary shall publish for public comment in the Federal 
Register every 3 years a program information plan describing 
such information needs. Such program information plan shall be 
used to determine the priorities for, and activities carried 
out under, this subsection to produce, organize, and increase 
utilization of program information. Such program information 
plan shall be included in the annual report submitted under 
section 618 every 3 years.
    [(4) In providing funds under this subsection, the 
Secretary shall require recipients to prepare their procedures, 
findings, and other relevant information in a form that will 
maximize their dissemination and use, especially through 
dissemination networks and mechanisms authorized by this Act, 
and in a form for inclusion in the annual report to Congress 
authorized under subsection (g).
    [(d)(1) The Secretary shall enter into cooperative 
agreements with State educational agencies and other State 
agencies to carry out studies to assess the impact and 
effectiveness of programs, policies, and procedures assisted 
under this Act.
    [(2) The agreements referred to in paragraph (1) shall--
          [(A) provide for the payment of not more than 60 
        percent of the total cost of studies conducted by a 
        participating State agency to assess the impact and 
        effectiveness of this Act; and
          [(B) be developed in consultation with the State 
        Advisory Panel established under section 613(a)(12), 
        local educational agencies, and others involved in, or 
        concerned with, the education of children and youth 
        with disabilities and the provision of early 
        intervention services to infants and toddlers with 
        disabilities.
    [(3) The Secretary shall provide technical assistance to 
participating State agencies in the implementation of the study 
design, analysis, and reporting procedures.
    [(e)(1) The Secretary shall by grant, contract, or 
cooperative agreement, provide for special studies to assess 
progress in the implementation of this Act, and to assess the 
impact and effectiveness of State and local efforts and efforts 
by the Secretary of the Interior to provide free appropriate 
public education to children and youth with disabilities, and 
early intervention services to infants and toddlers with 
disabilities. Reports from such studies shall include 
recommendations for improving programs and services to such 
individuals. The Secretary shall, beginning in fiscal year 1993 
and for every third year thereafter, submit to the appropriate 
committees of each House of the Congress and publish in the 
Federal Register proposed priorities for review and comment.
    [(2) In selecting priorities for fiscal years 1991 through 
1994, the Secretary may give first consideration to--
          [(A) completing a longitudinal study of a sample of 
        students with disabilities, examining--
                  [(i) the full range of disabling conditions;
                  [(ii) the educational progress of students 
                with disabilities while in special education; 
                and
                  [(iii) the occupational, educational, and 
                independent living status of students with 
                disabilities after graduating from secondary 
                school or otherwise leaving special education.
          [(B) conducting pursuant to this subsection a 
        nationally representative study focusing on the types, 
        number, and intensity of related services provided to 
        children with disabilities by disability category.
          [(C) conducting pursuant to this subsection a study 
        that examines the degree of disparity among States 
        which regard to the placement in various educational 
        settings of children and youth with similar 
        disabilities, especially those with mental retardation, 
        and, to the extent such disparity exists, the factors 
        that lead such children and youth to be educated in 
        significantly different educational settings.
          [(D) conducting pursuant to this subsection a study 
        that examines the factors that have contributed to the 
        decline in the number of children classified as 
        mentally retarded since the implementation of this Act, 
        and examines the current disparity among States in the 
        percentage of children so classified.
          [(E) conducting pursuant to this subsection a study 
        that examines the extent to which out-of-community 
        residential programs are used for children and youth 
        who are seriously emotionally disturbed, the factors 
        that influence the selection of such placements, the 
        degree to which such individuals transition back to 
        education programs to their communities, and the 
        factors that facilitate or impede such transition.
          [(F) conducting pursuant to this subsection a study 
        that examines (i) the factors that influence the 
        referral and placement decisions and types of 
        placements, by disability category and English language 
        proficiency, of minority children relative to other 
        children, (ii) the extent to which these children are 
        placed in regular education environments, (iii) the 
        extent to which the parents of these children are 
        involved in placement decisions and in the development 
        and implementation of the individualized education 
        program and the results of such participation, and (iv) 
        the type of support provided to parents of these 
        children that enable these parents to understand and 
        participate in the educational process.
    [(f) The Secretary shall make grants to, or enter into 
contracts or cooperative agreements with, State or local 
educational agencies, institutions of higher education, other 
public agencies, and private nonprofit organizations to support 
activities that organize, synthesize, interpret, and integrate 
information obtained under subsections (c) and (e) with 
relevant knowledge obtained from other sources. Such activities 
shall include the selection and design of content, formats, and 
means for communicating such information effectively to 
specific or general audiences, in order to promote the use of 
such information in improving program administration and 
management, and service delivery and effectiveness.
    [(g)(1)(A) The Secretary is authorized to conduct 
activities, directly or by grant, contract, or cooperative 
agreement, to prepare an annual report on the progress being 
made toward the provision of--
          [(i) a free appropriate public education to all 
        children and youth with disabilities; and
          [(ii) early intervention services for infants and 
        toddlers with disabilities.
    [(B) Not later than 120 days after the close of each fiscal 
year, the Secretary shall transmit a copy of the report 
authorized under subparagraph (A) to the appropriate committees 
of each House of Congress. The annual report shall be published 
and disseminated in sufficient quantities to the education and 
disability communities and to other interested parties.
    [(2) The Secretary shall include each annual report under 
paragraph (1)--
          [(A) a compilation and analysis of data gathered 
        under subsection (b) and under part H; and
          [(B) a description of findings and determinations 
        resulting from monitoring reviews of State 
        implementation of this part.
    [(3) In the annual report under paragraph (1) for fiscal 
year 1991 (which is published in 1992) and for every third year 
thereafter, the Secretary shall include in the annual report--
          [(A) an index of all current projects funded under 
        parts C through G; and
          [(B) data reported under sections 622 and 634.
    [(4) The Secretary shall include in each annual report 
under paragraph (1) the results of research and related 
activities conducted under part E that the Secretary determines 
are relevant to the effective implementation of this Act.
    [(5) The Secretary shall, in consultation with the National 
Council on Disability and the Bureau of Indian Affairs Advisory 
Committee for Exceptional Children, include a description of 
the status of early intervention services for infants and 
toddlers with disabilities from birth through age 2, and 
special education and related services to children with 
disabilities from 3 through 5 years of age (including those 
receiving services through Head Start, developmental 
disabilities programs, crippled children's services, mental 
health/mental retardation agencies, and State child-development 
centers and private agencies under contract with local 
schools).
    [(h) There are authorized to be appropriated $12,000,000 
for fiscal year 1991 and such sums as may be necessary for 
fiscal years 1992 through 1994 to carry out the purposes of 
this section and not more than 30 percent may be used to carry 
out the purposes of subsection (e) of this section.

                           [preschool grants

    [Sec. 619. (a)(1) For fiscal years 1987 through 1989 (or 
fiscal year 1990 if the Secretary makes a grant under this 
paragraph for such fiscal year) the Secretary shall make a 
grant to any State which--
          [(A) has met the eligibility requirements of section 
        612,
          [(B) has a State plan approved under section 613, and
          [(C) provides special education and related services 
        to children with disabilities aged three to five, 
        inclusive.
    [(2)(A) For fiscal year 1987 the amount of a grant to a 
State under paragraph (1) may not exceed--
          [(i) $300 per child with a disability aged three to 
        five, inclusive, who received special education and 
        related services in such State as determined under 
        section 611(a)(3), or
          [(ii) if the amount appropriated under subsection (e) 
        exceeds the product of $300 and the total number of 
        children with disabilities aged three to five, 
        inclusive, who received special education and related 
        services as determined under section 611(a)(3)--
                  [(I) $300 per child with a disability aged 
                three to five, inclusive, who received special 
                education and related services in such State as 
                determined under section 611(a)(3), plus
                  [(II) an amount equal to the portion of the 
                appropriation available after allocating funds 
                to all States under subclause (I) (the excess 
                appropriation) divided by the estimated 
                increase, from the preceding fiscal year, in 
                the number of children with disabilities aged 
                three to five, inclusive, who will be receiving 
                special education and related services in all 
                States multiplied by the estimated increase in 
                the number of such children in such State.
    [(B) For fiscal year 1988, funds shall be distributed in 
accordance with clause (i) or (ii) of paragraph (2)(A), except 
that the amount specified therein shall be $400 instead of 
$300.
    [(C) For fiscal year 1989, funds shall be distributed in 
accordance with clause (i) or (ii) of paragraph (2)(A), except 
that the amount specified therein shall be $500 instead of 
$300.
    [(D) If the Secretary makes a grant under paragraph (1) for 
fiscal year 1990, the amount of a grant to a State under such 
paragraph may not exceed $1,000 per child with a disability 
aged three to five, inclusive, who received special education 
and related services in such State as determined under section 
611(a)(3).
    [(E) If the actual number of additional children served in 
a fiscal year differs for the estimate made under subparagraph 
(A)(ii)(II), the Secretary shall adjust (upwards or downwards) 
a State's allotment in the subsequent fiscal year.
    [(F)(i) The amount of a grant under subparagraph (A), (B), 
or (C) to any State for a fiscal year may not exceed $3,800 per 
estimated child with a disability aged three to five, 
inclusive, who will be receiving or child with a disability, 
age three to five, inclusive, who is receiving special 
education and related services in such State.
    [(ii) If the amount appropriated under subsection (e) for 
any fiscal year exceeds the amount of grants which may be made 
to the States for such fiscal year, the excess amount 
appropriated shall remain available for obligation under this 
section for 2 succeeding fiscal years.
    [(3) To receive a grant under paragraph (1) a State shall 
make an application to the Secretary at such time, in such 
manner, and containing or accompanied by such information as 
the Secretary may reasonably require.
    [(b)(1) For fiscal year 1990 (or fiscal year 1991 if 
required by paragraph (2)) and fiscal years thereafter the 
Secretary shall make a grant to any State which--
          [(A) has met the eligibility requirements of section 
        612, and
          [(B) has a State plan approved under section 613 
        which includes policies and procedures that assure the 
        availability under the State law and practice of such 
        State of a free appropriate public education for all 
        children with disabilities aged three to five, 
        inclusive, and for any two-year-old children provided 
        services by the State under subsection (c)(2)(B)(iii) 
        or by a local educational agency or intermediate 
        educational unit under subsection (f)(2).
    [(2) The Secretary may make a grant under paragraph (1) 
only for fiscal year 1990 and fiscal years thereafter, except 
that if--
          [(A) the aggregate amount that was appropriated under 
        subsection (e) for fiscal years 1987, 1988, and 1989 
        was less than $656,000,000, or
          [(B) the amount appropriated for fiscal year 1990 
        under subsection (e) is less than $306,000,000.

the Secretary may not make a grant under paragraph (1) until 
fiscal year 1991 and shall make a grant under subsection (a)(1) 
for fiscal year 1990.
    [(3) The amount of any grant to any State under paragraph 
(1) for any fiscal year may not exceed $1,500 for each child 
with a disability in such State aged three to five, inclusive.
    [(4) To receive a grant under paragraph (1) a State shall 
make an application to the Secretary at such time, in such 
manner, and containing or accompanied by such information as 
the Secretary may reasonably require.
    [(c)(1) For fiscal year 1987, a State which receives a 
grant under subsection (a)(1) shall--
          [(A) distribute at least 70 percent of such grant to 
        local educational agencies and intermediate educational 
        units in such State in accordance with paragraph (3), 
        except that in applying such section only children with 
        disabilities aged three to five, inclusive, shall be 
        considered.
          [(B) use not more than 25 percent of such grant for 
        the planning and development of a comprehensive 
        delivery system for which a grant could have been made 
        under section 623(b) in effect through fiscal year 1987 
        and for direct and support services for children with 
        disabilities, and
          [(C) use not more than 5 percent of such grant for 
        administrative expenses related to the grant.
    [(2) For fiscal years beginning after fiscal year 1987, a 
State which receives a grant under subsection (a)(1) or (b)(1) 
shall--
          [(A) distribute at least 75 percent of such grant to 
        local educational agencies and intermediate educational 
        units in such State in accordance with paragraph (3), 
        except that in applying such section only children with 
        disabilities aged three to five, inclusive, shall be 
        considered,
          [(B) use not more than 20 percent of such grant--
                  [(i) for planning and development of a 
                comprehensive delivery system,
                  [(ii) for direct and support services for 
                children with disabilities, aged 3 to 5, 
                inclusive, and
                  [(iii) at the State's discretion, to provide 
                a free appropriate public education, in 
                accordance with this Act, to 2-year-old 
                children with disabilities who will reach age 3 
                during the school year, whether or not such 
                children are receiving, or have received, 
                services under part H, and
          [(C) use not more than 5 percent of such grant for 
        administrative expenses related to the grant.
    [(3) From the amount of funds available to local 
educational agencies and intermediate educational units in any 
State under this section, each local educational agency or 
intermediate educational unit shall be entitled to--
          [(A) an amount which bears the same ratio to the 
        amount available under subsection (a)(2)(A)(i) or 
        subsection (a)(2)(A)(ii)(I), as the case may be, as the 
        number of children with disabilities aged three to 
        five, inclusive, who received special education and 
        related services as determined under section 611(a)(3) 
        in such local educational agency or intermediate 
        educational unit bears to the aggregate number of 
        children with disabilities aged three to five, 
        inclusive, who received special education and related 
        services in all local educational agencies and 
        intermediate educational units in the State entitled to 
        funds under this section, and
          [(B) to the extent funds are available under 
        subsection (a)(2)(A)(ii)(II), an amount which bears the 
        same ratio to the amount of such funds as the estimated 
        number of additional children with disabilities aged 
        three to five, inclusive, who will be receiving special 
        education and related services in such local 
        educational agency or intermediate educational unit 
        bears to the aggregate number of such children in all 
        local educational agencies and intermediate educational 
        units in the State entitled to funds under this 
        section.
    [(d) If the sums appropriated under subsection (e) for any 
fiscal year for making payments to States under subsection 
(a)(1) or (b)(1) are not sufficient to pay in full the maximum 
amounts which all States may receive under such subsection for 
such fiscal year, the maximum amounts which all States may 
receive under such subsection for such fiscal year shall be 
ratably reduced by first ratably reducing amounts computed 
under the excess appropriation provision of subsection 
(a)(2)(A)(ii)(II). If additional funds become available for 
making such payments for any fiscal year during which the 
preceding sentence is applicable, the reduced maximum amounts 
shall be increased on the same basis as they were reduced.
    [(e) For grants under subsections (a)(1) and (b)(1) there 
are authorized to be appropriated such sums as may be 
necessary.
    [(f) Each local educational agency or intermediate 
educational unit receiving funds under this section--
          [(1) shall use such funds to provide special 
        education and related services to children with 
        disabilities aged 3 to 5, inclusive, and
          [(2) may, if consistent with State policy, use such 
        funds to provide a free appropriate public education, 
        in accordance with this part, to 2-year-old children 
        with disabilities who will reach age 3 during the 
        school year, whether or not such children are 
        receiving, or have received, services under part H.
    [(g) Part H of this Act does not apply to any child with 
disabilities receiving a free appropriate public education, in 
accordance with this part, with funds received under this 
section.

                               [payments

    [Sec. 620. (a) The Secretary shall make payments to each 
State in amounts which the State educational agency of such 
State is eligible to receive under this part. Any State 
educational agency receiving payments under this subsection 
shall distribute payments to the local educational agencies and 
intermediate educational units of such State in amounts which 
such agencies and units are eligible to receive under this part 
after the State educational agency has approved applications of 
such agencies or units for payments in accordance with section 
614(b).
    [(b) Payments under this part may be made in advance or by 
way of reimbursement and in such installments as the Secretary 
may determine necessary.]

SEC. 616. WITHHOLDING AND JUDICIAL REVIEW.

    (a) Withholding.--
          (1) In general.--Whenever the Secretary, after 
        reasonable notice and an opportunity for a hearing is 
        provided to the State educational agency involved (and 
        to any local educational agency or State agency 
        affected by any failure described in subparagraph (B)), 
        finds--
                  (A) that there has been a failure by the 
                State to comply substantially with any 
                provision of this part; or
                  (B) that there is a failure to comply with 
                any condition of a local educational agency's 
                eligibility or State agency's eligibility under 
                this part,
        the Secretary shall, after notifying the State 
        educational agency, withhold any further payments to 
        the State under this part.
          (2) Limitations.--If the Secretary withholds further 
        payments under paragraph (1), the Secretary may 
        determine that such withholding will be limited to 
        programs or projects, or portions thereof, affected by 
        the failure, or that the State educational agency shall 
        not make further payments under this part to specified 
        local educational agencies or State agencies affected 
        by the failure. Until the Secretary is satisfied that 
        there is no longer any failure to comply with the 
        provisions of this part, as specified in subparagraph 
        (A) or (B) of paragraph (1), no further payments shall 
        be made to the State under this part or payments by the 
        State educational agency under this part shall be 
        limited to local educational agencies or State agencies 
        whose actions did not cause or were not involved in the 
        failure, as the case may be. Any State educational 
        agency, local educational agency, or State agency in 
        receipt of a notice pursuant to paragraph (1) shall, by 
        means of a public notice, take such measures as may be 
        necessary to bring the pendency of an action pursuant 
        to this subsection to the attention of the public 
        within the jurisdiction of such agency.
    (b) Appeals of Eligibility Determinations.--
          (1) Petition.--If any State is dissatisfied with the 
        Secretary's final action with respect to the 
        eligibility of such State under section 612, such State 
        may, within 60 days after notice of such action, file 
        with the United States court of appeals for the circuit 
        in which such State is located a petition for review of 
        that action. A copy of the petition shall be forthwith 
        transmitted by the clerk of the court to the Secretary. 
        The Secretary thereupon shall file in the court the 
        record of the proceedings upon which the Secretary's 
        action was based, as provided in section 2112 of title 
        28, United States Code.
          (2) Findings.--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. The Secretary on remand of the case may make 
        new or modified findings of fact, may modify the 
        previous action of the Secretary, and shall file in the 
        court the record of the further proceedings. Such new 
        or modified findings of fact shall be conclusive if 
        supported by substantial evidence.
          (3) Court's judgment.--Upon the filing of the 
        petition under paragraph (1), the court shall have 
        jurisdiction to affirm the action of the Secretary or 
        to set such action 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. 617. ADMINISTRATION.

    (a) Secretary's Responsibilities.--In carrying out this 
part, the Secretary shall--
          (1) cooperate with, and (directly or through grant or 
        contract) provide the technical assistance necessary 
        to, the State in matters relating to--
                  (A) the education of children with 
                disabilities; and
                  (B) carrying out the requirements of this 
                part;
          (2) provide short-term training programs and 
        institutes; and
          (3) disseminate information about, and otherwise 
        promote, the education of all children with 
        disabilities within the States.
    (b) Rules and Regulations.--Not later than January 1, 1977, 
the Secretary in carrying out the provisions of this part shall 
issue, amend, and revoke such rules and regulations as may be 
necessary. No other less formal method of implementing such 
provisions is authorized.
    (c) Confidentiality.--The Secretary shall take appropriate 
action, in accordance with the provisions of section 444 of the 
General Education Provisions Act (20 U.S.C. 1232g), to ensure 
the protection of the confidentiality of any personally 
identifiable data, information, and records collected or 
maintained by the Secretary and by State and local educational 
agencies pursuant to the provisions of this part.
    (d) Personnel.--The Secretary is authorized to hire 
qualified personnel necessary to conduct data collection and 
evaluation activities authorized by section 618, without regard 
to the provisions of title 5, United States Code, relating to 
appointments in the competitive service and without regard to 
chapter 51 and subchapter III of chapter 53 of such title 
relating to classification and general schedule pay rates 
except that no more than 20 such personnel shall be employed at 
any one time.
    (e) Policy Letters and Statements.--The Secretary may not, 
through policy letters or other statements, establish a rule 
that is required for compliance with and eligibility under this 
part without following the requirements of section 553 of title 
5, United States Code.
    (f) Interpretations by the Department of Education.--
          (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 persons during the previous quarter that 
        describes the interpretations of the Department of 
        Education of this part or the regulations implemented 
        pursuant to this part.
          (2) Additional information.--For each item of 
        correspondence published in a list under paragraph (1), 
        the Secretary shall identify the topic addressed by the 
        correspondence and shall include such other summary 
        information as the Secretary determines appropriate.

SEC. 618. EVALUATION AND PROGRAM INFORMATION.

