Individuals with Disabilities Education Improvement Act of 2003 - Title I: Amendments to the Individuals With Disabilities Education Act - (Sec. 101) Amends the Individuals with Disabilities Education Act (IDEA) to revise programs and reauthorize appropriations through FY 2009.
Revises IDEA part A general provisions, including definitions. Eliminates, from assistive technology device and related services, coverage of: (1) surgically implanted medical devices; (2) such devices' post-surgical maintenance, programming, or replacement; and (3) external devices connected with the use of such devices. Allows routine maintenance and monitoring of an external device at the same time the child is receiving IDEA assistance. Allows a State or local educational agency (LEA), with respect to children ages three to nine, to include any subset of that age range for purposes of determinations that an individual is experiencing development delays and needs special education and related services as a child with a disability. Provides definitions of core academic subject, highly qualified teacher, consultative services, and limited English proficient individual to conform with requirements under the Elementary and Secondary Education Act (ESEA), as amended by the No Child Left Behind Act (NCLBA). Includes interpreting services, school health services, and travel training instruction under related services. Includes oral transliteration services, cued language transliteration services, and sign language interpreting services among interpreting services for children who are deaf or hard of hearing.
Sets forth requirements relating to State administration, policies, and rulemaking under IDEA.
Directs the Comptroller General to: (1) review Federal, State, and local requirements relating to the education of children with disabilities to determine which requirements result in excessive paperwork completion burdens for teachers, related services providers, and school administrators; and (2) report to Congress on such review, with strategic proposals for reducing the paperwork burdens on teachers.
Revises IDEA part B assistance for education of all children with disabilities.
Continues the permanent authorization of appropriations for part B programs, including the separate authorization for preschool grants.
Sets forth a formula for determining the maximum amount to be available for awarding grants under part B for any fiscal year, based on the total number of children with disabilities served for school year 2002-2003 multiplied by 40 percent of the national average per pupil expenditure.
Provides allocation formulas for grants to States (with subgrants to LEAs), outlying areas and freely associated States, and the Secretary of the Interior for programs for Indian children. Includes population and poverty components of the specified permanent formula in determining the amount available for States' maximum grants. Provides for continued funding of freely associated States at the FY 2003 level.
Revises the formula for determining the amount States may use for State administration and other State activities. Includes enforcement among required State activities, as well as the currently required monitoring, complaint investigation, and establishment of a mediation system. Requires a portion of State activity funds to be used to support the State protection and advocacy system to advise and assist parents in the areas of dispute resolution and due process, voluntary mediation, and the opportunity to resolve complaints. Lists optional types of State activities, including support and direct services, paperwork reduction, positive behavioral interventions and supports and mental health services, technology, transition programs, meeting of personnel shortages, capacity building, alternate programming for those expelled from school, and the development of appropriate accommodations and alternate assessments for children with disabilities.
Requires States to reserve a specified portion of part B funds to establish a risk pool fund to assist school districts in serving high-need children with disabilities or unanticipated special education costs. Requires placement-neutral policies for settings of high-need students that: (1) do not favor public, nonpublic or out-of-district placements; and (2) provide the services to which children are entitled in a setting that is consistent with their individualized education plan (IEP). Prohibits risk pool funds from being used to pay costs that otherwise are reimbursable as medical assistance for a child with a disability under a State Medicaid program.
Makes State expenditure of administrative funds contingent upon its certification that agreements to establish public agency responsibilities for providing and financing part B services within a State are current. Authorizes LEAs to claim reimbursement from public agencies that fail to provide or pay for the special education and related services they are required to under a State's current system of arrangements for payments for services for children in out-of-State or out-of-LEA residential treatment or special education schools.
Provides that public charter schools that operate as LEAs are entitled to subgrants as LEAs.
Removes certain procedural and reporting requirements for State eligibility. Requires States to provide assurances that they have the appropriate policies and procedures in place to ensure that they have met part B requirements.
Revises personnel standards to direct States to adopt policies that require LEAs to take measurable steps to recruit, hire, and retain highly qualified personnel. Requires all special education teachers in an elementary, middle or secondary school to be highly qualified no later than the end of the 2006-2007 school year. Eliminates a requirement that States develop a comprehensive system of personnel development. Requires State standards governing the qualifications of related service personnel serving children with disabilities to be consistent with any State-approved or State-recognized certification or licensing or other comparable requirement applicable to the specific professional discipline of such personnel. Requires States to ensure that such personnel have not had their certification or licensure requirements waived on an emergency, temporary, or provisional basis. Provides that such provisions shall not: (1) be construed to create a right of action on behalf of an individual student for the failure of a particular SEA or LEA staff person to be highly qualified; or (2) prevent a parent from filing a State complaint regarding staff qualifications with the SEA.
Prohibits States from having funding mechanisms that distribute funds based upon the type of setting in which a child is served. Requires States to revise any such current policies or procedures.
Revises requirements for LEAs to oblige proportional amounts of funds for parentally-placed private school children with disabilities. Requires LEAs to: (1) provide direct services to such children to the extent practicable; (2) provide data on the number of students evaluated, found to have a disability, and served under part B; (3) conduct the child-find process for such children in a time period comparable to that for students attending public schools; (4) not consider the cost of such child-find and individual evaluations in meeting their proportional obligations; and (5) consult with private school officials on the child find process, determination of proportional share of Federal funds, provision of services, alternative delivery mechanisms, and third party providers. Allows private schools to appeal if such consultation does not take place. Makes an LEA responsible for ensuring equitable services for such children at private schools within the LEA's jurisdiction.
Revises requirements for academic achievement and functional performance of children with disabilities to conform IDEA to the State and LEA accountability system established under NCLBA, with school and LEA disaggregation of data to examine the results of children with disabilities and ensure that such subgroup is making adequate yearly progress (AYP) towards reaching proficiency.
Includes provisions relating to AYP among State performance goals and indicators for children with disabilities.
Revises requirements for participation in assessments. Requires alternate assessments to be a part of State and LEA assessment programs and accountability systems. Sets forth additional requirements for developing and administering alternate assessments aligned with the State's academic content and achievement standards, and for developing alternate standards for those children with significant cognitive disabilities. Requires States and LEAs to develop and use universally designed assessments to the extent feasible.
Establishes requirements for accessibility of instructional materials. Directs the Secretary to promulgate an Instructional Materials Accessibility Standard for publishers in preparing electronic files for reproducing print instructional materials in specialized formats for blind and other print-disabled students. Requires SEAs and LEAs to adopt the Instructional Materials Accessibility Standard in a timely manner after it is published in the Federal Register, in order that, within two years after enactment of this Act, any purchase agreement for print instructional materials will require the publisher to apply that standard when providing electronic files for use in reproducing the instructional materials in specialized formats for students with print disabilities.
Establishes the National Instructional Materials Access Center to facilitate collection and dissemination of instructional materials for blind and print-disabled students by: (1) requiring publishers, on or before delivery of the print instructional materials, to provide an electronic file copy to the Center, to be readily available whenever needed; and (2) providing a single point of contact for any entity authorized to have access to the electronic file.
Removes certain procedural and reporting requirements for LEA eligibility. Requires LEAs to provide assurances that they have the appropriate policies and procedures in place to ensure that they have met part B requirements.
Revises local flexibility requirements to allow LEAs to use up to eight percent of Federal funds received under part B as local funds, and up to 25 percent as local funds when full funding (40 percent Federal) is achieved. Requires LEAs to ensure that personnel development activities connected with such expenditure of funds are consistent with IDEA and NCLB personnel requirements.
Includes among allowable uses of part B funds by LEAs: (1) early intervening educational services; (2) administrative case management, including technology to assist personnel in recordkeeping, data collection, and related case management activities.
Revises provisions relating to public charter schools to: (1) authorize LEAs to distribute IDEA funds to charter schools based on relative enrollment and proportional distribution; and (2) direct LEAs to provide supplemental and related services on site at the charter school to the same extent as to other public schools.
Revises provisions regarding early intervening services. Authorizes LEAs to use up to 15 percent of their IDEA funds to develop and implement coordinated, early intervening educational services for students who are not receiving special education services but who require additional academic and behavioral support to succeed in a regular education environment, and who may be likely referrals to special education programs and services at a later time. Includes among such allowable services: (1) professional development for teachers and other school staff to deliver scientifically-based academic and behavioral interventions; (2) providing educational and behavioral evaluations, services, and supports, including scientifically-based literacy instruction; and (3) developing and implementing interagency financing strategies for the provision of those evaluations, services, and supports.
Eliminates provisions for a School-Based Improvement Plan.
Revises provisions for SEA flexibility to authorize those States that pay 80 percent or more of the non-Federal special education costs to treat portions of Federal IDEA funds as general funds to support educational purposes described in NCLB and for other education-related purposes.
Revises requirements for evaluations, eligibility determinations, IEPs, and placements. Provides that a parent, SEA, other State agency, or LEA has a right to request an initial evaluation to determine whether a child qualifies for IDEA services. Requires an LEA to conduct an evaluation and complete an eligibility determination within: (1) 60 days after parental consent is given for the initial evaluation; or (2) the time frame imposed by State law. Provides that an LEA does not violate the FAPE requirement by failing to provide special education and related services to a child with a disability as long as these are refused by the parent. Provides that the LEA does not have to conduct a reevaluation of a child with a disability if both the parent and the LEA agree that it is unnecessary. Includes academic information among the information the LEA is required to gather in the evaluation process of a child.
