[House Report 118-252]
[From the U.S. Government Publishing Office]


118th Congress }                                                {  Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                                { 118-252

======================================================================



 
             THINK DIFFERENTLY ABOUT EDUCATION ACT OF 2023

                                _______
                                

October 25, 2023.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Ms. Foxx, from the Committee on Education and the Workforce, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 4259]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Education and the Workforce, to whom was 
referred the bill (H.R. 4259) to amend the Individuals with 
Disabilities Education Act to require notification with respect 
to individualized education program teams, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Think Differently about Education Act 
of 2023''.

SEC. 2. NOTIFICATION REQUIREMENT FOR IEP TEAMS.

  Section 614(d)(1)(B) of the Individuals with Disabilities Education 
Act (20 U.S.C. 1414(d)(1)(B)) is amended--
          (1) in clause (iv), by redesignating subclauses (I) through 
        (III) as items (aa) through (cc), respectively (and by 
        conforming the margins accordingly);
          (2) by redesignating clauses (i) through (vii) as subclauses 
        (I) through (VII), respectively (and by conforming the margins 
        accordingly);
          (3) in the matter preceding subclause (I), as so 
        redesignated, by striking ``The term'' and inserting the 
        following:
                          ``(i) In general.--The term''; and
          (4) by adding at the end the following:
                          ``(ii) Notification required.--Within a 
                        reasonable timeframe prior to the first 
                        convening of the individualized education 
                        program team for a child with a disability for 
                        a school year, the local educational agency 
                        that serves such child shall notify the parent 
                        of such child that such parent may, under 
                        clause (i)(VI), include other individuals who 
                        have knowledge or special expertise regarding 
                        the child, including related services personnel 
                        as appropriate, as part of the individualized 
                        education program team.''.

                                Purpose

    Since 1975, the Individuals with Disabilities Education Act 
(IDEA) has provided teachers, parents, and schools with the 
tools needed to ensure students in special education receive 
the opportunities they deserve. Specifically, IDEA has provided 
federal funding to states and school districts to assist them 
in providing a free appropriate public education (FAPE) in the 
least restrictive environment (LRE) to students with 
disabilities. H.R. 4259, the Think Differently about Education 
Act of 2023, introduced June 21 by Rep. Marc Molinaro (R-NY), 
builds upon those tools. H.R. 4259 amends IDEA to require local 
educational agencies to notify parents of children with 
disabilities of the right to bring outside experts to IEP team 
meetings. The bill does not affect the existing provision. It 
only requires agencies to provide parents with notice that this 
provision exists.

                            Committee Action


                             117TH CONGRESS

First Session--Hearings

    On March 25, 2021, the Committee's Subcommittee on Early 
Childhood, Elementary, and Secondary Education (ECESE) held a 
hearing on ``Lessons Learned: Charting the Path to Educational 
Equity Post-COVID-19.'' The purpose of the hearing was to 
examine the impact of COVID-19 on vulnerable students, 
particularly students with disabilities. Testifying before the 
Subcommittee were Mrs. Jennifer Dale, Parent, Lake Oswego, 
Oregon; Mr. Alberto M. Carvalho, Superintendent, Miami-Dade 
County Public Schools, Miami, Florida; Mr. Marc Morial, 
President and CEO, National Urban League, New York, New York; 
and Ms. Selene Almazan, Legal Director, Council of Parent 
Attorneys and Advocates, Towson, Maryland.
    On May 6, 2021, the ECESE Subcommittee held a hearing on 
``Addressing the Impact of COVID-19 on Students with 
Disabilities.'' The purpose of the hearing was to examine the 
negative consequences of COVID-19 on students with disabilities 
and to consider strategies to address the loss of services and 
learning. Testifying before the Subcommittee were Mr. Reade 
Bush, Parent, Arlington, Virginia; Mr. Ron Hager, Managing 
Attorney for Education and Employment, National Disability 
Rights Network, Washington D.C.; Dr. Danielle Kovach, Special 
Education Teacher, Tulsa Trail Elementary School, Hopatcong, 
New Jersey; and Ms. Kanike Littleton, Project Director, 
Michigan Alliance for Families, Lansing, Michigan.
    On June 24, 2021, the Committee on Education and Labor held 
a hearing on ``Examining the Policies and Priorities of the 
U.S. Department of Education.'' The purpose of the hearing was 
to review the Fiscal Year 2022 budget priorities of the U.S. 
Department of Education; policies aimed at helping students 
with disabilities were also discussed. Testifying before the 
Committee was The Honorable Miguel Cardona, Secretary, U.S. 
Department of Education, Washington, D.C.

Second Session--Hearings

    On February 16, 2022, the ECESE Subcommittee held a hearing 
on ``Serving All Students: Promoting a Healthier, More 
Supportive School Environment.'' The purpose of the hearing was 
to examine school safety practices, including proposals to fund 
school districts' efforts to create positive school climates, 
including those appropriate for students with disabilities. 
Testifying before the Subcommittee were Mr. Max Eden, Research 
Fellow, American Enterprise Institute, Washington D.C.; Ms. 
Kristen Harper, Vice President for Public Policy and 
Engagement, Child Trends, Bethesda, Maryland; Mr. Guy Stephens, 
Founder and Executive Director, Alliance Against Seclusion and 
Restraint, Solomons, Maryland; and Ms. Morgan Craven, National 
Director of Policy, Advocacy and Community Engagement, 
Intercultural Development Research Association, San Antonio, 
Texas.
    On May 26, 2022, the Committee on Education and Labor held 
a hearing on ``Examining the Policies and Priorities of the 
U.S. Department of Education.'' The purpose of the hearing was 
to review the Fiscal Year 2023 budget priorities of the U.S. 
Department of Education; policies to help students with 
disabilities were also discussed. Testifying before the 
Committee was The Honorable Miguel Cardona, Secretary, U.S. 
Department of Education, Washington, D.C.
    On September 20, 2022, the ECESE Subcommittee held a 
hearing on ``Back to School: Meeting Students' Academic, Social 
and Emotional Needs.'' The purpose of the hearing was to 
examine how states and school districts are meeting the 
academic and mental health needs of students, including 
students with disabilities. Testifying before the Subcommittee 
were Dr. Penny Schwinn, Commissioner, Tennessee Department of 
Education, Nashville, Tennessee; Dr. Aaliyah A. Samuel, 
President and Chief Executive Officer, Collaborative for 
Academic, Social, and Emotional Learning, Chicago, Illinois; 
Dr. Matthew Blomstedt, Commissioner, Nebraska Department of 
Education, Lincoln, Nebraska; and Ms. Phyllis Jordan, Associate 
Director, Future Ed, Georgetown University, Washington, D.C.

                             118TH CONGRESS

First Session--Hearings

    On February 8, 2023, the Committee on Education and the 
Workforce held a hearing on ``American Education in Crisis.'' 
The purpose of the hearing was to examine the state of American 
education, including the need to add transparency and 
accountability, to update the education system to serve the 
needs of students and families, and to protect and restore the 
rights of parents to have a say in their children's education. 
Testifying before the Committee were Ms. Virginia Gentles, 
Director, Education Freedom Center, Independent Women's Forum, 
Arlington, Virginia; Dr. Monty Sullivan, President, Louisiana 
Community and Technical College System, Baton Rouge, Louisiana; 
Mr. Scott Pulsipher, President, Western Governors University, 
Salt Lake City, Utah; and Mr. Jared Polis, Governor, State of 
Colorado, Denver, Colorado.
    On May 16, 2023, the Committee on Education and the 
Workforce held a hearing on ``Examining the Policies and 
Priorities of the U.S. Department of Education.'' The purpose 
of the hearing was to review the Fiscal Year 2024 budget 
priorities of the U.S. Department of Education; policies aimed 
at helping students with disabilities were also discussed. 
Testifying before the Committee was The Honorable Miguel 
Cardona, Secretary, U.S. Department of Education, Washington, 
D.C.

Legislative Action

    On June 21, 2023, Rep. Molinaro introduced H.R. 4259, the 
Think Differently About Education Act of 2023, with Rep. Tony 
Cardenas (D-CA) as an original co-sponsor. The bill was 
referred solely to the Committee on Education and the 
Workforce. On September 14, 2023, the Committee considered H.R. 
4259 in legislative session and adopted an amendment in the 
nature of a substitute offered by Rep. Aaron Bean (R-FL) that 
made a technical change. The Committee did not consider further 
amendments to H.R. 4259. The Committee reported H.R. 4259 
favorably, as amended, to the House of Representatives by a 
recorded vote of 39-0.

                            Committee Views


                              INTRODUCTION

    The Individuals with Disabilities Education Act (IDEA) 
requires school districts to identify children with 
disabilities and provide those children a free appropriate 
public education (FAPE) in the least restrictive 
environment.\1\ FAPE must consist of special education and 
related services that allow children with disabilities to 
access and make progress in the general education curriculum.
---------------------------------------------------------------------------
    \1\Sec. 612(a)(1) and (5).
---------------------------------------------------------------------------
    Under IDEA, the specific services and accommodations to be 
provided to a child with a disability are documented in an 
Individualized Education Program (IEP). The IEP is developed by 
the IEP team, the composition of which is spelled out in the 
statute.\2\ Within the list of IEP team members, the statute 
allows parents to invite ``other individuals who have knowledge 
or special expertise regarding the child, including related 
services personnel as appropriate.''\3\ This language permits 
parents to bring in lawyers or other experts to advocate for 
the child's needs at the IEP team meeting.
---------------------------------------------------------------------------
    \2\Sec. 614(d)(1)(B).
    \3\Sec. 614(d)(1)(B)(vi).
---------------------------------------------------------------------------

    PROTECTING THE RIGHTS OF PARENTS AND CHILDREN WITH DISABILITIES

    IDEA guarantees children with disabilities access to 
education and the related services they need to thrive in the 
classroom. When it works well, the law facilitates healthy 
dialogue between parents, school officials, and outside experts 
within an IEP team to develop an educational plan that meets a 
child's needs and allows him or her to thrive. An example of 
this collaboration is the provision that permits parents to 
invite outside experts to IEP team meetings. Since parents 
often do not have the medical, educational, or legal expertise 
to advocate confidently on behalf of their child, this 
provision provides important protections for the rights of 
parents and their children.
    Unfortunately, IDEA does not always work as intended. 
Sometimes parents of children with disabilities are unaware 
that they have the right to involve outside experts in IEP team 
meetings; as a result, the IEP team may make flawed decisions 
without this expert feedback about a child's needs and parents 
may feel frustrated and confused. H.R. 4259 will address this 
issue: this bill simply ensures that parents are notified 
annually of their right to bring outside experts to IEP team 
meetings. This is consistent with Congressional efforts to 
ensure that parents are empowered with the information they 
need to advocate effectively for their children.

                               CONCLUSION

    IDEA empowers parents to advocate effectively for access to 
FAPE for their children with disabilities. The Think 
Differently about Education Act of 2023 will make that process 
easier for parents by ensuring they receive notice of their 
right to have outside experts advocate on their behalf at IEP 
team meetings. This is why this bill passed unanimously out of 
the Committee on Education and the Workforce. This bill is an 
important part of Congress's efforts to advance parents' rights 
and improve the educational outcomes of children with 
disabilities.

                                Summary

    H.R. 4259 requires local educational agencies to notify the 
parents of children with disabilities before the first meeting 
of the child's Individualized Education Program (IEP) team each 
school year of the parents' right to invite outside experts to 
IEP team meetings.

                       Section-by-Section Summary


Section 1. Short title

           Names the bill as the ``Think Differently 
        About Education Act of 2023''.

Section 2. Notification requirement for IEP teams

           Amends section 614(d)(1)(B) of IDEA to 
        require, within a reasonable timeframe prior to the 
        first meeting of the IEP team for a child with a 
        disability each school year, the local educational 
        agency to notify the parent of the child with a 
        disability of the parent's right to include other 
        individuals who have knowledge or special expertise 
        regarding the child in the IEP team meeting.

                       Explanation of Amendments

    The amendment in the nature of a substitute is explained in 
the body of this report.

              Application of Law to the Legislative Branch

    Section 102(b)3 of Public Law 104-1 requires a description 
of the application of this bill to the legislative branch. H.R. 
4259 amends the notification requirements of the Individuals 
with Disabilities Education Act and therefore does not affect 
the legislative branch.

                       Unfunded Mandate Statement

    Pursuant to Section 423 of the Congressional Budget and 
Impoundment Control Act of 1974, Pub. L. No. 93-344 (as amended 
by Section 101(a)(2) of the Unfunded Mandates Reform Act of 
1995, Pub. L. No. 104-4), the Committee adopts as its own the 
cost estimate prepared by the Director of the Congressional 
Budget Office (CBO) pursuant to section 402 of the 
Congressional Budget and Impoundment Control Act of 1974.