    (a) Program Information.--Each State that receives 
assistance under this part, and the Secretary of the Interior, 
shall provide data each year to the Secretary--
          (1)(A) on--
                  (i) the number of children with disabilities 
                who are receiving a free appropriate public 
                education;
                  (ii) the number of children with disabilities 
                who are receiving early intervention services;
                  (iii) the number of children with 
                disabilities who are participating in regular 
                education;
                  (iv) the number of children with disabilities 
                who are in separate classes, separate schools 
                or facilities, or public or private residential 
                facilities;
                  (v) the number of children with disabilities 
                who, for each year of age from 14 through 21, 
                stopped receiving special education and related 
                services because of program completion or for 
                other reasons; and
                  (vi) the number of children with disabilities 
                who, from birth through age 2, stopped 
                receiving early intervention services because 
                of program completion or for other reasons; and
          (B) on the number of infants and toddlers who are at 
        risk of having substantial developmental delays (as 
        described in section 672) and who are receiving early 
        intervention services under part H; and
          (2) on any other information as may be required by 
        the Secretary.
    (b) Studies and Evaluations, and National Assessments.--
          (1) In general.--The Secretary shall assess the 
        progress in the implementation of this Act through the 
        studies, evaluations, and assessments described in 
        paragraphs (2) and (3).
          (2) Studies and evaluations.--In carrying out the 
        requirement of paragraph (1), the Secretary shall, 
        directly or through grants, contracts, or cooperative 
        agreements, conduct studies and evaluations necessary 
        to--
                  (A) assess, through quantitative and 
                qualitative data and reporting modes, the 
                effectiveness of State and local efforts to--
                          (i) provide a free appropriate public 
                        education to children with 
                        disabilities; and
                          (ii) provide early intervention 
                        services to infants and toddlers with 
                        disabilities and infants and toddlers 
                        at risk for developmental delay;
                  (B) analyze measurable impact, outcomes, and 
                results achieved by the State educational 
                agencies and local educational agencies through 
                the systems change activities of such agencies 
                to reform policies, procedures, and practices 
                designed to improve the educational and 
                transitional services and results for children 
                with disabilities;
                  (C) analyze the State and local needs for 
                professional development, parent training, and 
                other appropriate activities regarding 
                disciplinary actions involving children with 
                disabilities; and
                  (D) assess the educational and transitional 
                services and results for children with 
                disabilities from unserved and underserved 
                populations, including--
                          (i) data on--
                                  (I) the number of children 
                                from unserved and underserved 
                                populations who are referred 
                                for special education 
                                evaluation;
                                  (II) the number of children 
                                from unserved and underserved 
                                populations who are receiving 
                                special education and related 
                                services; and
                                  (III) the number of children 
                                from unserved and underserved 
                                populations who graduated from 
                                secondary and postsecondary 
                                education programs; and
                                  (ii) the performance of 
                                children with disabilities from 
                                unserved and underserved 
                                populations on State 
                                assessments and other 
                                performance indicators 
                                established for all students.
          (3) National studies, assessments, and evaluations.--
        The Secretary shall, directly or through grants, 
        contracts, or cooperative agreements, conduct studies, 
        assessments, and evaluations (using nationally 
        representative samples) that shall measure the 
        educational and transitional services and results of 
        children with disabilities under this Act. Such 
        studies, assessments, and evaluations shall include--
                  (A) the conduct of a 5-year longitudinal 
                study or studies (utilizing both quantitative 
                and qualitative data and reporting modes)--
                          (i) that examine the educational and 
                        transitional services and results for 
                        children with disabilities aged 3 
                        through 17, who are receiving special 
                        education and related services under 
                        this Act, using a national, 
                        representative sample of distinct age 
                        cohorts and disability categories;
                          (ii) that identify and reports on the 
                        placement of children with disabilities 
                        by disability category; and
                  (iii) that examine the educational results, 
                postsecondary placement, and employment status 
                of individuals with disabilities, aged 18 
                through 21, who are receiving or have received 
                special education and related services under 
                this Act; and
                  (B) the annual collection of data (beginning 
                on October 1, 1998 and every fiscal year 
                thereafter) on the number of children with 
                disabilities suspended, expelled, and subject 
                to other disciplinary actions (such as change 
                in placement), including data disaggregated by 
                age, sex, race, socioeconomic status, 
                disability category, and category of behavior 
                subject to disciplinary action.
        The Secretary shall ensure that the activities 
        described in clauses (i) through (iii) of subparagraph 
        (A) are not duplicated by any entity selected through a 
        grant, contract, or cooperative agreement under 
        paragraph (2).
    (c) Tracking and Reporting Requirements.--
          (1) Post-school outcome tracking.--The Secretary 
        shall, directly or through contracts, conduct a study 
        on the post-school outcomes for children with 
        disabilities who have been expelled from school, and 
        shall develop a procedure for State educational 
        agencies to monitor the status of the children, based 
        on categories developed by the Secretary, including the 
        monitoring of the status of such children through 
        followup information regarding the employment status of 
        the children, the return of the children to school, the 
        graduation of the children, high school equivalency 
        examinations taken by the children, and residential 
        incarceration of the children.
          (2) Collection and tracking.--Each State educational 
        agency shall bear the costs of collecting and reporting 
        any information requested by the Secretary regarding 
        the students described in paragraph (1) including, 
        information on--
                (A) the number and nature of disciplinary 
                actions against children expelled under section 
                615A; and
                (B) post-school outcomes collected under the 
                procedure developed under paragraph (1).
          (3) Reports by the secretary.--The Secretary shall 
        collect the information described in paragraph (2) and 
        shall--
                  (A) not later than 2 years after the date of 
                enactment of the Individuals with Disabilities 
                Education Act Amendments of 1996, prepare and 
                submit an interim report concerning the 
                information to the Committee on Labor and Human 
                Resources of the Senate and the Committee on 
                Economic and Educational Opportunities of the 
                House of Representatives; and
                  (B) not later than 4 years after the date of 
                enactment of the Individuals with Disabilities 
                Education Act Amendments of 1996, prepare and 
                submit a final report concerning the 
                information to the Committee on Labor and Human 
                Resources of the Senate and the Committee on 
                Economic and Educational Opportunities of the 
                House of Representatives.
    (d) Annual Report.--Not later than 120 days after the 
expiration of each fiscal year, the Secretary shall prepare and 
submit to Congress a report that includes--
          (1) an analysis and summary of the data reported by 
        the States and the Secretary of the Interior under 
        subsection (a);
          (2) the results of activities conducted under 
        subsection (b);
          (3) the findings and determinations resulting from 
        reviews of States with respect to the implementation of 
        this Act; and
          (4) recommendations with respect to the 
        implementation of this Act to improve the educational 
        and transitional services and results for children with 
        disabilities and their families.
    (e) Additional Sources of Information.--The Secretary may 
collect and use information collected from various sources for 
reporting to Congress, including the collection and use of 
State evaluations and available research studies, in carrying 
out this section.
    (f) Reservation for Studies and Evaluations.--
Notwithstanding any provision of this Act, the Secretary may 
reserve, in addition to any funds appropriated under this 
section, up to one-half of one percent of the amount 
appropriated under this part and part H for each fiscal year to 
carry out the purposes of this section.
    (g) Authorization of Appropriations.--For purposes of 
carrying out this section, there are authorized to be 
appropriated $4,100,000 for fiscal year 1997 and such sums as 
may be necessary for succeeding fiscal years.
    (h) Applicability of Definitions.--Any term used in this 
section that is defined in section 602 (as amended by section 
102 of the Individuals with Disabilities Education Act 
Amendments of 1996) shall have the meaning given such term in 
such section.

SEC. 619. PRESCHOOL GRANTS.

    (a) Purpose of Grants.--The Secretary shall make grants to 
States and the outlying areas to assist in the provision of 
special education and related services, in accordance with this 
part--
          (1) to children with disabilities aged 3 through 5; 
        and
          (2) at the discretion of the State, to 2-year-old 
        children with disabilities who will turn age 3 during 
        the school year.
    (b) Eligibility.--A State or outlying area is eligible for 
a grant under this section if the State or outlying area--
          (1) has established its eligibility under section 
        612; and
          (2) makes a free appropriate public education 
        available to all children with disabilities, aged 3 
        through 5, residing in the jurisdiction of the State or 
        the outlying area.
    (c) Allocations.--Of the funds made available under this 
section, the Secretary shall allocate to each eligible State 
and each outlying area, the State's or outlying area's pro rata 
share of the available funds based upon the count of the State 
on the number of children with disabilities, aged 3 through 5, 
consistent with section 611(a)(3). The amount of any grant to 
any State or outlying area under this section for any fiscal 
year may not exceed $1,500 for each child with a disability in 
such State or outlying area, aged 3 through 5.
    (d) State-Level Activities.--
          (1) In general.--A State may retain not more than 25 
        percent of the amount of the grant that the State 
        receives under this section for administration and 
        other State-level activities in accordance with 
        subsections (e) and (f).
          (2) Inapplicability of certain requirements.--A State 
        may use the funds that the State retains under 
        paragraph (1) without regard to--
                  (A) the prohibition on commingling of funds 
                under section 612(a)(18)(A)(ii); and
                  (B) the prohibition on supplanting other 
                funds under section 612(a)(18)(A)(iii).
    (e) State Administration.--
          (1) In general.--Each State and outlying area may use 
        not more than 5 percent of the amount of the grant that 
        the State and outlying area receive under this section 
        for any fiscal year for the purpose of administering 
        this part, including the coordination of activities 
        under this part with, and providing technical 
        assistance to, other programs that provide services to 
        children with disabilities.
          (2) Administration of part h.--Funds described in 
        paragraph (1) may also be used for the administration 
        of part H, if the State educational agency is the lead 
        agency for the State under that part.
    (f) Other State-Level Activities.--A State shall use any 
funds that the State retains under subsection (d) and does not 
use for administration under subsection (e)--
          (1) for support services (including establishing and 
        implementing the mediation process required by section 
        615(e)), which may benefit children with disabilities 
        younger than age 3 and older than age 5 as long as such 
        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)(16);
          (4) to supplement other funds used to develop and 
        implement a fully integrated and coordinated statewide 
        system that links education, health, social welfare 
        services, support systems, and other community 
        entities, in a manner designed to improve the 
        educational and transitional results for all children 
        and their families (including children with 
        disabilities and their families), but not to exceed 1 
        percent of the amount received by the State under this 
        section; or
          (5) for other activities at the discretion of the 
        State educational agency that are consistent with the 
        purpose of this part.
    (g) Subgrants to Local Educational Agencies and State 
Agencies.--
          (1) Requirement to make subgrants.--A State that 
        receives a grant under this section for any fiscal year 
        shall distribute at least 75 percent of the grant funds 
        to local educational agencies in the State that have 
        established eligibility under section 613, and to State 
        agencies that received funds for fiscal year 1994 under 
        subpart 2 of part D of chapter 1 of title I of the 
        Elementary and Secondary Education Act of 1965 (as such 
        subpart was in effect on the day preceding the date of 
        enactment of the Improving America's Schools Act of 
        1994) and that have established their eligibility under 
        section 613.
          (2) Methods of distribution.--From the amount of 
        funds available to local educational agencies or State 
        agencies in any State under this section, each local 
        educational agency shall be entitled to the pro rata 
        share of the available funds based on the aggregate 
        number of children with disabilities aged 3 through 5 
        who received special education and related services as 
        determined under section 611.
    (h) Part H Inapplicability.--Part H 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) Outlying Areas.--The provisions of section 501 of 
Public Law 95-134 (48 U.S.C. 1469a), permitting the 
consolidation of grants to outlying areas, shall not apply to 
funds received by such areas under this section.
    (j) Definition of State.--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.
    (k) Authorization of Appropriations.--For the purpose of 
carrying out this section, there are authorized to be 
appropriated such sums as may be necessary.

SEC. 620. PAYMENTS.

    (a) Payments to States.--The Secretary shall make payments 
to each State that has demonstrated the eligibility of the 
State under section 612, in amounts that the Secretary 
determines under sections 611 and 619.
    (b) Payments to Local Educational Agencies and State 
Agencies.--Any State educational agency receiving payments 
under this section shall distribute payments to local 
educational agencies (and to State agencies that received funds 
for fiscal year 1994 under subpart 2 of part D of chapter 1 of 
title I of the Elementary and Secondary Education Act of 1965 
(as such subpart was in effect on the day preceding the date of 
enactment of the Improving America's Schools Act of 1994)) in 
the State that the State educational agency has determined are 
eligible under section 613, in amounts determined under 
sections 611 and 619.

SEC. 620A. APPLICABILITY OF DEFINITIONS.

    The definitions used in section 602 (as in effect on the 
day before the date of enactment of the Individuals with 
Disabilities Education Act Amendments of 1996) shall apply to 
this part, except as provided in section 615A and section 618.
          * * * * * * *

[Part C--Centers and Services to Meet Special Needs of Individuals With 
                              Disabilities

                 [regional resource and federal centers

    [Sec. 621. (a) The Secretary may make grants to, or enter 
into contracts or cooperative agreements with, institutions of 
higher education, public agencies, private nonprofit 
organizations, State educational agencies, or combinations of 
such agencies or institutions (which combinations may include 
one or more local educational agencies) within particular 
regions of the United States, to pay all or part of the cost of 
the establishment and operation of regional resource centers 
that focus on special education and related services and early 
intervention services. Each regional resource center shall 
provide consultation, technical assistance, and training, as 
requested, to State educational agencies and through such State 
educational agencies to local educational agencies and to other 
appropriate public agencies providing special education and 
related services and early intervention services. The services 
provided by a regional resource center shall be consistent with 
the priority needs identified by the States served by the 
center. Each regional resource center established or operated 
under this section shall--
          [(1) assist in identifying and solving persistent 
        problems in providing quality special education and 
        related services for children and youth with 
        disabilities and every intervention services to infants 
        and toddlers with disabilities and their families,
          [(2) assist in developing, identifying, and 
        replicating successful pograms and practices which will 
        improve special education and related services to 
        children and youth with disabilities and their families 
        and early intervention services to infants and toddlers 
        with disabilities and their families,
          [(3) gather and disseminate information to all State 
        educational agencies within the region and coordinate 
        activities with other centers assisted under this 
        subsection and other relevant programs and projects 
        conducted under parts C through G and by the Department 
        of Education,
          [(4) assist in the improvement of information 
        dissemination to and training activities for 
        professionals and parents of infants, toddlers, 
        children, and youth with disabilities, and
          [(5) provide information to and training for 
        agencies, institutions, and organizations, regarding 
        techniques and approaches for submitting applications 
        for grants, contracts, and cooperative agreements under 
        this part and parts D through G.
    [(b) In determining whether to approve an application for a 
project under subsection (a), the Secretary shall utilize 
criteria for setting criteria that are consistent with the 
needs identified by States within the region served by such 
center, consistent with requirements established by the 
Secretary under subsection (f), and, to the extent appropriate, 
consistent with requirements under section 610, and shall 
consider the need for such a center in the region to be served 
by the applicant and the capability of the applicant to fulfill 
the responsibilities under subsection (a).
    [(c) [Each regional] Except as otherwise required by the 
Secretary, each regional resource center shall report a summary 
of materials produced or developed and the summaries reported 
shall be included in the annual report to Congress required 
under section 618.
    [(d) The Secretary may establish one coordinating technical 
assistance center focusing on national priorities established 
by the Secretary to assist the regional resource centers in the 
delivery of technical assistance, consistent with such national 
priorities. Such coordinating technical assistance center is 
authorized to--
          [(1) provide information to, and training for, 
        agencies, institutions, and organizations, regarding 
        techniques and approaches for submitting applications 
        for grants, contracts, and cooperative agreements under 
        this parts D through G, and shall make such information 
        available to the regional resource centers on request;
          [(2) give priority to providing technical assistance 
        concerning the education of children with disabilities 
        from minority backgrounds;
          [(3) exchange information with, and, where 
        appropriate, cooperate with, other centers addressing 
        the needs of children with disabilities from minority 
        backgrounds; and
          [(4) provide assistance to State educational 
        agencies, through the regional resource centers, for 
        the training of hearing officers.
    [(e) Before using funds made available in any fiscal year 
to carry out this section for purposes of subsection (d), not 
less than the amount made available in the previous fiscal year 
for regional resource centers under subsection (a) shall be 
made available for such centers and in no case shall more than 
$500,000 be made available for the center under subsection (d).
    [(f)(1) The Secretary shall develop guidelines and criteria 
for the operation of Regional and Federal Resource Centers. In 
developing such criteria and guidelines, the Secretary shall 
establish a panel representing the Office of Special Education 
Programs staff, State special education directors, 
representatives of disability advocates, and, when appropriate, 
consult with the regional resource center directors.
    [(2) Such guidelines and criteria shall include--
          [(A) a description of how the Federal and Regional 
        Resource Centers Program will be administered by the 
        Secretary;
          [(B) a description of the geographic region each 
        Center is expected to serve;
          [(C) a description of the role of a Center in terms 
        of expected leadership and dissemination efforts;
          [(D) a description of expected relationships with 
        State agencies, research and demonstration centers, and 
        with other entities deemed necessary;
          [(E) a description of how a Center will be evaluated; 
        and
          [(F) other guidelines and criteria deemed necessary.
    [(3) The Secretary shall publish in the Federal Register by 
July 1, 1991, for review and comment, proposed and (then 
following such review and comment) final guidelines developed 
by the panel.
          * * * * * * *

              [services for deaf-blind children and youth

    [Sec. 622. (a)(1) The Secretary is authorized to make 
grants to, or to enter into cooperative agreements or contracts 
with, public or nonprofit private agencies, institutions, or 
organizations to assist State educational agencies, local 
educational agencies, and designated lead agencies under part H 
to--
          [(A) assure deaf-blind infants, toddlers, children 
        and youth provision of special education, early 
        intervention, and related services as well as 
        vocational and transitional services; and
          [(B) make available to deaf-blind youth (who are in 
        the process of transitioning into adult services) 
        programs, services, and supports to facilitate such 
        transition, including assistance related to independent 
        living and competitive employment.
    [(2) For purposes of this section, the term ``deaf-blind'', 
with respect to children and youth, means having auditory and 
visual impairments, the combination of which creates such 
severe communication and other developmental and learning needs 
that they cannot be appropriately educated in special education 
programs solely for children and youth with hearing 
impairments, visual impairments, or severe disabilities, 
without supplementary assistance to address their educational 
needs due to these dual, concurrent disabilities.
    [(3)(A) A grant, cooperative agreement, or contract may be 
made under paragraph (1)(A) only for programs providing--
          [(i) technical assistance to agencies, institutions, 
        or organizations providing educational or early 
        intervention services to deaf-blind infants, toddlers, 
        children, or youth;
          [(ii) preservice or inservice training to 
        paraprofessionals, professionals, or related services 
        personnel preparing to serve, or serving, deaf-blind 
        infants, toddlers, children, or youth;
          [(iii) replication of successful innovative 
        approaches to providing educational, early 
        intervention, or related services to deaf-blind 
        infants, toddlers, children, and youth;
          [(iv) pilot projects that are designed to--
                  [(I) expand local educational agency 
                capabilities by providing services to deaf-
                blind children and youth that supplement 
                services already provided to children and youth 
                through State and local resources; and
                  [(II) encourage eventual assumption of 
                funding responsibility by State and local 
                authorities;
          [(v) the development, improvement, or demonstration 
        of new or existing methods, approaches, or techniques 
        that contribute to the adjustment and education of 
        deaf-blind infants, toddlers, children, and youth; or
          [(vi) facilitation of parental involvement in the 
        education of their deaf-blind infants, toddlers, 
        children, and youth.
    [(B) The programs described in subparagraph (A) may 
include--
          [(i) the diagnosis and educational evaluation of 
        infants, toddlers, children, and youth who are likely 
        to be diagnosed as deaf-blind;
          [(ii) programs of adjustment, education, and 
        orientation for deaf-blind infants, toddlers, children, 
        and youth; and
          [(iii) consultative, counseling, and training 
        services for the families of deaf-blind infants, 
        toddlers, children, and youth.
    [(4) A grant, cooperative agreement, or contract pursuant 
to paragraph (1)(B) may be made only for programs providing (A) 
technical assistance to agencies, institutions, and 
organizations that are preparing deaf-blind adolescents for 
adult placements, or that are preparing to receive deaf-blind 
young adults into adult living and work environments, or that 
serve, or propose to serve, deaf-blind individuals (B) training 
or inservice training to paraprofessionals or professionals 
serving, or preparing to serve, such individuals; and (C) 
assistance in the development or replication of successful 
innovative approaches to providing rehabilitative, supervised, 
semisupervised, or independent living programs.
    [(5) In carrying out this subsection, the Secretary is 
authorized to enter into a number of grants or cooperative 
agreements to establish and support single and multi-State 
centers for the provision of technical assistance and pilot 
supplementary services, for the purposes of program development 
and expansion, for children and youth with deaf-blindness and 
their families.
    [(b) The Secretary is also authorized to enter into a 
limited number of cooperative agreements or contracts to 
establish and support regional programs for the provision of 
technical assistance in the education of deaf-blind children 
and youth.
    [(c)(1) Programs supported under this section shall report 
annually to the Secretary on (A) the numbers of deaf-blind 
children and youth served by age, severity, sex, and nature of 
deaf-blindness; (B) the number of paraprofessionals, 
professionals, and family members directly served by each 
activity; (C) the types of services provided and the setting in 
which the services are provided; and (D) student outcomes, 
where appropriate.
    [(2) The Secretary shall examine the number of deaf-blind 
children and youth (A) reported under subparagraph (c)(1)(A) 
and by the States; (B) served by the programs under part B of 
this Act; and (C) the Deaf-Blind Registry of each State. The 
Secretary shall revise the count of deaf-blind children and 
youth to reflect the most accurate count.
    [(3) The Secretary shall summarize these data for 
submission in the annual report required under section 618.
    [(d) The Secretary shall make a grant, or enter into a 
contract or cooperative agreement, for a national clearinghouse 
for children and youth with deaf-blindness--
          [(1) to identify, coordinate, and disseminate 
        information on deaf-blindness, emphasizing information 
        concerning effective practices in working with deaf-
        blind infants, toddlers, children, and youth;
          [(2) to interact with educators, professional groups, 
        and parents to identify areas for programming, 
        materials development, training, and expansion of 
        specific services;
          [(3) to maintain a computerized data base on local, 
        regional, and national resources; and
          [(4) to respond to information requests for 
        professionals, parents, and members of the community.
    [(e) In carrying out this section, the Secretary shall take 
into consideration the availability and quality of existing 
services for deaf-blind infants, toddlers, children, and youth 
in the country, and, to the extent practicable, ensure that all 
parts of the country have an opportunity to receive assistance 
under this section.
    [(f) the Secretary may make grants to, or enter into 
contracts or cooperative agreements with organizations or 
public or nonprofit private agencies, as determined by the 
Secretary to be appropriate, to address the needs of children 
and youth with deaf-blindness, for--
          [(1) research to identify and meet the full range of 
        special needs of such children and youth; and
          [(2) the development and demonstration of new, or 
        improvements in existing methods, approaches, or 
        techniques that would contribute to the adjustment and 
        education of children and youth with deaf-blindness.

            [early education for children with disabilities

    [Sec. 623. (a)(1) The Secretary may arrange by contract, 
grant, or cooperative agreement with appropriate public 
agencies and private nonprofit organizations, for the 
development and operation of experimental, demonstration, and 
outreach preschool and early intervention programs for children 
with disabilities, including individuals who are at risk of 
having substantial developmental delays if early intervention 
services are not provided, which the Secretary determines show 
promise of promoting a comprehensive and strengthened approach 
to the special needs of these children. Such programs shall 
include activities and services designed to--
          [(A) facilitate the intellectual, emotional, physical 
        mental, social, speech or other communication mode, 
        language development, and self-help skills of such 
        children,
          [(B) provide family education and include a parent or 
        their representative of such child, as well as 
        encourage the participation of the parents of such 
        children in the development and operation of any such 
        program,
          [(C) acquaint the community to be served by any such 
        program with the special needs and potentialities of 
        such children,
          [(D) offer training about exemplary models and 
        practices, including interdisciplinary models and 
        practices, to State and local personnel who provide 
        services to children with disabilities from birth 
        through age 8 and to the parents of such children,
          [(E) support the adoption of exemplary models and 
        practices in States and local communities, including 
        the involvement of adult role models with disabilities 
        at all levels of the program,
          [(F) facilitate and improve the early identification 
        of infants and toddlers with disabilities or those 
        infants and toddlers at risk of having developmental 
        disabilities,
          [(G) facilitate the transition of infants with 
        disabilities or infants at risk of having developmental 
        delays, from medical care to early intervention 
        services, and the transition from early intervention 
        services to preschool special education or regular 
        education services (especially where the lead agency 
        for early intervention programs under part H is not the 
        State educational agency),
          [(H) promote the use of assistive technology devices 
        and assistive technology services, where appropriate to 
        enhance the development of infants and toddlers with 
        disabilities,
          [(I) facilitate and improve outreach to low-income, 
        minority, rural, and other underserved populations 
        eligible for assistance under parts B and H,
          [(J) support statewide projects in conjunction with a 
        State's application under part H and a State's plan 
        under part B, to change the delivery and early 
        intervention services to infants and toddlers with 
        disabilities, and to change the delivery of special 
        education and related services to preschool children 
        with disabilities, from segregated to integrated 
        environments, and
          [(K) increase the understanding of, and address, the 
        early intervention and preschool needs of children 
        exposed prenatally to maternal substance abuse.
    [(2) Programs authorized by paragraph (1) shall be 
coordinated with similar programs in the schools operated or 
supported by State or local educational agencies of the 
community to be served and with similar programs operated by 
other public agencies in such community.
    [(3) As much as is feasible, programs assisted under 
paragraph (1) shall be geographically dispersed throughout the 
Nation in urban as well as rural areas.
    [(4)(A) Except as provided in subparagraph (B), no 
arrangement under paragraph (1) shall provide for the payment 
of more than 90 percent of the total annual costs of 
development operation, and evaluation of any program. Non-
Federal contributions may be in cash or in kind, fairly 
evaluated, including plant, equipment, and services.
    [(B) The Secretary may waive the requirement of 
subparagraph (A) in the case of an arrangement entered into 
under paragraph (1) with governing bodies of Indian tribes 
located on Federal or State reservations and with consortia of 
such bodies.
    [(b) The Secretary shall fund up to 5 grants to States for 
3 years for the purpose of establishing an inter-agency, multi-
disciplinary, and coordinated statewide system for the 
identification, tracking, and referral to appropriate services 
for all categories of children who are biologically and/or 
environmentally at-risk of having developmental delays. To the 
extent feasible, such grants shall be geographically dispersed 
throughout the Nation in urban and rural areas. Each grantee 
must--
          [(1) create a data system within the first year to 
        document the numbers and type of at-risk children in 
        the State and that develops linkages with all 
        appropriate existing child data and tracking systems 
        that assist in providing information;
          [(2) coordinate activities with the child find 
        component required under parts B and H of this Act;
          [(3) demonstrate the involvement of the lead agency 
        and the State interagency coordinating council under 
        part H as well as the State educational agency under 
        part B;
          [(4) coordinate with other relevant prevention 
        activities across appropriate service agencies, 
        organizations, councils, and commissions;
          [(5) define an appropriate service delivery system 
        based on children with various types of at-risk 
        factors;
          [(6) document the need for additional services as 
        well as barriers; and
          [(7) disseminate findings and information in the 
        manner prescribed in section 610(g).
    [(c) The Secretary shall arrange by contract, grant, or 
cooperative agreement with appropriate public agencies and 
private non-profit organizations for the establishment of a 
technical assistance development system to assist entities 
operating experimental, demonstration, and outreach programs 
and to assist State agencies to expand and improve services 
provided to children with disabilities. This technical 
assistance development system shall provide assistance to 
parents of and advocates for infants, toddlers, and children 
with disabilities, as well as direct service and administrative 
personnel involved with such children, Information from the 
system should be aggressively disseminated through established 
information networks and other mechanisms to ensure both an 
impact and benefit at the community level. The Secretary shall 
ensure that the technical assistance provided under this 
subsection includes assistance to part H State agencies on 
procedures for use by primary referral sources in referring a 
child to the appropriate agency within the system for 
evaluation, assessment, or service.
    [(d) The Secretary shall arrange by contract, grant, or 
cooperative agreement with appropriate public agencies and 
private nonprofit organizations for the establishment of early 
childhood research institutes to carry on sustained research to 
generate and disseminate new information on preschool and early 
intervention for children with disabilities and their families. 
Such institutes shall disseminate this information in the 
manner prescribed in section 610(g).
    [(e) The Secretary may make grants to, or enter into 
contracts or cooperative agreements under this section with, 
such organizations or institutions, as are determined by the 
Secretary to be appropriate, for research to identify and meet 
the full range of special needs of children with disabilities 
and for training of personnel for programs specifically 
designed for children with disabilities, including programs to 
integrate children with disabilities into regular preschool 
programs.
    [(f) At least one year before the termination of a grant, 
contract, or cooperative agreement made or entered into under 
subsections (c) and (d), the Secretary shall publish in the 
Federal Register a notice of intent to accept applications for 
such a grant, contract, or cooperative agreement contingent on 
the appropriation of sufficient funds by Congress.
    [(g) For purposes of this section the term ``children with 
disabilities includes children from birth through eight years 
of age, including infants and toddlers with disabilities.
    [(h) The Secretary may make grants to, or enter into 
contracts or cooperative agreements with, institutions of 
higher education and nonprofit private organizations to 
synthesize the knowledge developed under this section and 
organize, integrate,and present such knowledge so it ban be 
incorporated and imparted to parents, professionals, and others 
providing or preparing to provide pre-school or early 
intervention services and to persons designing pre-school or 
early intervention programs.