Revises additional requirements for LEA procedures in selecting and administering tests and other evaluations to determine a child's eligibility under IDEA. Requires tests and evaluations to be provided and administered, to the extent practicable, in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally.
Revises a special rule for eligibility determination to provide that a lack of scientifically based reading instruction cannot be the determinant factor for deciding whether the child is a child with a disability. Allows LEAs to take into account a severe discrepancy between IQ and achievement in determining whether or not a student has a specific learning disability. Allows use of alternative procedures, such as those based on a child's response to scientific, research-based intervention. Requires that all procedures, including alternate ones, be valid and reliable for the purpose for which they are used.
Revises exit evaluation requirements. Provides that a student reevaluation is not required upon leaving secondary school. Requires the LEA to provide a summary of the child's performance to inform the student, the student's family, and any agency, including postsecondary schools, which may provide services to the student upon transition.
Requires individualized education programs (IEPs) to include a statement of the child's present levels of academic achievement and functional performance (currently educational performance). Requires the statement of measurable annual goals to include academic goals and, where appropriate, functional goals.
Eliminates requirements for benchmarks and short-term objectives in IEPs. Requires IEPs to contain descriptions of: (1) how the child's progress toward meeting the annual goals will be measured; and (2) when periodic progress reports will be provided. Requires progress updates to provide parents with specific, meaningful, and understandable information on the progress children are making.
Revises requirements for accommodations and alternate assessments. Provides for testing of some children that includes certain necessary accommodations, an alternate assessment, or an alternate assessment based upon alternative standards for those children with significant cognitive disabilities. Requires a statement of appropriate accommodations to be made for districtwide assessments. Requires the IEP team, if it determines that a child shall take an alternate assessment, to state why the child cannot participate in the regular assessment and why the particular alternate assessment selected is appropriate for that child.
Revises requirements for transition services. Requires IEPs, beginning not later than the first IEP to be in effect when the child is 14, and updated annually thereafter, to contain: (1) appropriate measurable postsecondary goals based upon age appropriate assessments related to training, education, employment, and, where appropriate, independent living skills; and (2) the transition services the child needs to reach those goals.
Provides that nothing in IDEA regarding IEPS shall be construed to require that additional information be included in an IEP beyond what is explicitly required.
Allows a member of the IEP team to be excused from an IEP meeting if: (1) no modifications are being made to that member's area of curriculum or service; or (2) when a relevant modification is made, if the member provides input prior to the meeting. Requires the IEP team member, the parent, and the LEA to agree to the member's being excused. Directs LEAs to encourage consolidation of IEP meetings and reevaluation meetings. Allows parents and LEAs to agree to participate in IEP Team and placement meetings via means such as video conferences and conference calls. Allows parents and LEAs, through the responsible teacher or service provider, to amend or modify the child's current IEP without having to convene an IEP meeting.
Includes the academic, developmental, and functional needs of the child among factors the IEP team must consider in developing a child's IEP.
Requires IEP teams to provide positive behavioral interventions and supports for children with disabilities whose behavior impedes their learning or the learning of others.
Requires an IEP team working with blind or visually impaired students to consider, when appropriate, instructional services related to functional performance skills, orientation and mobility, and skills in the use of assistive technology devices, including low vision devices.
Allows parents and LEAs to develop three-year IEPs for students aged 18 and older, emphasizing interagency coordination with adult programs.
Allows IEP teams for children with degenerative diseases to: (1) consider recommendations from professional consultants familiar with the child and the medical condition in developing IEPs; and (2) include related services designed to provide therapeutic services prior to loss of original abilities to extend current skills and throughout the child's enrollment in school, including appropriate occupational and physical therapy, self-help, mobility, and communication.
Revises procedural safeguards to provide that LEAs, as well as parents, have the right to present complaints. Requires the party filing a due process complaint to send the complaint to the other party, as well as to the State agency. Requires, in the case of a homeless child or youth, the parent's notice to the LEA to contain contact information for the child and the name of the school the child is attending. Prohibits a due process hearing unless the requesting party has filed a complaint that meets specified notice requirements. Requires States to develop a model form to assist parents in filing due process complaint notices and complaints. Requires the school to provide a parent with a prior written notice, when learning of a parent's dispute for the first time in a parent's due process complaint. Requires parents to receive the procedural safeguards notice generally only once a year, but also upon: (1) initial referral or parental request for an evaluation; (2) a parent's registration of a due process complaint; or (3) request by the parent. Allows a parent to elect to receive notices by e-mail if the public agency makes such option available. Requires the procedural safeguards notice to inform parents regarding: (1) the time period in which parents can file complaints; (2) the school district's opportunity to resolve a complaint before a due process hearing; and (3) the time period in which a party can appeal a hearing officer's decision to court.
Provides that: (1) parents may request mediation before filing a complaint; and (2) a written mediation agreement is enforceable in court. Authorizes a State agency to establish procedures to offer parents, as well as schools, that choose not to use the mediation process an opportunity to speak with a disinterested party regarding the benefits of mediation.
Provides for a resolution session to give parents and LEAs an opportunity to resolve the complaint before a due process hearing. Allows a parent to amend their original complaint before a due process hearing occurs, with the written consent of the other party or with the permission of the hearing officer.
Establishes a two-year timeline for requesting a hearing on claims for reimbursed or ongoing compensatory education services, unless there is an applicable State timeline.
Requires hearing officers to make decisions on due process complaints on substantive grounds based upon a determination of whether the child in question received a free appropriate public education (FAPE). Authorizes hearing officers, in matters alleging a procedural violation, to find that a child did not receive a FAPE only if the procedural inadequacies: (1) compromised the child's right to a FAPE; (2) seriously hampered the parents' opportunity to participate in the process; or (3) caused a deprivation of educational benefits.
Allows a parent of a child with a disability to represent the child, without the assistance of an attorney, in civil actions brought under IDEA part B as a result of an appeal from a due process hearing decision.
Provides for a 90-day-period, or the period provided by State law, for a party to appeal a due process hearing decision to State or Federal district court.
Prescribes requirements for administrative and judicial review.
Prohibits the award of attorneys' fees in connection with a resolution session between the parties. Provides that a parent's attorney may be responsible for unreasonably protracting the final resolution of a controversy between the parties and thus trigger the court's reduction of attorneys' fees to the parent.
Sets forth three categories of disciplinary actions that an LEA may take. Establishes a rule under which a school may order a change of placement for a child who violates a student conduct code to an appropriate interim educational setting, another setting, or suspension, for ten consecutive school days or less, to the same extent that it would apply such a discipline measure to a child without a disability, without a manifestation determination. Applies, beyond ten consecutive school days, the same disciplinary procedures as for a child without a disability, as long as the school has determined that the violation in question was not a manifestation of the child's disability. (Allows parental consent to removal of the child for more than ten consecutive school days for disciplinary reasons.) Authorizes a school, in cases involving weapons or drugs, or when a child has committed serious bodily injury, to remove the child from the regular classroom setting for up to 45 school days, regardless of whether the child's behavior was a manifestation of disability. (Allows application of regular disciplinary consequences in addition to the 45-day removal, subject to certain provisions, if the child's behavior is determined not to be a manifestation of the disability.)
Provides that a school need not conduct a manifestation determination before a disciplinary action of ten consecutive school days or less, or prior to a 45-day removal for cases involving weapons, drugs, or serious bodily injury. Requires a school to determine that the child's behavior was a manifestation of disability if it was the result of either: (1) the child's disability; or (2) a failure to implement the IEP or to implement required behavioral interventions. Requires children who are removed from their current placements for more than ten consecutive school days to receive: (1) continued educational services pursuant to the FAPE requirement, so that they can continue to participate in the general curriculum in another setting, and progress toward meeting their IEP goals; (2) the benefit of school-designed actions to address the behavior violation so that it does not recur; (3) behavioral intervention services for children whose behavior impedes learning; and (4) a functional behavioral assessment, if not received before the violation occurred. Directs the IEP team to determine the child's alternative educational setting.
Sets forth circumstances in which a party may request a hearing regarding disciplinary decisions or proposed disciplinary actions. Allows requests for such hearings by: (1) parents who disagree with LEA decisions regarding disciplinary actions, placements, or manifestation determinations, with the hearing officer to determine if the LEA decision is appropriate; and (2) LEAs that believe that maintaining the child's current placement is substantially likely to result in injury to the child or others.
Requires the child, during a parent's appeal, to remain in the interim alternative educational setting chosen by the IEP team pending the hearing officer's decision or until the time period for the disciplinary action expires, whichever occurs first, unless the parent and public agency agree otherwise. Requires the hearing to occur within 20 days of the hearing request. Provides that an LEA will be deemed to know about a child's disability if: (1) the parent has expressed concern in writing; (2) the parent has requested an evaluation; (3) a teacher or other school personnel has expressed concern about a pattern of behavior to either the special education director, or to other administrative personnel; or (4) the child has engaged in a pattern of behavior that should have alerted school personnel that the child may need special education and related services. Provides that an LEA will not be deemed to know that the child has a disability if the child's parent has not agreed to allow an evaluation requested by the LEA.
Revises provisions relating to transfer of parental rights at age of majority to allow a parent of a child with a disability to elect to receive required notices by e-mail communication, if the public agency makes such option available.