                           Earmark Statement

    H.R. 4259 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI of the Rules of the House of 
Representatives.

                            Roll Call Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee Report to include for 
each record vote on a motion to report the measure or matter 
and on any amendments offered to the measure or matter the 
total number of votes for and against and the names of the 
Members voting for and against.


         Statement of General Performance Goals and Objectives

    In accordance with clause (3)(c) of rule XIII of the Rules 
of the House of Representatives, the goal of H.R. 4259 is to 
require local educational agencies to notify parents of 
children with disabilities of the right to bring outside 
experts to IEP team meetings.

                    Duplication of Federal Programs

    No provision of H.R. 4259 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the committee's oversight findings and recommendations are 
reflected in the body of this report.

            Required Committee Hearing and Related Hearings

    In compliance with clause 3(c)(6) of rule XIII of the Rules 
of the House of Representatives, the following hearings held 
during the 118th Congress were used to develop or consider H.R. 
4259: on February 8, 2023, the Committee on Education and the 
Workforce held a hearing on ``American Education in Crisis'' 
and on May 16, 2023, the Committee on Education and the 
Workforce held a hearing on ``Examining the Policies and 
Priorities of the U.S. Department of Education.''

               New Budget Authority and CBO Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following estimate for H.R. 4259 from the Director of the 
Congressional Budget Office:




    H.R. 4259 would amend the Individuals with Disabilities 
Education Act to require each local education agency to notify 
the parents of a child with a disability that they may include 
individuals with special expertise or knowledge of the child as 
part of the child's individualized education program team. CBO 
estimates that the cost to the Department of Education to 
implement that requirement would be insignificant; any spending 
would be subject to the availability of appropriated funds.
    The CBO staff contact for this estimate is Garrett 
Quenneville. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                        Committee Cost Estimate

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison of the 
costs that would be incurred in carrying out H.R. 4259. 
However, clause 3(d)(2)(B) of that rule provides that this 
requirement does not apply when, as with the present report, 
the committee adopts as its own the cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 402 of the Congressional Budget Act.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

              INDIVIDUALS WITH DISABILITIES EDUCATION ACT




           *       *       *       *       *       *       *
PART B--ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES

           *       *       *       *       *       *       *


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

  (a) Evaluations, Parental Consent, and Reevaluations.--
          (1) Initial evaluations.--
                  (A) In general.--A State educational agency, 
                other State agency, or local educational agency 
                shall conduct a full and individual initial 
                evaluation in accordance with this paragraph 
                and subsection (b), before the initial 
                provision of special education and related 
                services to a child with a disability under 
                this part.
                  (B) Request for initial evaluation.--
                Consistent with subparagraph (D), either a 
                parent of a child, or a State educational 
                agency, other State agency, or local 
                educational agency may initiate a request for 
                an initial evaluation to determine if the child 
                is a child with a disability.
                  (C) Procedures.--
                          (i) In general.--Such initial 
                        evaluation shall consist of 
                        procedures--
                                  (I) to determine whether a 
                                child is a child with a 
                                disability (as defined in 
                                section 602) within 60 days of 
                                receiving parental consent for 
                                the evaluation, or, if the 
                                State establishes a timeframe 
                                within which the evaluation 
                                must be conducted, within such 
                                timeframe; and
                                  (II) to determine the 
                                educational needs of such 
                                child.
                          (ii) Exception.--The relevant 
                        timeframe in clause (i)(I) shall not 
                        apply to a local educational agency 
                        if--
                                  (I) a child enrolls in a 
                                school served by the local 
                                educational agency after the 
                                relevant timeframe in clause 
                                (i)(I) has begun and prior to a 
                                determination by the child's 
                                previous local educational 
                                agency as to whether the child 
                                is a child with a disability 
                                (as defined in section 602), 
                                but only if the subsequent 
                                local educational agency is 
                                making sufficient progress to 
                                ensure a prompt completion of 
                                the evaluation, and the parent 
                                and subsequent local 
                                educational agency agree to a 
                                specific time when the 
                                evaluation will be completed; 
                                or
                                  (II) the parent of a child 
                                repeatedly fails or refuses to 
                                produce the child for the 
                                evaluation.
                  (D) Parental consent.--
                          (i) In general.--
                                  (I) Consent for initial 
                                evaluation.--The agency 
                                proposing to conduct an initial 
                                evaluation to determine if the 
                                child qualifies as a child with 
                                a disability as defined in 
                                section 602 shall obtain 
                                informed consent from the 
                                parent of such child before 
                                conducting the evaluation. 
                                Parental consent for evaluation 
                                shall not be construed as 
                                consent for placement for 
                                receipt of special education 
                                and related services.
                                  (II) Consent for services.--
                                An agency that is responsible 
                                for making a free appropriate 
                                public education available to a 
                                child with a disability under 
                                this part shall seek to obtain 
                                informed consent from the 
                                parent of such child before 
                                providing special education and 
                                related services to the child.
                          (ii) Absence of consent.--
                                  (I) For initial evaluation.--
                                If the parent of such child 
                                does not provide consent for an 
                                initial evaluation under clause 
                                (i)(I), or the parent fails to 
                                respond to a request to provide 
                                the consent, the local 
                                educational agency may pursue 
                                the initial evaluation of the 
                                child by utilizing the 
                                procedures described in section 
                                615, except to the extent 
                                inconsistent with State law 
                                relating to such parental 
                                consent.
                                  (II) For services.--If the 
                                parent of such child refuses to 
                                consent to services under 
                                clause (i)(II), the local 
                                educational agency shall not 
                                provide special education and 
                                related services to the child 
                                by utilizing the procedures 
                                described in section 615.
                                  (III) Effect on agency 
                                obligations.--If the parent of 
                                such child refuses to consent 
                                to the receipt of special 
                                education and related services, 
                                or the parent fails to respond 
                                to a request to provide such 
                                consent--
                                          (aa) the local 
                                        educational agency 
                                        shall not be considered 
                                        to be in violation of 
                                        the requirement to make 
                                        available a free 
                                        appropriate public 
                                        education to the child 
                                        for the failure to 
                                        provide such child with 
                                        the special education 
                                        and related services 
                                        for which the local 
                                        educational agency 
                                        requests such consent; 
                                        and
                                          (bb) the local 
                                        educational agency 
                                        shall not be required 
                                        to convene an IEP 
                                        meeting or develop an 
                                        IEP under this section 
                                        for the child for the 
                                        special education and 
                                        related services for 
                                        which the local 
                                        educational agency 
                                        requests such consent.
                          (iii) Consent for wards of the 
                        state.--
                                  (I) In general.--If the child 
                                is a ward of the State and is 
                                not residing with the child's 
                                parent, the agency shall make 
                                reasonable efforts to obtain 
                                the informed consent from the 
                                parent (as defined in section 
                                602) of the child for an 
                                initial evaluation to determine 
                                whether the child is a child 
                                with a disability.
                                  (II) Exception.--The agency 
                                shall not be required to obtain 
                                informed consent from the 
                                parent of a child for an 
                                initial evaluation to determine 
                                whether the child is a child 
                                with a disability if--
                                          (aa) despite 
                                        reasonable efforts to 
                                        do so, the agency 
                                        cannot discover the 
                                        whereabouts of the 
                                        parent of the child;
                                          (bb) the rights of 
                                        the parents of the 
                                        child have been 
                                        terminated in 
                                        accordance with State 
                                        law; or
                                          (cc) the rights of 
                                        the parent to make 
                                        educational decisions 
                                        have been subrogated by 
                                        a judge in accordance 
                                        with State law and 
                                        consent for an initial 
                                        evaluation has been 
                                        given by an individual 
                                        appointed by the judge 
                                        to represent the child.
                  (E) Rule of construction.--The screening of a 
                student by a teacher or specialist to determine 
                appropriate instructional strategies for 
                curriculum implementation shall not be 
                considered to be an evaluation for eligibility 
                for special education and related services.
          (2) Reevaluations.--
                  (A) In general.--A local educational agency 
                shall ensure that a reevaluation of each child 
                with a disability is conducted in accordance 
                with subsections (b) and (c)--
                          (i) if the local educational agency 
                        determines that the educational or 
                        related services needs, including 
                        improved academic achievement and 
                        functional performance, of the child 
                        warrant a reevaluation; or
                          (ii) if the child's parents or 
                        teacher requests a reevaluation.
                  (B) Limitation.--A reevaluation conducted 
                under subparagraph (A) shall occur--
                          (i) not more frequently than once a 
                        year, unless the parent and the local 
                        educational agency agree otherwise; and
                          (ii) at least once every 3 years, 
                        unless the parent and the local 
                        educational agency agree that a 
                        reevaluation is unnecessary.
  (b) Evaluation Procedures.--
          (1) Notice.--The local educational agency shall 
        provide notice to the parents of a child with a 
        disability, in accordance with subsections (b)(3), 
        (b)(4), and (c) of section 615, that describes any 
        evaluation procedures such agency proposes to conduct.
          (2) Conduct of evaluation.--In conducting the 
        evaluation, the local educational agency shall--
                  (A) use a variety of assessment tools and 
                strategies to gather relevant functional, 
                developmental, and academic information, 
                including information provided by the parent, 
                that may assist in determining--
                          (i) whether the child is a child with 
                        a disability; and
                          (ii) the content of the child's 
                        individualized education program, 
                        including information related to 
                        enabling the child to be involved in 
                        and progress in the general education 
                        curriculum, or, for preschool children, 
                        to participate in appropriate 
                        activities;
                  (B) not use any single measure or assessment 
                as the sole criterion for determining whether a 
                child is a child with a disability or 
                determining an appropriate educational program 
                for the child; and
                  (C) use technically sound instruments that 
                may assess the relative contribution of 
                cognitive and behavioral factors, in addition 
                to physical or developmental factors.
          (3) Additional requirements.--Each local educational 
        agency shall ensure that--
                  (A) assessments and other evaluation 
                materials used to assess a child under this 
                section--
                          (i) are selected and administered so 
                        as not to be discriminatory on a racial 
                        or cultural basis;
                          (ii) are provided and administered in 
                        the language and form most likely to 
                        yield accurate information on what the 
                        child knows and can do academically, 
                        developmentally, and functionally, 
                        unless it is not feasible to so provide 
                        or administer;
                          (iii) are used for purposes for which 
                        the assessments or measures are valid 
                        and reliable;
                          (iv) are administered by trained and 
                        knowledgeable personnel; and
                          (v) are administered in accordance 
                        with any instructions provided by the 
                        producer of such assessments;
                  (B) the child is assessed in all areas of 
                suspected disability;
                  (C) assessment tools and strategies that 
                provide relevant information that directly 
                assists persons in determining the educational 
                needs of the child are provided; and
                  (D) assessments of children with disabilities 
                who transfer from 1 school district to another 
                school district in the same academic year are 
                coordinated with such children's prior and 
                subsequent schools, as necessary and as 
                expeditiously as possible, to ensure prompt 
                completion of full evaluations.
          (4) Determination of eligibility and educational 
        need.--Upon completion of the administration of 
        assessments and other evaluation measures--
                  (A) the determination of whether the child is 
                a child with a disability as defined in section 
                602(3) and the educational needs of the child 
                shall be made by a team of qualified 
                professionals and the parent of the child in 
                accordance with paragraph (5); and
                  (B) a copy of the evaluation report and the 
                documentation of determination of eligibility 
                shall be given to the parent.
          (5) Special rule for eligibility determination.--In 
        making a determination of eligibility under paragraph 
        (4)(A), a child shall not be determined to be a child 
        with a disability if the determinant factor for such 
        determination is--
                  (A) lack of appropriate instruction in 
                reading, including in the essential components 
                of reading instruction (as defined in section 
                1208(3) of the Elementary and Secondary 
                Education Act of 1965, as such section was in 
                effect on the day before the date of enactment 
                of the Every Student Succeeds Act);
                  (B) lack of instruction in math; or
                  (C) limited English proficiency.
          (6) Specific learning disabilities.--
                  (A) In general.--Notwithstanding section 
                607(b), when determining whether a child has a 
                specific learning disability as defined in 
                section 602, a local educational agency shall 
                not be required to take into consideration 
                whether a child has a severe discrepancy 
                between achievement and intellectual ability in 
                oral expression, listening comprehension, 
                written expression, basic reading skill, 
                reading comprehension, mathematical 
                calculation, or mathematical reasoning.
                  (B) Additional authority.--In determining 
                whether a child has a specific learning 
                disability, a local educational agency may use 
                a process that determines if the child responds 
                to scientific, research-based intervention as a 
                part of the evaluation procedures described in 
                paragraphs (2) and (3).
  (c) Additional Requirements For Evaluation and 
Reevaluations.--
          (1) Review of existing evaluation data.--As part of 
        an initial evaluation (if appropriate) and as part of 
        any reevaluation under this section, the IEP Team and 
        other qualified professionals, as appropriate, shall--
                  (A) review existing evaluation data on the 
                child, including--
                          (i) evaluations and information 
                        provided by the parents of the child;
                          (ii) current classroom-based, local, 
                        or State assessments, and classroom-
                        based observations; and
                          (iii) observations by teachers and 
                        related services providers; and
                  (B) on the basis of that review, and input 
                from the child's parents, identify what 
                additional data, if any, are needed to 
                determine--
                          (i) whether the child is a child with 
                        a disability as defined in section 
                        602(3), and the educational needs of 
                        the child, or, in case of a 
                        reevaluation of a child, whether the 
                        child continues to have such a 
                        disability and such educational needs;
                          (ii) the present levels of academic 
                        achievement and related developmental 
                        needs of the child;
                          (iii) whether the child needs special 
                        education and related services, or in 
                        the case of a reevaluation of a child, 
                        whether the child continues to need 
                        special education and related services; 
                        and
                          (iv) whether any additions or 
                        modifications to the special education 
                        and related services are needed to 
                        enable the child to meet the measurable 
                        annual goals set out in the 
                        individualized education program of the 
                        child and to participate, as 
                        appropriate, in the general education 
                        curriculum.
          (2) Source of data.--The local educational agency 
        shall administer such assessments and other evaluation 
        measures as may be needed to produce the data 
        identified by the IEP Team under paragraph (1)(B).
          (3) Parental consent.--Each local educational agency 
        shall obtain informed parental consent, in accordance 
        with subsection (a)(1)(D), prior to conducting any 
        reevaluation of a child with a disability, except that 
        such informed parental consent need not be obtained if 
        the local educational agency can demonstrate that it 
        had taken reasonable measures to obtain such consent 
        and the child's parent has failed to respond.
          (4) Requirements if additional data are not needed.--
        If the IEP Team and other qualified professionals, as 
        appropriate, determine that no additional data are 
        needed to determine whether the child continues to be a 
        child with a disability and to determine the child's 
        educational needs, the local educational agency--
                  (A) shall notify the child's parents of--
                          (i) that determination and the 
                        reasons for the determination; and
                          (ii) the right of such parents to 
                        request an assessment to determine 
                        whether the child continues to be a 
                        child with a disability and to 
                        determine the child's educational 
                        needs; and
                  (B) shall not be required to conduct such an 
                assessment unless requested to by the child's 
                parents.
          (5) Evaluations before change in eligibility.--
                  (A) In general.--Except as provided in 
                subparagraph (B), a local educational agency 
                shall evaluate a child with a disability in 
                accordance with this section before determining 
                that the child is no longer a child with a 
                disability.
                  (B) Exception.--
                          (i) In general.--The evaluation 
                        described in subparagraph (A) shall not 
                        be required before the termination of a 
                        child's eligibility under this part due 
                        to graduation from secondary school 
                        with a regular diploma, or due to 
                        exceeding the age eligibility for a 
                        free appropriate public education under 
                        State law.
                          (ii) Summary of performance.--For a 
                        child whose eligibility under this part 
                        terminates under circumstances 
                        described in clause (i), a local 
                        educational agency shall provide the 
                        child with a summary of the child's 
                        academic achievement and functional 
                        performance, which shall include 
                        recommendations on how to assist the 
                        child in meeting the child's 
                        postsecondary goals.
  (d) Individualized Education Programs.--
          (1) Definitions.--In this title:
                  (A) Individualized education program.--
                          (i) In general.--The term 
                        ``individualized education program'' or 
                        ``IEP'' means a written statement for 
                        each child with a disability that is 
                        developed, reviewed, and revised in 
                        accordance with this section and that 
                        includes--
                                  (I) a statement of the 
                                child's present levels of 
                                academic achievement and 
                                functional performance, 
                                including--
                                          (aa) how the child's 
                                        disability affects the 
                                        child's involvement and 
                                        progress in the general 
                                        education curriculum;
                                          (bb) for preschool 
                                        children, as 
                                        appropriate, how the 
                                        disability affects the 
                                        child's participation 
                                        in appropriate 
                                        activities; and
                                          (cc) for children 
                                        with disabilities who 
                                        take alternate 
                                        assessments aligned to 
                                        alternate achievement 
                                        standards, a 
                                        description of 
                                        benchmarks or short-
                                        term objectives;
                                  (II) a statement of 
                                measurable annual goals, 
                                including academic and 
                                functional goals, designed to--
                                          (aa) meet the child's 
                                        needs that result from 
                                        the child's disability 
                                        to enable the child to 
                                        be involved in and make 
                                        progress in the general 
                                        education curriculum; 
                                        and
                                          (bb) meet each of the 
                                        child's other 
                                        educational needs that 
                                        result from the child's 
                                        disability;
                                  (III) a description of how 
                                the child's progress toward 
                                meeting the annual goals 
                                described in subclause (II) 
                                will be measured and when 
                                periodic reports on the 
                                progress the child is making 
                                toward meeting the annual goals 
                                (such as through the use of 
                                quarterly or other periodic 
                                reports, concurrent with the 
                                issuance of report cards) will 
                                be provided;
                                  (IV) a statement of the 
                                special education and related 
                                services and supplementary aids 
                                and services, based on peer-
                                reviewed research to the extent 
                                practicable, to be provided to 
                                the child, or on behalf of the 
                                child, and a statement of the 
                                program modifications or 
                                supports for school personnel 
                                that will be provided for the 
                                child--
                                          (aa) to advance 
                                        appropriately toward 
                                        attaining the annual 
                                        goals;
                                          (bb) to be involved 
                                        in and make progress in 
                                        the general education 
                                        curriculum in 
                                        accordance with 
                                        subclause (I) and to 
                                        participate in 
                                        extracurricular and 
                                        other nonacademic 
                                        activities; and
                                          (cc) to be educated 
                                        and participate with 
                                        other children with 
                                        disabilities and 
                                        nondisabled children in 
                                        the activities 
                                        described in this 
                                        subparagraph;
                                  (V) an explanation of the 
                                extent, if any, to which the 
                                child will not participate with 
                                nondisabled children in the 
                                regular class and in the 
                                activities described in 
                                subclause (IV)(cc);
                                  (VI)(aa) a statement of any 
                                individual appropriate 
                                accommodations that are 
                                necessary to measure the 
                                academic achievement and 
                                functional performance of the 
                                child on State and districtwide 
                                assessments consistent with 
                                section 612(a)(16)(A); and
                                  (bb) if the IEP Team 
                                determines that the child shall 
                                take an alternate assessment on 
                                a particular State or 
                                districtwide assessment of 
                                student achievement, a 
                                statement of why--
                                          (AA) the child cannot 
                                        participate in the 
                                        regular assessment; and
                                          (BB) the particular 
                                        alternate assessment 
                                        selected is appropriate 
                                        for the child;
                                  (VII) the projected date for 
                                the beginning of the services 
                                and modifications described in 
                                subclause (IV), and the 
                                anticipated frequency, 
                                location, and duration of those 
                                services and modifications; and
                                  (VIII) beginning not later 
                                than the first IEP to be in 
                                effect when the child is 16, 
                                and updated annually 
                                thereafter--
                                          (aa) appropriate 
                                        measurable 
                                        postsecondary goals 
                                        based upon age 
                                        appropriate transition 
                                        assessments related to 
                                        training, education, 
                                        employment, and, where 
                                        appropriate, 
                                        independent living 
                                        skills;
                                          (bb) the transition 
                                        services (including 
                                        courses of study) 
                                        needed to assist the 
                                        child in reaching those 