            [programs for children with severe disabilities

    [Sec. 624. (a) The Secretary may make grants to, or enter 
into contracts or cooperative agreements with, appropriate 
public agencies and nonprofit organizations to address the 
special education, related services, early intervention, and 
integration needs of infants, toddlers, children,and youth with 
severe disabilities through--
          [(1) research to identify and meet the full range of 
        special education, related services, and early 
        intervention needs of such children and youth with 
        disabilities, including their need for transportation 
        to and from school,
          [(2) the development or demonstration of new, or 
        improvements in existing, methods, approaches, or 
        techniques which would contribute to the adjustment and 
        education of such children and youth with disabilities,
          [(3) training of special and regular education, 
        related services, and early intervention personnel for 
        programs specifically designed for such infants, 
        toddlers, children and youth, including training of 
        regular teachers, instructors, and administrators (the 
        goal of which is to serve infants, toddlers, children, 
        and youth with disabilities) that includes integrated 
        settings for educating such children along side their 
        nondisabled peers,
          [(4) dissemination of materials and information about 
        practices found effective in working with such children 
        and youth by utilizing existing networks as prescribed 
        in section 610(g) and
          [(5) statewide projects, in conjunction with the 
        State's plan under part B, to improve the quality of 
        special education and related services for children and 
        youth with severe disabilities, and to change the 
        delivery of those services from segregated to 
        integrated environments.
    [(b) The Secretary is authorized to make grants to, or 
enter into contracts or cooperative agreements with, public or 
private non-profit private agencies, institutions, or 
organizations for the development and operation of extended 
school year demonstration programs for infants, toddlers, 
children, and youth with severe disabilities.
    [(c) In making grants and entering into contracts and 
cooperative agreements under subsection (a), the Secretary 
shall ensure that the activities funded under such grants, 
contracts, or cooperative agreements will be coordinated with 
similar activities funded from grants and contracts under other 
sections of this Act.
    [(d) To the extent feasible, programs authorized by 
subsection (a) shall be geographically dispersed throughout the 
Nation in urban and rural areas.
    [(e) In awarding such grants and contracts under this 
section, the Secretary shall include a priority on programs 
that increase the likelihood that these children and youth will 
be educated with their nondisabled peers.

                        [postsecondary education

    [Sec. 625. (a)(1) The Secretary may take grants to, or 
enter into contracts with, State educational agencies, 
institutions of higher education, junior and community 
colleges, vocational and technical institutions, and other 
appropriate nonprofit educational agencies for the development, 
operation, and dissemination of specially designed model 
programs of postsecondary, vocational technical, continuing, or 
adult education for individuals with disabilities. Such model 
programs may include joint projects that coordinate with 
special education and transition services.
    [(2) In making grants or contracts on a competitive basis 
under paragraph (1), the Secretary shall give priority 
consideration to 4 regional centers for the deaf and to model 
programs for individuals with disabling conditions other than 
deafness--
          [(A) for developing and adapting programs of 
        postsecondary, vocational, technical, continuing, or 
        adult education to meet the special needs of 
        individuals with disabilities, and
          [(B) for programs that coordinate, facilitate, and 
        encourage education of individuals with disabilities 
        with their non-disabled peers; and
          [(C) for outreach activities that include the 
        provision of technical assistance to strengthen efforts 
        in the development, operation, and design of model 
        programs that are adapted to the special needs of 
        individuals with disabilities.
    [(3) Persons operating programs for persons with 
disabilities under a grant or contract under paragraph (1) must 
coordinate their efforts with and disseminate information about 
their activities to the clearinghouse on postsecondary programs 
established under section 633(b).
    [(4) At least one year before the termination of a grant or 
contract with any of the 4 regional centers for the deaf, the 
Secretary shall publish in the Federal Register a notice of 
intent to accept applications for such grant or contract, 
contingent on the appropriation of sufficient funds by 
Congress.
    [(5) To the extent feasible, programs authorized by 
paragraph (1) shall be geographically dispersed throughout the 
Nation in urban and rural areas.
    [(6) Of the sums made available for programs under 
paragraph (1), not less than $4,000,000 shall first be 
available for the 4 regional centers for the deaf. The 
Secretary shall continue to provide assistance through 
September 30, 1994, to the current grantees operating the four 
regional centers for the deaf under subsection (a) of this 
section. The Secretary shall continue to provide such 
assistance through September 30, 1995, unless the authorization 
of appropriations for parts C-G of the Act is extended by 
September 30, 1994.]
    [(b) For purposes of subsection (a), the term ``individuals 
with disabilities'' means individuals--
          [(1) with mental retardation, hearing impairments 
        including deafness, speech or language impairments, 
        visual impairments including blindness, serious 
        emotional disturbance, orthopedic impairments, autism, 
        traumatic brain injury, other health impairments, or 
        specific learning disabilities; and
          [(2) who, by reason thereof, need special education 
        and related services.]
          * * * * * * *

      PART C--PROMOTING SYSTEMS CHANGE TO IMPROVE EDUCATIONAL AND 
    TRANSITIONAL SERVICES AND RESULTS FOR CHILDREN WITH DISABILITIES

SEC. 621. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
          (1) States are responding with some success to 
        multiple pressures to improve educational and 
        transitional services and results for children with 
        disabilities in response to growing demands imposed by 
        ever-changing factors, such as demographics, social 
        policies, and labor and economic markets.
          (2) In order for States to address such demands and 
        to facilitate lasting systems change that is of benefit 
        to all students, including children with disabilities, 
        States must involve local educational agencies, 
        individuals with disabilities and their families, and 
        other interested individuals and organizations in 
        planning and implementation activities that affect 
        education.
          (3) Targeted Federal financial resources are needed 
        to support planning, needs assessment, implementation, 
        and evaluation of better ways to address the needs of 
        children with disabilities into the next century.
          (4) State educational agencies, in partnership with 
        local educational agencies and other individuals and 
        organizations, are in the best position to identify and 
        design ways to meet emerging and expanding demands to 
        improve education for children with disabilities and to 
        address their special needs.
          (5) Research, demonstration, and practice over the 
        past 20 years in special education and related 
        disciplines have built a foundation of knowledge on 
        which State and local systems change activities can now 
        be based.
          (6) Such research, demonstration, and practice in 
        special education and related disciplines have 
        demonstrated that an effective educational system now 
        and in the future must--
                  (A) maintain high academic standards and 
                clear performance goals for children with 
                disabilities, consistent with the standards and 
                expectations for all students in the 
                educational system, and provide for appropriate 
                and effective strategies and methods to ensure 
                that students who are children with 
                disabilities have maximum opportunities to 
                achieve such standards and goals;
                  (B) create a system that fully addresses the 
                needs of all students, including students who 
                are children with disabilities, by linking and 
                coordinating the requirements of parts B and H 
                with other systemic reform initiatives;
                  (C) clearly define, in measurable terms, the 
                school and postschool results that children 
                with disabilities will achieve through their 
                participation in general and special education 
                programs;
                  (D) promote service integration, and the 
                coordination of State and local education, 
                social, health, and mental health supports, and 
                other interagency supports, in addressing the 
                full range of student needs, particularly the 
                needs of students who are children with 
                disabilities and have significant and multiple 
                disabilities;
                  (E) ensure that children with disabilities 
                are provided assistance and support in making 
                transitions as described in clauses (i) through 
                (iii) of section 614(a)(2)(B);
                  (F) promote comprehensive programs of 
                professional development to ensure that the 
                persons responsible for the education or such a 
                transition of children with disabilities 
                possess the skills and knowledge necessary to 
                address the educational and related needs of 
                the children;
                  (G) create school-based disciplinary 
                strategies that will be used to reduce or 
                eliminate the need to use suspension and 
                expulsion as disciplinary options for children 
                with disabilities;
                  (H) establish placement-neutral funding 
                formulas and cost-effective strategies for 
                serving children with disabilities in special 
                education and general education; and
                  (I) involve individuals with disabilities and 
                parents of children with disabilities in 
                planning, implementing, and evaluating 
                educational system innovations and reforms.
    (b) Purpose.--The purpose of this part is to assist and 
provide incentives to State educational agencies, working in 
partnership with local educational agencies, and other 
interested individuals, agencies, and organizations, described 
in section 623(a), to carry out systems change activities that 
will improve policies, procedures, and practices, and training, 
and the use of personnel, parents, and school-age peers of 
children with disabilities that will contribute to improved 
early intervention, educational and transitional services and 
results for children with disabilities in demonstrable and 
measurable ways.

SEC. 622. GRANTS TO STATE EDUCATIONAL AGENCIES.

    (a) Grant Award.--
          (1) In general.--The Secretary shall award grants, on 
        a competitive basis, to State educational agencies, 
        working in partnership with local educational agencies 
        and other individuals and organizations described in 
        section 623(a), to support systems change activities 
        that benefit, in demonstrable and measurable ways, 
        children with disabilities.
          (2) Activities benefiting multiple states.--To pursue 
        systems change activities that benefit children with 
        disabilities and their families in more than 1 State, 
        recipients of such grants may collaborate in carrying 
        out projects under this part through such activities as 
        joint arrangements with 1 or more institutions of 
        higher education, sharing of project staff, and joint 
        use of consultants.
    (b) Types of Grants.--
          (1) In general.--In awarding grants under subsection 
        (a), the Secretary may award either a planning grant or 
        an implementation grant to a State educational agency 
        applying for funds under this part that forms a 
        partnership described in section 623(a) that applies 
        for funds under this part.
          (2) Planning grants.--
                  (A) Application.--An applicant may apply 
                under section 623(b) for a planning grant to 
                develop systems change activities.
                  (B) Duration.--A planning grant referred to 
                in paragraph (1) shall be awarded for a period 
                of 1 year.
                  (C) Renewal of 1-year grants.--A grant that 
                has been awarded for a 1-year period in 
                accordance with subparagraph (B) may be renewed 
                for an additional 1-year period.
          (3) Implementation grants.--
                  (A) Application.--An applicant may apply 
                under section 623(c) for an implementation 
                grant to carry out systems change activities.
                  (B) Duration.--An implementation grant 
                referred to in paragraph (1) shall be awarded 
                for a period of not to exceed 5 years.
    (c) Amount of Awards.--
          (1) Considerations.--In determining the amount of any 
        award under this part for a State educational agency, 
        the Secretary may consider such factors as the 
        Secretary finds appropriate, which may include the size 
        of the school-age population of the State in which the 
        State educational agency is located.
          (2) Limitation amount.--Notwithstanding paragraph (1) 
        and except as provided in subsection (d)(2) and section 
        624--
                  (A) the annual amount of each planning grant 
                referred to in subsection (b)(1) shall not 
                exceed--
                          (i) $100,000 for any State 
                        educational agency in a State; or
                          (ii) $10,000 for any State 
                        educational agency in an outlying area; 
                        and
                  (B) the annual amount of each implementation 
                grant referred to in subsection (b)(1) shall be 
                not less than--
                          (i) $450,000 for any State 
                        educational agency in a State; or
                          (ii) $40,000 for any State 
                        educational agency in an outlying area.
    (d) Limitations and Exceptions.--
          (1) Limitation.--Except as provided in paragraph (2), 
        no State educational agency may receive more than 1 
        award under this part for any fiscal year.
          (2) Exceptions.--In addition to applying for an 
        individual implementation grant, State educational 
        agencies may submit a joint application under section 
        623 for an implementation grant referred to in 
        subsection (b)(1) with other State educational agencies 
        to address systemic problems on a regional or national 
        basis. Any State educational agency that is involved in 
        the joint submission of an application under this 
        paragraph shall, prior to making an application under 
        section 623, form within the State in which the State 
        educational agency is located a partnership as 
        described in section 623(a). In determining the amount 
        of any award for such a grant, the Secretary may set 
        aside the monetary limitations described in subsection 
        (c).

SEC. 623. APPLICATION.

    (a) In General.--In order to be considered for a planning 
grant or an implementation grant under this part, a State 
educational agency shall establish a partnership among members 
(referred to in this part as the `partnership') consisting of 
local educational agencies, and other individuals and 
organizations involved in, or concerned with, the education of 
children with disabilities, including--
          (1) parents of children with disabilities;
          (2) individuals with disabilities;
          (3) teachers and related services providers;
          (4) representatives of institutions of higher 
        education;
          (5) representatives of other State agencies involved 
        in the financing or delivery of special education and 
        related services to children with disabilities and 
        early intervention services to infants and toddlers 
        with disabilities;
          (6) representatives of vocational, community, 
        postsecondary, and business organizations concerned 
        with the provision of transitional services to children 
        with disabilities; and
          (7) other individuals as deemed appropriate by the 
        State educational agency.
    (b) Planning Grants.--In order to be considered for a 
planning grant under this part, a State educational agency, in 
partnership with the local educational agencies, and other 
individuals, and organizations described in subsection (a), 
shall prepare and submit an application to the Secretary that--
          (1) describes the planning activities for which 
        assistance is sought;
          (2) describes proposed changes in practices, 
        procedures, policies, training, or uses of personnel;
          (3) describes a partnership agreement that--
                  (A) specifies the nature and extent of the 
                partnership, and the respective roles of each 
                member of the partnership; and
                  (B) shall be in effect for the period of the 
                grant; and
          (4) includes such other information and assurances as 
        the Secretary may reasonably require.
    (c) Implementation Grants.--In order to be considered for 
an implementation grant under this part, a State educational 
agency, in partnership with local educational agencies, and 
other individuals and organizations described in subsection 
(a), shall prepare and submit an application to the Secretary 
that--
          (1) describes the critical aspects of practices, 
        procedures, policies, and organizational structures 
        that will be changed in order to improve educational 
        and transitional results for children with 
        disabilities, based on syntheses and analysis of 
        available information, such as--
                  (A) information on the performance of 
                children with disabilities on State assessments 
                and other performance indicators established 
                for all children, such as dropout rates and 
                graduation rates;
                  (B) information on State and local needs for 
                professional development for personnel to serve 
                children with disabilities; and
                  (C) information provided to the State 
                educational agency by the Secretary;
          (2) identifies the goals and objectives for the 
        systems change activities to be carried out under the 
        grant and how the goals and objectives relate to the 
        goals established by the State under section 612(a)(16) 
        (as amended by section 202 of the Individuals with 
        Disabilities Education Act Amendments of 1996);
          (3) describes how grant funds will be used in 
        undertaking the systems change activities, and the 
        amount and nature of funds from other sources that will 
        be committed to the systems change activities;
          (4) describes the performance indicators that will be 
        adopted or used to measure progress made toward the 
        goals of the systems change activities and toward 
        improved educational and transitional results for 
        children with disabilities;
          (5) describes the approach that will be taken, on an 
        annual basis, to disseminate information on the 
        progress measured under paragraph (4) to interested 
        members of the State partnership and to the Secretary;
          (6) describes a partnership agreement specified in 
        subsection (b)(3); and
          (7) includes such other information and assurances as 
        the Secretary may reasonably require.
    (d) Adequate Progress.--The Secretary may terminate a grant 
to a State educational agency under this part, or require 
amendments to an approved application of a State educational 
agency, if the Secretary determines that the State educational 
agency is not making adequate progress toward the goals of the 
systems change activities of the State educational agency under 
this part.

SEC. 624. INCENTIVES.

    Notwithstanding section 622(c)(2), the Secretary may 
provide additional funds for systems change activities, if the 
Secretary approved an application under this part relating to 
the activities and--
          (1) the application, in addition to meeting the 
        minimal application requirements, includes evidence of 
        a significant and substantial level of collaboration 
        among agencies, organizations, and individuals who have 
        an interest in the quality of educational services and 
        opportunities for children with disabilities;
          (2) the activities described in the application are 
        connected with prereferral programs and other programs 
        designed to prevent the educational failure of children 
        (particularly children who are members of unserved, 
        underserved, or inappropriately identified populations 
        and who are from minority backgrounds and from 
        geographic areas with significant need) so that the 
        children experience a high level of success in their 
        educational experience; and
          (3) the application demonstrates, in addition to 
        meeting the minimal application requirements, an 
        ongoing effort to assess and address the needs of 
        children with disabilities and ensure the full 
        participation of such children in statewide or 
        districtwide general education systems change 
        activities.

SEC. 625. AUTHORIZATION OF APPROPRIATIONS.

    For the purpose of carrying out this part, there are 
authorized to be appropriated $30,000,000 for fiscal year 1998 
and such sums as may be necessary for each of fiscal years 1999 
through 2002.
          * * * * * * *

secondary education and transitional services for youth with disabities

    Sec. 626. (a) * * *
          * * * * * * *
          (D) In the annual report required under [section 
        618(g)] section 618 the Secretary shall include a 
        report of the activities and results associated with 
        the agreement under subparagraph (A)
          * * * * * * *
    Sec. 628. (a) There are authorized to be appropriated to 
carry out section 621 $8,525,000 for fiscal year 1991, 
$9,300,000 for fiscal year 1992, $10,140,000 for fiscal year 
1993, and $11,052,000 for [fiscal year 1994] each of fiscal 
years 1994 through 1997.
    (b) There are authorized to be appropriated to carry out 
section 622 $21,900,000 for fiscal year 1991, $24,100,000 for 
fiscal year 1992, $26,500,000 for fiscal year 1993, and 
$29,200,000 for [fiscal year 1994] each of fiscal years 1994 
through 1997.
    (c) There are authorized to be appropriated to carry out 
section 623 $31,400,000 for fiscal year 1991, $34,235,000 for 
fiscal year 1992, $37,325,000 for fiscal year 1993, and 
$40,705,000 for [fiscal year 1994] each of fiscal years 1994 
through 1997.
    (d) There are authorized to be appropriated to carry out 
section 624 $9,500,000 for fiscal year 1991, $10,500,000 for 
fiscal year 1992, $11,600,000 for fiscal year 1993, and 
$12,700,000 for [fiscal year 1994] each of fiscal years 1994 
through 1997.
    (e) There are authorized to be appropriated to carry out 
section 625 $9,470,000 for fiscal year 1991, $10,230,000 for 
fiscal year 1992, $11,050,000 for fiscal year 1993, and 
$11,930,000 for [fiscal year 1994] each of fiscal years 1994 
through 1997.
    (f) There are authorized to be appropriated to carry out 
section 626 (except subsection (e)) $9,800,000 for fiscal year 
1991, $10,800,000 for fiscal year 1992, $11,900,000 for fiscal 
year 1993, and $13,050,000 for [fiscal year 1994] each of 
fiscal years 1994 through 1997.
    (g) There are authorized to be appropriated to carry out 
section 626(e) $27,500,000 for fiscal year 1991, $30,250,000 
for fiscal year 1992, $33,275,000 for fiscal year 1993, and 
$36,302,000 for [fiscal year 1994] each of fiscal years 1994 
through 1997.
    (h) There are authorized to be appropriated to carry out 
section 627 $6,500,000 for fiscal year 1991, $8,000,000 for 
fiscal year 1992, $9,500,000 for fiscal year 1993, and 
$11,500,000 for [fiscal year 1994] each of fiscal years 1994 
through 1997.
          * * * * * * *

   [Part D--Training Personnel for the Education of Individuals With 
                              Disabilities