Provides for monitoring, technical assistance, and enforcement of part B programs. Directs the Secretary to: (1) monitor IDEA implementation through oversight of States' supervision and a system of performance indicators focused on improving educational results and functional outcomes for all children with disabilities; (2) enforce State compliance in making satisfactory progress toward improving educational results using certain indicators and benchmarks; and (3) require States to monitor and enforce LEA compliance.
Requires the primary focus of Federal and State monitoring activities to be on improving educational results and functional outcomes for all children with disabilities, while ensuring compliance with program requirements, with a particular emphasis on requirements relating to improving educational results for children with disabilities.
Sets the following monitoring priorities: (1) provision of a FAPE in the least restrictive environment; (2) transition services; (3) State exercise of general supervisory authority; and (4) overrepresentation of racial and ethnic groups in special education and related services, to the extent the overrepresentation is the result of inappropriate policies, procedures, and practices. Sets forth requirements for substantive performance indicators for students with disabilities. Requires States to develop State compliance plans in collaboration with the Secretary, including benchmarks to measure continuous progress in the priority areas and a description of strategies the State will use to achieve the benchmarks.
Provides for various enforcement measures in cases of State: (1) lack of satisfactory progress (earmarking funds for technical assistance, withholding a portion of administrative funds, recovery or suspension of funds); (2) substantial noncompliance (corrective action plans, special conditions, compliance agreements, recovery, withholding or suspension of funds and authority to obligate Federal funds, referral to the Department of Justice); and (3) egregious noncompliance (all the actions for substantial noncompliance, plus cease and desist orders and referral to the Inspector General).
Requires SEAs to: (1) monitor and enforce IDEA implementation; (2) establish a system for monitoring the benchmarks in the State's compliance plan; (3) require LEAs to monitor and enforce implementation; and (4) prohibit LEAs from treating IDEA funds as local funds if they are not meeting IDEA requirements.
Directs the Secretary to develop model forms for certain plans and notices, to help LEAs develop their own forms and decrease paperwork burdens.
Revises data collection requirements to require States to: (1) make data available to the public, as well as the Secretary; (2) provide the number and percentage of children in various categories; (3) collect information on the categories of gender and, where appropriate, limited English proficiency status; (4) collect additional information in relation to certain disciplinary actions, due process complaints and hearings, and mediations; and (5) report data so as not to result in the disclosure of data identifiable to individual children.
Continues the part B preschool grants program. Provides among State-level activities for early intervention any services which include an educational component that promotes schools readiness and incorporates pre-literacy, language, and numeracy skills.
Revises IDEA part C (Infants and Toddlers with Disabilities) programs of early identification and intervention. Allows States to opt to create a seamless system for transition of services from birth through school age, including elements of part C and part B.
Includes: (1) sign language and cued language services among early intervention services; and (2) teachers of the deaf, vision specialists, ophthalmologists, and optometrists among qualified personnel who may provide such services. Requires a State's definition of developmental delay to cover all infants and toddlers with a 35 percent or more delay in any single developmental area, or a 25 percent or more delay in two developmental areas. Directs States to develop policies requiring referrals for evaluation, and any appropriate early intervention services, for: (1) all children under age three in substantiated cases of abuse or neglect; and (2) all children who are born and identified as affected by illegal substance abuse, or withdrawal symptoms resulting from prenatal drug exposure.
Sets forth requirements for transition from part C early intervention services to part B preschool services. Requires the Individualized Family Services Plan (IFSP) to include a description of transition services for the child. Makes transition services part of the responsibilities of a service coordinator. Requires steps for exiting from early intervention to be included in transition plans, when applicable. Requires State policies and procedures to include such exiting as a part of ensuring a smooth transition from the part C program.
Allows States to opt to create a seamless system of services for special needs children birth to school age. Allows participating States to commingle part C and part B funds to better serve families with children with special needs. Provides for such seamless system for infants, toddlers, and preschoolers with disabilities in order to give parents the opportunity to continue services with the provider of their choice. Requires the Governor of a participating State to select the agency to administer the birth to school age special needs program. Gives parents in participating States, when their special needs child receiving services under part C reaches the age of exit, the option to waive a FAPE and to remain in the part C program, provided it includes an educational component promoting school readiness and incorporating pre-literacy, language, and numeracy skills. Requires participating States to ensure that: (1) the parents of children who are eligible under part B for preschool services are given annual notice and made fully aware of the differences between the part C program and the part B program; and (2) the system includes referrals for evaluations for early intervention services for children below the age of three who experience exposure to trauma or violence or both. Directs the Secretary to study the effects of the system.
Allows early intervention services to be provided in a setting other than a natural environment only when a specific outcome cannot be met satisfactorily in a natural environment.
Require IFSPs to include: (1) measurable outcomes, including appropriate pre-literacy and language skills; and (2) information on the anticipated length and frequency of services. Provides that only services for which consent was obtained will be provided, when a parent does not provide written consent for all services on an IFSP.
Requires a public agency that initially fails to provide or pay for special education and related services, but is required to do so under a State's current system of arrangements, to meet its financial responsibilities by reimbursing the LEA or SEA that provided or paid for such education and services.
Includes a representative from the State Medicaid agency as a required member of the State Interagency Coordinating Council under part C.
Eliminates a requirement that the Secretary establish a Federal Interagency Coordinating Committee.
Extends through FY 2009 the authorization of appropriations for IDEA part C.
Revises IDEA part D National Activities to Improve Education of Children with Disabilities. Renames and replaces the current subpart 1 State Program Improvement Grants with a program of State Personnel Preparation and Professional Development Grants. Requires the State to: (1) continue, as under current law, to identify and address State and local needs for the preparation of personnel serving children with disabilities; and (2) use all subpart 1 grant funds to recruit, train, and retain highly qualified teachers and other special education personnel.
Requires grants to SEAs under the new program: (1) on a competitive basis, if the remaining funds are less than a specified amount for a fiscal year; and (2) on a formula basis, if such funds are equal to or greater than such amount.
Authorizes the Secretary to give priority in awarding such competitive grants to States that: (1) have the greatest personnel shortages; or (2) demonstrate the greatest difficulty in meeting part B requirements for personnel standards (which include the deadline for having highly qualified special education teachers by the end of the 2006-2007 schoolyear). Directs the Secretary to make certain minimum competitive grants to all States.
Provides for formula grant allotments. Directs the Secretary to make certain minimum allotments for States that received competitive grants.
Directs the Secretary to reserve specified subpart 1 funds for any necessary continuation awards for multiyear grants to SEAs under such replaced program.
Allows SEAs to apply for a subpart 1 grant for a grant period of between one and five years. Requires an SEA, in order to be considered for such a grant, to: (1) establish a professional development partnership (PDP) with LEAs and other State agencies involved in, or concerned with, the education of children with disabilities, including institutions of higher education and the State agencies responsible for administering part C, child care, and vocational rehabilitation programs; (2) work in partnership with other persons and organizations involved in, and concerned with, the education of children with disabilities, which may include specified entities; and (3) include in the partnership any individual, entity, or agency other than the SEA that State law assigns responsibility for teacher preparation and certification, and ensure that such partner carries out any subpart 1 activities within that partner's jurisdiction.
Requires SEA grant applications to include a State personnel preparation and professional development plan with specified elements.
Revises part D subpart 2 requirements for scientifically based research, technical assistance, model demonstration projects, and dissemination of information. Directs the Secretary to develop and implement a comprehensive plan for subpart 2 activities after receiving input from interested individuals with relevant experience. (Current law requires consultation with specified individuals.)
Revises technical assistance and demonstration projects to require such activities to be rooted in scientifically based research. Gives priority to applications that propose to: (1) serve teachers and school personnel directly in the school environment; or (2) strengthen the capacity of States and LEAs to improve instruction practices of personnel serving children with disabilities. Directs the Secretary to support certain activities concerned with, among other things: (1) inappropriate behavior of students; (2) valid and reliable yearly progress assessments; (3) different learning styles of children with disabilities; and (4) effective transition to post-school settings.
Establishes: (1) a beginning special educators program, which adds a fifth-year clinical learning opportunity; and (2) a program to assist general educators (including principals and administrators) in having the skills, knowledge, and leadership training to meet the needs of children with disabilities. Authorizes appropriations for FY 2004 through 2009 for these programs as well as for the leadership preparation program and other programs for personnel development.
Directs the Secretary to delegate to the Director of the Institute of Education Sciences (IES) responsibility for studies and evaluations (including the national assessment) of activities under IDEA (with the exception of the following by the Secretary: (1) an annual summary report to Congress; and (2) a study of the extent to which States adopt policies for statewide systems and the effect of such policies). Requires a national study or studies on alternate assessments and ensuring accountability for students with significant disabilities. Authorizes support for research on: (1) the impact of professional development and educational evaluation programs on student outcomes; (2) economic benefits to special education service delivery through more effective pre-referral services, and (3) teacher recruitment and retention.