                                        goals; and
                                          (cc) beginning not 
                                        later than 1 year 
                                        before the child 
                                        reaches the age of 
                                        majority under State 
                                        law, a statement that 
                                        the child has been 
                                        informed of the child's 
                                        rights under this 
                                        title, if any, that 
                                        will transfer to the 
                                        child on reaching the 
                                        age of majority under 
                                        section 615(m).
                          (ii) Rule of construction.--Nothing 
                        in this section shall be construed to 
                        require--
                                  (I) that additional 
                                information be included in a 
                                child's IEP beyond what is 
                                explicitly required in this 
                                section; and
                                  (II) the IEP Team to include 
                                information under 1 component 
                                of a child's IEP that is 
                                already contained under another 
                                component of such IEP.
                  (B) Individualized education program team.--
                [The term]
                          (i) In general._The term  
                        ``individualized education program 
                        team'' or ``IEP Team'' means a group of 
                        individuals composed of--
                                  [(i)] (I) the parents of a 
                                child with a disability;
                                  [(ii)] (II) not less than 1 
                                regular education teacher of 
                                such child (if the child is, or 
                                may be, participating in the 
                                regular education environment);
                                  [(iii)] (III) not less than 1 
                                special education teacher, or 
                                where appropriate, not less 
                                than 1 special education 
                                provider of such child;
                                  [(iv)] (IV) a representative 
                                of the local educational agency 
                                who--
                                          [(I)] (aa) is 
                                        qualified to provide, 
                                        or supervise the 
                                        provision of, specially 
                                        designed instruction to 
                                        meet the unique needs 
                                        of children with 
                                        disabilities;
                                          [(II)] (bb) is 
                                        knowledgeable about the 
                                        general education 
                                        curriculum; and
                                          [(III)] (cc) is 
                                        knowledgeable about the 
                                        availability of 
                                        resources of the local 
                                        educational agency;
                                  [(v)] (V) an individual who 
                                can interpret the instructional 
                                implications of evaluation 
                                results, who may be a member of 
                                the team described in clauses 
                                (ii) through (vi);
                                  [(vi)] (VI) at the discretion 
                                of the parent or the agency, 
                                other individuals who have 
                                knowledge or special expertise 
                                regarding the child, including 
                                related services personnel as 
                                appropriate; and
                                  [(vii)] (VII) whenever 
                                appropriate, the child with a 
                                disability.
                          (ii) Notification required.--Within a 
                        reasonable timeframe prior to the first 
                        convening of the individualized 
                        education program team for a child with 
                        a disability for a school year, the 
                        local educational agency that serves 
                        such child shall notify the parent of 
                        such child that such parent may, under 
                        clause (i)(VI), include other 
                        individuals who have knowledge or 
                        special expertise regarding the child, 
                        including related services personnel as 
                        appropriate, as part of the 
                        individualized education program team.
                  (C) IEP team attendance.--
                          (i) Attendance not necessary.--A 
                        member of the IEP Team shall not be 
                        required to attend an IEP meeting, in 
                        whole or in part, if the parent of a 
                        child with a disability and the local 
                        educational agency agree that the 
                        attendance of such member is not 
                        necessary because the member's area of 
                        the curriculum or related services is 
                        not being modified or discussed in the 
                        meeting.
                          (ii) Excusal.--A member of the IEP 
                        Team may be excused from attending an 
                        IEP meeting, in whole or in part, when 
                        the meeting involves a modification to 
                        or discussion of the member's area of 
                        the curriculum or related services, 
                        if--
                                  (I) the parent and the local 
                                educational agency consent to 
                                the excusal; and
                                  (II) the member submits, in 
                                writing to the parent and the 
                                IEP Team, input into the 
                                development of the IEP prior to 
                                the meeting.
                          (iii) Written agreement and consent 
                        required.--A parent's agreement under 
                        clause (i) and consent under clause 
                        (ii) shall be in writing.
                  (D) IEP team transition.--In the case of a 
                child who was previously served under part C, 
                an invitation to the initial IEP meeting shall, 
                at the request of the parent, be sent to the 
                part C service coordinator or other 
                representatives of the part C system to assist 
                with the smooth transition of services.
          (2) Requirement that program be in effect.--
                  (A) In general.--At the beginning of each 
                school year, each local educational agency, 
                State educational agency, or other State 
                agency, as the case may be, shall have in 
                effect, for each child with a disability in the 
                agency's jurisdiction, an individualized 
                education program, as defined in paragraph 
                (1)(A).
                  (B) Program for child aged 3 through 5.--In 
                the case of a child with a disability aged 3 
                through 5 (or, at the discretion of the State 
                educational agency, a 2-year-old child with a 
                disability who will turn age 3 during the 
                school year), the IEP Team shall consider the 
                individualized family service plan that 
                contains the material described in section 636, 
                and that is developed in accordance with this 
                section, and the individualized family service 
                plan may serve as the IEP of the child if using 
                that plan as the IEP is--
                          (i) consistent with State policy; and
                          (ii) agreed to by the agency and the 
                        child's parents.
                  (C) Program for children who transfer school 
                districts.--
                          (i) In general.--
                                  (I) Transfer within the same 
                                state.--In the case of a child 
                                with a disability who transfers 
                                school districts within the 
                                same academic year, who enrolls 
                                in a new school, and who had an 
                                IEP that was in effect in the 
                                same State, the local 
                                educational agency shall 
                                provide such child with a free 
                                appropriate public education, 
                                including services comparable 
                                to those described in the 
                                previously held IEP, in 
                                consultation with the parents 
                                until such time as the local 
                                educational agency adopts the 
                                previously held IEP or 
                                develops, adopts, and 
                                implements a new IEP that is 
                                consistent with Federal and 
                                State law.
                                  (II) Transfer outside 
                                state.--In the case of a child 
                                with a disability who transfers 
                                school districts within the 
                                same academic year, who enrolls 
                                in a new school, and who had an 
                                IEP that was in effect in 
                                another State, the local 
                                educational agency shall 
                                provide such child with a free 
                                appropriate public education, 
                                including services comparable 
                                to those described in the 
                                previously held IEP, in 
                                consultation with the parents 
                                until such time as the local 
                                educational agency conducts an 
                                evaluation pursuant to 
                                subsection (a)(1), if 
                                determined to be necessary by 
                                such agency, and develops a new 
                                IEP, if appropriate, that is 
                                consistent with Federal and 
                                State law.
                          (ii) Transmittal of records.--To 
                        facilitate the transition for a child 
                        described in clause (i)--
                                  (I) the new school in which 
                                the child enrolls shall take 
                                reasonable steps to promptly 
                                obtain the child's records, 
                                including the IEP and 
                                supporting documents and any 
                                other records relating to the 
                                provision of special education 
                                or related services to the 
                                child, from the previous school 
                                in which the child was 
                                enrolled, pursuant to section 
                                99.31(a)(2) of title 34, Code 
                                of Federal Regulations; and
                                  (II) the previous school in 
                                which the child was enrolled 
                                shall take reasonable steps to 
                                promptly respond to such 
                                request from the new school.
          (3) Development of iep.--
                  (A) In general.--In developing each child's 
                IEP, the IEP Team, subject to subparagraph (C), 
                shall consider--
                          (i) the strengths of the child;
                          (ii) the concerns of the parents for 
                        enhancing the education of their child;
                          (iii) the results of the initial 
                        evaluation or most recent evaluation of 
                        the child; and
                          (iv) the academic, developmental, and 
                        functional needs of the child.
                  (B) Consideration of special factors.--The 
                IEP Team shall--
                          (i) in the case of a child whose 
                        behavior impedes the child's learning 
                        or that of others, consider the use of 
                        positive behavioral interventions and 
                        supports, and other strategies, to 
                        address that behavior;
                          (ii) in the case of a child with 
                        limited English proficiency, consider 
                        the language needs of the child as such 
                        needs relate to the child's IEP;
                          (iii) in the case of a child who is 
                        blind or visually impaired, provide for 
                        instruction in Braille and the use of 
                        Braille unless the IEP Team determines, 
                        after an evaluation of the child's 
                        reading and writing skills, needs, and 
                        appropriate reading and writing media 
                        (including an evaluation of the child's 
                        future needs for instruction in Braille 
                        or the use of Braille), that 
                        instruction in Braille or the use of 
                        Braille is not appropriate for the 
                        child;
                          (iv) consider the communication needs 
                        of the child, and in the case of a 
                        child who is deaf or hard of hearing, 
                        consider the child's language and 
                        communication needs, opportunities for 
                        direct communications with peers and 
                        professional personnel in the child's 
                        language and communication mode, 
                        academic level, and full range of 
                        needs, including opportunities for 
                        direct instruction in the child's 
                        language and communication mode; and
                          (v) consider whether the child needs 
                        assistive technology devices and 
                        services.
                  (C) Requirement with respect to regular 
                education teacher.--A regular education teacher 
                of the child, as a member of the IEP Team, 
                shall, to the extent appropriate, participate 
                in the development of the IEP of the child, 
                including the determination of appropriate 
                positive behavioral interventions and supports, 
                and other strategies, and the determination of 
                supplementary aids and services, program 
                modifications, and support for school personnel 
                consistent with paragraph (1)(A)(i)(IV).
                  (D) Agreement.--In making changes to a 
                child's IEP after the annual IEP meeting for a 
                school year, the parent of a child with a 
                disability and the local educational agency may 
                agree not to convene an IEP meeting for the 
                purposes of making such changes, and instead 
                may develop a written document to amend or 
                modify the child's current IEP.
                  (E) Consolidation of iep team meetings.--To 
                the extent possible, the local educational 
                agency shall encourage the consolidation of 
                reevaluation meetings for the child and other 
                IEP Team meetings for the child.
                  (F) Amendments.--Changes to the IEP may be 
                made either by the entire IEP Team or, as 
                provided in subparagraph (D), by amending the 
                IEP rather than by redrafting the entire IEP. 
                Upon request, a parent shall be provided with a 
                revised copy of the IEP with the amendments 
                incorporated.
          (4) Review and revision of iep.--
                  (A) In general.--The local educational agency 
                shall ensure that, subject to subparagraph (B), 
                the IEP Team--
                          (i) reviews the child's IEP 
                        periodically, but not less frequently 
                        than annually, to determine whether the 
                        annual goals for the child are being 
                        achieved; and
                          (ii) revises the IEP as appropriate 
                        to address--
                                  (I) any lack of expected 
                                progress toward the annual 
                                goals and in the general 
                                education curriculum, where 
                                appropriate;
                                  (II) the results of any 
                                reevaluation conducted under 
                                this section;
                                  (III) information about the 
                                child provided to, or by, the 
                                parents, as described in 
                                subsection (c)(1)(B);
                                  (IV) the child's anticipated 
                                needs; or
                                  (V) other matters.
                  (B) Requirement with respect to regular 
                education teacher.--A regular education teacher 
                of the child, as a member of the IEP Team, 
                shall, consistent with paragraph (1)(C), 
                participate in the review and revision of the 
                IEP of the child.
          (5) Multi-year iep demonstration.--
                  (A) Pilot program.--
                          (i) Purpose.--The purpose of this 
                        paragraph is to provide an opportunity 
                        for States to allow parents and local 
                        educational agencies the opportunity 
                        for long-term planning by offering the 
                        option of developing a comprehensive 
                        multi-year IEP, not to exceed 3 years, 
                        that is designed to coincide with the 
                        natural transition points for the 
                        child.
                          (ii) Authorization.--In order to 
                        carry out the purpose of this 
                        paragraph, the Secretary is authorized 
                        to approve not more than 15 proposals 
                        from States to carry out the activity 
                        described in clause (i).
                          (iii) Proposal.--
                                  (I) In general.--A State 
                                desiring to participate in the 
                                program under this paragraph 
                                shall submit a proposal to the 
                                Secretary at such time and in 
                                such manner as the Secretary 
                                may reasonably require.
                                  (II) Content.--The proposal 
                                shall include--
                                          (aa) assurances that 
                                        the development of a 
                                        multi-year IEP under 
                                        this paragraph is 
                                        optional for parents;
                                          (bb) assurances that 
                                        the parent is required 
                                        to provide informed 
                                        consent before a 
                                        comprehensive multi-
                                        year IEP is developed;
                                          (cc) a list of 
                                        required elements for 
                                        each multi-year IEP, 
                                        including--
                                                  (AA) 
                                                measurable 
                                                goals pursuant 
                                                to paragraph 
                                                (1)(A)(i)(II), 
                                                coinciding with 
                                                natural 
                                                transition 
                                                points for the 
                                                child, that 
                                                will enable the 
                                                child to be 
                                                involved in and 
                                                make progress 
                                                in the general 
                                                education 
                                                curriculum and 
                                                that will meet 
                                                the child's 
                                                other needs 
                                                that result 
                                                from the 
                                                child's 
                                                disability; and
                                                  (BB) 
                                                measurable 
                                                annual goals 
                                                for determining 
                                                progress toward 
                                                meeting the 
                                                goals described 
                                                in subitem 
                                                (AA); and
                                          (dd) a description of 
                                        the process for the 
                                        review and revision of 
                                        each multi-year IEP, 
                                        including--
                                                  (AA) a review 
                                                by the IEP Team 
                                                of the child's 
                                                multi-year IEP 
                                                at each of the 
                                                child's natural 
                                                transition 
                                                points;
                                                  (BB) in years 
                                                other than a 
                                                child's natural 
                                                transition 
                                                points, an 
                                                annual review 
                                                of the child's 
                                                IEP to 
                                                determine the 
                                                child's current 
                                                levels of 
                                                progress and 
                                                whether the 
                                                annual goals 
                                                for the child 
                                                are being 
                                                achieved, and a 
                                                requirement to 
                                                amend the IEP, 
                                                as appropriate, 
                                                to enable the 
                                                child to 
                                                continue to 
                                                meet the 
                                                measurable 
                                                goals set out 
                                                in the IEP;
                                                  (CC) if the 
                                                IEP Team 
                                                determines on 
                                                the basis of a 
                                                review that the 
                                                child is not 
                                                making 
                                                sufficient 
                                                progress toward 
                                                the goals 
                                                described in 
                                                the multi-year 
                                                IEP, a 
                                                requirement 
                                                that the local 
                                                educational 
                                                agency shall 
                                                ensure that the 
                                                IEP Team 
                                                carries out a 
                                                more thorough 
                                                review of the 
                                                IEP in 
                                                accordance with 
                                                paragraph (4) 
                                                within 30 
                                                calendar days; 
                                                and
                                                  (DD) at the 
                                                request of the 
                                                parent, a 
                                                requirement 
                                                that the IEP 
                                                Team shall 
                                                conduct a 
                                                review of the 
                                                child's multi-
                                                year IEP rather 
                                                than or 
                                                subsequent to 
                                                an annual 
                                                review.
                  (B) Report.--Beginning 2 years after the date 
                of enactment of the Individuals with 
                Disabilities Education Improvement Act of 2004, 
                the Secretary shall submit an annual report to 
                the Committee on Education and the Workforce of 
                the House of Representatives and the Committee 
                on Health, Education, Labor, and Pensions of 
                the Senate regarding the effectiveness of the 
                program under this paragraph and any specific 
                recommendations for broader implementation of 
                such program, including--
                          (i) reducing--
                                  (I) the paperwork burden on 
                                teachers, principals, 
                                administrators, and related 
                                service providers; and
                                  (II) noninstructional time 
                                spent by teachers in complying 
                                with this part;
                          (ii) enhancing longer-term 
                        educational planning;
                          (iii) improving positive outcomes for 
                        children with disabilities;
                          (iv) promoting collaboration between 
                        IEP Team members; and
                          (v) ensuring satisfaction of family 
                        members.
                  (C) Definition.--In this paragraph, the term 
                ``natural transition points'' means those 
                periods that are close in time to the 
                transition of a child with a disability from 
                preschool to elementary grades, from elementary 
                grades to middle or junior high school grades, 
                from middle or junior high school grades to 
                secondary school grades, and from secondary 
                school grades to post-secondary activities, but 
                in no case a period longer than 3 years.
          (6) Failure to meet transition objectives.--If a 
        participating agency, other than the local educational 
        agency, fails to provide the transition services 
        described in the IEP in accordance with paragraph 
        (1)(A)(i)(VIII), the local educational agency shall 
        reconvene the IEP Team to identify alternative 
        strategies to meet the transition objectives for the 
        child set out in the IEP.
          (7) Children with disabilities in adult prisons.--
                  (A) In general.--The following requirements 
                shall not apply to children with disabilities 
                who are convicted as adults under State law and 
                incarcerated in adult prisons:
                          (i) The requirements contained in 
                        section 612(a)(16) and paragraph 
                        (1)(A)(i)(VI) (relating to 
                        participation of children with 
                        disabilities in general assessments).
                          (ii) The requirements of items (aa) 
                        and (bb) of paragraph (1)(A)(i)(VIII) 
                        (relating to transition planning and 
                        transition services), do not apply with 
                        respect to such children whose 
                        eligibility under this part will end, 
                        because of such children's age, before 
                        such children will be released from 
                        prison.
                  (B) Additional requirement.--If a child with 
                a disability is convicted as an adult under 
                State law and incarcerated in an adult prison, 
                the child's IEP Team may modify the child's IEP 
                or placement notwithstanding the requirements 
                of sections 612(a)(5)(A) and paragraph (1)(A) 
                if the State has demonstrated a bona fide 
                security or compelling penological interest 
                that cannot otherwise be accommodated.
  (e) Educational Placements.--Each local educational agency or 
State educational agency shall ensure that the parents of each 
child with a disability are members of any group that makes 
decisions on the educational placement of their child.
  (f) Alternative Means of Meeting Participation.--When 
conducting IEP team meetings and placement meetings pursuant to 
this section, section 615(e), and section 615(f)(1)(B), and 
carrying out administrative matters under section 615 (such as 
scheduling, exchange of witness lists, and status conferences), 
the parent of a child with a disability and a local educational 
agency may agree to use alternative means of meeting 
participation, such as video conferences and conference calls.

