[House Report 108-79]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     108-79
======================================================================
 
 PROVIDING FOR CONSIDERATION OF H.R. 1350, IMPROVING EDUCATION RESULTS 
               FOR CHILDREN WITH DISABILITIES ACT OF 2003

                                _______
                                

   April 29, 2003.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Sessions, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 206]

    The Committee on Rules, having had under consideration 
House Resolution 206, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 1350, the 
Improving Education Results for Children with Disabilities Act 
of 2003, under a structured rule. The rule provides one hour of 
general debate equally divided and controlled by the chairman 
and ranking minority member of the Committee on Education and 
the Workforce. The rule waives all points of order against 
consideration of the bill.
    The rule provides that the amendment in the nature of a 
substitute recommended by the Committee on Education and the 
Workforce now printed in the bill shall be considered as an 
original bill for the purpose of amendment and shall be 
considered as read. The rule waives all points of order against 
the committee amendment in the nature of a substitute.
    The rule makes in order only those amendments printed in 
this report. The rule provides that the amendments printed in 
this report shall be considered only in the order printed in 
this report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for a division 
of the question in the House or in the Committee of the Whole. 
The rule waives all points of order against the amendments 
printed in this report. The rule provides one motion to 
recommit with or without instructions.
    The waiver of all points of order against consideration of 
the bill in the rule includes a waiver of clause 4(a) of rule 
XIII (requiring a three-day layover of the committee report) 
which is necessary because the Committee on Education and the 
Workforce did not file its report (H. Rept. 108-77) until 
Tuesday, April 29, 2003, and the bill may be considered by the 
House as early as Wednesday, April 30, 2003.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 55

    Date: April 29, 2003.
    Measure: H.R. 1350, Improving Educational Results for 
Children with Disabilities Act of 2003.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order the amendment offered 
by Representative Woolsey which fully funds part B grants to 
states over six years, and makes all new funding mandatory.
    Results: Defeated 3 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; 
Dreier--Nay.

Rules Committee record vote No. 56

    Date: April 29, 2003.
    Measure: H.R. 1350, Improving Educational Results for 
Children with Disabilities Act of 2003.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order the amendment offered 
by Representative Bass which creates a discretionary--mandatory 
hybrid funding obligation requiring increases above the FY03 
$8.9 billion funding level to be mandatory, while allowing the 
appropriators to have discretion over the first $8.9 billion 
year after year; Provides communities increased flexibility for 
budgeting the federal increase if the community is in 
compliance with IDEA mandates.
    Results: Defeated 3 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; 
Dreier--Nay.

           SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE

    (Summaries derived from information provided by sponsors.)
    1. Castle/Boehner--Manager's Amendment. Makes several 
conforming and consolidating changes to a series of GAO reports 
that were added during the consideration of the bill in the 
Education and Workforce Committee. Increases the amount of 
funds that the State can reserve out of its State-level 
activities for programs designed to serve children with 
disabilities with high-cost special education and related 
services needs. Makes a clarifying change to reflect the 
updated authorization levels that were modified by the FY 2004 
Budget Resolution--this level reflects the increased funding 
the FY 2004 Budget Resolution included for IDEA Part B State 
Grants. Makes a clarifying change to ensure that evaluations 
are provided to children in the language and form designed to 
obtain useful information--this change reflects longstanding 
terminology used throughout the implementing regulations and 
elsewhere in the Act. Makes a change to the issues that can be 
raised at dues process hearings to ensure that parents and 
local educational agencies both have a fair opportunity to 
understand the issues being raised at the hearing in order to 
resolve the dispute more effectively. Adds language to the 
section prohibiting the Federal control of curriculum to ensure 
it is the exact language as present in the No Child Left Behind 
act, which ensures that there continues to be local control 
over the curriculum. Makes changes in the Part D programs to 
ensure that the needs of limited English proficient children 
with disabilities are met through the training of school 
personnel and effective data collection. Modifies the section 
regarding support for captioning programs to enable news 
programs to be captioned until 2006, which is when Federal 
Communications Commission requirements require all news 
programs to be captioned. Makes several clarifying and 
technical conforming amendments. (10 minutes)
    2. Vitter--Adds a provision in Part A (GAO Review) 
mandating that the review will include recommendations to 
reduce or eliminate the excessive paperwork burdens for 
teachers, related services providers, parents and school 
administrators; Amends Part B (GAO Report) to require a GAO 
report be submitted 2 years after the date of enactment and 
submitted every 2 years thereafter. (10 minutes)
    3. Bradley--Strikes the current Part B set-aside funds of 
$500,000 and replace it with $750,000. Strikes the 
parenthetical provision that references the inflationary 
adjustment, in order to provide more opportunity for 
administrative growth in small states. (10 minutes)
    4. Davis, Susan (CA)--Inserts the definition of a free, 
appropriate, public education, the language contained in the 
Supreme Court Decision known as Rowley, which states that the 
goal for a child with disabilities is the same as for all other 
children--to have the educational and related services 
necessary for that child to access the general curriculum. (10 
minutes)
    5. DeMint--Amends Part D (National Activities) to allow for 
the Secretary of Education to fund the design, development, and 
initial implementation of parental choice programs for students 
with disabilities; Amend Part B (Assistance for Students Ages 
3-21) to allow states to let federal money follow the child 
along with the state money to the selected public or private 
school. (20 minutes)
    6. Musgrave--Allows school districts the option of offering 
parents of disabled children in private schools a certificate 
to be used for their child's specific special education needs. 
The amount of the certificate would be equivalent to the per-
pupil proportionate IDEA dollars generated to the school 
district by private school children. Certificates could be 
redeemed at eligible providers that meet health, safety and 
civil rights laws and are fiscally sound. (10 minutes)
    7. Shadegg--Expressing the sense of Congress and finds that 
students are over-identified and misidentified as students with 
disabilities. Therefore students should not be classified as 
being disabled without having been judged by a physician and 
state health board. (10 minutes)
    8. Tancredo/Graves--Redefines ``specific learning 
disability'' as a disorder due to a medically detectable and 
diagnosable psychological condition relying on physical and 
scientific evidence. (10 minutes)
    9. Kirk--Expresses the sense of Congress that providing 
special needs students with a safe, and drug-free learning 
environment is a laudable goal. Makes reference to random 
locker searches conducted by school administrators as an 
effective way to assess the gravity of the drug situation at a 
particular school, as well as to indicate to students that the 
use of drugs on school property will not be tolerated. (10 
minutes)
    10. McKeon/Woolsey--Requires that any additional increases 
in federal funding, above Fiscal Year 2003 levels be passed 
down directly to the local level. (10 minutes)
    11. Nethercutt--Provides parents in consultation with the 
Individualized Family Service Plan (IFSP) team the ability to 
decide what setting is appropriate for each child. (10 minutes)
    12. Sanchez, Loretta (CA)--Would authorize the use of funds 
to develop and improve programs to train school safety 
personnel and first responders who work at educational 
facilities in the recognition of autism. (10 minutes)
    13. Wu--Amends the State Competitive Grant Program in the 
bill to give priority to applications that provide for the 
establishment of professional development program regarding 
methods of early and appropriate identification of children 
with disabilities. (10 minutes)
    14. Garrett--Requires the Secretary of Education to conduct 
a study within 2 years after the enactment of the act on the 
cost to each state for compliance with this act. (10 minutes)

            TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE

1. An Amendment To Be Offered by Representative Castle of Delaware, or 
                 His Designee, Debatable for 10 Minutes

  Strike sections 104 through 107 of the bill and insert the 
following (and conform the table of contents accordingly):

SEC. 104. GAO REPORTS.