Revises part D subpart 3 provisions for supports to improve results for children with disabilities. Directs the Secretary to: (1) make an award to at least one parent training and information center (PTIC) in each State; or (2) in the case of a large State, make awards to multiple PTI centers, but only if the centers demonstrate that coordinated services and supports will occur among them. Requires parent organizations that are PTI centers, and local parent organizations that support community parent resource centers (CPRCs), to have as their mission serving families of children and youth with a full range of disabilities. Authorizes the Secretary to make an award to one parent organization to provide technical assistance for developing, assisting, and coordinating programs carried out by PTICs and CRRCs. Requires such national technical assistance grantee to: (1) establish regional centers selected from PTICs and CPRCs; and (2) with such regional centers, develop collaborative agreements with geographically appropriate Regional Resource Centers.
Revises, and extends through FY 2009 the authorization of appropriations for, provisions for technology development, demonstration, and utilization, and for media services. Directs the Secretary to support video description, open captioning, and closed captioning of television programs, videos, or other materials that are appropriate for use in the classroom setting. Allows such support only when such services: (1) are not provided by the producer or distributor of such materials; or (2) have not been fully funded by other sources. Allows support for news programming only until September 30, 2006.
Directs the Secretary to: (1) promulgate an Instructional Materials Accessibility Standard to be used by publishers in preparing electronic files for States under certain IDEA State eligibility provisions; and (2) establish a National Instructional Materials Access Center to coordinate acquisition and distribution of print instructional materials prepared in such Standard.
Extends through FY 2009 the authorization of appropriations for: (1) subpart 3 programs of PTICs, CPRCs, and technical assistance; and (2) subpart 2 programs of technical assistance, demonstration projects, dissemination of information, and implementation of scientifically based research.
Sets forth requirements for interim alternative educational settings, behavioral supports, and whole school interventions. Authorizes the Secretary to award competitive grants to: (1) establish or expand behavioral supports and whole school behavioral interventions activities; and (2) improve interim alternative educational settings. Authorizes appropriations through FY 2009 for grants to LEAs to train teachers, administrators, and support staff to help behaviorally-challenged students with disabilities to succeed in school. Allows grantee LEAs to partner with other LEAs, community-based organizations with a proven record of helping children with disabilities with behavioral problems, or other mental health providers.
Allows funds to be used for: (1) training personnel in positive behavioral interventions and classroom and student management techniques; (2) early-screening students at-risk for emotional and behavioral difficulties; (3) attracting and retraining high-quality staff in interim alternative educational settings; (4) promoting better coordination between schools, parents, juvenile courts, child welfare, organizations, primary care providers, and mental health providers; (5) reducing the staff-child ratio in interim alternative educational settings; (6) providing counseling service in interim alternative educational settings; and (7) providing behavioral transition services to help students reintegrate into their regular school settings. Requires the Department of Education to maintain a website that: (1) is accessible to parents, teachers, and administrators; and (2) contains information on the best practices and supports available to help address the needs of these children. Requires each grantee organization or consortium to submit an evaluation of the effectiveness of the supported activities.
Title II: Amendments to the Rehabilitation Act of 1973 - (Sec. 201) Amends the Rehabilitation Act of 1973 (RA) to declare that there is a substantial need to improve and expand RA vocational rehabilitation services for students with disabilities.
(Sec. 203) Revises requirements for State plans to require: (1) students with disabilities to be among the groups whose needs are assessed; (2) descriptions of strategies to improve and expand vocational rehabilitation services for students with disabilities, and of the transition services to be provided to them; and (3) assurances that such strategies will be developed and implemented and that designated funds will be used to carry out programs or activities to improve and expand such services.
(Sec. 204) Revises requirements for: (1) transition services for students with disabilities; and (2) consultation and technical assistance to SEAs and LEAs regarding planning for transition of such students to post-school activities.
(Sec. 205) Sets forth requirements for standards and indicators measures of performance regarding transition to post-school activities and achievement of post-school goals of students with disabilities.
(Sec. 206) Requires States, in a transition services expansion year, to reserve from their allotment a specified amount for expanded transition services. Sets forth a formula for calculation of the reserved amount for each State.
Title III: National Center For Special Education Research - (Sec. 301) Amends the Education Sciences Reform Act of 2002 to establish the National Center for Special Education Research.
Requires the Center to: (1) sponsor research to expand knowledge of the needs of children with disabilities and improve IDEA services and implementation; (2) evaluate IDEA implementation and effectiveness; and (3) carry out appropriate research activities. Directs the Center's Commissioner to: (1) ensure that such research activities meet specified standards; and (2) propose to the Director of the Institute of Education Sciences (IES Director) a research plan developed in collaboration with the Assistant Secretary for Special Education and Rehabilitative Services. Authorizes the IES Director to award grants or enter into contracts or cooperative agreements with eligible entities in carrying out Center duties. Requires the Center to: (1) synthesize and disseminate findings and results from research it conducts or supports; and (2) assist the IES Director in preparing the IES biennial report. Authorizes appropriations for FY 2004 through 2009 carry out Center activities.
Directs the Secretary to continue for a specified period awards made under current IDEA provisions for research and innovation to improve services and results for children with disabilities.
Title IV: Commission on Universal Design and the Accessibility of Curriculum and Instructional Materials - (Sec. 401) Establishes a Commission to study, evaluate, and make appropriate recommendations to the Congress and the Secretary on universal design and accessibility of curriculum and instructional materials for use by all children, with particular focus on children with disabilities, in elementary and secondary schools.
Authorizes appropriations for FY 2004 and 2005.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1248 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1248
To reauthorize the Individuals with Disabilities Education Act, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 12, 2003
Mr. Gregg (for himself and Mr. Kennedy) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To reauthorize the Individuals with Disabilities Education Act, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Individuals with Disabilities
Education Improvement Act of 2003''.
TITLE I--AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT
SEC. 101. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION
ACT.
Parts A through D of the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.) are amended to read as follows:
``PART A--GENERAL PROVISIONS
``SEC. 601. SHORT TITLE; TABLE OF CONTENTS; FINDINGS; PURPOSES.
``(a) Short Title.--This Act may be cited as the `Individuals with
Disabilities Education Act'.
``(b) Table of Contents.--The table of contents for this Act is as
follows:
``Part A--General Provisions
``Sec. 601. Short title; table of contents; findings; purposes.
``Sec. 602. Definitions.
``Sec. 603. Office of Special Education Programs.
``Sec. 604. Abrogation of State sovereign immunity.
``Sec. 605. Acquisition of equipment; construction or
alteration of facilities.
``Sec. 606. Employment of individuals with disabilities.
``Sec. 607. Requirements for prescribing regulations.
``Sec. 608. State administration.
``Sec. 609. Report to Congress
``Part B--Assistance for Education of All Children With Disabilities
``Sec. 611. Authorization; allotment; use of funds;
authorization of appropriations.
``Sec. 612. State eligibility.
``Sec. 613. Local educational agency eligibility.
``Sec. 614. Evaluations, eligibility determinations,
individualized education programs, and
educational placements.
``Sec. 615. Procedural safeguards.
``Sec. 616. Monitoring, technical assistance, and enforcement.
``Sec. 617. Administration.
``Sec. 618. Program information.
``Sec. 619. Preschool grants.
``Part C--Infants and Toddlers With Disabilities
``Sec. 631. Findings and policy.
``Sec. 632. Definitions.
``Sec. 633. General authority.
``Sec. 634. Eligibility.
``Sec. 635. Requirements for statewide system.
``Sec. 636. Individualized family service plan.
``Sec. 637. State application and assurances.
``Sec. 638. Uses of funds.
``Sec. 639. Procedural safeguards.
``Sec. 640. Payor of last resort.
``Sec. 641. State Interagency Coordinating Council.
``Sec. 642. Federal administration.
``Sec. 643. Allocation of funds.
``Sec. 644. Authorization of appropriations.
``Part D--National Activities To Improve Education of Children With
Disabilities
``Sec. 650. Findings and purpose.
``Subpart 1--State Personnel Preparation and Professional Development
Grants
``Sec. 651. Purpose; definition; program authority.
``Sec. 652. Eligibility and collaborative process.
``Sec. 653. Applications.
``Sec. 654. Use of funds.
``Sec. 655. Authorization of appropriations.
``Subpart 2--Scientifically Based Research, Technical Assistance, Model
Demonstration Projects, and Dissemination of Information
``Sec. 660. Purpose.
``Sec. 661. Administrative provisions.
``Sec. 662. Research to improve results for children with
disabilities.
``Sec. 663. Technical assistance, demonstration projects,
dissemination of information, and
implementation of scientifically based
research.
``Sec. 664. Personnel development to improve services and
results for children with disabilities.
``Sec. 665. Studies and evaluations.
``Subpart 3--Supports To Improve Results for Children With Disabilities
``Sec. 670. Purposes.
``Sec. 671. Parent training and information centers.
``Sec. 672. Community parent resource centers.
``Sec. 673. Technical assistance for parent training and
information centers.
``Sec. 674. Technology development, demonstration, and
utilization; and media services.
``Sec. 675. Authorization of appropriations.
``Subpart 4--Interim Alternative Educational Settings, Behavioral
Supports, and Whole School Interventions
``Sec. 681. Purpose.
``Sec. 682. Definition of eligible entity.
``Sec. 683. Program authorized.
``Sec. 684. Program evaluations.
``Sec. 685. Authorization of appropriations.
``(c) Findings.--Congress finds the following:
``(1) Disability is a natural part of the human experience
and in no way diminishes the right of individuals to
participate in or contribute to society. Improving educational
results for children with disabilities is an essential element
of our national policy of ensuring equality of opportunity,
full participation, independent living, and economic self-
sufficiency for individuals with disabilities.
