[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.
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