           *       *       *       *       *       *       *


                                  

118th Congress }                                               {   Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                               { 118-252

======================================================================




             THINK DIFFERENTLY ABOUT EDUCATION ACT OF 2023

                                _______
                                

October 25, 2023.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Ms. Foxx, from the Committee on Education and the Workforce, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 4259]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Education and the Workforce, to whom was 
referred the bill (H.R. 4259) to amend the Individuals with 
Disabilities Education Act to require notification with respect 
to individualized education program teams, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Think Differently about Education Act 
of 2023''.

SEC. 2. NOTIFICATION REQUIREMENT FOR IEP TEAMS.

  Section 614(d)(1)(B) of the Individuals with Disabilities Education 
Act (20 U.S.C. 1414(d)(1)(B)) is amended--
          (1) in clause (iv), by redesignating subclauses (I) through 
        (III) as items (aa) through (cc), respectively (and by 
        conforming the margins accordingly);
          (2) by redesignating clauses (i) through (vii) as subclauses 
        (I) through (VII), respectively (and by conforming the margins 
        accordingly);
          (3) in the matter preceding subclause (I), as so 
        redesignated, by striking ``The term'' and inserting the 
        following:
                          ``(i) In general.--The term''; and
          (4) by adding at the end the following:
                          ``(ii) Notification required.--Within a 
                        reasonable timeframe prior to the first 
                        convening of the individualized education 
                        program team for a child with a disability for 
                        a school year, the local educational agency 
                        that serves such child shall notify the parent 
                        of such child that such parent may, under 
                        clause (i)(VI), include other individuals who 
                        have knowledge or special expertise regarding 
                        the child, including related services personnel 
                        as appropriate, as part of the individualized 
                        education program team.''.

                                Purpose

    Since 1975, the Individuals with Disabilities Education Act 
(IDEA) has provided teachers, parents, and schools with the 
tools needed to ensure students in special education receive 
the opportunities they deserve. Specifically, IDEA has provided 
federal funding to states and school districts to assist them 
in providing a free appropriate public education (FAPE) in the 
least restrictive environment (LRE) to students with 
disabilities. H.R. 4259, the Think Differently about Education 
Act of 2023, introduced June 21 by Rep. Marc Molinaro (R-NY), 
builds upon those tools. H.R. 4259 amends IDEA to require local 
educational agencies to notify parents of children with 
disabilities of the right to bring outside experts to IEP team 
meetings. The bill does not affect the existing provision. It 
only requires agencies to provide parents with notice that this 
provision exists.

                            Committee Action


                             117TH CONGRESS

First Session--Hearings

    On March 25, 2021, the Committee's Subcommittee on Early 
Childhood, Elementary, and Secondary Education (ECESE) held a 
hearing on ``Lessons Learned: Charting the Path to Educational 
Equity Post-COVID-19.'' The purpose of the hearing was to 
examine the impact of COVID-19 on vulnerable students, 
particularly students with disabilities. Testifying before the 
Subcommittee were Mrs. Jennifer Dale, Parent, Lake Oswego, 
Oregon; Mr. Alberto M. Carvalho, Superintendent, Miami-Dade 
County Public Schools, Miami, Florida; Mr. Marc Morial, 
President and CEO, National Urban League, New York, New York; 
and Ms. Selene Almazan, Legal Director, Council of Parent 
Attorneys and Advocates, Towson, Maryland.
    On May 6, 2021, the ECESE Subcommittee held a hearing on 
``Addressing the Impact of COVID-19 on Students with 
Disabilities.'' The purpose of the hearing was to examine the 
negative consequences of COVID-19 on students with disabilities 
and to consider strategies to address the loss of services and 
learning. Testifying before the Subcommittee were Mr. Reade 
Bush, Parent, Arlington, Virginia; Mr. Ron Hager, Managing 
Attorney for Education and Employment, National Disability 
Rights Network, Washington D.C.; Dr. Danielle Kovach, Special 
Education Teacher, Tulsa Trail Elementary School, Hopatcong, 
New Jersey; and Ms. Kanike Littleton, Project Director, 
Michigan Alliance for Families, Lansing, Michigan.
    On June 24, 2021, the Committee on Education and Labor held 
a hearing on ``Examining the Policies and Priorities of the 
U.S. Department of Education.'' The purpose of the hearing was 
to review the Fiscal Year 2022 budget priorities of the U.S. 
Department of Education; policies aimed at helping students 
with disabilities were also discussed. Testifying before the 
Committee was The Honorable Miguel Cardona, Secretary, U.S. 
Department of Education, Washington, D.C.

Second Session--Hearings

    On February 16, 2022, the ECESE Subcommittee held a hearing 
on ``Serving All Students: Promoting a Healthier, More 
Supportive School Environment.'' The purpose of the hearing was 
to examine school safety practices, including proposals to fund 
school districts' efforts to create positive school climates, 
including those appropriate for students with disabilities. 
Testifying before the Subcommittee were Mr. Max Eden, Research 
Fellow, American Enterprise Institute, Washington D.C.; Ms. 
Kristen Harper, Vice President for Public Policy and 
Engagement, Child Trends, Bethesda, Maryland; Mr. Guy Stephens, 
Founder and Executive Director, Alliance Against Seclusion and 
Restraint, Solomons, Maryland; and Ms. Morgan Craven, National 
Director of Policy, Advocacy and Community Engagement, 
Intercultural Development Research Association, San Antonio, 
Texas.
    On May 26, 2022, the Committee on Education and Labor held 
a hearing on ``Examining the Policies and Priorities of the 
U.S. Department of Education.'' The purpose of the hearing was 
to review the Fiscal Year 2023 budget priorities of the U.S. 
Department of Education; policies to help students with 
disabilities were also discussed. Testifying before the 
Committee was The Honorable Miguel Cardona, Secretary, U.S. 
Department of Education, Washington, D.C.
    On September 20, 2022, the ECESE Subcommittee held a 
hearing on ``Back to School: Meeting Students' Academic, Social 
and Emotional Needs.'' The purpose of the hearing was to 
examine how states and school districts are meeting the 
academic and mental health needs of students, including 
students with disabilities. Testifying before the Subcommittee 
were Dr. Penny Schwinn, Commissioner, Tennessee Department of 
Education, Nashville, Tennessee; Dr. Aaliyah A. Samuel, 
President and Chief Executive Officer, Collaborative for 
Academic, Social, and Emotional Learning, Chicago, Illinois; 
Dr. Matthew Blomstedt, Commissioner, Nebraska Department of 
Education, Lincoln, Nebraska; and Ms. Phyllis Jordan, Associate 
Director, Future Ed, Georgetown University, Washington, D.C.

                             118TH CONGRESS

First Session--Hearings

    On February 8, 2023, the Committee on Education and the 
Workforce held a hearing on ``American Education in Crisis.'' 
The purpose of the hearing was to examine the state of American 
education, including the need to add transparency and 
accountability, to update the education system to serve the 
needs of students and families, and to protect and restore the 
rights of parents to have a say in their children's education. 
Testifying before the Committee were Ms. Virginia Gentles, 
Director, Education Freedom Center, Independent Women's Forum, 
Arlington, Virginia; Dr. Monty Sullivan, President, Louisiana 
Community and Technical College System, Baton Rouge, Louisiana; 
Mr. Scott Pulsipher, President, Western Governors University, 
Salt Lake City, Utah; and Mr. Jared Polis, Governor, State of 
Colorado, Denver, Colorado.
    On May 16, 2023, the Committee on Education and the 
Workforce held a hearing on ``Examining the Policies and 
Priorities of the U.S. Department of Education.'' The purpose 
of the hearing was to review the Fiscal Year 2024 budget 
priorities of the U.S. Department of Education; policies aimed 
at helping students with disabilities were also discussed. 
Testifying before the Committee was The Honorable Miguel 
Cardona, Secretary, U.S. Department of Education, Washington, 
D.C.

Legislative Action

    On June 21, 2023, Rep. Molinaro introduced H.R. 4259, the 
Think Differently About Education Act of 2023, with Rep. Tony 
Cardenas (D-CA) as an original co-sponsor. The bill was 
referred solely to the Committee on Education and the 
Workforce. On September 14, 2023, the Committee considered H.R. 
4259 in legislative session and adopted an amendment in the 
nature of a substitute offered by Rep. Aaron Bean (R-FL) that 
made a technical change. The Committee did not consider further 
amendments to H.R. 4259. The Committee reported H.R. 4259 
favorably, as amended, to the House of Representatives by a 
recorded vote of 39-0.

                            Committee Views


                              INTRODUCTION

    The Individuals with Disabilities Education Act (IDEA) 
requires school districts to identify children with 
disabilities and provide those children a free appropriate 
public education (FAPE) in the least restrictive 
environment.\1\ FAPE must consist of special education and 
related services that allow children with disabilities to 
access and make progress in the general education curriculum.
---------------------------------------------------------------------------
    \1\Sec. 612(a)(1) and (5).
---------------------------------------------------------------------------
    Under IDEA, the specific services and accommodations to be 
provided to a child with a disability are documented in an 
Individualized Education Program (IEP). The IEP is developed by 
the IEP team, the composition of which is spelled out in the 
statute.\2\ Within the list of IEP team members, the statute 
allows parents to invite ``other individuals who have knowledge 
or special expertise regarding the child, including related 
services personnel as appropriate.''\3\ This language permits 
parents to bring in lawyers or other experts to advocate for 
the child's needs at the IEP team meeting.
---------------------------------------------------------------------------
    \2\Sec. 614(d)(1)(B).
    \3\Sec. 614(d)(1)(B)(vi).
---------------------------------------------------------------------------

    PROTECTING THE RIGHTS OF PARENTS AND CHILDREN WITH DISABILITIES

    IDEA guarantees children with disabilities access to 
education and the related services they need to thrive in the 
classroom. When it works well, the law facilitates healthy 
dialogue between parents, school officials, and outside experts 
within an IEP team to develop an educational plan that meets a 
child's needs and allows him or her to thrive. An example of 
this collaboration is the provision that permits parents to 
invite outside experts to IEP team meetings. Since parents 
often do not have the medical, educational, or legal expertise 
to advocate confidently on behalf of their child, this 
provision provides important protections for the rights of 
parents and their children.
    Unfortunately, IDEA does not always work as intended. 
Sometimes parents of children with disabilities are unaware 
that they have the right to involve outside experts in IEP team 
meetings; as a result, the IEP team may make flawed decisions 
without this expert feedback about a child's needs and parents 
may feel frustrated and confused. H.R. 4259 will address this 
issue: this bill simply ensures that parents are notified 
annually of their right to bring outside experts to IEP team 
meetings. This is consistent with Congressional efforts to 
ensure that parents are empowered with the information they 
need to advocate effectively for their children.

                               CONCLUSION

    IDEA empowers parents to advocate effectively for access to 
FAPE for their children with disabilities. The Think 
Differently about Education Act of 2023 will make that process 
easier for parents by ensuring they receive notice of their 
right to have outside experts advocate on their behalf at IEP 
team meetings. This is why this bill passed unanimously out of 
the Committee on Education and the Workforce. This bill is an 
important part of Congress's efforts to advance parents' rights 
and improve the educational outcomes of children with 
disabilities.

                                Summary

    H.R. 4259 requires local educational agencies to notify the 
parents of children with disabilities before the first meeting 
of the child's Individualized Education Program (IEP) team each 
school year of the parents' right to invite outside experts to 
IEP team meetings.

                       Section-by-Section Summary


Section 1. Short title

           Names the bill as the ``Think Differently 
        About Education Act of 2023''.

Section 2. Notification requirement for IEP teams

           Amends section 614(d)(1)(B) of IDEA to 
        require, within a reasonable timeframe prior to the 
        first meeting of the IEP team for a child with a 
        disability each school year, the local educational 
        agency to notify the parent of the child with a 
        disability of the parent's right to include other 
        individuals who have knowledge or special expertise 
        regarding the child in the IEP team meeting.

                       Explanation of Amendments

    The amendment in the nature of a substitute is explained in 
the body of this report.

              Application of Law to the Legislative Branch

    Section 102(b)3 of Public Law 104-1 requires a description 
of the application of this bill to the legislative branch. H.R. 
4259 amends the notification requirements of the Individuals 
with Disabilities Education Act and therefore does not affect 
the legislative branch.

                       Unfunded Mandate Statement

    Pursuant to Section 423 of the Congressional Budget and 
Impoundment Control Act of 1974, Pub. L. No. 93-344 (as amended 
by Section 101(a)(2) of the Unfunded Mandates Reform Act of 
1995, Pub. L. No. 104-4), the Committee adopts as its own the 
cost estimate prepared by the Director of the Congressional 
Budget Office (CBO) pursuant to section 402 of the 
Congressional Budget and Impoundment Control Act of 1974.