                     [grants for personnel training

    [Sec. 631. (a)(1) The Secretary may make grants, which may 
include scholarships with necessary stipends and allowances, to 
institutions of higher education (including university 
affiliated programs and satellite centers participating in 
programs under part D of the Developmental Disabilities 
Assistance and Bill of Rights Act) and other appropriate 
nonprofit agencies to assist them in training personnel for 
careers in special education, related services, and early 
intervention, including--
          [(A) special education teaching, including speech-
        language pathology and audiology, and adapted physical 
        education and instructional and assistive technology 
        services,
          [(B) related services to children and youth with 
        disabilities in educational settings, and other 
        settings,
          [(C) special education and other careers in preschool 
        and early intervention services for infants and 
        toddlers with disabilities,
          [(D) special education leadership, including 
        supervision and administration (at the advanced 
        graduates, doctoral, and post-doctoral levels), special 
        education research, and special education personnel 
        preparation (at the doctoral and post-doctoral levels),
          [(E) training of special education personnel and 
        other personnel providing special services and pre-
        school and early intervention services for children 
        with disabilities, and
          [(F) training in the use, applications, and benefits 
        of assistive technology devices and assistive 
        technology services (as defined in paragraphs (2) and 
        (3) of section 3 of the Technology-Relate Assistance 
        for Individuals With Disabilities Act of 1988 (29 
        U.S.C. 2202(2) and (3))).
    [(2)(A) The Secretary shall base the award of grants under 
paragraph (1) on information relating to the present and 
projected need for special education, related services, early 
intervention, and other personnel to be trained based on 
identified State, regional, or national shortages, including 
the need for personnel in the provision of special education to 
children of limited English proficiency, and the capacity of 
the institution or agency to train qualified personnel, and 
other information considered appropriate by the Secretary.
    [(B) The Secretary shall ensure that grants are only made 
under paragraph (1) to applicant agencies and institutions that 
meet the State and professionally recognized standards for the 
preparation of special education and related services personnel 
unless the grant is for the purpose of assisting the applicant 
agency or institution to meet such standards, and that include 
in their applications a detailed description of strategies that 
will be utilized to recruit and train members of minority 
groups and persons with disabilities.
    [(3) Grants under paragraph (1) may be used by institutions 
to assist in covering the cost of courses of training or study 
for such personnel and for establishing and maintaining 
fellowships or traineeship with such stipends and allowances as 
may be determined by the Secretary. Such institutions shall 
give priority consideration in the selection of qualified 
recipients of fellowships and traineeships to individuals from 
disadvantaged backgrounds, including minorities and individuals 
with disabilities who are underrepresented in the teaching 
profession or in the specializations in which they are being 
trained.
    [(4) The Secretary in carrying out paragraph (1) may 
reserve a sum not to exceed 5 percent of the amount available 
for paragraph (1) in each Fiscal year for contracts to prepare 
personnel in areas where shortages exist when a response to 
that need has not been adequately addressed by the grant 
process.
    [(5) In making grants under subsection (a)(1), the 
Secretary may determine that a portion of training supported 
through such grants shall be conducted on an interdisciplinary 
basis, and shall be designed to assist special educators in 
properly coordinating service provision with related services 
personnel. To the extent feasible, training programs funded 
under subsection (a)(1)(B) and (a)(1)(E) shall require practice 
to demonstrate the delivery of related services in an array of 
regular and special education and community settings.
    [(6) Nothing in this subsection shall be construed to 
prevent regular education or special education personnel from 
benefitting or participating in training activities conducted 
under this subsection on a preservice or inservice basis.
    [(7) The Secretary, in carrying out paragraph (1), shall 
make grants to Historically Black Colleges and Universities, 
and other institutions of higher education whose minority 
student enrollment is at least 25 percent.
    [(8)(A) In making grants under grant paragraph (1), the 
Secretary may make grants through a separate competition to 
institutions of higher education, in partnership with local 
educational agencies and center schools for students who are 
deaf, to carry out not less than 4 regional model demonstration 
training programs on deafness and secondary disabilities.
    [(B) Such programs shall provide preservice and inservice 
training to teachers and school administrators, and leadership 
personnel, in the education of students who are deaf and to 
related services personnel.
    [(9) In making grants under paragraph (1), the Secretary 
may provide for the training or retraining of regular education 
teachers who are involved in providing instruction to 
individuals who are deaf, but who are not certified as teachers 
of such individuals, to meet the communications needs of such 
individuals.
    [(b)(1) The Secretary may make grants to institutions of 
higher education, and other appropriate nonprofit agencies or 
organizations for the establishment or continuation of 
educational interpreter training programs to train personnel to 
effectively meet the various communication needs of elementary 
and secondary students who are deaf or deaf-blind. To the 
extent feasible, grants shall be geographically dispersed 
throughout the Nation in urban and rural areas.
    [(2) The Secretary may make a grant under paragraph (1) 
only if the applicant for the grant provides an assurance that 
all interpreters receiving training under the grant will be 
provided training designed to develop skills necessary for 
facilitating effective communication for students who are deaf 
or deaf-blind.
    [(3) In making grants under paragraph (1), the Secretary 
may provide for the training or retraining (including short-
term and inservice training) of regular education teachers who 
are involved in providing instruction to individuals who are 
deaf, but who are not certified as teachers of such 
individuals, and other personnel who work with such 
individuals, on the role of educational interpreters.
    [(c) The Secretary may make grants to institutions of 
higher education, State agencies, and other appropriate 
nonprofit agencies and organizations to develop and demonstrate 
effective ways for preservice training programs to prepare 
regular educators to work with children and youth with 
disabilities and their families; for training teachers to work 
in community and school settings with school students with 
disabilities and their families; for inservice and preservice 
training of personnel to work with minority infants, toddlers, 
children, and youth with disabilities and their families; for 
preservice and inservice training of special education and 
related services personnel in use of assistive and 
instructional technology to benefit infants, toddlers, 
children, and youth with disabilities; and for the recruitment 
and retention of special education, related services, and early 
intervention personnel. But preservice and inservice training 
shall include a component that addresses the coordination among 
all service providers, including regular educators.
    [(d)(1) the Secretary shall fund up to 5 grants to States 
or entities to support the formation of consortia or 
partnerships of public and private entities for the purpose of 
providing opportunities for career advancement and/or 
competency-based training, including but not limited to, 
certificate or degree grating programs in special education, 
related services, and early intervention for current workers at 
public and private agencies that provide services to infants, 
toddlers, children, and youth with disabilities. Recipients 
shall meet the requirements of section 610(g) for the 
dissemination of information. The purposes for which such a 
grant may be expended include, but are not limited to, the 
following:
          [(A) Establishing a program with colleges and 
        universities to develop creative new programs and 
        coursework options and/or to expand existing programs 
        in the field of special education, related services, or 
        early intervention. Funds may be used to provide 
        release time for faculty and staff for curriculum 
        development, instructional costs, and modest start-up 
        and other program development costs.
          [(B) Establishing a career development mentoring 
        program using faculty and professional staff members of 
        participating agencies as role models, career sponsors, 
        and academic advisors for experienced State, city, 
        county, and voluntary sector workers who have 
        demonstrated a commitment to working in the above 
        fields and who are enrolled in higher education 
        institution programs relating to these fields.
          [(C) Supporting a wide range of programmatic and 
        research activities aimed at increasing opportunities 
        for career advancement and competency-based training in 
        the above fields.
          [(D) Identifying existing public and private agency 
        and labor union personnel policies and benefit programs 
        that may facilitate the ability of workers to take 
        advantage of higher education opportunities such as 
        leave time, tuition reimbursement, etc.
    [(2) To the extent feasible, projects authorized under 
paragraph (1) shall be geographically dispersed throughout the 
Nation in urban and rural areas.
    [(3) The Secretary shall award, for the purpose of 
providing technical assistance to States or entities receiving 
grants under paragraph (1), a cooperative agreement through a 
separate competition to an entity that has successfully 
demonstrated the capacity and expertise in the education, 
training, and retention of workers to serve children and youth 
with disabilities through the use of consortia or partnerships 
established for the purpose of retaining the existing workforce 
and providing opportunities for career enhancements.
    [(4) The Secretary may conduct an evaluation of projects 
funded under this subsection.
    [(5) During the period in which an entity is receiving 
financial assistance under paragraph (1) of (3), the entity may 
not receive financial assistance under the other paragraph.
    [(e)(1) The Secretary may make grants through a separate 
competition to private nonprofit organizations for the purpose 
of providing training and information to parents of infants, 
toddlers, children, and youth with disabilities and persons who 
work with parents to enable such individuals to participate 
more effectively with professionals in meeting the educational 
needs of children with disabilities. Such grants shall be 
designed to meet the unique training and information needs of 
parents of infants, toddlers, children, and youth with 
disabilities living in the area to be served by the grant, 
particularly those who are members of groups that have been 
traditionally underrepresented.
    [(2) In order to receive a grant under paragraph (1) a 
private nonprofit organization shall--
          [(A) be governed by a board of directors of which a 
        majority of the members are parents of infants, 
        toddlers, children, and youth with disabilities, 
        particularly minority parents, and that includes 
        members who are professionals, especially minority 
        professionals, in the field of special education, early 
        intervention, and related services, and individuals 
        with disabilities, or, if the nonprofit private 
        organization does not have such a board, such 
        organization shall have a membership that represents 
        the interests of individuals with disabilities, and 
        shall establish a special governing committee of which 
        a majority of the members are parents of infants, 
        toddlers, children, and youth with disabilities, 
        particularly parents of minority children, and which 
        includes members who are professionals, especially 
        minority professionals, in the field of special 
        education, early intervention, and related services, to 
        operate the training and information program under 
        paragraph (1), and parent and professional membership 
        of these boards or special governing committees shall 
        be broadly representative of minority and other 
        individuals and groups having an interest in special 
        education, early intervention, and related services;
          [(B) serve the parents of infants, toddlers, 
        children, and youth with the full range of disabling 
        conditions under such grant program; and
          [(C) demonstrate the capacity and expertise to 
        conduct effectively the training and information 
        activities for which a grant may be made under 
        paragraph (1), and, for purposes of paragraph (1), 
        network with clearinghouses, including those 
        established under section 633 and other organizations 
        and agencies, and network with other established 
        national, State, and local parent groups representing 
        the full range of parents of infants, toddlers, 
        children, and youth with disabilities, especially 
        parents of minority children.
Nothing in subparagraph (A) shall be construed to authorize or 
permit the denial to any person of the due process of law 
required by the United States Constitution.
    [(3) The board of directors or special governing committee 
of a private nonprofit organization receiving a grant under 
paragraph (1) shall meet at least once in each calendar quarter 
to review the parent training and information activities for 
which the grant is made, and each such committee shall advise 
the governing board directly of its views and recommendations. 
Whenever a private nonprofit organization requests the renewal 
of a grant under paragraph (1) for a fiscal year, the board of 
directors or the special governing committee shall submit to 
the Secretary a written review of the parent training and 
information program conducted by that private nonprofit 
organization during the preceding fiscal year.
    [(4) The Secretary shall ensure that grants under paragraph 
(1) will--
          [(A) be distributed geographically to the greatest 
        extent possible throughout all the States and give 
        priority to grants which involve unserved areas,
          [(B) be targeted to parents of children with 
        disabilities in both urban and rural areas or on a 
        State or regional basis,
          [(C) serve parents of minority children with 
        disabilities (including parents served pursuant to 
        paragraph (10)) representative to the proportion of the 
        minority population in the areas being served by 
        requiring that applicants for the grants identify with 
        specificity the special efforts that will be undertaken 
        to involve such parents, including efforts to work with 
        community-based and cultural organizations and the 
        specification of supplementary aids, services, and 
        supports that will be made available, and by specifying 
        budgetary items earmarked to accomplish this 
        subparagraph, and
          [(D) be funded at a sufficient size, scope, and 
        quality to ensure that the program is adequate to serve 
        the parents in the area.
    [(5) Parent training and information programs assisted 
under paragraph (1) shall assist parents to--
          [(A) better understand the nature and needs of the 
        disabling conditions of children,
          [(B) provide followup support for educational 
        programs of children with disabilities,
          [(C) communicate more effectively with special and 
        regular educators, administrators, related services 
        personnel, and other relevant professionals,
          [(D) participate in educational decisionmaking 
        processes, including the development of the 
        individualized education program for a child with a 
        disability,
          [(E) obtain appropriate information about the range 
        of options, programs, services, and resources available 
        at the national, State, and local levels to assist 
        infants, toddlers, children, and youth with 
        disabilities and their families, and
          [(F) understand the provisions for the education of 
        infants, toddlers, children, and youth with 
        disabilities under this Act.
    [(6) Parent training and information programs may, at a 
grant recipient's discretion, include State or local 
educational personnel where such participation will further an 
objective of the program assisted by the grant.
    [(7) Each private nonprofit organization a program 
receiving a grant under paragraph (1) shall consult and network 
with appropriate national, State, regional, and local agencies 
and organizations, such as protection and advocacy agencies, 
that serve or assist infants, toddlers, children, and youth 
with disabilities and their families and are located in the 
jurisdictions served by the program.
    [(8) The Secretary shall provide technical assistance, by 
grant or contract, for establishing, developing, and 
coordinating parent training and information programs.
    [(9) After the establishment in each State of a parent 
training and information center, the Secretary shall provide 
for the establishment of 3 experimental centers to serve large 
numbers of parents of children with disabilities located in 
high density areas that do not have such centers and 2 such 
centers to serve large numbers of parents of children with 
disabilities located in rural areas.
    [(10)(A) In the case of a grant under paragraph (1) to a 
private nonprofit organization for fiscal year 1993 or 1994, 
the organization, in expending the amounts described in 
subparagraph (B), shall give priority to providing services 
under this subsection to parents of children with disabilities 
aged 0-5.
    [(B) With respect to a grant under paragraph (1) to a 
private nonprofit organization for fiscal year 1993 or 1994, 
the amounts described in this subparagraph are any amounts 
provided in the grant in excess of the amount of any grant 
under such paragraph provided to the organization for fiscal 
year 1992.
    [(11) Effective for fiscal year 1991 and every year 
thereafter, the Secretary shall obtain data concerning programs 
and centers assisted under this subsection on--
          [(A) the number of parents provided information and 
        training by disability category of their children.
          [(B) the types and modes of information or training 
        provided.
          [(C) strategies used to reach and serve parents of 
        minority infants, toddlers, children, and youth with 
        disabilities.
          [(D) the number of parents served as a result of 
        activities described under subparagraph (C),
          [(E) activities to network with other information 
        clearinghouses and parent groups as required in 
        subsection (c)(2)C),
          [(F) the number of agencies and organizations 
        consulted with at the national, State, regional, and 
        local levels, and
          [(G) the number of parents served under this 
        subsection who are parents of children with 
        disabilities aged 0-5.]
The Secretary shall include a summary of this information in 
the annual report to Congress as required in [section 618(g)] 
section 618.

[GRANTS TO STATE EDUCATIONAL AGENCIES AND INSTITUTIONS FOR TRAINEESHIPS

    [Sec. 632 (a) The Secretary shall make a grant of 
sufficient size and scope to each State educational agency for 
the purposes described in subsection (c) and, in any State in 
which the State educational agency does not apply for such a 
grant, to an institution of higher education within such State 
for such purposes.
    [(b) The Secretary may also make a limited number of grants 
to State educational agencies on a competitive basis for the 
purposes described in subsection (c). In any fiscal year, the 
Secretary may not expend for purposes of this subsection an 
amount that exceeds 10 percent of the amount expended for 
purposes of this section in the preceding fiscal year.
    [(c) Grants made under this section shall be for the 
purpose of assisting States in establishing and maintaining 
preservice and inservice programs to prepare special and 
regular education, related services and early intervention 
personnel to meet the needs of infants, toddlers, children, and 
youth with disabilities or supervisors of such persons, 
consistent with the personnel needs identified in the State's 
comprehensive system of personnel development under section 613 
and under section 676(b)(8), and to assist the State in 
developing and maintaining such systems and conducting 
personnel recruitment and retention activities.
    [(d) The Secretary is authorized to provide directly or by 
grant, contract, or cooperative agreement, technical assistance 
to State educational agencies on matters pertaining to the 
effective implementation of section 613(a)(3).

                            [CLEARINGHOUSES

    [Sec. 633. (a) The Secretary is authorized to make grants 
to, or enter into contracts or cooperative agreements with, 
public agencies or private nonprofit organizations or 
institutions for the establishment of three national 
clearinghouses: on children and youth with disabilities; on 
postsecondary education for individuals with disabilities; and 
on careers in special education to--
          [(1) collect, develop, and disseminate information,
          [(2) provide technical assistance,
          [(3) conduct coordinated outreach activities,
          [(4) provide for the coordination and networking with 
        other relevant national, State, and local organizations 
        and information and referral resources,
          [(5) respond to individuals and organizations seeking 
        information, and
          [(6) provide for the synthesis of information for its 
        effective utilization by parents, professionals, 
        individuals with disabilities, and other interested 
        parties.
    [(b) The national clearinghouse for children and youth with 
disabilities shall:
          [(1) Collect and disseminate information (including 
        the development of materials) on characteristics of 
        infants, toddlers, children, and youth with 
        disabilities and on programs, legislation, and services 
        relating to their education under this Act and other 
        Federal laws.
          [(2) Participate in programs and services related to 
        disability issues for providing outreach, technical 
        assistance, collection and dissemination of 
        information; and promoting networking of individuals 
        with appropriate national, State, and local agencies 
        and organizations.
          [(3) Establish a coordinated network and conduct 
        outreach activities with relevant Federal, State, and 
        local organizations and other sources for promoting 
        public awareness of disability issues and the 
        availability of information, programs, and services.
          [(4) Collect, disseminate, and develop information on 
        current and future national, Federal, regional, and 
        State needs for providing information to parents, 
        professionals, individuals with disabilities, and other 
        interested parties relating to the education and 
        related services of individuals with disabilities.
          [(5) Provide technical assistance to national, 
        Federal, regional, State and local agencies and 
        organizations seeking to establish information and 
        referral services for individuals with disabilities and 
        their families.
          [(6) In carrying out the activities in this 
        subsection, the clearinghouse will include strategies 
        to disseminate information to underrepresented groups 
        such as those with limited English proficiency.
    [(c) The national clearinghouse on postsecondary education 
for individuals with disabilities shall:
          [(1) Collect and disseminate information nationally 
        on characteristics of individuals entering and 
        participating in education and training programs after 
        high school; legislation affecting such individuals and 
        such programs; policies, procedures, and support 
        services, as well as adaptations, and other resources 
        available or recommended to facilitate the education of 
        individuals with disabilities; available programs and 
        services that include, or can be adapted to include, 
        individuals with disabilities; and sources of financial 
        aid for the education and training of individuals with 
        disabilities.
          [(2) Identify areas of need for additional 
        information.
          [(3) Develop new materials (in both print and 
        nonprint form), especially by synthesizing information 
        from a variety of fields affecting disability issues 
        and the education, rehabilitation, and retraining of 
        individuals with disabilities.
          [(4) Develop a coordinated network of professionals, 
        related organizations and associations, mass media, 
        other clearinghouses, and governmental agencies at the 
        Federal, regional, State, and local level for the 
        purposes of disseminating information and promoting 
        awareness of issues relevant to the education of 
        individuals with disabilities after high school and 
        referring individuals who request information to local 
        resources.
          [(5) Respond to requests from individuals with 
        disabilities, their parents, and professionals who work 
        with them, for information that will enable them to 
        make appropriate decisions about postsecondary 
        education and training.
          [(d) The national clearinghouse designed to encourage 
        students to seek careers and professional personnel to 
        seek employment in the various fields relating to the 
        education of children and youth with disabilities 
        shall;
          [(1) Collect and disseminate information on current 
        and future national, regional, and State needs for 
        special education and related services personnel.
          [(2) Disseminate information to high school 
        counselors and others concerning current career 
        opportunities in special education, location of 
        programs, and various forms of financial assistance 
        (such as scholarships, stipends, and allowance).
          [(3) Identify training programs available around the 
        country.
          [(4) Establish a network among local and State 
        educational agencies and institutions of higher 
        education concerning the supply of graduates and 
        available openings.
          [(5) Provide technical assistance to institutions 
        seeking to meet State and professionally recognized 
        standards.
    [(e)(1) In awarding grants, contracts, and cooperative 
agreements under this section, the Secretary shall give 
priority consideration to any applicant with demonstrated, 
proven effectiveness (at the national level) in performing the 
functions established in this section; and with the ability to 
conduct such projects, communicate with intended consumers of 
information, and maintain the necessary communication with 
national, regional, State, and local agencies and 
organizations.
    [(2) In awarding grants, contracts, and cooperative 
agreements under this section, the Secretary shall give 
priority consideration to any applicant with demonstrated, 
proven effectiveness (at the national level) in providing 
informational services to minorities and minority 
organizations.
    [(f)(1) Beginning in fiscal year 1991, and for each year 
thereafter, the Secretary shall obtain information on each 
project assisted under this section, including--
          [(A) the number of individuals served by disability 
        category, as appropriate, including parents, 
        professionals, students, and individuals with 
        disabilities;
          [(B) a description of responses utilized;
          [(C) a listing of new products developed and 
        disseminated; and
          [(D) a description of strategies and activities 
        utilized for outreach to urban and rural areas with 
        populations of minorities and underrepresented groups.
    [(2) A summary of the data required by this subsection 
shall be included in the annual report to Congress required 
under section 618.

                        reports to the secretary

    [Sec. 634. (a) Not more than sixty days after the day of 
any fiscal year, each recipient of a grant or contract under 
this part during such fiscal year shall prepare and submit a 
report to the Secretary. Each such report shall be in such form 
and detail as the Secretary determines to be appropriate, and 
shall include--
          [(1) the number of individuals trained under the 
        grant or contract, by category of training and level of 
        training;
          [(2) the number of individuals trained under the 
        grant or contract receiving degrees and certification, 
        by category and level of training; and
          [(3) information described in section 631(d)(11) and 
        section 633(f)(1), as applicable.
    [(b) A summary of the data required by this section shall 
be included in the annual report of the Secretary under section 
618 of this Act.]

  PART D--IMPROVING EARLY INTERVENTION, EDUCATIONAL, AND TRANSITIONAL 
SERVICES AND RESULTS FOR CHILDREN WITH DISABILITIES THROUGH COORDINATED 
                   RESEARCH AND PERSONNEL PREPARATION

SEC. 631. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
          (1) The Federal Government has an ongoing obligation 
        to support programs, projects, and activities that 
        contribute to positive results for children with 
        disabilities, enabling the children--
                  (A) to meet their early intervention, 
                educational, and transitional goals and, to the 
                maximum extent possible, educational standards 
                that have been established for all children; 
                and
                  (B) to acquire the skills that will empower 
                the children with disabilities to lead 
                productive and independent adult lives.
          (2)(A) As a result of more than 20 years of Federal 
        support for research, demonstration projects, and 
        personnel preparation, there is an important knowledge 
        base for improving results for children with 
        disabilities.
          (B) Such knowledge should be used by States and local 
        educational agencies to design and implement state-of-
        the-art educational systems that consider the needs of, 
        and include, children with disabilities, especially in 
        environments in which the children can learn along with 
        their peers and achieve results measured by the same 
        standards as the results of their peers.
          (3)(A) Continued Federal support is essential for the 
        development and maintenance of a coordinated and high-
        quality program of research, demonstration projects, 
        dissemination of information, and personnel 
        preparation.
          (B) Such support--
                  (i) enables State educational agencies and 
                local educational agencies to improve their 
                educational systems and results for children 
                with disabilities;
                  (ii) enables State and local agencies to 
                improve early intervention services and results 
                for infants and toddlers with disabilities and 
                their families; and
                  (iii) enhances the opportunities for general 
                and special education personnel, related 
                services personnel, parents, and 
                paraprofessionals to participate in preservice 
                and inservice training, to collaborate, and to 
                improve results for children with disabilities 
                and their families.
          (4) The Federal Government plays a critical role in 
        facilitating the availability of an adequate number of 
        highly qualified personnel--
                  (A) to serve effectively the over 5,000,000 
                children with disabilities;
                  (B) to assume leadership positions in 
                administrative and direct service capacities 
                related to teacher training and research 
                concerning the provision of early intervention 
                services, special education, and related 
                services; and
                  (C) to work with children with low-incidence 
                disabilities and their families.
          (5) The Federal Government performs the role 
        described in paragraph (4)--
                  (A) by supporting models of personnel 
                development that reflect successful practice, 
                including strategies for recruiting, preparing, 
                and retaining personnel;
                  (B) by promoting the coordination and 
                integration of--
                          (i) personnel development activities 
                        for teachers of children with 
                        disabilities; and
                          (ii) other personnel development 
                        activities supported under Federal law, 
                        including this part;
                  (C) by supporting the development and 
                dissemination of information about teaching 
                standards; and
                  (D) by promoting the coordination and 
                integration of personnel development activities 
                through linkage with systems change activities 
                within States and nationally.
    (b) Purpose.--The purpose of this part is to provide 
Federal funding for coordinated research, demonstration 
projects, outreach, and personnel preparation activities that--
          (1) are described in section 633 or 634;
          (2) are linked with, and positively affect, systems 
        change outcomes; and
          (3) improve early intervention, educational, and 
        transitional results for children with disabilities.