  (a) Paperwork Study.--
          (1) Review.--The Comptroller General shall conduct a 
        review of all Federal requirements under the 
        Individuals with Disabilities Education Act, and the 
        requirements of a reasonable sample of State and local 
        educational agencies relating to such Act, to determine 
        which requirements result in excessive paperwork 
        completion burdens for teachers, related services 
        providers, and school administrators.
          (2) Report.--Not later than 2 years after the date of 
        the enactment of this Act, the Comptroller General 
        shall prepare and submit to the appropriate 
        congressional committees a report that contains the 
        results of the review under paragraph (1).
  (b) Disability Definitions.--
          (1) Review.--The Comptroller General of the United 
        States shall conduct a review of--
                  (A) variation among States in definitions, 
                and evaluation processes, relating to the 
                provision of services under the Individuals 
                with Disabilities Education Act to children 
                having conditions described in section 
                602(a)(3) of such Act using the terms 
                ``emotional disturbance'', ``other health 
                impairments'', and ``specific learning 
                disability''; and
                  (B) the degree to which these definitions and 
                evaluation processes conform to scientific, 
                peer-reviewed research.
          (2) Report.--Not later than 2 years after the date of 
        the enactment of this Act, the Comptroller General 
        shall prepare and submit to the appropriate 
        congressional committees a report that contains the 
        results of the review under paragraph (1).
  (c) Distance Learning Professional Development Programs.--
          (1) Study.--The Comptroller General shall conduct a 
        study on existing or developing professional 
        development programs for special education personnel 
        delivered through the use of technology and distance 
        learning.
          (2) Report.--Not later than 2 years after the date of 
        the enactment of this Act, the Comptroller General 
        shall submit a report containing the findings from the 
        study conducted under paragraph (1) to the appropriate 
        congressional committees.
  (d) Limited English Proficient Children With Disabilities.--
          (1) Study.--The Comptroller General shall conduct a 
        study on how limited English proficient students are 
        being served under the Individuals with Disabilities 
        Education Act.
          (2) Report.--Not later than 2 years after the date of 
        the enactment of the Improving Education Results for 
        Children With Disabilities Act of 2003, the Comptroller 
        General of the United States shall submit a report 
        containing the findings from the study conducted under 
        paragraph (1) to the appropriate congressional 
        committees.
  (e) Definition.--In this section, the term ``appropriate 
congressional committees'' means the Committee on Education and 
the Workforce of the House of Representatives and the Committee 
on Health, Education, Labor, and Pensions of the Senate.
  In section 611(a)(3) of the Individuals with Disabilities 
Education Act (as amended by section 201 of the bill), strike 
``subparagraphs (A) and (B) of''.
  In section 611(e)(3) of the Individuals with Disabilities 
Education Act (as amended by section 201 of the bill), strike 
``4 percent'' and insert ``40 percent''.
  In section 611(i)(2) of the Individuals with Disabilities 
Education Act (as amended by section 201 of the bill), strike 
``$13,374,398,000'' and insert ``$13,574,398,000''.
  In section 614(a)(1)(D)(i)(I) of the Individuals with 
Disabilities Education Act (as amended by section 204 of the 
bill), strike ``602(3)(A) or 602(3)(B)'' and insert ``602(3)''.
  In section 614(b)(3)(A)(ii) of the Individuals with 
Disabilities Education Act (as amended by section 204 of the 
bill), strike ``, to the extent practicable,''.
  In section 614(b)(3)(A)(ii) of the Individuals with 
Disabilities Education Act (as amended by section 204 of the 
bill), add at the end before the semicolon the following: ``, 
unless it is clearly not feasible to do so''.
  Strike subparagraphs (B) and (C) of section 615(f)(3) of the 
Individuals with Disabilities Education Act (as amended by 
section 205(f) of the bill), and insert the following:
                  ``(B) Subject matter of hearing.--No party 
                shall be allowed to raise issues at the due 
                process hearing that were not raised in the 
                complaint, discussed during the meeting 
                conducted pursuant to paragraph (1)(B), or 
                properly disclosed pursuant to paragraph (2), 
                unless both parties agree otherwise.''.
  In section 617(b) of the Individuals with Disabilities 
Education Act (as amended by section 207 of the bill), after 
``content,'' insert ``academic achievement standards and 
assessments,''.
  In section 665(c)(2) of the Individuals with Disabilities 
Education Act (as amended by section 401 of the bill), insert 
the following:
                  ``(G) Preparing personnel who provide 
                services to children with low-incidence 
                disabilities with limited English proficiency.
  In section 665(d)(2)(B) of the Individuals with Disabilities 
Education Act (as amended by section 401 of the bill), add at 
the end before the semicolon the following: ``, including 
children with disabilities with limited English proficiency''.
  In the matter preceding subclause (I) of section 
666(a)(3)(C)(iii) of the Individuals with Disabilities 
Education Act, strike ``backgrounds, including'' and insert 
``backgrounds or are limited English proficient, including''.
  In items (aa) through (dd) of section 666(a)(3)(C)(iii)(I) of 
the Individuals with Disabilities Education Act, strike ``of 
minority'' each place it appears and insert ``of such''.
  In section 666(a)(3)(C)(iii)(II) of the Individuals with 
Disabilities Education Act, strike ``children with disabilities 
from minority backgrounds'' and insert ``such children with 
disabilities''.
  In section 675(c)(2) of the Individuals with Disabilities 
Education Act, strike ``videos, or other materials with an 
education based content for use in the classroom setting'' and 
insert ``videos or other materials that would be appropriate 
for use in the classroom setting, or news (until the end of 
fiscal year 2006),''.
  Strike section 402 of the bill (and conform the table of 
contents accordingly).
                              ----------                              