                           Earmark Statement

    H.R. 4259 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI of the Rules of the House of 
Representatives.

                            Roll Call Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee Report to include for 
each record vote on a motion to report the measure or matter 
and on any amendments offered to the measure or matter the 
total number of votes for and against and the names of the 
Members voting for and against.


         Statement of General Performance Goals and Objectives

    In accordance with clause (3)(c) of rule XIII of the Rules 
of the House of Representatives, the goal of H.R. 4259 is to 
require local educational agencies to notify parents of 
children with disabilities of the right to bring outside 
experts to IEP team meetings.

                    Duplication of Federal Programs

    No provision of H.R. 4259 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the committee's oversight findings and recommendations are 
reflected in the body of this report.

            Required Committee Hearing and Related Hearings

    In compliance with clause 3(c)(6) of rule XIII of the Rules 
of the House of Representatives, the following hearings held 
during the 118th Congress were used to develop or consider H.R. 
4259: on February 8, 2023, the Committee on Education and the 
Workforce held a hearing on ``American Education in Crisis'' 
and on May 16, 2023, the Committee on Education and the 
Workforce held a hearing on ``Examining the Policies and 
Priorities of the U.S. Department of Education.''

               New Budget Authority and CBO Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following estimate for H.R. 4259 from the Director of the 
Congressional Budget Office:




    H.R. 4259 would amend the Individuals with Disabilities 
Education Act to require each local education agency to notify 
the parents of a child with a disability that they may include 
individuals with special expertise or knowledge of the child as 
part of the child's individualized education program team. CBO 
estimates that the cost to the Department of Education to 
implement that requirement would be insignificant; any spending 
would be subject to the availability of appropriated funds.
    The CBO staff contact for this estimate is Garrett 
Quenneville. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                        Committee Cost Estimate

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison of the 
costs that would be incurred in carrying out H.R. 4259. 
However, clause 3(d)(2)(B) of that rule provides that this 
requirement does not apply when, as with the present report, 
the committee adopts as its own the cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 402 of the Congressional Budget Act.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

              INDIVIDUALS WITH DISABILITIES EDUCATION ACT




           *       *       *       *       *       *       *
PART B--ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES

           *       *       *       *       *       *       *


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

  (a) Evaluations, Parental Consent, and Reevaluations.--
          (1) Initial evaluations.--
                  (A) In general.--A State educational agency, 
                other State agency, or local educational agency 
                shall conduct a full and individual initial 
                evaluation in accordance with this paragraph 
                and subsection (b), before the initial 
                provision of special education and related 
                services to a child with a disability under 
                this part.
                  (B) Request for initial evaluation.--
                Consistent with subparagraph (D), either a 
                parent of a child, or a State educational 
                agency, other State agency, or local 
                educational agency may initiate a request for 
                an initial evaluation to determine if the child 
                is a child with a disability.
                  (C) Procedures.--
                          (i) In general.--Such initial 
                        evaluation shall consist of 
                        procedures--
                                  (I) to determine whether a 
                                child is a child with a 
                                disability (as defined in 
                                section 602) within 60 days of 
                                receiving parental consent for 
                                the evaluation, or, if the 
                                State establishes a timeframe 
                                within which the evaluation 
                                must be conducted, within such 
                                timeframe; and
                                  (II) to determine the 
                                educational needs of such 
                                child.
                          (ii) Exception.--The relevant 
                        timeframe in clause (i)(I) shall not 
                        apply to a local educational agency 
                        if--
                                  (I) a child enrolls in a 
                                school served by the local 
                                educational agency after the 
                                relevant timeframe in clause 
                                (i)(I) has begun and prior to a 
                                determination by the child's 
                                previous local educational 
                                agency as to whether the child 
                                is a child with a disability 
                                (as defined in section 602), 
                                but only if the subsequent 
                                local educational agency is 
                                making sufficient progress to 
                                ensure a prompt completion of 
                                the evaluation, and the parent 
                                and subsequent local 
                                educational agency agree to a 
                                specific time when the 
                                evaluation will be completed; 
                                or
                                  (II) the parent of a child 
                                repeatedly fails or refuses to 
                                produce the child for the 
                                evaluation.
                  (D) Parental consent.--
                          (i) In general.--
                                  (I) Consent for initial 
                                evaluation.--The agency 
                                proposing to conduct an initial 
                                evaluation to determine if the 
                                child qualifies as a child with 
                                a disability as defined in 
                                section 602 shall obtain 
                                informed consent from the 
                                parent of such child before 
                                conducting the evaluation. 
                                Parental consent for evaluation 
                                shall not be construed as 
                                consent for placement for 
                                receipt of special education 
                                and related services.
                                  (II) Consent for services.--
                                An agency that is responsible 
                                for making a free appropriate 
                                public education available to a 
                                child with a disability under 
                                this part shall seek to obtain 
                                informed consent from the 
                                parent of such child before 
                                providing special education and 
                                related services to the child.
                          (ii) Absence of consent.--
                                  (I) For initial evaluation.--
                                If the parent of such child 
                                does not provide consent for an 
                                initial evaluation under clause 
                                (i)(I), or the parent fails to 
                                respond to a request to provide 
                                the consent, the local 
                                educational agency may pursue 
                                the initial evaluation of the 
                                child by utilizing the 
                                procedures described in section 
                                615, except to the extent 
                                inconsistent with State law 
                                relating to such parental 
                                consent.
                                  (II) For services.--If the 
                                parent of such child refuses to 
                                consent to services under 
                                clause (i)(II), the local 
                                educational agency shall not 
                                provide special education and 
                                related services to the child 
                                by utilizing the procedures 
                                described in section 615.
                                  (III) Effect on agency 
                                obligations.--If the parent of 
                                such child refuses to consent 
                                to the receipt of special 
                                education and related services, 
                                or the parent fails to respond 
                                to a request to provide such 
                                consent--
                                          (aa) the local 
                                        educational agency 
                                        shall not be considered 
                                        to be in violation of 
                                        the requirement to make 
                                        available a free 
                                        appropriate public 
                                        education to the child 
                                        for the failure to 
                                        provide such child with 
                                        the special education 
                                        and related services 
                                        for which the local 
                                        educational agency 
                                        requests such consent; 
                                        and
                                          (bb) the local 
                                        educational agency 
                                        shall not be required 
                                        to convene an IEP 
                                        meeting or develop an 
                                        IEP under this section 
                                        for the child for the 
                                        special education and 
                                        related services for 
                                        which the local 
                                        educational agency 
                                        requests such consent.
                          (iii) Consent for wards of the 
                        state.--
                                  (I) In general.--If the child 
                                is a ward of the State and is 
                                not residing with the child's 
                                parent, the agency shall make 
                                reasonable efforts to obtain 
                                the informed consent from the 
                                parent (as defined in section 
                                602) of the child for an 
                                initial evaluation to determine 
                                whether the child is a child 
                                with a disability.
                                  (II) Exception.--The agency 
                                shall not be required to obtain 
                                informed consent from the 
                                parent of a child for an 
                                initial evaluation to determine 
                                whether the child is a child 
                                with a disability if--
                                          (aa) despite 
                                        reasonable efforts to 
                                        do so, the agency 
                                        cannot discover the 
                                        whereabouts of the 
                                        parent of the child;
                                          (bb) the rights of 
                                        the parents of the 
                                        child have been 
                                        terminated in 
                                        accordance with State 
                                        law; or
                                          (cc) the rights of 
                                        the parent to make 
                                        educational decisions 
                                        have been subrogated by 
                                        a judge in accordance 
                                        with State law and 
                                        consent for an initial 
                                        evaluation has been 
                                        given by an individual 
                                        appointed by the judge 
                                        to represent the child.
                  (E) Rule of construction.--The screening of a 
                student by a teacher or specialist to determine 
                appropriate instructional strategies for 
                curriculum implementation shall not be 
                considered to be an evaluation for eligibility 
                for special education and related services.
          (2) Reevaluations.--
                  (A) In general.--A local educational agency 
                shall ensure that a reevaluation of each child 
                with a disability is conducted in accordance 
                with subsections (b) and (c)--
                          (i) if the local educational agency 
                        determines that the educational or 
                        related services needs, including 
                        improved academic achievement and 
                        functional performance, of the child 
                        warrant a reevaluation; or
                          (ii) if the child's parents or 
                        teacher requests a reevaluation.
                  (B) Limitation.--A reevaluation conducted 
                under subparagraph (A) shall occur--
                          (i) not more frequently than once a 
                        year, unless the parent and the local 
                        educational agency agree otherwise; and
                          (ii) at least once every 3 years, 
                        unless the parent and the local 
                        educational agency agree that a 
                        reevaluation is unnecessary.
  (b) Evaluation Procedures.--
          (1) Notice.--The local educational agency shall 
        provide notice to the parents of a child with a 
        disability, in accordance with subsections (b)(3), 
        (b)(4), and (c) of section 615, that describes any 
        evaluation procedures such agency proposes to conduct.
          (2) Conduct of evaluation.--In conducting the 
        evaluation, the local educational agency shall--
                  (A) use a variety of assessment tools and 
                strategies to gather relevant functional, 
                developmental, and academic information, 
                including information provided by the parent, 
                that may assist in determining--
                          (i) whether the child is a child with 
                        a disability; and
                          (ii) the content of the child's 
                        individualized education program, 
                        including information related to 
                        enabling the child to be involved in 
                        and progress in the general education 
                        curriculum, or, for preschool children, 
                        to participate in appropriate 
                        activities;
                  (B) not use any single measure or assessment 
                as the sole criterion for determining whether a 
                child is a child with a disability or 
                determining an appropriate educational program 
                for the child; and
                  (C) use technically sound instruments that 
                may assess the relative contribution of 
                cognitive and behavioral factors, in addition 
                to physical or developmental factors.
          (3) Additional requirements.--Each local educational 
        agency shall ensure that--
                  (A) assessments and other evaluation 
                materials used to assess a child under this 
                section--
                          (i) are selected and administered so 
                        as not to be discriminatory on a racial 
                        or cultural basis;
                          (ii) are provided and administered in 
                        the language and form most likely to 
                        yield accurate information on what the 
                        child knows and can do academically, 
                        developmentally, and functionally, 
                        unless it is not feasible to so provide 
                        or administer;
                          (iii) are used for purposes for which 
                        the assessments or measures are valid 
                        and reliable;
                          (iv) are administered by trained and 
                        knowledgeable personnel; and
                          (v) are administered in accordance 
                        with any instructions provided by the 
                        producer of such assessments;
                  (B) the child is assessed in all areas of 
                suspected disability;
                  (C) assessment tools and strategies that 
                provide relevant information that directly 
                assists persons in determining the educational 
                needs of the child are provided; and
                  (D) assessments of children with disabilities 
                who transfer from 1 school district to another 
                school district in the same academic year are 
                coordinated with such children's prior and 
                subsequent schools, as necessary and as 
                expeditiously as possible, to ensure prompt 
                completion of full evaluations.
          (4) Determination of eligibility and educational 
        need.--Upon completion of the administration of 
        assessments and other evaluation measures--
                  (A) the determination of whether the child is 
                a child with a disability as defined in section 
                602(3) and the educational needs of the child 
                shall be made by a team of qualified 
                professionals and the parent of the child in 
                accordance with paragraph (5); and
                  (B) a copy of the evaluation report and the 
                documentation of determination of eligibility 
                shall be given to the parent.
          (5) Special rule for eligibility determination.--In 
        making a determination of eligibility under paragraph 
        (4)(A), a child shall not be determined to be a child 
        with a disability if the determinant factor for such 
        determination is--
                  (A) lack of appropriate instruction in 
                reading, including in the essential components 
                of reading instruction (as defined in section 
                1208(3) of the Elementary and Secondary 
                Education Act of 1965, as such section was in 
                effect on the day before the date of enactment 
                of the Every Student Succeeds Act);
                  (B) lack of instruction in math; or
                  (C) limited English proficiency.
          (6) Specific learning disabilities.--
                  (A) In general.--Notwithstanding section 
                607(b), when determining whether a child has a 
                specific learning disability as defined in 
                section 602, a local educational agency shall 
                not be required to take into consideration 
                whether a child has a severe discrepancy 
                between achievement and intellectual ability in 
                oral expression, listening comprehension, 
                written expression, basic reading skill, 
                reading comprehension, mathematical 
                calculation, or mathematical reasoning.
                  (B) Additional authority.--In determining 
                whether a child has a specific learning 
                disability, a local educational agency may use 
                a process that determines if the child responds 
                to scientific, research-based intervention as a 
                part of the evaluation procedures described in 
                paragraphs (2) and (3).
  (c) Additional Requirements For Evaluation and 
Reevaluations.--
          (1) Review of existing evaluation data.--As part of 
        an initial evaluation (if appropriate) and as part of 
        any reevaluation under this section, the IEP Team and 
        other qualified professionals, as appropriate, shall--
                  (A) review existing evaluation data on the 
                child, including--
                          (i) evaluations and information 
                        provided by the parents of the child;
                          (ii) current classroom-based, local, 
                        or State assessments, and classroom-
                        based observations; and
                          (iii) observations by teachers and 
                        related services providers; and
                  (B) on the basis of that review, and input 
                from the child's parents, identify what 
                additional data, if any, are needed to 
                determine--
                          (i) whether the child is a child with 
                        a disability as defined in section 
                        602(3), and the educational needs of 
                        the child, or, in case of a 
                        reevaluation of a child, whether the 
                        child continues to have such a 
                        disability and such educational needs;
                          (ii) the present levels of academic 
                        achievement and related developmental 
                        needs of the child;
                          (iii) whether the child needs special 
                        education and related services, or in 
                        the case of a reevaluation of a child, 
                        whether the child continues to need 
                        special education and related services; 
                        and
                          (iv) whether any additions or 
                        modifications to the special education 
                        and related services are needed to 
                        enable the child to meet the measurable 
                        annual goals set out in the 
                        individualized education program of the 
                        child and to participate, as 
                        appropriate, in the general education 
                        curriculum.
          (2) Source of data.--The local educational agency 
        shall administer such assessments and other evaluation 
        measures as may be needed to produce the data 
        identified by the IEP Team under paragraph (1)(B).
          (3) Parental consent.--Each local educational agency 
        shall obtain informed parental consent, in accordance 
        with subsection (a)(1)(D), prior to conducting any 
        reevaluation of a child with a disability, except that 
        such informed parental consent need not be obtained if 
        the local educational agency can demonstrate that it 
        had taken reasonable measures to obtain such consent 
        and the child's parent has failed to respond.
          (4) Requirements if additional data are not needed.--
        If the IEP Team and other qualified professionals, as 
        appropriate, determine that no additional data are 
        needed to determine whether the child continues to be a 
        child with a disability and to determine the child's 
        educational needs, the local educational agency--
                  (A) shall notify the child's parents of--
                          (i) that determination and the 
                        reasons for the determination; and
                          (ii) the right of such parents to 
                        request an assessment to determine 
                        whether the child continues to be a 
                        child with a disability and to 
                        determine the child's educational 
                        needs; and
                  (B) shall not be required to conduct such an 
                assessment unless requested to by the child's 
                parents.
          (5) Evaluations before change in eligibility.--
                  (A) In general.--Except as provided in 
                subparagraph (B), a local educational agency 
                shall evaluate a child with a disability in 
                accordance with this section before determining 
                that the child is no longer a child with a 
                disability.
                  (B) Exception.--
                          (i) In general.--The evaluation 
                        described in subparagraph (A) shall not 
                        be required before the termination of a 
                        child's eligibility under this part due 
                        to graduation from secondary school 
                        with a regular diploma, or due to 
                        exceeding the age eligibility for a 
                        free appropriate public education under 
                        State law.
                          (ii) Summary of performance.--For a 
                        child whose eligibility under this part 
                        terminates under circumstances 
                        described in clause (i), a local 
                        educational agency shall provide the 
                        child with a summary of the child's 
                        academic achievement and functional 
                        performance, which shall include 
                        recommendations on how to assist the 
                        child in meeting the child's 
                        postsecondary goals.
  (d) Individualized Education Programs.--
          (1) Definitions.--In this title:
                  (A) Individualized education program.--
                          (i) In general.--The term 
                        ``individualized education program'' or 
                        ``IEP'' means a written statement for 
                        each child with a disability that is 
                        developed, reviewed, and revised in 
                        accordance with this section and that 
                        includes--
                                  (I) a statement of the 
                                child's present levels of 
                                academic achievement and 
                                functional performance, 
                                including--
                                          (aa) how the child's 
                                        disability affects the 
                                        child's involvement and 
                                        progress in the general 
                                        education curriculum;
                                          (bb) for preschool 
                                        children, as 
                                        appropriate, how the 
                                        disability affects the 
                                        child's participation 
                                        in appropriate 
                                        activities; and
                                          (cc) for children 
                                        with disabilities who 
                                        take alternate 
                                        assessments aligned to 
                                        alternate achievement 
                                        standards, a 
                                        description of 
                                        benchmarks or short-
                                        term objectives;
                                  (II) a statement of 
                                measurable annual goals, 
                                including academic and 
                                functional goals, designed to--
                                          (aa) meet the child's 
                                        needs that result from 
                                        the child's disability 
                                        to enable the child to 
                                        be involved in and make 
                                        progress in the general 
                                        education curriculum; 
                                        and
                                          (bb) meet each of the 
                                        child's other 
                                        educational needs that 
                                        result from the child's 
                                        disability;
                                  (III) a description of how 
                                the child's progress toward 
                                meeting the annual goals 
                                described in subclause (II) 
                                will be measured and when 
                                periodic reports on the 
                                progress the child is making 
                                toward meeting the annual goals 
                                (such as through the use of 
                                quarterly or other periodic 
                                reports, concurrent with the 
                                issuance of report cards) will 
                                be provided;
                                  (IV) a statement of the 
                                special education and related 
                                services and supplementary aids 
                                and services, based on peer-
                                reviewed research to the extent 
                                practicable, to be provided to 
                                the child, or on behalf of the 
                                child, and a statement of the 
                                program modifications or 
                                supports for school personnel 
                                that will be provided for the 
                                child--
                                          (aa) to advance 
                                        appropriately toward 
                                        attaining the annual 
                                        goals;
                                          (bb) to be involved 
                                        in and make progress in 
                                        the general education 
                                        curriculum in 
                                        accordance with 
                                        subclause (I) and to 
                                        participate in 
                                        extracurricular and 
                                        other nonacademic 
                                        activities; and
                                          (cc) to be educated 
                                        and participate with 
                                        other children with 
                                        disabilities and 
                                        nondisabled children in 
                                        the activities 
                                        described in this 
                                        subparagraph;
                                  (V) an explanation of the 
                                extent, if any, to which the 
                                child will not participate with 
                                nondisabled children in the 
                                regular class and in the 
                                activities described in 
                                subclause (IV)(cc);
                                  (VI)(aa) a statement of any 
                                individual appropriate 
                                accommodations that are 
                                necessary to measure the 
                                academic achievement and 
                                functional performance of the 
                                child on State and districtwide 
                                assessments consistent with 
                                section 612(a)(16)(A); and
                                  (bb) if the IEP Team 
                                determines that the child shall 
                                take an alternate assessment on 
                                a particular State or 
                                districtwide assessment of 
                                student achievement, a 
                                statement of why--
                                          (AA) the child cannot 
                                        participate in the 
                                        regular assessment; and
                                          (BB) the particular 
                                        alternate assessment 
                                        selected is appropriate 
                                        for the child;
                                  (VII) the projected date for 
                                the beginning of the services 
                                and modifications described in 
                                subclause (IV), and the 
                                anticipated frequency, 
                                location, and duration of those 
                                services and modifications; and
                                  (VIII) beginning not later 
                                than the first IEP to be in 
                                effect when the child is 16, 
                                and updated annually 
                                thereafter--
                                          (aa) appropriate 
                                        measurable 
                                        postsecondary goals 
                                        based upon age 
                                        appropriate transition 
                                        assessments related to 
                                        training, education, 
                                        employment, and, where 
                                        appropriate, 
                                        independent living 
                                        skills;
                                          (bb) the transition 
                                        services (including 
                                        courses of study) 
                                        needed to assist the 
                                        child in reaching those 