SEC. 632. DEFINITION.

    As used in this part:
          (1) Developmental delay.--The term ``developmental 
        delay'' has the meaning given such term by a State 
        under section 676(b)(1).
          (2) Early intervention services.--The term ``early 
        intervention services'' has the meaning given the term 
        in section 672.

SEC. 633. RESEARCH AND INNOVATION TO IMPROVE SERVICES AND RESULTS FOR 
                    CHILDREN WITH DISABILITIES.

    (a) In General.--The Secretary may competitively make 
grants to, or enter into contracts or cooperative agreements 
with, eligible entities to produce and advance the use of 
knowledge to--
          (1)(A) improve services provided under this Act, 
        including the practices of professionals and others 
        involved in providing such services to children with 
        disabilities; and
          (B) improve early intervention, educational, and 
        transitional services and results, for children with 
        disabilities;
          (2) address the special needs of infants and toddlers 
        with disabilities, including such infants and toddlers 
        who are at risk of having substantial developmental 
        delays if early intervention services are not provided;
          (3) address the specific problems of 
        overidentification and underidentification of children 
        with disabilities to the same extent as other problems 
        facing children with disabilities;
          (4) prevent children with emotional and behavioral 
        problems from developing emotional disturbances that 
        require the provision of special education and related 
        services; and
          (5) improve secondary and postsecondary education and 
        educational results for children with disabilities.
    (b) New Knowledge Production; Authorized Activities.--In 
carrying out this section, the Secretary may support any 
activities that are consistent with the objectives described in 
subsection (a), including activities that--
          (1) expand understanding of the relationships between 
        learning characteristics of children with disabilities 
        and the diverse ethnic, cultural, linguistic, social, 
        and economic backgrounds of children with disabilities 
        and their families;
          (2) develop or identify innovative, effective, and 
        efficient curricula designs, instructional approaches, 
        and strategies, and develop or identify positive 
        academic and social learning opportunities, that--
                  (A) enable children with disabilities to make 
                effective transitions described in section 
                643(d)(2)(E) or transitions between educational 
                settings; and
                  (B) improve educational and transitional 
                results for children with disabilities at all 
                levels of the educational system in which the 
                activities are carried out and, in particular, 
                that improve the progress of the children, as 
                measured by performance expectations within the 
                general education curriculum involved;
          (3) advance the design of assessment tools and 
        procedures that will accurately and efficiently 
        determine the special instructional, learning, and 
        behavioral needs of children with disabilities, 
        especially within the context of general education;
          (4) study and promote improved alignment and 
        compatibility of general and special education reforms 
        concerned with curricular and instructional reform, 
        evaluation and accountability of such reforms, and 
        administrative procedures;
          (5) advance the design, development, and integration 
        of technology, assistive technology devices, media, and 
        materials, to improve early intervention, educational, 
        and transitional services and results, for children 
        with disabilities; and
          (6) improve designs, processes, and results, of 
        personnel preparation for personnel who provide 
        services to children with disabilities through the 
        acquisition of information on, and implementation of, 
        research-based practices.
    (c) Integration of Research and Practice; Authorized 
Activities.--In carrying out this section, the Secretary may 
support any activities that are consistent with the objectives 
described in subsection (a), including activities that--
          (1) demonstrate and apply research-based findings to 
        facilitate systemic changes in policy, procedure, 
        practice, and the training and use of personnel, 
        related to the provision of services to children with 
        disabilities;
          (2) promote and demonstrate the coordination of early 
        intervention and educational services for children with 
        disabilities with services provided by health, 
        rehabilitation, and social service agencies;
          (3) identify solutions that overcome systemic 
        barriers to the effective and efficient delivery of 
        early intervention, educational, and transitional 
        services to children with disabilities;
          (4) enable professionals, parents of children with 
        disabilities, and other persons to learn about and 
        implement the findings of research, and successful 
        practices developed in model demonstration projects, 
        relating to the provision of services to children with 
        disabilities; and
          (5) conduct outreach, and disseminate 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.
    (d) Improving the Use of Professional Knowledge; Authorized 
Activities.--In carrying out this section, the Secretary may 
support any activities that are consistent with the objectives 
described in subsection (a), including activities that--
          (1) synthesize professional knowledge bases that 
        utilize rigorous methodologies and that relate to the 
        provision of services to children with disabilities;
          (2) analyze such professional knowledge bases to 
        advance an understanding of the relationships, and the 
        effectiveness of practices, relating to the provision 
        of services to children with disabilities; and
          (3) present such professional knowledge bases in a 
        clear and meaningful manner to affected persons at all 
        levels of the service systems that serve children with 
        disabilities and their families.
    (e) 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 a manner, and containing 
such information as the Secretary may require.
    (f) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $63,000,000 for 
fiscal year 1998, and such sums as may be necessary for each of 
fiscal years 1999 through 2002.

SEC. 634. PERSONNEL PREPARATION TO IMPROVE SERVICES AND RESULTS FOR 
                    CHILDREN WITH DISABILITIES.

    (a) In General.--
          (1) Support.--The Secretary may competitively make 
        grants to, or enter into contracts or cooperative 
        agreements with, eligible entities and consortia of 
        eligible entities, to help address State-identified 
        needs for qualified personnel and to ensure that the 
        personnel have the skills and knowledge reflecting 
        successful practices determined through research and 
        practice that are needed to serve children with 
        disabilities.
          (2) Projects.--In carrying out this section, the 
        Secretary may support--
                  (A) projects that address the need for 
                personnel to serve children with high-incidence 
                disabilities or children with low-incidence 
                disabilities;
                  (B) projects that address the need for 
                leadership personnel;
                  (C) special projects that have broad 
                applicability in addressing the personnel needs 
                described in paragraph (1); and
                  (D) projects that improve the skills of 
                personnel who serve children with disabilities 
                who engage in or are likely to engage in 
                behavior subject to disciplinary action.
    (b) High-Incidence Disabilities; Authorized Activities.--In 
carrying out this section, the Secretary may support any 
activities for children with high-incidence disabilities that 
are consistent with the objectives described in subsection (a), 
including activities that--
          (1) provide teachers, and related services personnel, 
        from various disciplines with interdisciplinary 
        training and training regarding innovative 
        instructional methods for children with disabilities, 
        especially methods that meet the diverse needs of 
        individual children with disabilities and enable the 
        children to be successful, as measured by performance 
        expectations within the general education curriculum 
        involved;
          (2) prepare personnel in the use of strategies, 
        techniques, methods, and practices that meet the needs, 
        for early intervention, educational, and transitional 
        services, of children with disabilities who are members 
        of unserved, underserved, or inappropriately identified 
        populations;
          (3) develop career-ladder opportunities for 
        paraprofessionals to receive training as special 
        education teachers and related services personnel, 
        including interdisciplinary training to enable the 
        teachers and personnel to improve early intervention, 
        educational, and transitional results for children with 
        disabilities;
          (4) enhance the ability of trainees, teachers, and 
        others to acquire and use strategies, including 
        behavior management plans, to address the conduct of 
        children with disabilities that impedes learning by 
        such children and learning by other students in the 
        classroom involved;
          (5) recruit and retain new, highly qualified teachers 
        and related services personnel, especially from groups 
        that are unserved and underserved populations in the 
        teaching profession and from individuals from rural or 
        urban settings, to provide services to children with 
        disabilities;
          (6) enhance the preparation of individuals who are 
        teachers, early intervention services personnel, 
        related services personnel, or paraprofessionals, by 
        providing such individuals with interdisciplinary 
        training to develop the collaborative skills needed to 
        appropriately teach children with disabilities, 
        particularly in accordance with a general education 
        curriculum; and
          (7) support universities, and institutions of higher 
        education, with minority enrollments of at least 25 
        percent for the purpose of preparing personnel to work 
        with children with disabilities who are members of 
        unserved, underserved, or inappropriately identified 
        populations.
    (c) Leadership Preparation; Authorized Activities.--In 
carrying out this section the Secretary may support any 
leadership preparation activities that are consistent with the 
objectives described in subsection (a), including activities 
that--
          (1) prepare personnel at the advanced graduate, 
        doctoral, and postdoctoral levels of training to 
        administer, enhance, or provide services for children 
        with disabilities, with emphasis on preparation of 
        personnel who are involved with, or will be involved 
        with, efforts to address the needs of children with 
        disabilities who are members of unserved, underserved, 
        or inappropriately identified populations, children 
        with low-incidence disabilities, and children from 
        rural or urban areas;
          (2) provide interdisciplinary training for personnel 
        from various disciplines, including teacher preparation 
        faculty, administrators, researchers, supervisors, and 
        other persons, affecting the early intervention, 
        educational, and transitional services of children with 
        disabilities;
          (3) prepare professionals at the doctoral and 
        postdoctoral levels at institutions of higher education 
        that are working toward integrating professional 
        development of general education, special education, 
        and other disciplines; and
          (4) prepare professionals at the doctoral and 
        postdoctoral levels at institutions of higher education 
        that are successfully recruiting and preparing--
                  (A) individuals with disabilities; and
                  (B) individuals from groups that are 
                underrepresented in education leadership 
                positions.
    (d) Low-Incidence Disabilities; Authorized Activities.--In 
carrying out this section, the Secretary may support any 
activities for children with low-incidence disabilities that 
are consistent with the objectives described in subsection (a), 
including--
          (1) preparing persons who--
                  (A) have prior training in educational and 
                other related service fields; and
                  (B) are studying to obtain certificates or 
                licensure that will enable the persons to 
                assist children with disabilities to achieve 
                the objectives set out in their individualized 
                education programs described in section 614 or 
                to assist infants and toddlers with 
                disabilities to achieve the outcomes described 
                in their individualized family service plans 
                described in section 677;
          (2) providing personnel from various disciplines with 
        interdisciplinary training that will contribute to 
        improvement in early intervention, educational, and 
        transitional results for children with disabilities;
          (3) preparing personnel in the innovative uses and 
        application of technology to enhance through early 
        intervention, educational, and transitional services, 
        learning by children with disabilities;
          (4) preparing personnel to provide early intervention 
        services or special education services to children with 
        disabilities, including preparation through the 
        provision of scholarships with necessary stipends and 
        allowances; and
          (5) ensuring that all entities and consortia who 
        receive assistance under this section to prepare 
        personnel to provide services to visually impaired or 
        blind children, will prepare the personnel to teach and 
        use braille in the provision of services to such 
        children.
    (e) Projects of National Significance; Authorized 
Activities.--In carrying out this section, the Secretary may 
support any activities that are consistent with the objectives 
described in subsection (a), including activities that--
          (1) develop and demonstrate effective and efficient 
        practices for preparing personnel to provide services 
        to children with disabilities, including practices that 
        address needs identified through systems change 
        activities funded under part C;
          (2) demonstrate the application of significant 
        knowledge derived from research and other sources in 
        the development of programs to prepare personnel to 
        provide services to children with disabilities;
          (3) demonstrate models for the preparation of special 
        education and general education personnel, to enable 
        the personnel--
                  (A) to acquire the collaboration skills 
                necessary to assist children with disabilities; 
                and
                  (B) to achieve results that meet challenging 
                standards of performance expectations, 
                particularly performance expectations within 
                the general education curriculum involved;
          (4) demonstrate models that--
                  (A) provide interdisciplinary training to 
                individuals within collaborative teams of 
                special education and general education 
                personnel, related services personnel, and 
                family members of children with disabilities; 
                and
                  (B) enhance the educational experience of 
                children with disabilities;
          (5) demonstrate models that reduce shortages of 
        teachers, and personnel from other relevant 
        disciplines, who serve children with disabilities 
        through reciprocity arrangements, between States, that 
        are related to licensure and certification;
          (6) develop, evaluate, and disseminate model teaching 
        standards for persons working with children with 
        disabilities; and
          (7) promote the transferability, across State and 
        local jurisdictions, of licensure and certification of 
        teachers and administrators working with such children.
    (f) Applications.--
          (1) In general.--Any eligible entity or consortium 
        that wishes to receive a grant, or enter into a 
        contract or cooperative agreement, under this section 
        shall submit an application to the Secretary at such 
        time, in such manner, and containing such information 
        as the Secretary may require.
          (2) Identified state needs.--Any such application 
        shall include information demonstrating to the 
        satisfaction of the Secretary that the activities 
        described in the application will address needs 
        identified by the State the applicant proposes to 
        serve.
    (g) Authorization of Appropriations.--There are authorized 
to be appropriated $81,000,000 to carry out this section for 
fiscal year 1998, and such sums as may be necessary for each of 
fiscal years 1999 through 2002.
          * * * * * * *
    Sec. 635(a)(1) There are authorized to be appropriated to 
carry out this part (other than sections 631(a)(7), [631(d)] 
631(e), and 633) $94,725,000 for fiscal year 1991, $103,255,000 
for fiscal year 1992, $113,580,000 for fiscal year 1993, and 
$123,760,000 for fiscal year [1994] each of fiscal years 1994 
through 1997.
    (2) There are authorized to be appropriated to carry out 
section 631(a)(7) $19,250,000 for fiscal year 1991, $21,175,000 
for fiscal year 1992, $23,292,500 for fiscal year 1993, and 
$25,621,750 for fiscal year [1994] each of fiscal years 1994 
through 1997.
    (3) There are authorized to be appropriated to carry out 
section [631(d)] 631(e) $11,000,000 for fiscal year 1991, 
$15,100,000 for fiscal year 1992, $16,300,000 for fiscal year 
1993, and $17,600,000 for fiscal year [1994] each of fiscal 
years 1994 through 1997.
    (4) There are authorized to be appropriated to carry out 
section 633 $2,900,000 for fiscal year 1991, $2,465,000 for 
fiscal year 1992, $2,710,000 for fiscal year 1993, and 
$2,960,000 for fiscal year [1994] each of fiscal years 1994 
through 1997.
          * * * * * * *

     [Part E--Research in the Education of Handicapped Individuals

                    [research and related activities

    [Sec. 641. (a) The Secretary may make grants to, or enter 
into contracts or cooperative agreements with, State and local 
educational agencies, institutions of higher education, other 
public agencies and nonprofit private organizations for the 
purpose of advancing and improving the knowledge base and 
improving the practice of professionals, parents, and others 
providing early intervention, special education, and related 
services, including professionals who work with children and 
youth with disabilities in regular education environments, to 
provide such children effective instruction and enable them to 
successfully learn. The activities supported under this section 
shall support innovation, development, exchange, and use of 
such advancements in knowledge and practice designed to 
contribute to the improvement of instruction and learning of 
infants, toddlers, children, and youth with disabilities. In 
carrying out this section, the Secretary may support a wide 
range of research and related activities designed to--
          [(1) advance knowledge regarding the provision of 
        instruction and other interventions to infants, 
        toddlers, children, and youth with disabilities 
        including--
                  [(A) the organization, synthesis, and 
                interpretation of current knowledge and the 
                identification of knowledge gaps;
                  [(B) the identification of knowledge and 
                skill competencies needed by personnel 
                providing special education, related services, 
                and early intervention services;
                  [(C) the improvement of knowledge regarding 
                the developmental and learning characteristics 
                of infants, toddlers, children, and youth with 
                disabilities in order to improve the design and 
                effectiveness of interventions and instruction;
                  [(D) the evaluation of approaches and 
                interventions;
                  [(E) the development of instructional 
                strategies, techniques, and activities;
                  [(F) the improvement of curricula and 
                instructional tools such as textbooks, media, 
                materials, and technology;
                  [(G) the development of assessment 
                techniques, instruments (including tests, 
                inventories, and scales), and strategies for 
                measurement of progress and the identification, 
                location, and evaluation of infants, toddlers, 
                children, and youth with disabilities for the 
                purpose of determining eligibility, program 
                planning, and placement for special education, 
                related services, and early intervention 
                services. Particular attention should be given 
                to the development of alternative assessment 
                procedures and processes for minority 
                individuals and those with limited English 
                proficiency;
                  [(H) the testing of research findings in 
                practice settings to determine the application, 
                usability, effectiveness, and generalizability 
                of such research findings;
                  [(I) the improvement of knowledge regarding 
                families, minorities, limited English 
                proficiency, and disabling conditions; and
                  [(J) the identification of environmental, 
                organizational, resource, and other conditions 
                necessary for effective professional practice; 
                and
          [(2) advance the use of knowledge by personnel 
        providing special education, related services, and 
        early intervention services including--
                  [(A) the improvement of knowledge regarding 
                how such individuals learn new knowledge and 
                skills, and strategies for effectively 
                facilitating such learning in preservice, 
                inservice, and continuing education;
                  [(B) the organization, integration, and 
                presentation of knowledge so that such 
                knowledge can be incorporated and imparted in 
                personnel preparation, continuing education 
                programs, and other relevant training and 
                communication vehicles; and
                  [(C) the expansion and improvement of 
                networks that exchange knowledge and practice 
                information.
    [(b) In carrying out subsection (a), the Secretary shall 
consider the special education, related services, or early 
intervention and research experience of applicants.
    [(c) The Secretary shall publish proposed priorities under 
this part in the Federal Register not later than 12 months 
preceding the fiscal year for which they are being announced, 
and shall allow a period of 60 days for public comments and 
suggestions. The Secretary shall, after analyzing and 
considering the public comments, publish final priorities in 
the Federal Register not later than 90 days after the close of 
the comment period.
    [(d) The Secretary shall provide an index (including the 
title of each project and the name and address of the funded 
organization) of all projects conducted under this part in the 
prior fiscal year in the annual report described under section 
618.
    [(e) The Secretary shall--
          [(1) coordinate the priorities established under 
        subsection (b) with research priorities established by 
        the National Institute for Disability and 
        Rehabilitation Research and other appropriate agencies 
        conducting research pertaining to the education of 
        individuals with disabilities; and
          [(2) provide information concerning priorities 
        established under subsection (b) to the National 
        Council on Disability and to the Bureau of Indian 
        Affairs Advisory Committee for Exceptional Children.
    [(f)(1) The Secretary shall make grants or enter into 
contracts or cooperative agreements for the establishment of a 
center or centers designed to organize, synthesize, and 
disseminate current knowledge relating to children with 
attention deficit disorder with respect to the following:
          [(A) Assessment techniques, instruments, and 
        strategies used for identification, location, 
        evaluation and for measurement of progress.
          [(B) Knowledge and skill competencies needed by 
        professionals providing special and regular education 
        and related services.
          [(C) Environmental, organizational, resource, and 
        other conditions necessary for effective professional 
        practice.
          [(D) Developmental and learning characteristics.
          [(E) Instructional strategies, techniques, and 
        activities.
          [(F) Curricula and instructional tools such as 
        textbooks, media, materials, and technology.
          [(G) Strategies, techniques, and activities related 
        to involvement of families.
    [(2) In awarding grants, contracts, and cooperative 
agreements under paragraph (1), the Secretary shall give 
priority consideration to applicants with--
          [(A) demonstrated knowledge concerning the disorder;
          [(B) proven effectiveness in performing the functions 
        established in this subsection; and
          [(C) the ability to--
                  [(i) conduct such projects;
                  [(ii) communicate with intended consumers of 
                information; and
                  [(iii) maintain the necessary communication 
                with national, regional, State, and local 
                agencies.
    [(g)(1) The Secretary shall make grants, or enter into 
contracts or cooperative agreements, for the establishment of 
model demonstration programs, of which some will be school-
based models, that provide the services of an ombudsman to 
assist in resolving problems that are barriers to appropriate 
educational, related services, or other services for children 
and youth with disabilities.
    [(2) Programs under paragraph (1) shall provide or identify 
personnel to assist children and youth with disabilities, their 
parents or guardians, special and regular education teachers, 
State and local education administrators, and related services 
personnel to resolve problems in a timely manner through 
dispute mediation and other methods, notwithstanding due 
process procedures, in order to further the delivery of 
appropriate education and related services. Participation in 
this program does not preclude or delay due process under part 
B of this Act.
    [(3) Ombudsman services for programs under paragraph (1) 
shall be provided by social workers, parent advocates, 
psychologists, and persons with similar qualifications 
designated by the Secretary.
    [(h)(1) The Secretary may make grants to institutions of 
higher education, in partnership with other appropriate 
agencies and organizations such as local educational agencies 
and center schools for students who are deaf, to--
          [(A) conduct research in the unique needs of children 
        and youth, including minority children and youth, with 
        disabilities;
          [(B) develop and evaluate specialized instructional 
        methods, materials, curricula, and technologies for use 
        with such children and youth; and
          [(C) develop and evaluate assessment techniques, 
        instruments, and strategies used to identify, evaluate, 
        and measure the progress of such children and youth.
    [(2) Each grantee under this subsection shall provide for 
the meaningful involvement in its project of parents and family 
members and adult role models.

    [research and demonstration projects in physical education and 
               recreation for children with disabilities

    [Sec. 642. The Secretary is authorized to make grants to 
States, State or local educational agencies, institutions of 
higher education, and other public or nonprofit private 
educational or research agencies and organizations, and to make 
contracts with States, State or local educational agencies, 
institutions of higher education, and other public or private 
educational or research agencies and organizations, for 
research and related purposes relating to physical education or 
recreation for children with disabilities, including 
therapeutic recreation, and to conduct research, surveys, or 
demonstrations relating to physical education or recreation for 
children with disabilities, including therapeutic recreation.

                    [authorization of appropriations

    [Sec. 643. For purposes of carrying out this part, there 
are authorized to be appropriated $21,100,000 for fiscal year 
1990, $24,650,000 for fiscal year 1991, $27,400,000 for fiscal 
year 1992, $30,200,000 for fiscal year 1993, and $33,200,000 
for [fiscal year 1994] each of fiscal years 1994 through 1997.

     [Part F--Instructional Media for Individuals With Disabilities

                               [purposes

    [Sec. 651. The purposes of this part are to promote--
          [(1) the general welfare of deaf and hard of hearing 
        individuals by--
                  [(A) bringing to such individuals 
                understanding and appreciation of those films 
                and television programs that play such an 
                important part in the general and cultural 
                advancement of hearing individuals;
                  [(B) providing through these films and 
                television programs enriched educational and 
                cultural experiences through which deaf and 
                hard of hearing individuals can be brought into 
                better touch with the realities of their 
                environment; and
                  [(C) providing a wholesome and rewarding 
                experience that deaf and hard of hearing 
                individuals may share together; and
          [(2) the educational advancement of individuals with 
        disabilities by--
                  [(A) carrying on research in the use of 
                educational media for individuals with 
                disabilities;
                  [(B) producing and distributing educational 
                media for the use of individuals with 
                disabilities, their parents, their actual or 
                potential employers, and other individuals 
                directly involved in work for the advancement 
                of individuals with disabilities;
                  [(C) training individuals in the use of 
                educational media for the instruction of 
                individuals with disabilities; and
                  [(D) utilizing educational media to help 
                eliminate illiteracy among individuals with 
                disabilities;
          [(3) the general welfare of visually impaired 
        individuals by--
                  [(A) bringing to such individuals an 
                understanding and appreciation of textbooks, 
                films, television programs, video material, and 
                other educational publications and materials 
                that play such an important part in the general 
                and cultural advancement of visually unimpaired 
                individuals; and
                  [(B) ensuring access to television 
                programming and other video materials.