2. An Amendment To Be Offered by Representative Vitter of Louisiana, or 
                 His Designee, Debatable for 10 Minutes

  In section 104 of the bill--
          (1) in subsection (a), by adding at the end the 
        following new sentence: ``As part of such review, the 
        Comptroller General shall include recommendations to 
        reduce or eliminate the excessive paperwork burdens 
        described in the preceding sentence.''; and
          (2) in subsection (b), after ``Act,'' insert ``and 
        once every 2 years thereafter,''.
                              ----------                              


    3. An Amendment To Be Offered by Representative Bradley of New 
          Hampshire, or His Designee, Debatable for 10 Minutes

    In section 611(e)(2)(A)(i) of the Individuals with 
Disabilities Education Act (as proposed to be amended by 
section 201 of the bill)--
          (1) strike ``$500,000'' and insert ``$750,000''; and
          (2) strike the parenthetical provision.
                              ----------                              


    4. An Amendment To Be Offered by Representative Susan Davis of 
         California, or Her Designee, Debatable for 10 Minutes

    In section 602(8)(C) of the Individuals with Disabilities 
Education Act (as proposed to be amended by section 101 of the 
bill), add at the end before the semicolon the following: 
``that is reasonably calculated to provide educational benefit 
to enable the child with a disability to access the general 
curriculum''.
                              ----------                              


    5. An Amendment To Be Offered by Representative DeMint of South 
          Carolina, or His Designee, Debatable for 20 Minutes