                                        goals; and
                                          (cc) beginning not 
                                        later than 1 year 
                                        before the child 
                                        reaches the age of 
                                        majority under State 
                                        law, a statement that 
                                        the child has been 
                                        informed of the child's 
                                        rights under this 
                                        title, if any, that 
                                        will transfer to the 
                                        child on reaching the 
                                        age of majority under 
                                        section 615(m).
                          (ii) Rule of construction.--Nothing 
                        in this section shall be construed to 
                        require--
                                  (I) that additional 
                                information be included in a 
                                child's IEP beyond what is 
                                explicitly required in this 
                                section; and
                                  (II) the IEP Team to include 
                                information under 1 component 
                                of a child's IEP that is 
                                already contained under another 
                                component of such IEP.
                  (B) Individualized education program team.--
                [The term]
                          (i) In general._The term  
                        ``individualized education program 
                        team'' or ``IEP Team'' means a group of 
                        individuals composed of--
                                  [(i)] (I) the parents of a 
                                child with a disability;
                                  [(ii)] (II) not less than 1 
                                regular education teacher of 
                                such child (if the child is, or 
                                may be, participating in the 
                                regular education environment);
                                  [(iii)] (III) not less than 1 
                                special education teacher, or 
                                where appropriate, not less 
                                than 1 special education 
                                provider of such child;
                                  [(iv)] (IV) a representative 
                                of the local educational agency 
                                who--
                                          [(I)] (aa) is 
                                        qualified to provide, 
                                        or supervise the 
                                        provision of, specially 
                                        designed instruction to 
                                        meet the unique needs 
                                        of children with 
                                        disabilities;
                                          [(II)] (bb) is 
                                        knowledgeable about the 
                                        general education 
                                        curriculum; and
                                          [(III)] (cc) is 
                                        knowledgeable about the 
                                        availability of 
                                        resources of the local 
                                        educational agency;
                                  [(v)] (V) an individual who 
                                can interpret the instructional 
                                implications of evaluation 
                                results, who may be a member of 
                                the team described in clauses 
                                (ii) through (vi);
                                  [(vi)] (VI) at the discretion 
                                of the parent or the agency, 
                                other individuals who have 
                                knowledge or special expertise 
                                regarding the child, including 
                                related services personnel as 
                                appropriate; and
                                  [(vii)] (VII) whenever 
                                appropriate, the child with a 
                                disability.
                          (ii) Notification required.--Within a 
                        reasonable timeframe prior to the first 
                        convening of the individualized 
                        education program team for a child with 
                        a disability for a school year, the 
                        local educational agency that serves 
                        such child shall notify the parent of 
                        such child that such parent may, under 
                        clause (i)(VI), include other 
                        individuals who have knowledge or 
                        special expertise regarding the child, 
                        including related services personnel as 
                        appropriate, as part of the 
                        individualized education program team.
                  (C) IEP team attendance.--
                          (i) Attendance not necessary.--A 
                        member of the IEP Team shall not be 
                        required to attend an IEP meeting, in 
                        whole or in part, if the parent of a 
                        child with a disability and the local 
                        educational agency agree that the 
                        attendance of such member is not 
                        necessary because the member's area of 
                        the curriculum or related services is 
                        not being modified or discussed in the 
                        meeting.
                          (ii) Excusal.--A member of the IEP 
                        Team may be excused from attending an 
                        IEP meeting, in whole or in part, when 
                        the meeting involves a modification to 
                        or discussion of the member's area of 
                        the curriculum or related services, 
                        if--
                                  (I) the parent and the local 
                                educational agency consent to 
                                the excusal; and
                                  (II) the member submits, in 
                                writing to the parent and the 
                                IEP Team, input into the 
                                development of the IEP prior to 
                                the meeting.
                          (iii) Written agreement and consent 
                        required.--A parent's agreement under 
                        clause (i) and consent under clause 
                        (ii) shall be in writing.
                  (D) IEP team transition.--In the case of a 
                child who was previously served under part C, 
                an invitation to the initial IEP meeting shall, 
                at the request of the parent, be sent to the 
                part C service coordinator or other 
                representatives of the part C system to assist 
                with the smooth transition of services.
          (2) Requirement that program be in effect.--
                  (A) In general.--At the beginning of each 
                school year, each local educational agency, 
                State educational agency, or other State 
                agency, as the case may be, shall have in 
                effect, for each child with a disability in the 
                agency's jurisdiction, an individualized 
                education program, as defined in paragraph 
                (1)(A).
                  (B) Program for child aged 3 through 5.--In 
                the case of a child with a disability aged 3 
                through 5 (or, at the discretion of the State 
                educational agency, a 2-year-old child with a 
                disability who will turn age 3 during the 
                school year), the IEP Team shall consider the 
                individualized family service plan that 
                contains the material described in section 636, 
                and that is developed in accordance with this 
                section, and the individualized family service 
                plan may serve as the IEP of the child if using 
                that plan as the IEP is--
                          (i) consistent with State policy; and
                          (ii) agreed to by the agency and the 
                        child's parents.
                  (C) Program for children who transfer school 
                districts.--
                          (i) In general.--
                                  (I) Transfer within the same 
                                state.--In the case of a child 
                                with a disability who transfers 
                                school districts within the 
                                same academic year, who enrolls 
                                in a new school, and who had an 
                                IEP that was in effect in the 
                                same State, the local 
                                educational agency shall 
                                provide such child with a free 
                                appropriate public education, 
                                including services comparable 
                                to those described in the 
                                previously held IEP, in 
                                consultation with the parents 
                                until such time as the local 
                                educational agency adopts the 
                                previously held IEP or 
                                develops, adopts, and 
                                implements a new IEP that is 
                                consistent with Federal and 
                                State law.
                                  (II) Transfer outside 
                                state.--In the case of a child 
                                with a disability who transfers 
                                school districts within the 
                                same academic year, who enrolls 
                                in a new school, and who had an 
                                IEP that was in effect in 
                                another State, the local 
                                educational agency shall 
                                provide such child with a free 
                                appropriate public education, 
                                including services comparable 
                                to those described in the 
                                previously held IEP, in 
                                consultation with the parents 
                                until such time as the local 
                                educational agency conducts an 
                                evaluation pursuant to 
                                subsection (a)(1), if 
                                determined to be necessary by 
                                such agency, and develops a new 
                                IEP, if appropriate, that is 
                                consistent with Federal and 
                                State law.
                          (ii) Transmittal of records.--To 
                        facilitate the transition for a child 
                        described in clause (i)--
                                  (I) the new school in which 
                                the child enrolls shall take 
                                reasonable steps to promptly 
                                obtain the child's records, 
                                including the IEP and 
                                supporting documents and any 
                                other records relating to the 
                                provision of special education 
                                or related services to the 
                                child, from the previous school 
                                in which the child was 
                                enrolled, pursuant to section 
                                99.31(a)(2) of title 34, Code 
                                of Federal Regulations; and
                                  (II) the previous school in 
                                which the child was enrolled 
                                shall take reasonable steps to 
                                promptly respond to such 
                                request from the new school.
          (3) Development of iep.--
                  (A) In general.--In developing each child's 
                IEP, the IEP Team, subject to subparagraph (C), 
                shall consider--
                          (i) the strengths of the child;
                          (ii) the concerns of the parents for 
                        enhancing the education of their child;
                          (iii) the results of the initial 
                        evaluation or most recent evaluation of 
                        the child; and
                          (iv) the academic, developmental, and 
                        functional needs of the child.
                  (B) Consideration of special factors.--The 
                IEP Team shall--
                          (i) in the case of a child whose 
                        behavior impedes the child's learning 
                        or that of others, consider the use of 
                        positive behavioral interventions and 
                        supports, and other strategies, to 
                        address that behavior;
                          (ii) in the case of a child with 
                        limited English proficiency, consider 
                        the language needs of the child as such 
                        needs relate to the child's IEP;
                          (iii) in the case of a child who is 
                        blind or visually impaired, provide for 
                        instruction in Braille and the use of 
                        Braille unless the IEP Team determines, 
                        after an evaluation of the child's 
                        reading and writing skills, needs, and 
                        appropriate reading and writing media 
                        (including an evaluation of the child's 
                        future needs for instruction in Braille 
                        or the use of Braille), that 
                        instruction in Braille or the use of 
                        Braille is not appropriate for the 
                        child;
                          (iv) consider the communication needs 
                        of the child, and in the case of a 
                        child who is deaf or hard of hearing, 
                        consider the child's language and 
                        communication needs, opportunities for 
                        direct communications with peers and 
                        professional personnel in the child's 
                        language and communication mode, 
                        academic level, and full range of 
                        needs, including opportunities for 
                        direct instruction in the child's 
                        language and communication mode; and
                          (v) consider whether the child needs 
                        assistive technology devices and 
                        services.
                  (C) Requirement with respect to regular 
                education teacher.--A regular education teacher 
                of the child, as a member of the IEP Team, 
                shall, to the extent appropriate, participate 
                in the development of the IEP of the child, 
                including the determination of appropriate 
                positive behavioral interventions and supports, 
                and other strategies, and the determination of 
                supplementary aids and services, program 
                modifications, and support for school personnel 
                consistent with paragraph (1)(A)(i)(IV).
                  (D) Agreement.--In making changes to a 
                child's IEP after the annual IEP meeting for a 
                school year, the parent of a child with a 
                disability and the local educational agency may 
                agree not to convene an IEP meeting for the 
                purposes of making such changes, and instead 
                may develop a written document to amend or 
                modify the child's current IEP.
                  (E) Consolidation of iep team meetings.--To 
                the extent possible, the local educational 
                agency shall encourage the consolidation of 
                reevaluation meetings for the child and other 
                IEP Team meetings for the child.
                  (F) Amendments.--Changes to the IEP may be 
                made either by the entire IEP Team or, as 
                provided in subparagraph (D), by amending the 
                IEP rather than by redrafting the entire IEP. 
                Upon request, a parent shall be provided with a 
                revised copy of the IEP with the amendments 
                incorporated.
          (4) Review and revision of iep.--
                  (A) In general.--The local educational agency 
                shall ensure that, subject to subparagraph (B), 
                the IEP Team--
                          (i) reviews the child's IEP 
                        periodically, but not less frequently 
                        than annually, to determine whether the 
                        annual goals for the child are being 
                        achieved; and
                          (ii) revises the IEP as appropriate 
                        to address--
                                  (I) any lack of expected 
                                progress toward the annual 
                                goals and in the general 
                                education curriculum, where 
                                appropriate;
                                  (II) the results of any 
                                reevaluation conducted under 
                                this section;
                                  (III) information about the 
                                child provided to, or by, the 
                                parents, as described in 
                                subsection (c)(1)(B);
                                  (IV) the child's anticipated 
                                needs; or
                                  (V) other matters.
                  (B) Requirement with respect to regular 
                education teacher.--A regular education teacher 
                of the child, as a member of the IEP Team, 
                shall, consistent with paragraph (1)(C), 
                participate in the review and revision of the 
                IEP of the child.
          (5) Multi-year iep demonstration.--
                  (A) Pilot program.--
                          (i) Purpose.--The purpose of this 
                        paragraph is to provide an opportunity 
                        for States to allow parents and local 
                        educational agencies the opportunity 
                        for long-term planning by offering the 
                        option of developing a comprehensive 
                        multi-year IEP, not to exceed 3 years, 
                        that is designed to coincide with the 
                        natural transition points for the 
                        child.
                          (ii) Authorization.--In order to 
                        carry out the purpose of this 
                        paragraph, the Secretary is authorized 
                        to approve not more than 15 proposals 
                        from States to carry out the activity 
                        described in clause (i).
                          (iii) Proposal.--
                                  (I) In general.--A State 
                                desiring to participate in the 
                                program under this paragraph 
                                shall submit a proposal to the 
                                Secretary at such time and in 
                                such manner as the Secretary 
                                may reasonably require.
                                  (II) Content.--The proposal 
                                shall include--
                                          (aa) assurances that 
                                        the development of a 
                                        multi-year IEP under 
                                        this paragraph is 
                                        optional for parents;
                                          (bb) assurances that 
                                        the parent is required 
                                        to provide informed 
                                        consent before a 
                                        comprehensive multi-
                                        year IEP is developed;
                                          (cc) a list of 
                                        required elements for 
                                        each multi-year IEP, 
                                        including--
                                                  (AA) 
                                                measurable 
                                                goals pursuant 
                                                to paragraph 
                                                (1)(A)(i)(II), 
                                                coinciding with 
                                                natural 
                                                transition 
                                                points for the 
                                                child, that 
                                                will enable the 
                                                child to be 
                                                involved in and 
                                                make progress 
                                                in the general 
                                                education 
                                                curriculum and 
                                                that will meet 
                                                the child's 
                                                other needs 
                                                that result 
                                                from the 
                                                child's 
                                                disability; and
                                                  (BB) 
                                                measurable 
                                                annual goals 
                                                for determining 
                                                progress toward 
                                                meeting the 
                                                goals described 
                                                in subitem 
                                                (AA); and
                                          (dd) a description of 
                                        the process for the 
                                        review and revision of 
                                        each multi-year IEP, 
                                        including--
                                                  (AA) a review 
                                                by the IEP Team 
                                                of the child's 
                                                multi-year IEP 
                                                at each of the 
                                                child's natural 
                                                transition 
                                                points;
                                                  (BB) in years 
                                                other than a 
                                                child's natural 
                                                transition 
                                                points, an 
                                                annual review 
                                                of the child's 
                                                IEP to 
                                                determine the 
                                                child's current 
                                                levels of 
                                                progress and 
                                                whether the 
                                                annual goals 
                                                for the child 
                                                are being 
                                                achieved, and a 
                                                requirement to 
                                                amend the IEP, 
                                                as appropriate, 
                                                to enable the 
                                                child to 
                                                continue to 
                                                meet the 
                                                measurable 
                                                goals set out 
                                                in the IEP;
                                                  (CC) if the 
                                                IEP Team 
                                                determines on 
                                                the basis of a 
                                                review that the 
                                                child is not 
                                                making 
                                                sufficient 
                                                progress toward 
                                                the goals 
                                                described in 
                                                the multi-year 
                                                IEP, a 
                                                requirement 
                                                that the local 
                                                educational 
                                                agency shall 
                                                ensure that the 
                                                IEP Team 
                                                carries out a 
                                                more thorough 
                                                review of the 
                                                IEP in 
                                                accordance with 
                                                paragraph (4) 
                                                within 30 
                                                calendar days; 
                                                and
                                                  (DD) at the 
                                                request of the 
                                                parent, a 
                                                requirement 
                                                that the IEP 
                                                Team shall 
                                                conduct a 
                                                review of the 
                                                child's multi-
                                                year IEP rather 
                                                than or 
                                                subsequent to 
                                                an annual 
                                                review.
                  (B) Report.--Beginning 2 years after the date 
                of enactment of the Individuals with 
                Disabilities Education Improvement Act of 2004, 
                the Secretary shall submit an annual report to 
                the Committee on Education and the Workforce of 
                the House of Representatives and the Committee 
                on Health, Education, Labor, and Pensions of 
                the Senate regarding the effectiveness of the 
                program under this paragraph and any specific 
                recommendations for broader implementation of 
                such program, including--
                          (i) reducing--
                                  (I) the paperwork burden on 
                                teachers, principals, 
                                administrators, and related 
                                service providers; and
                                  (II) noninstructional time 
                                spent by teachers in complying 
                                with this part;
                          (ii) enhancing longer-term 
                        educational planning;
                          (iii) improving positive outcomes for 
                        children with disabilities;
                          (iv) promoting collaboration between 
                        IEP Team members; and
                          (v) ensuring satisfaction of family 
                        members.
                  (C) Definition.--In this paragraph, the term 
                ``natural transition points'' means those 
                periods that are close in time to the 
                transition of a child with a disability from 
                preschool to elementary grades, from elementary 
                grades to middle or junior high school grades, 
                from middle or junior high school grades to 
                secondary school grades, and from secondary 
                school grades to post-secondary activities, but 
                in no case a period longer than 3 years.
          (6) Failure to meet transition objectives.--If a 
        participating agency, other than the local educational 
        agency, fails to provide the transition services 
        described in the IEP in accordance with paragraph 
        (1)(A)(i)(VIII), the local educational agency shall 
        reconvene the IEP Team to identify alternative 
        strategies to meet the transition objectives for the 
        child set out in the IEP.
          (7) Children with disabilities in adult prisons.--
                  (A) In general.--The following requirements 
                shall not apply to children with disabilities 
                who are convicted as adults under State law and 
                incarcerated in adult prisons:
                          (i) The requirements contained in 
                        section 612(a)(16) and paragraph 
                        (1)(A)(i)(VI) (relating to 
                        participation of children with 
                        disabilities in general assessments).
                          (ii) The requirements of items (aa) 
                        and (bb) of paragraph (1)(A)(i)(VIII) 
                        (relating to transition planning and 
                        transition services), do not apply with 
                        respect to such children whose 
                        eligibility under this part will end, 
                        because of such children's age, before 
                        such children will be released from 
                        prison.
                  (B) Additional requirement.--If a child with 
                a disability is convicted as an adult under 
                State law and incarcerated in an adult prison, 
                the child's IEP Team may modify the child's IEP 
                or placement notwithstanding the requirements 
                of sections 612(a)(5)(A) and paragraph (1)(A) 
                if the State has demonstrated a bona fide 
                security or compelling penological interest 
                that cannot otherwise be accommodated.
  (e) Educational Placements.--Each local educational agency or 
State educational agency shall ensure that the parents of each 
child with a disability are members of any group that makes 
decisions on the educational placement of their child.
  (f) Alternative Means of Meeting Participation.--When 
conducting IEP team meetings and placement meetings pursuant to 
this section, section 615(e), and section 615(f)(1)(B), and 
carrying out administrative matters under section 615 (such as 
scheduling, exchange of witness lists, and status conferences), 
the parent of a child with a disability and a local educational 
agency may agree to use alternative means of meeting 
participation, such as video conferences and conference calls.

           *       *       *       *       *       *       *