[CAPTIONED FILMS, TELEVISION, DESCRIPTIVE VIDEO, AND EDUCATIONAL MEDIA 
                      FOR HANDICAPPED INDIVIDUALS

    [Sec. 652. (a) The Secretary shall establish a loan service 
of captioned films, descriptive video and educational media for 
the purpose of making such materials available in accordance 
with regulations, in the United States for nonprofit purposes 
to individuals with disabilities, parents of individuals with 
disabilities, and other individuals directly involved in 
activities for the advancement of individuals with 
disabilities, including for the purpose of addressing problems 
of illiteracy among individuals with disabilities.
    [(b) The Secretary is authorized to--
          [(1) acquire films (or rights thereto) and other 
        educational media by purchase, lease, or gift;
          [(2) acquire by lease or purchase equipment necessary 
        for the administration of this part;
          [(3) provide, by grant or contract, for the 
        captioning for deaf and hard of hearing individuals and 
        video description for the visually impaired, of films, 
        television programs, and video materials;
          [(4) provide, by grant or contract, for the 
        distribution of captioned and video-described films, 
        video materials, and other educational media and 
        equipment through State schools for handicapped 
        individuals, public libraries, and such other agencies 
        or entities as the Secretary may deem appropriate to 
        serve as local or regional centers for such 
        distribution;
          [(5) provide, by grant or contract, for the conduct 
        of research in the use of educational and training 
        films and other educational media for individuals with 
        disabilities, for the production and distribution of 
        educational and training films and other educational 
        media for individuals with disabilities and the 
        training of individuals in the use of such films and 
        media, including the payment to those individuals of 
        such stipends (including allowances for travel and 
        other expenses of such individuals and their 
        dependents) as the Secretary may determine, which shall 
        be consistent with prevailing practices under 
        comparable federally supported programs;
          [(6) utilize the facilities and services of other 
        governmental agencies;
          [(7) accept gifts, contributions, and voluntary and 
        uncompensated services of individuals and 
        organizations; and
          [(8) provide by grant or contract for educational 
        media and materials for deaf and hard of hearing 
        individuals.
    [(c) The Secretary may make grants to or enter into 
contracts or cooperative agreements with the National Theatre 
of the Deaf, Inc. and other appropriate non-profit 
organizations for the purpose of providing cultural experiences 
to--
          [(1) enrich the lives of deaf and hard of hearing 
        children and adults,
          [(2) increase public awareness and understanding of 
        deafness and of the artistic and intellectual 
        achievements of deaf and hard of hearing individuals, 
        and
          [(3) promote the integration of hearing and deaf and 
        hard of hearing individuals through shared cultural, 
        educational, and social experiences.
    [(d)(1) The Secretary is authorized to make a grant or 
enter into a contract for the purpose of providing current, 
free textbooks and other educational publications and materials 
to blind and other print-handicapped students in elementary, 
secondary, postsecondary, and graduate schools and other 
institutions of higher education through the medium of 
transcribed tapes and cassettes.
    [(2) For the purpose of this subsection, the term ``print-
handicapped'' refers to any individual who is blind or severely 
visually impaired, or who, by reason of a physical or 
perceptual disability, is unable to read printed material 
unassisted.

                    [authorization of appropriations

    [Sec. 653. For the purpose of carrying out section 652 
there are authorized to be appropriated $20,010,000 for fiscal 
year 1991, $22,010,000 for fiscal year 1992 $24,200,000 for 
fiscal year 1993, and $26,600,000 for [fiscal year 1994] each 
of fiscal years 1994 through 1997.]

 [Part G--Technology, Educational Media, and Materials for Individuals 
                           With Disabilities

                         [financial assistance

    [Sec. 661. (a) The Secretary may make grants or enter into 
contracts or cooperative agreements with institutions of higher 
education, State and local educational agencies, or other 
appropriate agencies and organizations for the purpose of 
advancing the use of new technology, media, and materials in 
the education of students with disabilities and the provision 
of related services and early intervention services to infants 
and toddlers with disabilities. In carrying out this section, 
the Secretary may fund projects or centers for the purposes 
of--
          [(1) determining how technology, assistive 
        technology, media, and materials are being used in the 
        education of individuals with disabilities and how they 
        can be used most effectively, efficiently, and 
        appropriately,
          [(2) designing and adapting technology, assistive 
        technology, media, and materials to improve the 
        education of students with disabilities,
          [(3) assisting the public and private sectors in the 
        development and marketing of technology, assistive 
        technology, media, and materials for the education of 
        individuals with disabilities
          [(4) disseminating information on the availability 
        and use of technology, assistive technology, media, and 
        materials for the education of individuals with 
        disabilities, where appropriate, to entities described 
        in section 610(g),
          [(5) increasing access to and use of assistive 
        technology devices and assistive technology services in 
        the education of infants, toddlers, children, and youth 
        with disabilities, and other activities authorized 
        under the Technology-Related Assistance for Individuals 
        With Disabilities Act of 1988, as such Act relates to 
        the education of students with disabilities, and
          [(6) examining how these purposes can address the 
        problem of illiteracy among individuals with 
        disabilities.
    [(b)(1) With respect to new technology, media, and 
materials utilized with funds under this part to improve the 
education of students with disabilities, the Secretary shall 
make efforts to ensure that such instructional materials are 
closed captioned.
    [(2) The Secretary may not award a grant, contract, or 
cooperative agreement under paragraphs (1) through (4) of 
subsection (a) unless the applicant for such assistance agrees 
that activities carried out with the assistance will be 
coordinated as appropriate, with the State entity receiving 
funds under title I of the Technology-Related Assistance for 
Individuals with Disabilities Act of 1988.

                    [authorization of appropriations

    [Sec. 662. For the purpose of carrying out this part, there 
are authorized to be appropriated $11,900,000 for fiscal year 
1991, $12,860,000 for fiscal year 1992, $13,890,000 for fiscal 
year 1993, and $15,000,000 for [fiscal year 1994] each of 
fiscal years 1994 through 1997.]

  PART E--IMPROVING EARLY INTERVENTION, EDUCATIONAL, AND TRANSITIONAL 
SERVICES AND RESULTS FOR CHILDREN WITH DISABILITIES THROUGH COORDINATED 
    TECHNICAL ASSISTANCE, SUPPORT, AND DISSEMINATION OF INFORMATION

SEC. 641. FINDINGS AND PURPOSES.

    (a) In General.--Congress finds that--
          (1) national technical assistance, support, and 
        dissemination activities are necessary to ensure that 
        the provisions of parts B and H are fully implemented 
        and achieve early intervention, educational, and 
        transitional results for children with disabilities and 
        their families;
          (2) parents, teachers, administrators, and related 
        services personnel need technical assistance and 
        information in a timely, coordinated, and accessible 
        manner in order to improve early intervention, 
        educational, and transitional services and results, at 
        the State and local levels for children with 
        disabilities and their families;
          (3) parent training and information activities have 
        taken on increased importance in efforts to assist 
        parents of a child with a disability in dealing with 
        the multiple pressures of rearing such a child and are 
        of particular importance in--
                  (A)(i) ensuring the involvement of such 
                parents in planning and decisionmaking with 
                respect to early intervention, educational, and 
                transitional services; and
                  (ii) achieving early intervention, 
                educational, and transitional results for 
                children with disabilities;
                  (B) providing such parents information on 
                their rights and protections under this Act to 
                ensure improved early intervention, 
                educational, and transitional results for 
                children with disabilities;
                  (C) 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 
                643(d)(2)(E); and
                  (D) supporting the roles of such parents as 
                participants within partnerships seeking to 
                improve early intervention, educational, and 
                transitional services and results, for children 
                with disabilities and their families;
                  (4) providers of parent training and 
                information activities need to ensure that such 
                parents who have limited access to services and 
                supports, due to economic, cultural, or 
                linguistic barriers, are provided with access 
                to appropriate parent training and information 
                activities;
                  (5) parents of children with disabilities 
                need information that helps the parents to 
                understand the rights and responsibilities of 
                their children under part B;
                  (6) the provision of coordinated technical 
                assistance and dissemination of information to 
                State and local agencies, institutions of 
                higher education, and other providers of 
                services to children with disabilities are 
                essential in--
                  (A) supporting the process of achieving 
                systems change outcomes;
                  (B) supporting actions in areas of priority 
                specific to the improvement of early 
                intervention, educational, and transitional 
                results for children with disabilities;
                  (C) conveying information and assistance that 
                are--
                          (i) based on current research (as of 
                        the date the information and assistance 
                        are conveyed);
                          (ii) accessible and meaningful for 
                        use in supporting systems change 
                        activities of State and local 
                        partnerships; and
                          (iii) linked directly to improving 
                        early intervention, educational, and 
                        transitional services and results, for 
                        children with disabilities and their 
                        families; and
                  (D) organizing systems and information 
                networks for such information, based on modern 
                technology related to--
                          (i) storing and gaining access to 
                        information; and
                          (ii) distributing information in a 
                        systematic manner to parents, students, 
                        professionals, and policymakers;
          (7) Federal support for carrying out technology 
        research, technology development, and educational media 
        services and activities has resulted in major 
        innovations that have significantly improved early 
        intervention, educational, and transitional services 
        and results, for children with disabilities and their 
        families; and
          (8) such Federal support is needed to--
                  (A) stimulate the development of software, 
                interactive learning tools, and devices to 
                address early intervention, educational, and 
                transitional results for children with 
                disabilities who have certain disabilities;
                  (B) make information available on technology 
                research, technology development, and 
                educational media services and activities to 
                individuals involved in the provision of early 
                intervention, educational, and transitional 
                services to children with disabilities;
                  (C) promote the integration of technology 
                into curricula to improve early intervention, 
                educational, and transitional results for 
                children with disabilities;
                  (D) provide incentives for the development of 
                technology and media devices and tools that are 
                not readily found or available because of the 
                small size of potential markets;
                  (E) make resources available to pay for such 
                devices and tools and educational media 
                services and activities;
                  (F) promote the training of personnel to--
                          (i) provide such devices, tools, 
                        services, and activities in a competent 
                        manner; and
                          (ii) assist children with 
                        disabilities and their families in 
                        using such devices, tools, services, 
                        and activities; and
                  (G) coordinate the provision of such devices, 
                tools, services, and activities--
                          (i) among State human services 
                        programs; and
                          (ii) between such programs and 
                        private agencies.
    (b) Purposes.--The purposes of this part are to provide 
funding to ensure that--
          (1) children with disabilities, and their parents, 
        receive training and information on their rights and 
        protections under this Act, in order to develop the 
        skills necessary to effectively participate in planning 
        and decisionmaking relating to early intervention, 
        educational, and transitional services and in systems 
        change activities;
          (2) parents, teachers, administrators, early 
        intervention personnel, related services personnel, and 
        transition personnel receive coordinated and accessible 
        technical assistance and information to assist such 
        persons through systems change activities and other 
        efforts, to improve early intervention, educational, 
        and transitional services and results, for children 
        with disabilities and their families;
          (3) appropriate technology and media are researched, 
        developed, demonstrated, and made available in timely 
        and accessible formats to parents, teachers, and all 
        types of personnel providing services to children with 
        disabilities to support their roles as partners in the 
        improvement and implementation of early intervention, 
        educational, and transitional services and results, for 
        children with disabilities and their families;
          (4) children with disabilities understand (on 
        reaching the age of majority specified under 
        appropriate State law) their rights and 
        responsibilities under part B, if the State provides 
        for the transfer of parental rights under section 
        615(j) (as amended by section 206(c)(8) of the 
        Individuals with Disabilities Education Act Amendments 
        of 1996); and
          (5) the general welfare of deaf and hard-of-hearing 
        individuals is promoted by--
                  (A) bringing to such individuals 
                understanding and appreciation of the films and 
                television programs that play an important part 
                in the general and cultural advancement of 
                hearing individuals;
                  (B) providing, through the films and 
                television programs, enriched educational and 
                cultural experiences through which deaf and 
                hard-of-hearing individuals can better 
                understand the realities of their environment; 
                and
                  (C) providing wholesome and rewarding 
                experiences that deaf and hard-of-hearing 
                individuals may share.

SEC. 642. DEFINITIONS.

    As used in this part:
          (1) Early intervention services.--The term ``early 
        intervention services'' has the meaning given the term 
        in section 632.
          (2) Individual with a disability; individuals with 
        disabilities.--The terms ``individual with a 
        disability'' and ``individuals with disabilities'' have 
        the meanings given the terms in section 3 of the 
        Technology-Related Assistance for Individuals With 
        Disabilities Act of 1988 (29 U.S.C. 2202).
          (3) Partnership.--The term ``partnership'' means a 
        partnership described in section 623(a).

SEC. 643. PARENT TRAINING AND INFORMATION.

    (a) In General.--
          (1) Grants.--
                  (A) Authority.--The Secretary may 
                competitively make grants to, or enter into 
                contracts or cooperative agreements with, 
                private, nonprofit organizations for the 
                purpose of providing parent training and 
                information activities for parents of children 
                with disabilities, and persons who work with 
                such parents, to enable the parents and persons 
                to participate in, and conduct advocacy for, 
                effective ways, including mediation, to meet 
                the needs of and improve early intervention, 
                educational, and transitional results for 
                children with disabilities.
                  (B) Centers and programs.--Such activities 
                may be provided--
                          (i) by an organization that operates 
                        or intends, if funded, to operate a 
                        parent training and information center 
                        described in subsection (b); and
                          (ii) by a parent organization that 
                        operates or intends, if funded, to 
                        operate a community parent training and 
                        information program described in 
                        subsection (c) that is designed 
                        specifically to build the capacity of 
                        persons who work with parents of 
                        children with disabilities who are 
                        members of unserved, underserved, or 
                        inappropriately identified populations, 
                        to demonstrate and assist in the 
                        replication of models for such 
                        activities, and to provide such 
                        activities to address the needs of such 
                        parents.
                  (C) Proposal.--The Secretary shall make such 
                a grant to, or enter into such a contract or 
                cooperative agreement with, an organization 
                that proposes activities that are designed to 
                meet the unique training and information needs, 
                as determined by needs assessment data, of 
                parents of children with disabilities who are 
                living in the area to be served under the 
                grant, contract, or cooperative agreement, 
                particularly parents of children with 
                disabilities who are members of unserved or 
                underserved populations.
          (2) Eligible organizations; membership and 
        governance.--To be eligible to apply to receive a 
        grant, or enter into a contract or cooperative 
        agreement, under this section, an organization--
                  (A) shall be governed by a board of directors 
                that--
                          (i) represents a coalition, of which 
                        a majority of the members are parents 
                        of children with disabilities, 
                        particularly parents of children with 
                        disabilities who are members of 
                        unserved, underserved, or 
                        inappropriately identified populations; 
                        and
                          (ii) includes--
                                  (I) professionals in fields 
                                related to the provision of 
                                early intervention services, 
                                special education, and related 
                                services; and
                                  (II) individuals with 
                                disabilities; or
                  (B) shall have a membership that represents 
                the interests of individuals with disabilities, 
                and shall establish a special governing 
                committee--
                          (i) of which a majority of the 
                        members are parents of infants and 
                        toddlers with disabilities or of 
                        children with disabilities;
                          (ii) that includes--
                                  (I) professionals in fields 
                                related to the provision of 
                                early intervention services, 
                                special education, and related 
                                services; and
                                  (II) individuals with 
                                disabilities; and
                          (iii) of which the parent and 
                        professional members are broadly 
                        representative of the population to be 
                        served by the organization.
          (3) Eligible organizations; capacity and expertise.--
        To be eligible to receive a grant, or enter into a 
        contract or cooperative agreement, under this section, 
        an organization shall demonstrate the capacity and 
        expertise necessary--
                  (A) to conduct the parent training and 
                information activities described in paragraph 
                (1); and
                  (B) to work with partnerships carrying out 
                State systems change activities under part C, 
                seeking to improve early intervention, 
                educational, and transitional services and 
                results, for children with disabilities.
    (b) Parent Training and Information Centers; Authorized 
Activities.--Each organization that receives a grant, or enters 
into a contract or cooperative agreement, under subsection (a) 
to operate a parent training and information center shall--
          (1) provide parent training and information 
        activities that meet the training and information needs 
        of all parents of children with disabilities living in 
        the area to be served under the grant, contract, or 
        cooperative agreement, particularly parents of children 
        with disabilities who are members of unserved or 
        underserved populations;
          (2) serve the parents of children with disabilities 
        who, collectively, have the full range of disabilities;
          (3) assist the parents of children with disabilities 
        in better understanding the nature of the disabilities 
        of their children and the needs of their children to 
        obtain improved early intervention, educational, and 
        transitional services and results;
          (4) assist such parents in communicating effectively 
        with early intervention services personnel, general and 
        special education personnel, administrators, and other 
        relevant persons;
          (5) assist such parents in participating in 
        decisionmaking processes, including the development of 
        individualized education programs under part B and 
        individualized family service plans under part H, for 
        children with disabilities;
          (6) assist such parents in obtaining appropriate 
        information about the range of options, programs, 
        supports, and resources available at national, State, 
        and local levels to assist children with disabilities 
        and their families;
          (7) assist such parents in understanding the 
        provisions of this Act relating to the education of, 
        and provision of early intervention services for, 
        children with disabilities;
          (8) assist such parents in participating as informed 
        participants in State systems change activities, 
        especially systems change activities funded under part 
        C;
          (9) ensure that parents of children who are members 
        of inappropriately identified populations, and who are 
        being referred for or are receiving special education 
        services, are informed about problems connected with 
        inappropriately identifying such children as described 
        in section 602(a)(13);
          (10) assist children with disabilities, particularly 
        such children who are members of unserved or 
        underserved populations, in understanding their rights 
        and responsibilities under this Act on reaching the age 
        of majority for the State in which such a child 
        resides, if the State provides for the transfer of 
        parental rights under section 615(j) (as amended by 
        section 206(c)(8) of the Individuals with Disabilities 
        Education Act Amendments of 1996) to the children;
          (11) report to the Secretary on--
                  (A) the number of such parents for whom the 
                organization provided parent training and 
                information activities; and
                  (B) the effectiveness of strategies used to 
                reach and serve such parents, including low-
                income parents from urban areas, low-income 
                parents from rural areas, parents with limited-
                English proficiency who have children with 
                disabilities, and parents with disabilities;
          (12) establish cooperative relationships with all 
        other entities operating parent training and 
        information centers, including community parent 
        training and information programs described in 
        subsection (c), in the State in which the organization 
        is operating a parent training and information center; 
        and
          (13) consult and establish networks with appropriate 
        national, regional, and local agencies and 
        organizations, such as protection and advocacy 
        agencies, within the geographic area served by the 
        organization, that serve or assist children with 
        disabilities and their families.
    (c) Community Parent Training and Information Programs; 
Authorized Activities.--
          (1) In general.--Each parent organization that 
        receives a grant, or enters into a contract or 
        cooperative agreement, under subsection (a) to carry 
        out a community parent training and information program 
        shall build the capacity, demonstrate and assist in the 
        replication of the models, and provide the activities 
        described in subsection (a)(1)(B)(ii).
          (2) Parents assisted.--Each such parent organization 
        shall build such capacity, demonstrate and assist in 
        the replication of such models, and provide such 
        activities, in a manner that will help ensure that 
        parents of children with disabilities who are members 
        of unserved or underserved populations participate in 
        parent training and information activities.
          (3) Objectives.--The services described in paragraph 
        (1) shall result in new capacity, demonstrated and 
        replicated models, and training and information 
        activities, needed to enable the parents described in 
        paragraph (2) to participate effectively in helping 
        their children with disabilities and to serve as 
        informed participants in partnerships within their 
        State, leading to improved early intervention, 
        educational, and transitional services and results, for 
        all children with disabilities and their families.
          (4) Community training and information activities.--
        Such services shall--
                  (A) include capacity building, demonstration 
                and replication of models, and the provision of 
                training and information activities, that meet 
                the needs of parents of children with 
                disabilities who are members of unserved or 
                underserved populations;
                  (B) include activities carried out through 
                cooperative relationships with the parent 
                training and information centers;
                  (C) include accommodations and strategies to 
                meet the specific needs of families who 
                experience significant isolation from available 
                sources of information and support;
                  (D) demonstrate, utilize, and document the 
                use and effectiveness of, model approaches to 
                address the multiple needs of children with 
                disabilities who are members of unserved or 
                underserved populations; and
                  (E) ensure that parents of children who are 
                members of inappropriately identified 
                populations, and who are being referred for or 
                are receiving special education services, are 
                informed about problems connected with 
                inappropriately identifying such children as 
                described in section 602(a)(13).
          (5) Report.--Each parent organization that receives a 
        grant, or enters into a contract or cooperative 
        agreement, under subsection (a) to operate a community 
        parent training and information program shall report to 
        the Secretary on--
                  (A) the number of parents of children with 
                disabilities who are members of unserved or 
                underserved populations for whom the 
                organization provided parent training and 
                information activities;
                  (B) the effectiveness and impact of 
                strategies used to reach and serve such 
                parents; and
                  (C) the impact of the increased capacity 
                described in subsection (a)(1)(B)(ii) on the 
                provision of parent training and information 
                activities and on improved early intervention, 
                educational, and transitional results for such 
                children.
    (d) Technical Assistance; Authorized Activities.--The 
Secretary may provide technical assistance to organizations 
to--
          (1) carry out parent training and information 
        activities by--
                  (A) coordinating parent training efforts; and
                  (B) providing or helping to disseminate 
                information to centers funded under this part; 
                and
          (2) develop, coordinate, and disseminate information 
        on the following parent training and information 
        activities:
                  (A) Assisting the centers in evaluating their 
                activities under this part.
                  (B) Promoting the use of technology by the 
                centers to make information available.
                  (C) Reaching parents of children with 
                disabilities who are members of unserved or 
                underserved populations.
                  (D) Including children with disabilities in 
                general education programs.
                  (E)(i) Supporting the transition of children 
                with disabilities from--
                          (I) early intervention services to 
                        preschool;
                          (II) preschool to elementary school; 
                        and
                          (III) secondary school to 
                        postsecondary school and employment.
                  (ii) Promoting mediation and alternative 
                methods of dispute resolution for children with 
                disabilities.
                  (F) Assisting parent training and information 
                centers in becoming effective partners in State 
                systems change activities, leading to improved 
                early intervention, educational, and 
                transitional results for children with 
                disabilities.
    (e) 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.
    (f) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $13,600,000 for 
fiscal year 1998, and such sums as may be necessary for each of 
fiscal years 1999 through 2002.

SEC. 644. COORDINATED TECHNICAL ASSISTANCE AND DISSEMINATION.