``(2) Before the date of the enactment of the Education for
All Handicapped Children Act of 1975 (Public Law 94-142), the
educational needs of millions of children with disabilities
were not being fully met because--
``(A) the children did not receive appropriate
educational services;
``(B) the children were excluded entirely from the
public school system and from being educated with their
peers;
``(C) undiagnosed disabilities prevented the
children from having a successful educational
experience; or
``(D) a lack of adequate resources within the
public school system forced families to find services
outside the public school system.
``(3) Since the enactment and implementation of the
Education for All Handicapped Children Act of 1975, this Act
has been successful in ensuring children with disabilities and
the families of such children access to a free appropriate
public education and in improving educational results for
children with disabilities.
``(4) However, the implementation of this Act has been
impeded by low expectations, and an insufficient focus on
applying replicable research on proven methods of teaching and
learning for children with disabilities.
``(5) Over 25 years of research and experience has
demonstrated that the education of children with disabilities
can be made more effective by--
``(A) having high expectations for such children
and ensuring their access to the general education
curriculum in the regular classroom to the maximum
extent possible in order to--
``(i) meet developmental goals and, to the
maximum extent possible, the challenging
expectations that have been established for all
children; and
``(ii) be prepared to lead productive and
independent adult lives, to the maximum extent
possible;
``(B) strengthening the role and responsibility of
parents and ensuring that families of such children
have meaningful opportunities to participate in the
education of their children at school and at home;
``(C) coordinating this Act with other local,
educational service agency, State, and Federal school
improvement efforts, including improvement efforts
under the Elementary and Secondary Education Act of
2001, in order to ensure that such children benefit
from such efforts and that special education can become
a service for such children rather than a place where
they are sent;
``(D) providing appropriate special education and
related services, and aids and supports in the regular
classroom, to such children, whenever appropriate;
``(E) supporting high-quality, intensive preservice
preparation professional development for all personnel
who work with children with disabilities in order to
ensure that such personnel have the skills and
knowledge necessary to improve the academic achievement
and functional performance of children with
disabilities, including the use of scientifically based
instructional practices, to the maximum extent
possible;
``(F) providing incentives for whole-school
approaches, scientifically based early reading
programs, positive behavioral interventions and
supports, and prereferral intervention to reduce the
need to label children as disabled in order to address
their learning and behavioral needs;
``(G) focusing resources on teaching and learning
while reducing paperwork and requirements that do not
assist in improving educational results; and
``(H) supporting the development and use of
technology, including assistive technology devices and
assistive technology services, to maximize
accessibility for children with disabilities.
``(6) While States, local educational agencies, and
educational service agencies are primarily responsible for
providing an education for all children with disabilities, it
is in the national interest that the Federal Government have a
supporting role in assisting State and local efforts to educate
children with disabilities in order to improve results for such
children and to ensure equal protection of the law.
``(7) A more equitable allocation of resources is essential
for the Federal Government to meet its responsibility to
provide an equal educational opportunity for all individuals.
``(8)(A) The Federal Government must be responsive to the
growing needs of an increasingly more diverse society.
``(B) America's ethnic profile is rapidly changing. In the
year 2000, 1 of every 3 persons in the United States was a
member of a minority group or was limited English proficient.
``(C) Minority children comprise an increasing percentage
of public school students.
``(D) With such changing demographics, recruitment efforts
for special education personnel should focus on increasing the
participation of minorities in the teaching profession.
``(9)(A) The limited English proficient population is the
fastest growing in our Nation, and the growth is occurring in
many parts of our Nation.
``(B) Studies have documented apparent discrepancies in the
levels of referral and placement of limited English proficient
children in special education.
``(C) This poses a special challenge for special education
in the referral of, assessment of, and services for, our
Nation's students from non-English language backgrounds.
``(10)(A) Greater efforts are needed to prevent the
intensification of problems connected with mislabeling and high
dropout rates among minority children with disabilities.
``(B) More minority children continue to be served in
special education than would be expected from the percentage of
minority students in the general school population.
``(C) African-American children are over identified as
having mental retardation and emotional disturbance at rates
greater than their white counterparts.
``(D) In the 1998-1999 school year, African-American
children represented just 14.8 percent of the population aged 6
through 21, but comprised 20.2 percent of all children with
disabilities.
``(E) Studies have found that schools with predominately
Caucasian students and teachers have placed disproportionately
high numbers of their minority students into special education.
``(11)(A) As the number of minority students in special
education increases, the number of minority teachers and
related services personnel produced in colleges and
universities continues to decrease.
``(B) The opportunity for minority individuals,
organizations, and Historically Black Colleges and Universities
to participate fully in awards for grants and contracts, boards
of organizations receiving funds under this Act, and peer
review panels, and in the training of professionals in the area
of special education is essential if we are to obtain greater
success in the education of minority children with
disabilities.
``(d) Purposes.--The purposes of this title are--
``(1)(A) to ensure that all children with disabilities have
available to them a free appropriate public education that
emphasizes special education and related services designed to
meet their unique needs and prepare them for employment,
further education, and independent living;
``(B) to ensure that the rights of children with
disabilities and parents of such children are protected; and
``(C) to assist States, localities, educational service
agencies, and Federal agencies to provide for the education of
all children with disabilities;
``(2) to assist States in the implementation of a
Statewide, comprehensive, coordinated, multidisciplinary,
interagency system of early intervention services for infants
and toddlers with disabilities and their families;
``(3) to ensure that educators and parents have the
necessary tools to improve educational results for children
with disabilities by supporting systemic-change activities;
coordinated research and personnel preparation; coordinated
technical assistance, dissemination, and support; and
technology development and media services; and
``(4) to assess, and ensure the effectiveness of, efforts
to educate children with disabilities.
``SEC. 602. DEFINITIONS.
``Except as otherwise provided, as used in this Act:
``(1) Assistive technology device.--The term `assistive
technology device' means any item, piece of equipment, or
product system, whether acquired commercially off the shelf,
modified, or customized, that is used to increase, maintain, or
improve functional capabilities of a child with a disability.
``(2) Assistive technology service.--The term `assistive
technology service' means any service that directly assists a
child with a disability in the selection, acquisition, or use
of an assistive technology device. Such term includes--
``(A) the evaluation of the needs of such child,
including a functional evaluation of the child in the
child's customary environment;
``(B) purchasing, leasing, or otherwise providing
for the acquisition of assistive technology devices by
such child;
``(C) selecting, designing, fitting, customizing,
adapting, applying, maintaining, repairing, or
replacing of assistive technology devices;
``(D) coordinating and using other therapies,
interventions, or services with assistive technology
devices, such as those associated with existing
education and rehabilitation plans and programs;
``(E) training or technical assistance for such
child, or, where appropriate, the family of such child;
and
``(F) training or technical assistance for
professionals (including individuals providing
education and rehabilitation services), employers, or
other individuals who provide services to, employ, or
are otherwise substantially involved in the major life
functions of such child.
``(3) Child with a disability.--
``(A) In general.--The term `child with a
disability' means a child--
``(i) with mental retardation, hearing
impairments (including deafness), speech or
language impairments, visual impairments
(including blindness), serious emotional
disturbance (hereinafter referred to as
`emotional disturbance'), orthopedic
impairments, autism, traumatic brain injury,
other health impairments, or specific learning
disabilities; and
``(ii) who, by reason thereof, needs
special education and related services.
``(B) Child aged 3 through 9.--The term `child with
a disability' for a child aged 3 through 9 (or any
subset of that age range, including ages 3 through 5),
may, at the discretion of the State and the local
educational agency, include a child--
``(i) experiencing developmental delays, as
defined by the State and as measured by
appropriate diagnostic instruments and
procedures, in 1 or more of the following
areas: physical development, cognitive
development, communication development, social
or emotional development, or adaptive
development; and
``(ii) who, by reason thereof, needs
special education and related services.
``(4) Core academic subject.--The term `core academic
subject' has the meaning given the term in section 9101(11) of
the Elementary and Secondary Education Act of 1965.
``(5) Educational service agency.--The term `educational
service agency'--
``(A) means a regional public multiservice agency--
``(i) authorized by State law to develop,
manage, and provide services or programs to
local educational agencies; and
``(ii) recognized as an administrative
agency for purposes of the provision of special
education and related services provided within public elementary
schools and secondary schools of the State; and
``(B) includes any other public institution or
agency having administrative control and direction over
a public elementary school or secondary school.
``(6) Elementary school.--The term `elementary school'
means a nonprofit institutional day or residential school that
provides elementary education, as determined under State law.
``(7) Equipment.--The term `equipment' includes--
``(A) machinery, utilities, and built-in equipment,
and any necessary enclosures or structures to house
such machinery, utilities, or equipment; and
``(B) all other items necessary for the functioning
of a particular facility as a facility for the
provision of educational services, including items such
as instructional equipment and necessary furniture;
printed, published, and audio-visual instructional
materials; telecommunications, sensory, and other
technological aids and devices; and books, periodicals,
documents, and other related materials.