  In section 612(a)(10)(A) of the Individuals with Disabilities 
Education Act, as proposed to be amended by the bill, add at 
the end the following:
                          ``(vii) Parent option program.--If a 
                        State has established a program 
                        described in section 664(c)(11) 
                        (whether statewide or in limited areas 
                        of the State) that allows a parent of a 
                        child with a disability to use public 
                        funds to pay some or all of the costs 
                        of attendance at a public or private 
                        school--
                                  ``(I) funds allocated to the 
                                State under section 611 may be 
                                used to supplement those public 
                                funds, if the Federal funds are 
                                distributed to parents who make 
                                a genuine independent choice as 
                                to the appropriate school for 
                                their child;
                                  ``(II) the authorization of a 
                                parent to exercise this option 
                                fulfills the State's obligation 
                                under paragraph (1) with 
                                respect to the child during the 
                                period in which the child is 
                                enrolled in the selected 
                                school; and
                                  ``(III) a private school 
                                accepting those funds shall be 
                                deemed, for both the programs 
                                and services delivered to the 
                                child, to be providing a free 
                                appropriate public education 
                                and to be in compliance with 
                                section 504 of the 
                                Rehabilitation Act of 1973 (29 
                                U.S.C. 794).
  In section 664(c)(9) of the Individuals with Disabilities 
Education Act, as proposed to be inserted by the bill, strike 
``and'' at the end;
  In section 664(c)(10) of the Individuals with Disabilities 
Education Act, as proposed to be inserted by the bill, strike 
the period at the end and insert ``; and''.
  In section 664(c) of the Individuals with Disabilities 
Education Act, as proposed to be inserted by the bill, add at 
the end the following:
          ``(11) supporting the post-award planning and design, 
        and the initial implementation (which may include costs 
        for informing the community, acquiring necessary 
        equipment and supplies, and other initial operational 
        costs), during a period of not more than 3 years, of 
        State programs that allow the parent of a child with a 
        disability to make a genuine independent choice of the 
        appropriate public or private school for their child, 
        if the program--
                  ``(A) requires that the child--
                          ``(i) have been determined to be a 
                        child with a disability in accordance 
                        with section 614;
                          ``(ii) have spent the prior school 
                        year in attendance at a public 
                        elementary or secondary school unless 
                        the child was served under section 619 
                        or part C during such year; and
                          ``(iii) have in effect an 
                        individualized education program (as 
                        defined in section 614(d)(1)(A));
                  ``(B) permits the parent to receive from the 
                eligible entity funds to be used to pay some or 
                all of the costs of attendance at the selected 
                school (which may include tuition, fees, and 
                transportation costs);
                  ``(C) prohibits the selected school from 
                discriminating against eligible students on the 
                basis of race, color, or national origin; and
                  ``(D) requires the selected school to be 
                academically accountable to the parent for 
                meeting the educational needs of the student.
                              ----------                              


 6. An Amendment To Be Offered By Representative Musgrave of Colorado, 
               or Her Designee, Debatable for 10 Minutes

  In section 612(a)(10)(A) of the Individuals with Disabilities 
Education Act, as proposed to be amended by the bill--
          (1) redesignate clause (vi) as clause (vii); and
          (2) insert after clause (v) the following:
                          ``(vi) Local educational agency 
                        option.--A local educational agency may 
                        elect to fulfill its obligations under 
                        this subparagraph to children with 
                        disabilities enrolled by their parents 
                        in private elementary and secondary 
                        schools in the area served by the 
                        agency by offering certificates to all 
                        such parents for necessary special 
                        education and related services, if--
                                  ``(I) the certificates 
                                offered with respect to each 
                                child have an annual aggregate 
                                value that is equal to the 
                                lesser of--
                                          ``(aa) the per-pupil 
                                        amount derived by 
                                        dividing the 
                                        proportionate share of 
                                        Federal funds 
                                        calculated under clause 
                                        (i)(I) by the number of 
                                        parentally-placed 
                                        children with 
                                        disabilities determined 
                                        under clause (i)(II); 
                                        and
                                          ``(bb) the actual 
                                        cost of the necessary 
                                        special education and 
                                        related services for 
                                        such child; and
                                  ``(II) the certificates may 
                                only be redeemed by the parents 
                                at eligible special education 
                                and related services providers, 
                                as determined by the local 
                                educational agency, that--
                                          ``(aa) provide 
                                        information to the 
                                        parents and such agency 
                                        regarding the progress 
                                        of the child as a 
                                        result of the receipt 
                                        of such services in a 
                                        format and, to the 
                                        extent practicable, a 
                                        language that the 
                                        parents can understand;
                                          ``(bb) meet all 
                                        applicable Federal, 
                                        State, and local 
                                        health, safety, and 
                                        civil rights laws;
                                          ``(cc) demonstrate 
                                        that the provider has 
                                        been lawfully operating 
                                        as a business for not 
                                        less than 1 year; and
                                          ``(dd) provide 
                                        assurances to such 
                                        agency that the 
                                        provider is financially 
                                        sound, is not in 
                                        bankruptcy proceedings, 
                                        and is not the subject 
                                        of an investigation or 
                                        legal judgment 
                                        involving waste, fraud, 
                                        or abuse on the part of 
                                        the provider, or any 
                                        employee of the 
                                        provider, with respect 
                                        to funds under the 
                                        provider's control.
                        Clause (v)(II) shall not apply special 
                        education and related services 
                        furnished pursuant to such 
                        certificates. At the discretion of the 
                        local educational agency, and to the 
                        extent consistent with State law, State 
                        and local funds may be used to add to 
                        the value of such certificates.
                              ----------                              