    (a) In General.--The Secretary may, directly or by 
competitively making grants and entering into contracts and 
cooperative agreements with eligible entities, provide 
technical assistance and information through institutes, 
resource centers, clearinghouses, and programs that support 
States and local entities in building capacity to improve early 
intervention, educational, and transitional services and 
results, for children with disabilities and their families, and 
address systems change goals and priorities.
    (b) Systemic Technical Assistance; Authorized Activities.--
In carrying out this section, the Secretary may carry out or 
support any technical assistance activities that are consistent 
with the objectives described in subsection (a), including 
activities that--
          (1) assist States, local educational agencies, and 
        other members of partnerships with the process of 
        planning systemic changes that will promote improved 
        early intervention, educational, and transitional 
        results for children with disabilities;
          (2) promote change through a multistate or regional 
        framework that benefits States, local educational 
        agencies, and other members of partnerships, that are 
        in the process of achieving systems change outcomes;
          (3) increase the depth and utility of information in 
        ongoing and emerging areas of priority need identified 
        by States, local educational agencies, and other 
        members of partnerships, that are in the process of 
        achieving systems change outcomes; and
          (4) develop long-term working relationships with 
        States, local educational agencies, and other members 
        of partnerships, by--
                  (A) developing familiarity with the 
                practices, procedures, and policies of the 
                States, agencies, and other members;
                  (B) providing services that are based on the 
                needs and concerns identified by the members of 
                the partnerships, rather than on externally 
                imposed criteria or topics;
                  (C) focusing on accountability of the States, 
                agencies, and other members for improved early 
                intervention, educational, and transitional 
                results for children with disabilities; and
                  (D) coordinating activities with 
                clearinghouses to disseminate information and 
                data on needs and results of children with 
                disabilities.
    (c) Interorganizational Technical Assistance; Authorized 
Activities.--In carrying out this section, the Secretary may 
carry out or support any activities that are consistent with 
the objectives described in subsection (a), including 
activities for States, local educational agencies, and other 
members of partnerships, that--
          (1) focus on major requirements of this Act as 
        determined by the Secretary, in which 
        interorganizational issues are present and are 
        perceived to be barriers to systemic change and to 
        improved early intervention, educational, and 
        transitional results for children with disabilities;
          (2) facilitate interorganizational collaboration at 
        Federal, State, and local levels in order to achieve 
        such change and such improved results; and
          (3) consist of extensive collaboration with 
        noneducation entities (such as entities that provide 
        services for infants and toddlers with disabilities, 
        early intervention services, mental health services, 
        health services, and vocational rehabilitation 
        services) in order to facilitate systems change 
        outcomes and the improvement of early intervention, 
        educational, and transitional results for children with 
        disabilities.
    (d) Specialized Technical Assistance; Authorized 
Activities.--In carrying out this section, the Secretary may 
carry out or support any activities that are consistent with 
the objectives described in subsection (a), including 
activities that--
          (1) focus on specific areas of high priority need 
        that--
                  (A) are identified by States, local 
                educational agencies, and other members of 
                partnerships;
                  (B) require the development of new knowledge, 
                or the analysis and synthesis of substantial 
                bodies of information not readily available to 
                the States, agencies, and other members; and
                  (C) will contribute significantly to the 
                improvement of early intervention, educational, 
                and transitional services and results, for 
                children with disabilities and their families;
          (2) focus on needs and issues that are specific to a 
        population of children with disabilities, such as the 
        provision of single State and multi-State technical 
        assistance and inservice training to--
                  (A) schools and agencies serving deaf-blind 
                children and their families; and
                  (B) programs and agencies serving other 
                groups of children with low-incidence 
                disabilities and their families; and
          (3) address the postsecondary education needs of 
        individuals who are deaf or hard of hearing through the 
        operation of 4 model regional center programs.
    (e) National Information Dissemination and Referral; 
Authorized Activities.--In carrying out this section, the 
Secretary may carry out or support information dissemination 
and referral activities that are consistent with the objectives 
described in subsection (a), including activities that address 
national needs for the preparation and dissemination of 
information relating to eliminating barriers to systems change 
outcomes and improving early intervention, educational, and 
transitional results for children with disabilities, including 
information relating to--
          (1) infants and toddlers with disabilities and their 
        families, and children with disabilities (including 
        youth with disabilities) and their families;
          (2) the provision of services and supports to deaf-
        blind children;
          (3) the provision of services to blind and print-
        disabled children;
          (4) the provision of postsecondary services to 
        individuals with disabilities; and
          (5) the need for and use of personnel to provide 
        services to children with disabilities.
    (f) National Technical Assistance and Dissemination 
Coordination Activities; Authorized Activities.--In carrying 
out this section, the Secretary may carry out or support any 
activities that are consistent with the objectives described in 
subsection (a), including activities that--
          (1) link and coordinate activities of--
                  (A) all information and technical assistance 
                programs funded under this Act; and
                  (B) other programs that support systems 
                change outcomes, including programs that 
                involve early intervention, educational, or 
                transitional services;
          (2) coordinate national information on issues that--
                  (A) are of critical interest to State 
                educational agencies and local educational 
                agencies, other agency personnel, parents of 
                children with disabilities, and individuals 
                with disabilities; and
                  (B) include issues relating to--
                          (i) educational reform and systemic 
                        change within States;
                          (ii) interorganizational 
                        collaboration and service provision;
                          (iii) personnel recruitment, 
                        retention, and preparation;
                          (iv) services for populations of 
                        children with low-incidence 
                        disabilities, including deaf-blind 
                        children, and targeted age groupings;
                          (v) promoting schools that are safe 
                        and conducive to learning; and
                          (vi) early intervention services and 
                        results;
          (3) provide information on organizing systems and 
        information networks, concerning information retrieval 
        and dissemination; and
          (4) provide information concerning the value and 
        effectiveness of technical assistance and dissemination 
        activities and their impact on improved early 
        intervention, educational, and transitional services 
        and results, for children with disabilities and their 
        families.
    (g) Applications.--An eligible entity that wishes to 
receive a grant, or enter into a contract or cooperative 
agreement, under this section shall submit an application to 
the Secretary at such time, in such manner, and containing such 
information as the Secretary may require.
    (h) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $36,434,000 for 
fiscal year 1998, and such sums as may be necessary for each of 
fiscal years 1999 through 2002.

SEC. 645. TECHNOLOGY DEVELOPMENT, DEMONSTRATION, AND UTILIZATION, AND 
                    MEDIA SERVICES.

    (a) In General.--The Secretary may competitively make 
grants to, and enter into contracts and cooperative agreements 
with, eligible entities and consortia of eligible entities, to 
support activities described in subsections (b) and (c).
    (b) Technology Development, Demonstration and Utilization; 
Authorized Activities.--In carrying out this section, the 
Secretary may support activities that consist of--
          (1) conducting research and development activities on 
        the use of innovative and emerging technologies for 
        children with disabilities;
          (2) promoting the demonstration and use of innovative 
        and emerging technologies for children with 
        disabilities by improving and expanding the transfer of 
        technology from research and development to practice;
          (3) providing technical assistance, to recipients of 
        other assistance under this section, concerning the 
        development of accessible, effective, and usable 
        products;
          (4) communicating information on available technology 
        and the uses of such technology to assist children with 
        disabilities;
          (5) supporting the implementation of research 
        programs on captioning or video description;
          (6) supporting research, development, and 
        dissemination of technology with universal design 
        features, so that the technology is accessible to 
        individuals with disabilities without further 
        modification or adaptation; and
          (7) demonstrating the use of publicly funded 
        telecommunications systems to provide parents and 
        teachers with information and training concerning early 
        diagnosis of, intervention for, and effective teaching 
        strategies for young children with reading 
        disabilities.
    (c) Educational Media Services; Authorized Activities.--In 
carrying out this section, the Secretary may support activities 
that consist of--
          (1) carrying out educational media activities that 
        are designed to be of educational value to children 
        with disabilities;
          (2) providing video description, open captioning, or 
        closed captioning of television programs, videos, or 
        educational materials;
          (3) distributing captioned and described videos or 
        educational materials;
          (4) providing, through the national education library 
        for the blind and print-disabled, recorded free 
        educational materials, including textbooks, for 
        visually impaired and print-disabled students in 
        elementary, secondary, postsecondary, and graduate 
        schools;
          (5) providing, through the National Theater of the 
        Deaf and other appropriate nonprofit organizations, 
        cultural experiences--
                  (A) enriching the lives of deaf and hard-of-
                hearing children and adults;
                  (B) increasing public awareness and 
                understanding of deafness and of the artistic 
                and intellectual achievements of deaf and hard-
                of-hearing persons; and
                  (C) promoting the integration of hearing, 
                deaf, and hard-of-hearing persons through 
                shared cultural, educational, and social 
                experiences; and
          (6) compiling and evaluating appropriate data 
        relating to the activities described in paragraphs (1) 
        through (5).
    (d) Applications.--Any eligible entity that wishes to 
receive a grant, or enter into a contract or cooperative 
agreement, under this section shall submit an application to 
the Secretary at such time, in such manner, and containing such 
information as the Secretary may require.
    (e) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $30,000,000 for 
fiscal year 1998, and such sums as may be necessary for each of 
fiscal years 1999 through 2002.
          * * * * * * *

              Individuals With Disabilities Education Act

          * * * * * * *
    Sec. 671(b) Policy.--It is therefore the policy of the 
United States to provide financial assistance to States--
          (1) to develop and implement a statewide, 
        comprehensive, coordinated, multidisciplinary, 
        interagency [program of] 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), [and]
          (3) to enhance their capacity to provide quality 
        early intervention services and expand and improve 
        existing early intervention services being provided to 
        infants and toddlers with disabilities and their 
        families[.], and
          (4) to encourage States to expand opportunities for 
        children from birth through age 2 who are at risk of 
        having substantial developmental delays if early 
        intervention services are not provided to the children.
          * * * * * * *
    [Sec. 672. As used in this part--]
    Sec. 672. Definitions._As used in this part--
          [(4)] (1) Council.--The term ``Council'' means the 
        State Interagency Coordinating Council established 
        under section 682.
          [(3)] (2) Developmental delay.--The term 
        ``developmental delay'' has the meaning given such term 
        by a State under section 676(b)(1).
          [(2)] (3) Early intervention services.-- * * *
          * * * * * * *
          [(1)] (4) Infant or toddler with a disability.--[The 
        term ``infants and toddlers with disabilities'' means 
        individuals] The term ``infant or toddler with a 
        disability'' means a child'' from [birth to age 2, 
        inclusive, who need early intervention services because 
        they] birth through age 2 who needs early intervention 
        services because the child--
                  (A) [are experiencing developmental delays] 
                is experiencing a developmental delay, as 
                measured by appropriate diagnostic instruments 
                and procedures in one or more of the following 
                areas: cognitive development, physical 
                development, language and speech development 
                (hereafter in this part referred to as 
                ``communication development''), psychosocial 
                development (hereafter in this part referred to 
                as ``social or emotional development''), or 
                self-help skills (hereafter in this part 
                referred to as ``adaptive development''), or
                  (B) [have] has a diagnosed physical or mental 
                condition [which] that has a high probability 
                of resulting in developmental delay.
        [Such term may also include, at a State's discretion, 
        individuals from birth to age 2, inclusive, who are at 
        risk of having substantial developmental delays if 
        early intervention services are not provided.] Such 
        term may also include, at the discretion of a State, a 
        child from birth through age 2 who is at risk of having 
        a substantial developmental delay if early intervention 
        services are not provided (referred to individually in 
        this part as an ``at risk infant or toddler'' and 
        collectively in this part as ``at risk infants and 
        toddlers'').
          * * * * * * *
          (5) Infants and toddlers with disabilities. The term 
        ``infants and toddlers with disabilities'' means more 
        than 1 infant or toddler with a disability.
          * * * * * * *
    Sec. 673. The Secretary shall, in accordance with this 
part, make grants to States (from their allocations under 
section 684) to assist each State to [develop] implement a 
statewide, comprehensive, coordinated, multidisciplinary, 
interagency system to provide early intervention services for 
infants and toddlers with disabilities and their families.
          * * * * * * *

                              Eligibility

    Sec. 674. [General eligibility] In order to be eligible for 
a grant under section 673 for any fiscal year, a State shall 
demonstrate to the Secretary (in its application under section 
678) that the [State has established a State Interagency 
Coordinating Council which meets the requirements of section 
682.] State has in effect the statewide system that is required 
by section 676.
          * * * * * * *
    [Sec. 675. Continuing eligibility.--
    [(a) First two years. In order to be eligible for a grant 
under section 673 for the first or second year of a State's 
participation under this part, a State shall include in its 
application under section 678 for that year an assurance that 
funds received under section 673 shall be used to assist the 
State to plan, develop, and implement the statewide system 
required by section 676.
    [(b) Third and fourth year.
          [(1) In order to be eligible for a grant under 
        section 673 for the third or fourth year of a State's 
        participation under this part, a State shall include in 
        its application under section 678 for that year 
        information and assurances demonstrating to the 
        satisfaction of the Secretary that--
                  [(A) the State has adopted a policy which 
                incorporates all of the components of a 
                statewide system in accordance with section 676 
                or obtained a waiver from the Secretary under 
                paragraph (2),
                  [(B) funds shall be used to plan, develop, 
                and implement the statewide system required by 
                section 676, and
                  [(C) such statewide system will be in effect 
                no later than the beginning of the fourth year 
                of the State's participation under section 673, 
                except that in order to comply with section 
                676(b)(4), a State need only conduct 
                multidisciplinary assessments, develop 
                individualized family service plans, and make 
                available case management services.
          [(2) Notwithstanding paragraph (1), the Secretary may 
        permit a State to continue to receive assistance under 
        section 673 during such third year even if the State 
        has not adopted the policy required by paragraph (1)(A) 
        before receiving assistance if the State demonstrates 
        in its application--
                  [(A) that the State has made a good faith 
                effort to adopt such a policy,
                  [(B) the reasons why its was unable to meet 
                the timeline and the steps remaining before 
                such a policy will be adopted, and
                  [(C) an assurance that the policy will be 
                adopted and go into effect before the fourth 
                year of such assistance.
    [(c) Fifth and succeeding years. In order to be eligible 
for a grant under section 673 for a fifth and any succeeding 
year of a State's participation under this part, a State shall 
include in its application under section 678 for that year 
information and assurances demonstrating to the satisfaction of 
the Secretary that the State has in effect the statewide system 
required by section 676 and a description of services to be 
provided under section 676(b)(2).
    [(d) Exception.--Notwithstanding subsections (a) and (b), a 
State which has in effect a State law, enacted before September 
1, 1986, that requires the provision of free appropriate public 
education to children with disabilities from birth through age 
2, inclusive, shall be eligible for a grant under section 673 
for the first through fourth years of a State's participation 
under this part.
    [(e) Differential funding for fourth or fifth year.--
          [(1) In general.--Notwithstanding any other provision 
        of this part, a State shall be eligible for a grant 
        under section 673 for fiscal years 1990, 1991, or 1992 
        if--
                  [(A) the State satisfies the eligibility 
                criteria described in subsection (b)(1) 
                pertaining to the State's third or fourth year 
                of participation under this part and
                  [(B) the Governor, on behalf of the State, 
                submits, by a date that the Secretary may 
                establish for each such year, a request for 
                extended participation, including--
                          [(i) information demonstrating to the 
                        Secretary's satisfaction that the State 
                        is experiencing significant hardships 
                        in meeting the requirements of this 
                        section for the fourth or fifth year of 
                        participation; and
                          [(ii) a plan, including timelines, 
                        for meeting the eligibility criteria 
                        described in subsections (b)(1) and (c) 
                        for the fourth, fifth, or succeeding 
                        years of participation.
          [(2) Approval of request.--
                  [(A) First year. The Secretary shall approve 
                a State's request for a first year of extended 
                participation under this subsection if the 
                State meets the requirements of paragraph (1).
                  [(B) Second year. The Secretary shall approve 
                a State's request for a second year of extended 
                participation under this subsection if State--
                          [(i) meets the requirements of 
                        paragraph (1); and
                          [(ii) demonstrates to the Secretary's 
                        satisfaction that the State has made 
                        reasonable progress in implementing the 
                        plan described in paragraph (1)(B)(ii).
          [(3) Duration.--The Secretary may not approve more 
        than two requests from the same State for extended 
        participation under this subsection.
          [(4) Payment.--
                  [(A) Fiscal year 1990. Notwithstanding any 
                other provision of law, each State qualifying 
                for extended participation under this 
                subsection for fiscal year 1990 shall receive a 
                payment under this part in an amount equal to 
                such State's payment under this part for fiscal 
                year 1989.
                  [(B) Fiscal year 1991 or 1992. Except as 
                provided in subparagraph (C) and 
                notwithstanding any other provision of law, 
                each State qualifying for extended 
                participation under this subsection for fiscal 
                year 1991 or fiscal year 1992 shall receive a 
                payment under this part for such fiscal years 
                in an amount equal to the payment such State 
                would have received under this part for fiscal 
                year 1990 if such State had met the criteria 
                for the fourth year of participation described 
                in subsection (b)(1).
                  [(C) Minimum payment for fiscal year 1991 or 
                1992 for certain states. Notwithstanding any 
                other provision of law, each State qualifying 
                for extended participation under this 
                subsection for fiscal year 1991 or fiscal year 
                1992 shall receive a payment under this part of 
                not less than $500,000. For purposes of the 
                preceding sentence, the term ``State'' means 
                each of the 50 States, the District of 
                Columbia, and the Commonwealth of Puerto Rico.
          [(5) Reallotment.--
                  [(A) Fiscal year 1990. The amount by which 
                allotment computed under section 684 for any 
                State for fiscal year 1990 exceeds the amount 
                that such State may be allotted under paragraph 
                (4)(A) of this subsection (and, notwithstanding 
                section 684(d), any fiscal year 1990 funds 
                allotted to any State that such State elects 
                not to receive) shall be reallotted, 
                notwithstanding the percentage limitations set 
                forth in sections 684(a) and (b), among those 
                States satisfying the eligibility criteria of 
                subsection (b)(1) for the fourth year of 
                participation that have submitted an 
                application by a date that the Secretary may 
                establish in an amount which bears the same 
                ratio to such amount as the amount of such 
                State's allotment under section 684 as modified 
                by this subsection in such fiscal year bears to 
                the amount of all States' allotment under 
                section 684 as modified by this subsection in 
                such fiscal year.
                  [(B) Fiscal year 1991 or 1992. The amount by 
                which a State's allotment computed under 
                section 684 for any State for fiscal years 1991 
                or 1992 exceeds the amount that that such State 
                may be allotted for such fiscal year under 
                paragraph (4)(B) of this subsection shall be 
                reallotted, notwithstanding the percentage 
                limitations set forth in section 684(a) and 
                (b)--
                          [(i) first, among those States 
                        satisfying the eligibility criteria of 
                        subsection (c) for the fifth year of 
                        participation that have submitted 
                        applications by a date that the 
                        Secretary may establish for each such 
                        year in an amount which bears the same 
                        ratio to such amount as the amount of 
                        such State's allotment under section 
                        684 as modified by this subsection in 
                        such fiscal year bears to the amount of 
                        all such States' allotment under 
                        section 684 as modified by this 
                        subsection in such fiscal year, except 
                        that no such State, by operation of 
                        this clause, shall receive an increase 
                        of more than 100 percent over the 
                        amount such State would have otherwise 
                        received under section 684 for the 
                        previous fiscal year;
                          [(ii) second, if funds remain, among 
                        those States that have--
                                  [(I) satisfied the 
                                eligibility criteria of 
                                subsection (b)(1) for the 
                                fourth year of participation;
                                  [(II) qualified for extended 
                                participation under this 
                                subsection; and
                                  [(III) not received a 
                                reallotment payment under 
                                clause (i), in an amount which 
                                bears the same ratio to such 
                                amount as the amount of such 
                                State's allotment under section 
                                684 as modified by this 
                                subsection in such fiscal year 
                                bears to the amount of all such 
                                State's allotment under section 
                                684 as modified by this 
                                subsection in such fiscal year, 
                                except that no State, by 
                                operation of this clause, shall 
                                receive a reallotment payment 
                                that is larger than the payment 
                                such State would otherwise have 
                                received under section 684 for 
                                such year; and
                          [(iii) third, if funds remain, among 
                        those States satisfying the eligibility 
                        criteria of subsection (c) for the 
                        fifth year of participation that did 
                        not receive a reallotment payment under 
                        clause (ii) in an amount which bears 
                        the same ratio to such amount as the 
                        amount of such State's allotment under 
                        section 684 as modified by this 
                        subsection in such fiscal year bears to 
                        the amount of all such States' 
                        allotment under section 684 as modified 
                        by this subsection in such fiscal year.
          [(6) Definitions.--For the purpose of this 
        subsection, the term ``State'', except as provided in 
        paragraph (4)(C), means--
                  [(A) each of the 50 States, the District of 
                Columbia, and the Commonwealth of Puerto Rico;
                  [(B) each of the jurisdictions listed in 
                section 684(a); and
                  [(C) the Department of the Interior.]
          * * * * * * *
    Sec. 676. Requirements for statewide system
    (a) In General.--A [statewide system of] statewide, 
coordinated, comprehensive, multidisciplinary, interagency 
[programs providing] system that provides appropriate early 
intervention services to all infants and toddlers with 
disabilities and their families, including Indian infants and 
toddlers with disabilities on reservations, shall include the 
minimum components under subsection (b).
    (b) Minimum Components.--The statewide system required by 
subsection (a) shall include, at a minimum--
          (1) a definition of the term [``developmentally 
        delayed''] developmental delay that will be used by the 
        State in carrying out programs under this part,
          [(2) timetables for ensuring that appropriate early 
        intervention services will be available to all infants 
        and toddlers with disabilities, including Indian 
        infants and toddlers with disabilities on reservations, 
        in the State before the beginning of the fifth year of 
        a State's participation under this part,]
          (2) a State policy that is in effect and that ensures 
        that appropriate early intervention services are 
        available to all infants and toddlers with disabilities 
        (including Indian infants and toddlers with 
        disabilities on reservations) in the State and their 
        families,
          * * * * * * *
          (6) a public awareness program focusing on early 
        identification of infants and toddlers with 
        disabilities, including the preparation and 
        dissemination by the lead agency to all primary 
        referral sources of information materials for parents 
        on the availability of early intervention services, and 
        procedures for determining the extent to which primary 
        referral sources, especially hospitals and physicians, 
        disseminate information on the availability of early 
        intervention services to parents of [infants with] 
        infants and toddlers with disabilities,
          * * * * * * *
          (8) a comprehensive system of personnel development, 
        including the training of paraprofessionals and the 
        training of primary referral sources respecting the 
        basic components of early intervention services 
        available in the State, that is consistent with the 
        comprehensive system of personnel development described 
        in section [613(a)(3)] 612(a)(14) (as amended by 
        section 202 of the Individuals With Disabilities 
        Education Act Amendments of 1996) and that may 
        include--
          * * * * * * *
                  (C) training personnel to work in rural areas 
                and inner city areas, and
                  (D) training personnel to coordinate 
                transition services for infants and toddlers 
                with disabilities from an early intervention 
                program under this part to [a preschool program 
                under section 619 of part B.] preschool or 
                other appropriate services,
          * * * * * * *
          (13)(B) to the extent such standards are not based on 
        the highest requirements in the State applicable to a 
        specific profession or discipline, the steps the State 
        is taking to require the retraining or hiring of 
        personnel that meet appropriate professional 
        requirements in the State, [and]
          (14) a system for compiling data [on the numbers of 
        infants and toddlers with disabilities and their 
        families in the State in need of appropriate early 
        intervention services (which may be based on a sampling 
        of data), the numbers of such infants and toddlers and 
        their families served, the types of services provided 
        (which may be based on a sampling of data), and other 
        information required by the Secretary.] that is 
        requested by the Secretary under section 618 and that 
        relates to this part, and
          (15) a Council that meets the requirements of section 
        682.
          * * * * * * *
    Sec. 677(3) a written individualized family service plan 
developed by a multidisciplinary team, including the [parent or 
guardian] parents of the infant or toddler, as required by 
subsection (d).
          * * * * * * *
    (d)(8) the steps to be taken [supporting] to support the 
transition of the toddler with a disability to [services 
provided under part B of this Act to the extent such services 
are considered appropriate.] preschool or other appropriate 
services.
    (e) Parental Consent.--The contents of the individualized 
family service plan shall be fully explained to the parents [or 
guardian] and informed written consent from such parents [or 
guardian] shall be obtained prior to the provision of early 
intervention services described in such plan. If such parents 
[or guardian] do not provide such consent with respect to a 
particular early intervention service, then the early 
intervention services to which such consent is obtained shall 
be provided.
          * * * * * * *
    Sec. 678(a)(3) information demonstrating eligibility of the 
State under section 674[,] , including--
          (A) information demonstrating to the satisfaction of 
        the Secretary that the State has in effect a statewide 
        system required by section 676, and
          (B) a description of services to be provided to 
        infants and toddlers with disabilities and their 
        families under this part,
    [(4) the information or assurances required to demonstrate 
eligibility of the State for the particular year of 
participation under section 675,]
    (4) a statement regarding whether the State will serve at 
risk infants and toddlers as infants and toddlers with 
disabilities,
          * * * * * * *
    (6) a description of the uses for which funds will be 
expended in accordance with this [part and, for the fifth and 
succeeding fiscal years a description of the services to be 
provided,] part,
          * * * * * * *
    [(8) a description of the policies and procedures used to 
ensure a smooth transition for individuals participating in the 
early intervention program under this part who are eligible for 
participation in preschool programs under part B, including a 
description of how the families will be included in the 
transitional plans and how the lead agency under this part will 
notify the appropriate local educational agency or intermediate 
educational unit in which the child resides and convene, with 
the approval of the family, a conference between the lead 
agency, the family, and such agency or unit at least 90 days 
before such child is eligible for the preschool program under 
part B in accordance with State law, and to review the child's 
program options, for the period commencing on the day a child 
turns 3 running through the remainder of the school year, and 
to establish a transition plan, and]
    (8) a description of the policies and procedures to be 
used--
          (A) to ensure a smooth transition for children who 
        are infants and toddlers with disabilities receiving 
        early intervention services under this part to 
        preschool or other appropriate services, including a 
        description of--
                  (i) how the family of such a child will be 
                included in the transition plans required by 
                subparagraph (C), and
                  (ii) how the lead agency designated or 
                established under section 676(b)(9) will--
                          (I) notify the local educational 
                        agency for the area in which such a 
                        child resides that the child will 
                        shortly reach the age for eligibility 
                        for preschool services under part B, as 
                        determined in accordance with State 
                        law,
                          (II) in the case of such a child who 
                        may be eligible for such preschool 
                        services, with the approval of the 
                        family of the child, convene a 
                        conference among the lead agency, the 
                        family, and the local educational 
                        agency not later than 90 days (and at 
                        the discretion of all such parties, 
                        earlier, but not earlier than 6 months) 
                        before the child is eligible for the 
                        preschool services, to discuss any such 
                        services that the child may receive, 
                        and
                          (III) in the case of such a child who 
                        may not be eligible for such preschool 
                        services, with the approval of the 
                        family, make reasonable efforts to 
                        convene a conference among the lead 
                        agency, the family, and providers of 
                        other appropriate services for children 
                        who are not eligible for preschool 
                        services under part B, to discuss the 
                        appropriate services that the child may 
                        receive,
          (B) to review the program options for the child for 
        the period beginning on the third birthday of the child 
        and ending on the last day of the school year in which 
        such birthday occurs, and
          (C) to establish a transition plan for the child, and
          * * * * * * *
    Sec. 678(b)(7) [beginning in fiscal year 1992,] provide 
satisfactory assurances that policies and practices have been 
adopted to ensure meaningful involvement of traditionally 
underserved groups, including minority, low-income [and rural] 
rural, and inner city families, in the planning and 
implementation of all the requirements of this part and to 
ensure that such families have access to culturally competent
          * * * * * * *
    Sec. 679. In addition to using funds provided under section 
673 to [plan, develop, and] implement the statewide system 
required by section 676, a State may use such funds--
          * * * * * * *
          (2) to expand and improve on services for infants and 
        toddlers with disabilities and their families that are 
        otherwise available, [and]
          (3) to provide a free appropriate public education, 
        in accordance with part B, to children with 
        disabilities from their third birthday to the beginning 
        of the following school year[.], and
          (4) in any State that does not provide services for 
        at risk infants and toddlers under section 676(a), 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, and 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 followup 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 under this part.
          * * * * * * *