``(8) Excess costs.--The term `excess costs' means those
costs that are in excess of the average annual per-student
expenditure in a local educational agency during the preceding
school year for an elementary school or secondary school
student, as may be appropriate, and which shall be computed
after deducting--
``(A) amounts received--
``(i) under part B of this title;
``(ii) under part A of title I of the
Elementary and Secondary Education Act of 1965;
and
``(iii) under parts A and B of title III of
that Act; and
``(B) any State or local funds expended for
programs that would qualify for assistance under any of
those parts.
``(9) Free appropriate public education.--The term `free
appropriate public education' means special education and
related services that--
``(A) have been provided at public expense, under
public supervision and direction, and without charge;
``(B) meet the standards of the State educational
agency;
``(C) include an appropriate preschool, elementary
school, or secondary school education in the State
involved; and
``(D) are provided in conformity with the
individualized education program required under section
614(d).
``(10) Highly qualified; consultative services.--
``(A) Highly qualified.--The term `highly
qualified', when used with respect to any special
education teacher teaching in a State, means a teacher
who--
``(i)(I) meets the definition of that term
in section 9101(23) of the Elementary and
Secondary Education Act of 1965, including full
State certification as a special education
teacher through a State approved special
education teacher preparation program
(including certification obtained through State
or local educational agency approved
alternative routes); or
``(II) has passed a State special education
licensing examination and holds a license to
teach special education in such State,
except that when used with respect to any teacher
teaching in a public charter school, the term means
that the teacher meets the requirements set forth in
the State's statute on public charter schools; and
``(ii) does not have certification or
licensure requirements waived on an emergency,
temporary, or provisional basis;
``(iii) if the teacher provides only
consultative services to a regular education
teacher with respect to a core academic
subject, the special education teacher shall
meet the standards for subject knowledge and
teaching skills described in section 9101(23)
of the Elementary and Secondary Education Act
of 1965 that apply to elementary school
teachers; and
``(iv) if the teacher provides instruction
in a core academic subject to middle or
secondary students who are performing at the
elementary level, the teacher shall meet the
standards for subject knowledge and teaching
skills described in section 9101(23) of the
Elementary and Secondary Education Act of 1965
that apply to elementary school teachers.
``(B) Consultative services.--As used in
subparagraph (A)(iii), the term `consultative services'
means--
``(i) consultation on adapting curricula,
using positive behavioral supports and
interventions, and selecting appropriate
accommodations, and does not include direct
instruction of students; or
``(ii) teaching in collaboration with a
regular education teacher or teachers who is or
are highly qualified in the core academic
subjects being taught.
``(11) Indian.--The term `Indian' means an individual who
is a member of an Indian tribe.
``(12) Indian tribe.--The term `Indian tribe' means any
Federal or State Indian tribe, band, rancheria, pueblo, colony,
or community, including any Alaska Native village or regional
village corporation (as defined in or established under the
Alaska Native Claims Settlement Act).
``(13) Individualized education program.--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 section 614(d).
``(14) Individualized family service plan.--The term
`individualized family service plan' has the meaning given such
term in section 636.
``(15) Infant or toddler with a disability.--The term
`infant or toddler with a disability' has the meaning given
such term in section 632.
``(16) Institution of higher education.--The term
`institution of higher education'--
``(A) has the meaning given such term in section
101 (a) and (b) of the Higher Education Act of 1965;
and
``(B) also includes any community college receiving
funding from the Secretary of the Interior under the
Tribally Controlled College or University Assistance
Act of 1978.
``(17) Local educational agency.--
``(A) The term `local educational agency' means a
public board of education or other public authority
legally constituted within a State for either
administrative control or direction of, or to perform a
service function for, public elementary schools or
secondary schools in a city, county, township, school
district, or other political subdivision of a State, or
for such combination of school districts or counties as
are recognized in a State as an administrative agency
for its public elementary schools or secondary schools.
``(B) The term includes--
``(i) an educational service agency, as
defined in paragraph (4); and
``(ii) any other public institution or
agency having administrative control and
direction of a public elementary school or
secondary school.
``(C) The term includes an elementary school or
secondary school funded by the Bureau of Indian
Affairs, but only to the extent that such inclusion
makes the school eligible for programs for which
specific eligibility is not provided to the school in
another provision of law and the school does not have a
student population that is smaller than the student
population of the local educational agency receiving
assistance under this Act with the smallest student
population, except that the school shall not be subject
to the jurisdiction of any State educational agency
other than the Bureau of Indian Affairs.
``(18) Native language.--The term `native language', when
used with respect to an individual of limited English
proficiency, means the language normally used by the
individual, or in the case of a child, the language normally
used by the parents of the child.
``(19) Nonprofit.--The term `nonprofit', as applied to a
school, agency, organization, or institution, means a school,
agency, organization, or institution owned and operated by 1 or
more nonprofit corporations or associations no part of the net
earnings of which inures, or may lawfully inure, to the benefit
of any private shareholder or individual.
``(20) Outlying area.--The term `outlying area' means the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(21) Parent.--The term `parent'--
``(A) includes a legal guardian; and
``(B) except as used in sections 615(b)(2) and
639(a)(5), includes an individual assigned under either
of those sections to be a surrogate parent.
``(22) Parent organization.--The term `parent organization'
has the meaning given such term in section 671(g).
``(23) Parent training and information center.--The term
`parent training and information center' means a center
assisted under section 671 or 672.
``(24) Related services.--The term `related services' means
transportation, and such developmental, corrective, and other
supportive services (including speech-language pathology and
audiology services, psychological services, physical and
occupational therapy, recreation, including therapeutic
recreation, social work services, school health services,
counseling services, including rehabilitation counseling,
orientation and mobility services, and medical services, except
that such medical services shall be for diagnostic and
evaluation purposes only) as may be required to assist a child
with a disability to benefit from special education, and
includes the early identification and assessment of disabling
conditions in children.
``(25) Secondary school.--The term `secondary school' means
a nonprofit institutional day or residential school that
provides secondary education, as determined under State law,
except that it does not include any education beyond grade 12.
``(26) Secretary.--The term `Secretary' means the Secretary
of Education.
``(27) Special education.--The term `special education'
means specially designed instruction, at no cost to parents, to
meet the unique needs of a child with a disability, including--
``(A) instruction conducted in the classroom, in
the home, in hospitals and institutions, and in other
settings; and
``(B) instruction in physical education.
``(28) Specific learning disability.--
``(A) In general.--The term `specific learning
disability' means a disorder in 1 or more of the basic
psychological processes involved in understanding or in
using language, spoken or written, which disorder may
manifest itself in the imperfect ability to listen,
think, speak, read, write, spell, or do mathematical
calculations.
``(B) Disorders included.--Such term includes such
conditions as perceptual disabilities, brain injury,
minimal brain dysfunction, dyslexia, and developmental
aphasia.
``(C) Disorders not included.--Such term does not
include a learning problem that is primarily the result
of visual, hearing, or motor disabilities, of mental
retardation, of emotional disturbance, or of
environmental, cultural, or economic disadvantage.
``(29) State.--The term `State' means each of the 50
States, the District of Columbia, the Commonwealth of Puerto
Rico, and each of the outlying areas.
``(30) State educational agency.--The term `State
educational agency' means the State board of education or other
agency or officer primarily responsible for the State
supervision of public elementary schools and secondary schools,
or, if there is no such officer or agency, an officer or agency
designated by the Governor or by State law.
``(31) Supplementary aids and services.--The term
`supplementary aids and services' means aids, services, and
other supports that are provided in regular education classes or other
education-related settings to enable children with disabilities to be
educated with nondisabled children to the maximum extent appropriate in
accordance with section 612(a)(5).
``(32) Transition services.--The term `transition services'
means a coordinated set of activities for a child with a
disability (as defined in paragraph (3)(A)) that--
``(A) is designed to be within a results-oriented
process, that is focused on improving the academic and
functional achievement of the child with a disability
to facilitate the child's movement from school to post-
school activities, including post-secondary education,
vocational training, integrated employment (including
supported employment), continuing and adult education,
adult services, independent living, or community
participation;
``(B) is based on the individual child's needs,
taking into account the child's capacity, preferences,
and interests; and
``(C) includes instruction, related services,
community experiences, the development of employment
and other post-school adult living objectives, and,
when appropriate, acquisition of daily living skills
and functional vocational evaluation.
``SEC. 603. OFFICE OF SPECIAL EDUCATION PROGRAMS.
``(a) Establishment.--There shall be, within the Office of Special
Education and Rehabilitative Services in the Department of Education,
an Office of Special Education Programs, which shall be the principal
agency in such Department for administering and carrying out this Act
and other programs and activities concerning the education of children
with disabilities.
``(b) Director.--The Office established under subsection (a) shall
be headed by a Director who shall be selected by the Secretary and
shall report directly to the Assistant Secretary for Special Education
and Rehabilitative Services.
``(c) Voluntary and Uncompensated Services.--Notwithstanding
section 1342 of title 31, United States Code, the Secretary is
authorized to accept voluntary and uncompensated services in
furtherance of the purposes of this Act.
``SEC. 604. ABROGATION OF STATE SOVEREIGN IMMUNITY.
``(a) In General.--A State shall not be immune under the 11th
amendment to the Constitution of the United States from suit in Federal
court for a violation of this Act.
``(b) Remedies.--In a suit against a State for a violation of this
Act, remedies (including remedies both at law and in equity) are
available for such a violation to the same extent as those remedies are
available for such a violation in the suit against any public entity
other than a State.