7. An Amendment To Be Offered by Representative Shadegg of Arizona, or 
                 His Designee, Debatable for 10 Minutes

  In section 204 of the bill, strike ``Section 614'' and insert 
``(a) In General.--Section 614''.
  In section 204 of the bill, add at the end the following:
  (b) Findings; Sense of Congress.--
          (1) Findings.--Congress finds the following:
                  (A) Certain of the categories of disability 
                that allow students to qualify for benefits 
                under the Individuals with Disabilities 
                Education Act have not been scientifically 
                established and, as a result, some children who 
                do not have actual learning disabilities are 
                classified as having disabilities under that 
                Act.
                  (B) Nearly one in eight students is now 
                labeled as disabled.
                  (C) Over one-half of those students are 
                classified as having learning and behavioral 
                challenges.
                  (D) Current definitions of disabilities in 
                the Code of Federal Regulations, particularly 
                the definition of ``emotional disturbance'', 
                are vague and ambiguous.
                  (E) The absence of reliable methods for 
                distinguishing children with a special learning 
                disability from children who have lower than 
                expected achievement leads to over-
                identification and misidentification of non-
                disabled students as students with 
                disabilities.
                  (F) The lack of consistently applied 
                diagnostic criteria for specific learning 
                disabilities makes it possible to diagnose 
                almost any low or underachieving child as a 
                student with a disability.
                  (G) The President's Commission on Excellence 
                in Special Education (PCESE) found in its July 
                1, 2002, report, ``A New Era: Revitalizing 
                Special Education for Children and their 
                Families'', that many of the current methods of 
                identifying children with disabilities lack 
                validity and, as a result, thousands of 
                children are misidentified every year, while 
                many others are not identified early enough or 
                at all.
                  (H) The President's Commission also found 
                that emotional and behavioral difficulties 
                could be prevented through classroom-based 
                approaches involving positive discipline and 
                classroom management.
                  (I) According to testimony from a March 13, 
                2003, hearing before the Subcommittee on 
                Education Reform of the Committee on Education 
                and the Workforce of the House of 
                Representatives, students are frequently 
                referred to special education because they are 
                not succeeding in the general education 
                setting, and not because they are actually 
                disabled.
                  (J) Students with controllable behavioral 
                problems are often classified as having 
                learning disabilities and therefore are not 
                held responsible for their own behavior.
                  (K) According to testimony by Secretary of 
                Education Rod Paige on October 4, 2001, before 
                the Committee on Education and the Workforce of 
                the House of Representatives, our educational 
                system fails to teach many children fundamental 
                skills like reading, then inappropriately 
                identifies some of them as having disabilities, 
                thus harming the educational future of those 
                children who are misidentified and reducing the 
                resources available to serve children with 
                disabilities.
          (2) Sense of congress.--It is the sense of Congress 
        that--
                  (A) students who have not been diagnosed by a 
                physician or other person certified by a State 
                health board as having a disability (as defined 
                under the Individuals with Disabilities 
                Education Act) should not be classified as 
                children with disabilities for purposes of 
                receiving services under that Act; and
                  (B) students with behavioral problems who 
                have not been diagnosed by a physician or other 
                person certified by a State health board as 
                having a disability should be subject to the 
                regular school disciplinary code.
                              ----------                              


 8. An Amendment To Be Offered by Representative Tancredo of Colorado, 
               or His Designee, Debatable for 10 Minutes

  Strike subparagraph (A) of section 602(27) of the Individuals 
with Disabilities Education Act (as proposed to be amended by 
section 101 of the bill) and insert the following:
                  ``(A) In general.--The term `specific 
                learning disability' means a disorder due to a 
                medically detectable and diagnosable 
                physiological condition relying on physical and 
                scientific evidence and not based on subjective 
                criteria.
                              ----------                              


 9. An Amendment To Be Offered by Representative Kirk of Illinois, or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

                   TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. SENSE OF CONGRESS RELATING TO SAFE AND DRUG-FREE SCHOOLS.