                        [PROCEDURAL SAFEGUARDS]

    [Sec. 680.]

SEC. 680. PROCEDURAL SAFEGUARDS.

    (a) Minimum Procedures.--[The procedural safeguards 
required to be included in a statewide system under section 
676(b)(12) shall provide, at a minimum, the following:] To meet 
the requirement of section 672(b)(12), each State, in providing 
a statewide system under this part, shall, through State 
statute, regulation, or other written policy, provide a minimum 
for 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[, 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. 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 [or guardians] 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 [or guardian] 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 [or a guardian] 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 with a disability whenever the parents [or 
        guardian] of the child are not known or unavailable or 
        the child is a ward of the State, including the 
        assignment of an individual (who shall not be an 
        employee of the State agency providing services) to act 
        as a surrogate for the parents [or guardian].
          (6) Written prior notice to the parents [or guardian] 
        of the infant or toddler with a disability whenever the 
        State agency or service provider proposes to initiate 
        or change or refuses to initiate or change the 
        identification, evaluation, placement, or the provision 
        of appropriate early intervention services to the 
        infant or toddler with a disability.
          (7) Procedures designed to assure that the notice 
        required by paragraph (6) fully informs the parents [or 
        guardian], in the parents' [or guardian's] native 
        language, unless it clearly is not feasible to do so, 
        of all procedures available pursuant to this section.
          (8) The right to use mediation in accordance with 
        section 615(e) (as amended by section 206(c)(7) of the 
        Individuals with Disabilities Education Act Amendments 
        of 1996), except that--
                  (A) a reference in such section to the State 
                educational agency shall be considered to refer 
                to the lead agency of the State designated or 
                established under section 676(b)(9), and
                  (B) a reference in such section to a public 
                agency shall be considered to refer to a local 
                services provider or the lead agency, as the 
                case may be.
          [(8) During] (b) Services During Pendency of 
        Proceedings.--The procedural safeguards required to be 
        included in a statewide system under section 676(b)(12) 
        shall also include a measure to ensure that during the 
        pendency of any proceeding or action involving a 
        complaint, unless the State agency and the parents [or 
        guardian] otherwise agree, the child 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. 682(b)(1)(E) [At least one member shall be] There 
shall be at least one member from each of the State agencies 
involved in the provision of, or payment for, early 
intervention services to infant and toddlers with disabilities 
and their [families and] families, and from any other State 
agency involved in the provision of services to at risk infants 
and toddlers, and each such member shall have sufficient 
authority to engage in policy planning and implementation on 
behalf of [such agencies] the appropriate agency.
          * * * * * * *
    (H) At least one member shall be a representative from a 
Head Start agency or Head Start program in the State.
    (I) At least one member shall be a representative from the 
State agency responsible for child care.
          * * * * * * *
    Sec. 682(e)(1)(C) advise and assist the State educational 
agency regarding the transition of toddlers with disabilities 
to [services provided under Part B, to the extent such services 
are appropriate, and] preschool or other appropriate services, 
and
          * * * * * * *
    (2) The Council may advise and assist the lead agency and 
the State educational agency regarding the provision of 
appropriate services for [children aged birth to 5, inclusive.] 
children from birth through age 5.
    (3) The Council may advise appropriate agencies in the 
State with respect to the integration of services for infants 
and toddlers with disabilities (including 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.
          * * * * * * *
    [(g) Use of existing councils. To the extent that a State 
has established a Council before September 1, 1986, that is 
comparable to the Council described in this section, such 
Council shall be considered to be in compliance with this 
section. Within 4 years after the date the State accepts funds 
under section 673, such State shall establish a council that 
complies in full with this section.]
          * * * * * * *
    Sec. 683(3) any reference to local educational agencies and 
[intermediate educational agencies] educational service 
agencies shall be deemed to be a reference to local service 
providers under this part.
          * * * * * * *
    Sec. 684 [(a)] (a)(1) Territories and insular possessions. 
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 Virgin Islands, the 
Republic of the Marshall Islands, the Federated States of 
Micronesia, the Republic of Palau, and the Commonwealth of the 
Northern Mariana Islands in accordance with their respective 
needs.
    (2) The provisions of section 501 of Public Law 95-134 (48 
U.S.C 1469a) (relating to permitting the consolidation of 
grants to insular areas referred to in such section) shall not 
apply to funds the areas receive under this part.
          * * * * * * *
     (b)(2) [The Secretary of the Interior shall distribute the 
total amount of the 1.25 percent under paragraph (1) in the 
following manner:
          (A) For the first fiscal year, each tribe or tribal 
        organization shall receive an amount proportionate to 
        the amount of weighted student units for special 
        education programs for BIA operated or funded schools 
        serving such reservation generated under the formula 
        established under section 1128 of the Education 
        Amendments of 1978, divided by the total number of such 
        students in all BIA operated or funded schools.
          (B) For each fiscal year thereafter, each tribe or 
        tribal organization shall receive an amount based] For 
        each fiscal year, the Secretary of the Interior shall 
        distribute the entire amount of a payment received 
        under paragraph (1) by providing to each such tribe or 
        tribal organization an amount based on the number of 
        infants and toddlers residing on [the reservation] the 
        reservation involved as determined annually divided by 
        the total of such children served by [all tribes] all 
        such tribes or tribal organizations.
          * * * * * * *
    (4) The funds received by a tribe or tribal organization 
shall be used to assist States in child find, screening, and 
other procedures for the early identification of Indian 
[children aged 0-2 inclusive,] children from birth through age 
2 and for parent training. Such funds may also be used to 
provide early intervention services in accordance with this 
part. These activities may be carried out directly or through 
contracts or cooperative agreements with BIA, local educational 
agencies, and other [public or private nonprofit organizations] 
public or private nonprofit agencies or organizations. The 
tribe and 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.
    (c) The Secretary shall reserve up to .0005 of the amount 
appropriated under section 687 for any fiscal year for the 
operation of the Federal Interagency Coordinating Council 
established under section 685, other than activities of the 
panel of experts carried under section 686.
    (d) The Secretary may reserve up to $100,000 for the 
expenses of the panel of experts established under section 686.
          * * * * * * *
    [(c)] (e) States.
          (1) Except as provided in paragraphs [(3), (4), and 
        (5)] (2), (3), and (4) from the funds remaining for 
        each fiscal year after the reservation and payments 
        under subsections [(a) and (b)] (a) through (d) and 
        section 618(f) (as amended by section 209 of the 
        Individuals with Disabilities Education Act Amendments 
        of 1996), 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) For fiscal year 1995 only, the Secretary shall 
        allot $34,000,000 of the remaining funds described in 
        paragraph (1) among the States in proportion to their 
        relative numbers of infants and toddlers with 
        disabilities who--
                  [(A) are counted on December 1, 1994; and
                  [(B) would have been eligible to be counted 
                under section 1221(c)(1) of the Elementary and 
                Secondary Education Act of 1965 (as such 
                section was in effect on the day preceding the 
                date of the enactment of the Improving 
                America's Schools Act of 1994).]
          [(3)] (2) Except as provided in [paragraphs (4) and 
        (5)] paragraphs (3) and (4), no State shall receive an 
        amount under this section for any fiscal year that is 
        less than the greater of--
                  (A) one-half of one percent of the remaining 
                amount described in paragraph (1), [excluding 
                any amounts allotted under paragraph (2); or] ; 
                or
          * * * * * * *
          [(4)] (3) (A) Except as provided in paragraph [(5)] 
        (4), no State shall receive an amount under this 
        section for any of the fiscal years 1995 through 1999 
        that is less than the sum of the amount such State 
        received for fiscal year 1994 under--
          * * * * * * *
          [(5)] (4) * * *
          * * * * * * *
          [(6)] (5) For the purpose of [paragraph (1)] this 
        subsection--
                  (A) the terms ``infants'' and ``toddlers'' 
                mean [children from birth to age 2, inclusive,] 
                children from birth through age 2; and
                  (B) the term ``State'' [does not include the 
                jurisdictions described in subsection (a).] 
                means each of the several States, the District 
                of Columbia, and the Commonwealth of Puerto 
                Rico.
          * * * * * * *
    [(d)] (f) Election by State not to receive allotment. If 
any State elects not to receive its allotment under subsection 
[(c)(1)] (e)(1), the Secretary shall reallot, among the 
remaining States, amounts from such State in accordance with 
such
          * * * * * * *
    Sec. 685(a)(1)(A) minimize duplication programs and 
activities [relating to early intervention services for infants 
and toddlers with disabilities and their families, and 
preschool services for children with disabilities, across 
Federal, State, and local agencies;] across Federal, State, and 
local agencies relating to--
                          (i) early intervention services for 
                        infants and toddlers with disabilities 
                        (including at risk infants and 
                        toddlers) and their families; and
                          (ii) preschool or other appropriate 
                        services for children with 
                        disabilities;
          * * * * * * *
    Sec. 685(b)(2) a representative of the National Institute 
on Disability and Rehabilitation Research and a representative 
of the Office of Educational Research and Improvement;
          * * * * * * *
    (15) a representative of the Children's Bureau, and a 
representative of the Head Start Bureau, of the Administration 
for Children and Families;
    (16) a representative of the [Alcohol, Drug Abuse and 
Mental Health Administration] Substance Abuse and Mental Health 
Services Administration;
    (17) a representative of the Pediatric [Aids] AIDS Health 
Care Demonstration Program in the Public Health Service;
    (18) [at least 3] parents of children with disabilities age 
12 or under, (which parents shall constitute at least 20 
percent of the members of the council) of whom at least one 
must have a child with a disability under the age of 6;
          * * * * * * *
    (d)(1) advise and assist the [Secretary in the performance 
of the Secretary's responsibilities described in this part;] 
Secretary of Education, Secretary of Health and Human Services, 
Secretary of Defense, Secretary of the Interior, Secretary of 
Agriculture, and Commissioner of Social Security in the 
performance of their responsibilities related to serving 
children from birth through age 5 who are eligible for services 
under this part or under part B;
          * * * * * * *
    (f) Federal Advisory Committee Act.--The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the 
establishment or operation of the council.
          * * * * * * *

                    Authorization of Appropriations

    [Sec. 686. There are authorized to be appropriated to carry 
out this part $220,000,000 for fiscal year 1992, and such sums 
as may be necessary for [each of the fiscal years 1993 and 
1994] each of fiscal years 1993 through 1997.]

SEC. 686. STUDY OF DEFINITION OF DEVELOPMENTAL DELAY.

    (a) Panel of Experts.--
          (1) In general.--Not later than 3 months after the 
        date of enactment of the Individuals with Disabilities 
        Education Act Amendments of 1996, the Federal 
        Interagency Coordinating Council established under 
        section 685 shall convene a panel of experts to develop 
        recommendations to the Secretary for a model definition 
        of the term `developmental delay', to assist States in 
        implementing section 676(b)(1).
          (2) Members.--The panel shall include recognized 
        experts in--
                  (A) health and child development, whose work 
                includes--
                          (i) the evaluation and assessment of 
                        infants and toddlers with disabilities;
                          (ii) the study of congenital or 
                        perinatal disorders in children; or
                          (iii) the measurement of 
                        developmental milestones in infants and 
                        toddlers;
                  (B) the administration of disability programs 
                for young children; and
                  (C) other fields that the Secretary finds to 
                be appropriate.
          (3) Other membership requirements.--The panel shall--
                  (A) have no more than 12 members; and
                  (B) include at least 1 parent of a child with 
                a disability who is younger than age 6.
    (b) Duties.--In developing the recommendations referred to 
in subsection (a)(1), the panel shall--
          (1) review the definition of infants and toddlers 
        with disabilities specified in section 672(4);
          (2) conduct an analysis of the criteria that are used 
        by States under this part to determine whether an 
        individual has a developmental delay or a diagnosed 
        physical or mental condition, for purposes of 
        ascertaining whether the individual is an infant or 
        toddler with a disability; and
          (3) consider the appropriateness of defining the term 
        `developmental delay' to include the combination of a 
        multiplicity of factors that, when taken together, have 
        a high probability of resulting in developmental delay 
        (as specified in the remainder of the definition) if 
        early intervention services are not provided.
    (c) Panel Recommendations.--The panel shall prepare and 
submit to the Secretary a report containing the recommendations 
developed under subsection (a) not later than 9 months after 
the date of enactment of the Individuals with Disabilities 
Education Act Amendments of 1996.
    (d) Model Definition.--After receiving the recommendations, 
the Secretary shall--
          (1) publish the recommendations in the Federal 
        Register;
          (2) give interested parties an opportunity to submit 
        written comments on the recommendations; and
          (3) disseminate a model definition based on the 
        recommendations, along with a summary of comments 
        received.
    (e) Federal Advisory Committee Act Inapplicable.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the establishment or operation of the panel.

SEC. 687. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this 
part such sums as may be necessary for each of the fiscal years 
1998 through 2002.
          * * * * * * *
    Sec. 715 * * *
    Notwithstanding any other provision of this title, [nothing 
in parts A through H of this title] no provision of this title, 
other than a provision of this part,  shall be construed to 
apply to this part.
          * * * * * * *

                      Higher Education Act of 1965

          * * * * * * *
    Sec. 409A(2)(2) a toll-free information line, including 
access by telecommunications devices for the deaf (``TDD''s'), 
to provide individualized financial assistance information to 
parents, students, and other individuals, including individuals 
with disabilities, and to [refer students with disabilities and 
their families to the postsecondary clearinghouse that is 
authorized under section 633(c) of the Individuals with 
Disabilities Education Act] refer students with disabilities 
and their families to the activities addressing information 
preparation and dissemination needs relating to postsecondary 
services that are authorized under section 644(e)(4) of the 
Individuals with Disabilities Education Act
          * * * * * * *
    Sec. 483(d) Toll-Free Information.--The Secretary shall 
contract for, or establish, and publicize a toll-free telephone 
service to provide timely and accurate information to the 
general public. The information provided shall include specific 
instructions on completing the application form for assistance 
under this title. Such service shall also include a service 
accessible by telecommunications devices for the deaf (TDD's) 
and shall, in addition to the services provided for in the 
previous sentence, [refer such students to the national 
clearinghouse on postsecondary education that is authorized 
under section 633(c) of the Individuals with Disabilities 
Education Act] refer such students to the activities addressing 
information preparation and dissemination needs relating to 
postsecondary services that are authorized under section 
644(e)(4) of the Individuals with Disabilities Education Act
          * * * * * * *

                    Goals 2000: Educate America Act

          * * * * * * *
    Sec. 402(a)(2)(H)[(ii) parent centers for the parents of 
infants, toddlers, children, and youth with disabilities served 
under section 631(e) of the Individuals with Disabilities 
Education Act;]
                          (ii) parent training and information 
                        centers and community parent training 
                        and information programs authorized 
                        under subsections (b) and (c), 
                        repectively, of section 643 of the 
                        Individuals with Disabilities Education 
                        Act;
          * * * * * * *

                       Rehabilitation Act of 1973

          * * * * * * *
    105(b)(1)(A)(ii) at least one representative of [a parent 
training and information center established pursuant to section 
631(e)(1) of the Individuals with Disabilities Education Act 
(20 U.S.C. 1431(e)(1))] a parent training and information 
center or community parent training and information program 
authorized under subsection (b) or (c), respectively, of 
section 643 of the Individuals with Disabilities Education Act
          * * * * * * *
    Sec. 803(c)(4)(A)(i) coordinate and work closely with 
[parent training and information centers established under 
section 631 of the Individuals with Disabilities Education Act 
(20 U.S.C. 1431)] parent training and information centers and 
community parent training and information programs authorized 
under subsections (b) and (c), respectively, of section 643 of 
the Individuals with Disabilities Education Act
          * * * * * * *
    (6) Coordination.--The Commissioner shall provide 
coordination and technical assistance by grant or cooperative 
agreement for establishing, developing, and coordinating the 
training and information programs. To the extent practicable, 
such assistance shall be provided by the [parent training and 
information centers established under section 631 of the 
Individuals with Disabilities Education Act (20 U.S.C. 1431)] 
parent training and information centers and community parent 
training and information programs authorized under subsections 
(b) and (c), respectively, of section 643 of the Individuals 
with Disabilities Education Act
          * * * * * * *

      Developmental Disabilities Assistance and Bill of Rights Act

    Sec. 124(c)(4)(F)(ii) [parent training and information 
centers under part D] parent training and information centers, 
and community parent training and information programs, 
assisted under part E of the Individuals with Disabilities 
Education Act and other federally funded projects that assist 
parents of children with disabilities; and
          * * * * * * *

                      TITLE 10, UNITED STATES CODE

    Sec. 602(f)(3)(A) The term ``children with disabilities'' 
has the meaning given the term in [section 602(a)(1)] section 
602(a)(4)(C) of the Individuals with Disabilities Education Act 
(20 U.S.C. [1401(a)(1)] 1401(A)(4)(C).
          * * * * * * *

             Elementary and Secondary Education Act of 1965

    Sec. 14603(2) collect data on the incidence of children 
with disabilities (as such term is defined in [section 
602(a)(1)] section 602(a)(4)(C) of the Individuals With 
Disabilities Education Act (20 USCS 1401(a)(1)) engaging in 
life threatening behavior or bringing weapons to schools; and
          * * * * * * *

               National and Community Service Act of 1990

          * * * * * * *
    Sec. 101(21)(B) children with disabilities, as defined in 
[section 602(a)(1)] section 602(a)(4)(C) of the Individuals 
with Disabilities Education Act (20 U.S.C. [1401(a)(1)] 
1401(a)(4)(C)), who receive services under part B of such Act.
          * * * * * * *

                       Public Health Service Act

          * * * * * * *
    Sec. 563(d)(2) provide for each of such services that is 
appropriate to the circumstances of the child, including, 
except in the case of children who are less than 14 years of 
age, the provision of appropriate vocational counseling and 
rehabilitation, and transition services (as defined in [section 
602(a)(19)] section 602(a)(33) of the Individuals with 
Disabilities Education Act);
          * * * * * * *

                           Public Law 103-382

                Improving America's Schools Act of 1994

          * * * * * * *

SEC. 314. LOCAL CONTROL OVER VIOLENCE.

    (a) Amendments.--
          (1) In general.--Paragraph (3) of section 615(e) of 
        the Act (20 U.S.C. 1415(e)(3)) is amended--
          * * * * * * *
    [(2) Effective date.--Paragraph (1) and the amendments made 
by paragraph (1) shall be effective during the period beginning 
on the date of enactment of this Act and ending on the date of 
enactment of an Act (enacted after the date of the enactment of 
this Act) that reauthorizes the Individuals with Disabilities 
Education Act.]
          * * * * * * *