``(c) Effective Date.--Subsections (a) and (b) apply with respect
to violations that occur in whole or part after the date of enactment
of the Education of the Handicapped Act Amendments of 1990.
``SEC. 605. ACQUISITION OF EQUIPMENT; CONSTRUCTION OR ALTERATION OF
FACILITIES.
``(a) In General.--If the Secretary determines that a program
authorized under this Act will be improved by permitting program funds
to be used to acquire appropriate equipment, or to construct new
facilities or alter existing facilities, the Secretary is authorized to
allow the use of those funds for those purposes.
``(b) Compliance With Certain Regulations.--Any construction of new
facilities or alteration of existing facilities under subsection (a)
shall comply with the requirements of--
``(1) appendix A of part 36 of title 28, Code of Federal
Regulations (commonly known as the `Americans with Disabilities
Accessibility Guidelines for Buildings and Facilities'); or
``(2) appendix A of subpart 101-19.6 of title 41, Code of
Federal Regulations (commonly known as the `Uniform Federal
Accessibility Standards').
``SEC. 606. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.
``The Secretary shall ensure that each recipient of assistance
under this Act makes positive efforts to employ and advance in
employment qualified individuals with disabilities in programs assisted
under this Act.
``SEC. 607. REQUIREMENTS FOR PRESCRIBING REGULATIONS.
``(a) In General.--The Secretary may issue such regulations as are
necessary to ensure that there is compliance with this Act.
``(b) Protections Provided to Children.--The Secretary may not
implement, or publish in final form, any regulation prescribed pursuant
to this Act that--
``(1) violates or contradicts any provision of this Act;
and
``(2) procedurally or substantively lessens the protections
provided to children with disabilities under this Act, as
embodied in regulations in effect on July 20, 1983
(particularly as such protections related to parental consent
to initial evaluation or initial placement in special
education, least restrictive environment, related services,
timelines, attendance of evaluation personnel at individualized
education program meetings, or qualifications of personnel),
except to the extent that such regulation reflects the clear
and unequivocal intent of the Congress in legislation.
``(c) Public Comment Period.--The Secretary shall provide a public
comment period of not less than 60 days on any regulation proposed
under part B or part C of this Act on which an opportunity for public
comment is otherwise required by law.
``(d) Policy Letters and Statements.--The Secretary may not issue
policy letters or other statements (including letters or statements
regarding issues of national significance) that--
``(1) violate or contradict any provision of this Act; or
``(2) establish a rule that is required for compliance
with, and eligibility under, this Act without following the
requirements of section 553 of title 5, United States Code.
``(e) Explanation and Assurances.--Any written response by the
Secretary under subsection (d) regarding a policy, question, or
interpretation under part B of this Act shall include an explanation in
the written response that--
``(1) such response is provided as informal guidance and is
not legally binding;
``(2) when required, such response is issued in compliance
with the requirements of section 553 of title 5, United States
Code; and
``(3) such response represents the interpretation by the
Department of Education of the applicable statutory or
regulatory requirements in the context of the specific facts
presented.
``(f) Correspondence From Department of Education Describing
Interpretations of This Act.--
``(1) In general.--The Secretary shall, on a quarterly
basis, publish in the Federal Register, and widely disseminate
to interested entities through various additional forms of
communication, a list of correspondence from the Department of
Education received by individuals during the previous quarter
that describes the interpretations of the Department of
Education of this Act or the regulations implemented pursuant
to this Act.
``(2) Additional information.--For each item of
correspondence published in a list under paragraph (1), the
Secretary shall--
``(A) identify the topic addressed by the
correspondence and shall include such other summary
information as the Secretary determines to be
appropriate; and
``(B) ensure that all such correspondence is
issued, where applicable, in compliance with the
requirements of section 553 of title 5, United States
Code.
``SEC. 608. STATE ADMINISTRATION.
``(a) Rulemaking.--Each State that receives funds under this Act
shall--
``(1) ensure that any State rules, regulations, and
policies relating to this Act conform to the purposes of this
Act; and
``(2) identify in writing to its local educational agencies
and the Secretary any such rule, regulation, or policy as a
State-imposed requirement that is not required by this Act and
Federal regulations.
``(b) Support and Facilitation.--State rules, regulations, and
policies under this Act shall support and facilitate local educational
agency and school-level systemic reform designed to enable children
with disabilities to meet the challenging State student academic
achievement standards.
``SEC. 609. REPORT TO CONGRESS.
``The Comptroller General shall conduct a review of Federal, State,
and local requirements to determine which requirements result in
excessive paperwork completion burdens for teachers, related services
providers, and school administrators, and shall report to Congress not
later than 18 months after the date of enactment of the Individuals
with Disabilities Education Improvement Act of 2003 regarding such
review along with strategic proposals for reducing the paperwork
burdens on teachers.
``PART B--ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES
``SEC. 611. AUTHORIZATION; ALLOTMENT; USE OF FUNDS; AUTHORIZATION OF
APPROPRIATIONS.
``(a) Grants to States.--
``(1) Purpose of grants.--The Secretary shall make grants
to States and the outlying areas, and provide funds to the
Secretary of the Interior, to assist them to provide special
education and related services to children with disabilities in
accordance with this part.
``(2) Maximum amount.--The maximum amount available for
awarding grants under this part for any fiscal year is--
``(A) the total number of children with
disabilities in the 2002-2003 school year in the States
who received special education and related services and
who were--
``(i) aged 3 through 5, if the State was
eligible for a grant under section 619; and
``(ii) aged 6 through 21; multiplied by
``(B) 40 percent of the average per-pupil
expenditure in public elementary schools and secondary
schools in the United States; adjusted by
``(C) the rate of change in the sum of--
``(i) 85 percent of the change in the
nationwide total of the population described in
(d)(3)(A)(i)(II); and
``(ii) 15 percent of the change in the
nationwide total of the population described in
(d)(3)(A)(i)(III).
``(b) Outlying Areas and Freely Associated States.--
``(1) Funds reserved.--From the amount appropriated for any
fiscal year under subsection (i), the Secretary shall reserve
not more than 1 percent, which shall be used--
``(A) to provide assistance to the outlying areas
in accordance with their respective populations of
individuals aged 3 through 21; and
``(B) to provide each of the freely associated
States grants that do not exceed the level each such
freely associated State received for fiscal year 2003
under this part, but only if the freely associated
State meets the requirements of section 611(b)(2)(C) as
such section was in effect on the day before the date
of enactment of the Individuals with Disabilities
Education Improvement Act of 2003.
``(2) Special rule.--The provisions of Public Law 95-134,
permitting the consolidation of grants by the outlying areas,
shall not apply to funds provided to the outlying areas or the
freely associated States under this section.
``(3) Definition.--As used in this subsection, the term
`freely associated States' means the Republic of the Marshall
Islands, the Federated States of Micronesia, and the Republic
of Palau.
``(c) Secretary of the Interior.--From the amount appropriated for
any fiscal year under subsection (i), the Secretary shall reserve 1.226
percent to provide assistance to the Secretary of the Interior in
accordance with subsection (i).
``(d) Allocations to States.--
``(1) In general.--After reserving funds for studies and
evaluations under section 665, and for payments to the outlying
areas, the freely associated States, and the Secretary of the
Interior under subsections (b) and (c) for a fiscal year, the
Secretary shall allocate the remaining amount among the States
in accordance with this subsection.
``(2) Special rule for use of fiscal year 1999 amount.--If
a State received any funds under this section for fiscal year
1999 on the basis of children aged 3 through 5, but does not
make a free appropriate public education available to all
children with disabilities aged 3 through 5 in the State in any
subsequent fiscal year, the Secretary shall compute the State's
amount for fiscal year 1999, solely for the purpose of
calculating the State's allocation in that subsequent year
under paragraph (3) or (4), by subtracting the amount allocated
to the State for fiscal year 1999 on the basis of those children.
``(3) Increase in funds.--If the amount available for
allocations to States under paragraph (1) for a fiscal year is
equal to or greater than the amount allocated to the States
under this paragraph for the preceding fiscal year, those
allocations shall be calculated as follows:
``(A) Allocation of increase.--
``(i) In general.--Except as provided in
subparagraph (B), the Secretary shall allocate
for the fiscal year--
``(I) to each State the amount the
State received under this section for
fiscal year 1999;
``(II) 85 percent of any remaining
funds to States on the basis of the
States' relative populations of
children aged 3 through 21 who are of
the same age as children with
disabilities for whom the State ensures
the availability of a free appropriate
public education under this part; and
``(III) 15 percent of those
remaining funds to States on the basis
of the States' relative populations of
children described in subclause (II)
who are living in poverty.
``(ii) Data.--For the purpose of making
grants under this paragraph, the Secretary
shall use the most recent population data,
including data on children living in poverty,
that are available and satisfactory to the
Secretary.
``(B) Limitations.--Notwithstanding subparagraph
(A), allocations under this paragraph shall be subject
to the following:
``(i) Preceding year allocation.--No
State's allocation shall be less than its
allocation under this section for the preceding
fiscal year.