  (a) Findings.--Congress finds the following:
          (1) Providing children with disabilities with a safe, 
        productive, and drug-free learning environment is a 
        laudable goal for our Nation's schools.
          (2) Schools are a refuge for students, not a place 
        where drugs and violence are to be tolerated.
          (3) Every child with a disability in the Nation 
        deserves access to a quality education, including a 
        safe and drug-free learning environment.
          (4) Local educational agencies, school boards, 
        schools, teachers, administrators, and students all 
        have a responsibility to keep school facilities, 
        including lockers, drug-free.
          (5) Random searches of student lockers to seize any 
        illegal drugs or drug paraphernalia has been known to 
        work as an effective method to address the problem of 
        such drugs and paraphernalia. The time of day in which 
        lockers are to be searched should be left to the 
        discretion of the local educational agency.
  (b) Sense of Congress.--It is the sense of the Congress that 
safe and drug-free schools are essential for the learning and 
development of children with disabilities.
                              ----------                              


10. An Amendment To Be Offered by Representative McKeon of California, 
               or His Designee, Debatable for 10 Minutes

  In section 611(f) of the Individuals with Disabilities 
Education Act (as proposed to be amended by section 201 of the 
bill), add at the end the following:
          ``(4) Special rule for increased funds.--
                  ``(A) In general.--If the amount available 
                for allocations to States under subsection 
                (d)(1) for a fiscal year is equal to or greater 
                than the amount allocated to States for fiscal 
                year 2003, then each State may retain not more 
                than the amount of funds it had reserved under 
                subsection (e)(1)(B) for fiscal year 2003.
                  ``(B) Exception.--In any fiscal year in which 
                the percentage increase of the amount available 
                for allocations to States under subsection 
                (d)(1) is equal to or greater than the rate of 
                inflation, each State may increase its 
                allocation under subsection (e)(1)(B) by the 
                amount allowed under subsection (e)(4)(B), for 
                the sole purpose of making grants under 
                subsection (e)(4)(A).
                              ----------                              


    11. An Amendment To Be Offered by Representative Nethercutt of 
         Washington, or His Designee, Debatable for 10 Minutes

    In section 635(a)(16)(B) of the Individuals with 
Disabilities Education Act (as proposed to be amended by 
section 301 of the bill), add at the end before the period the 
following: ``or in a setting that is most appropriate, as 
determined by the parent and the individualized family service 
plan team''.
                              ----------                              


  12. An Amendment To Be Offered by Representative Loretta Sanchez of 
         California, or Her Designee, Debatable for 10 Minutes

    In section 665(b)(2)(I) of the Individuals with 
Disabilities Education Act (as proposed to be amended by 
section 401 of the bill), add at the end before the period the 
following: ``, including to train school safety personnel and 
first responders who work at qualified educational 
facilities''.
                              ----------                              


 13. An Amendment To Be Offered by Representative Wu of Oregon, or His 
                   Designee, Debatable for 10 Minutes

  In section 654(c) of the Individuals with Disabilities 
Education Act (as proposed to be amended by section 401 of the 
bill), strike paragraph (2) and insert the following:
          ``(2) Priority.--The Secretary may give priority to 
        applications--
                  ``(A) on the basis of need; and
                  ``(B) that provide for the establishment of 
                professional development programs regarding 
                methods of early and appropriate identification 
                of children with disabilities.
                              ----------                              


14. An Amendment To Be Offered by Representative Garrett of New Jersey, 
               or His Designee, Debatable for 10 Minutes

    Add at the end of the bill the following new title:

                   TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. STUDY AND REPORT ON STATE COSTS UNDER THE INDIVIDUALS WITH 
                    DISABILITIES EDUCATION ACT.

  (a) Study.--The Secretary of Education shall conduct a study 
on the amount of cost to States to comply with the requirements 
of the Individuals with Disabilities Education Act.
  (b) Report.--Not later than 2 years after the date of the 
enactment of this Act, the Secretary shall prepare and submit 
to Congress a report that contains the results of the study 
conducted under subsection (a).

                                
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