``(ii) Minimum.--No State's allocation
shall be less than the greatest of--
``(I) the sum of--
``(aa) the amount the State
received under this section for
fiscal year 1999; and
``(bb) \1/3\ of 1 percent
of the amount by which the
amount appropriated under
subsection (i) for the fiscal
year exceeds the amount
appropriated for this section
for fiscal year 1999;
``(II) the sum of--
``(aa) the amount the State
received under this section for
the preceding fiscal year; and
``(bb) that amount
multiplied by the percentage by
which the increase in the funds
appropriated for this section
from the preceding fiscal year
exceeds 1.5 percent; or
``(III) the sum of--
``(aa) the amount the State
received under this section for
the preceding fiscal year; and
``(bb) that amount
multiplied by 90 percent of the
percentage increase in the
amount appropriated for this
section from the preceding
fiscal year.
``(iii) Maximum.--Notwithstanding clause
(ii), no State's allocation under this
paragraph shall exceed the sum of--
``(I) the amount the State received
under this section for the preceding
fiscal year; and
``(II) that amount multiplied by
the sum of 1.5 percent and the
percentage increase in the amount
appropriated under this section from
the preceding fiscal year.
``(C) Ratable reduction.--If the amount available
for allocations under this paragraph is insufficient to
pay those allocations in full, those allocations shall
be ratably reduced, subject to subparagraph (B)(i).
``(4) Decrease in funds.--If the amount available for
allocations to States under paragraph (1) for a fiscal year is
less than the amount allocated to the States under this section
for the preceding fiscal year, those allocations shall be
calculated as follows:
``(A) Amounts greater than fiscal year 1999
allocations.--If the amount available for allocations
is greater than the amount allocated to the States for
fiscal year 1999, each State shall be allocated the sum
of--
``(i) the amount the State received under
this section for fiscal year 1999; and
``(ii) an amount that bears the same
relation to any remaining funds as the increase
the State received under this section for the
preceding fiscal year over fiscal year 1999
bears to the total of all such increases for
all States.
``(B) Amounts equal to or less than fiscal year
1999 allocations.--
``(i) In general.--If the amount available
for allocations under this paragraph is equal
to or less than the amount allocated to the
States for fiscal year 1999, each State shall
be allocated the amount the State received for
fiscal year 1999.
``(ii) Ratable reduction.--If the amount
available for allocations under this paragraph
is insufficient to make the allocations
described in clause (i), those allocations
shall be ratably reduced.
``(e) State-Level Activities.--
``(1) State administration.--
``(A) In general.--For the purpose of administering
this part, including paragraph (3), section 619, and
the coordination of activities under this part with,
and providing technical assistance to, other programs
that provide services to children with disabilities--
``(i) each State may reserve not more than
the maximum amount the State was eligible to
reserve for State administration for fiscal
year 2003 or $800,000 (adjusted by the
cumulative rate of inflation since fiscal year
2003 as measured by the percentage increase, if
any, in the Consumer Price Index For All Urban
Consumers, published by the Bureau of Labor
Statistics of the Department of Labor),
whichever is greater; and
``(ii) each outlying area may reserve not
more than 5 percent of the amount the outlying
area receives under subsection (b) for any
fiscal year or $35,000, whichever is greater.
``(B) Part c.--Funds reserved under subparagraph
(A) may be used for the administration of part C, if
the State educational agency is the lead agency for the
State under that part.
``(C) Certification.--Prior to expenditure of funds
under this paragraph, the State shall certify to the
Secretary that the arrangements to establish
responsibility for services pursuant to section
612(a)(12)(A) are current.
``(2) Other state-level activities.--
``(A) In general.--For the purpose of providing
State-level activities, each State may reserve for each
of the fiscal years 2004 and 2005, not more than 10
percent of the amount that remains after subtracting
the amount reserved under paragraph (1) from the amount
of the State's allocation under subsection (d) for
fiscal years 2004 and 2005, respectively. For fiscal
years 2006, 2007, 2008, and 2009, the State may reserve
the maximum amount the State was eligible to reserve
under the preceding sentence for fiscal year 2005
(adjusted by the cumulative rate of inflation since
fiscal year 2005 as measured by the percentage
increase, if any, in the Consumer Price Index For All
Urban Consumers, published by the Bureau of Labor
Statistics of the Department of Labor).
``(B) Required activities.--Funds reserved under
subparagraph (A) shall be used to carry out the
following activities:
``(i) For monitoring, enforcement and
complaint investigation.
``(ii) To establish and implement the
mediation processes required by section
615(e)(1), including providing for the costs of
mediators and support personnel;
``(iii) To fund the State protection and
advocacy system, or other legal organizations
that have expertise in--
``(I) dispute resolution and due
process;
``(II) efforts to educate families
regarding due process;
``(III) voluntary mediation; and
``(IV) the opportunity to resolve
complaints.
``(C) Authorized activities.--Funds reserved under
subparagraph (A) may be used to carry out the following
activities:
``(i) To provide technical assistance,
personnel development and training.
``(ii) To support paperwork reduction
activities, including expanding the use of
technology in the IEP process.
``(iii) To assist local educational
agencies in providing positive behavioral
interventions and supports and mental health
services for children with disabilities.
``(iv) To improve the use of technology in
the classroom by children with disabilities to
enhance learning.
``(v) To support the development and use of
technology, including universally designed
technologies and assistive technology devices,
to maximize accessibility to the general
curriculum for students with disabilities.
``(vi) Development and implementation of
transition programs, including coordination of
services with agencies involved in supporting
the transition of students with disabilities to
post-secondary activities.
``(vii) To assist local educational
agencies in meeting personnel shortages.
``(viii) To support capacity building
activities and improve the delivery of services
by local educational agencies to improve
results for children with disabilities.
``(ix) Alternative programming for children
who have been expelled from school, and
services for children in correctional
facilities, children enrolled in State-operated
or State-supported schools, and children in
charter schools.
``(x) To support the development and
provision of appropriate accommodations for
children with disabilities, or the development
and provision of alternate assessments that are
valid and reliable for assessing the
performance of children with disabilities, in
accordance with sections 1111(b) and 6111 of
the Elementary and Secondary Education Act of
1965.
``(3) Local educational agency risk pool.--
``(A) In general.--For the purpose of assisting
local educational agencies (and charter schools that
are local educational agencies) in addressing the needs
of high-need children and the unanticipated enrollment
of other children eligible for service under this part,
each State shall reserve for each of the fiscal years
2004 through 2009, 2 percent of the amount that remains
after subtracting the amount reserved under paragraph
(1) from the amount of the State's allocation under
subsection (d) for each of the fiscal years 2004
through 2009, respectively, to--
``(i) establish a high-cost fund; and
``(ii) make disbursements from the high-
cost fund to local educational agencies in
accordance with this paragraph.
``(B) Required disbursements from the fund.--Each
State educational agency shall make disbursements from
the fund established under subparagraph (A) to local
educational agencies to pay the percentage, described
in subparagraph (D), of the costs of providing a free
appropriate public education to high-need children.
``(C) Application.--A local educational agency that
desires a disbursement under this subsection shall
submit an application to the State educational agency
at such time, in such manner, and containing such
information as the State educational agency may require. Such
application shall include assurances that funds provided under this
paragraph shall not be used to pay costs that otherwise would be
reimbursable as medical assistance for a child with a disability under
the State medicaid program under title XIX of the Social Security Act.
``(D) Disbursements.--
``(i) In general.--A State educational
agency shall make a disbursement to a local
educational agency that submits an application
under subparagraph (C) in an amount that is
equal to 75 percent of the costs that are in
excess of 4 times the average per-pupil
expenditure in the United States or in the
State where the child resides (whichever
average per-pupil expenditure is lower)
associated with educating each high need child
served by such local educational agency in a
fiscal year for whom such agency desires a
disbursement.
``(ii) Appropriate costs.--The costs
associated with educating a high need child
under clause (i) are only those costs
associated with providing direct special
education and related services to such child
that are identified in such child's
appropriately developed IEP.
``(E) Legal fees.--The disbursements under
subparagraph (D) shall not support legal fees, court
costs, or other costs associated with a cause of action
brought on behalf of such child to ensure a free
appropriate public education for such child.
``(F) Permissible disbursements from remaining
funds.--A State educational agency may make
disbursements to local educational agencies from any
funds that are remaining in the high cost fund after
making the required disbursements under subparagraph
(D) for a fiscal year for the following purposes:
``(i) To pay the costs associated with
serving children with disabilities who moved
into the areas served by such local agencies
after the budget for the following school year
had been finalized to assist the local
educational agencies in providing a free
appropriate public education for such children
in such year.
``(ii) To compensate local educational
agencies for extraordinary costs, as determined
by the State, of any children eligible for
services under this part due to--
``(I) unexpected enrollment or
placement of children eligible for
services under this part; or
``(II) a significant underestimate
of the average cost of providing
services to children eligible for
services under this part.
``(G) Remaining funds.--Funds reserved under
subparagraph (A) in any fiscal year but not expended in
that fiscal year pursuant to subparagraph (D) or
subparagraph (F) shall--
``(i) be allocated to local educational
agencies pursuant to subparagraphs (D) or (F)
for the next fiscal year; or
``(ii) be allocated to local educational
agencies in the same manner as funds are
allocated to local educational agencies under
subsection (f).
``(H) Assurance of a free appropriate public
education.--Nothing in this section shall be
construed--
``(i) to limit or condition the right of a
child with a disability who is assisted under
this part to receive a free appropriate public
education pursuant to section 612(a)(1) in a
least restrictive environment pursuant to
section 612(a)(5); or
``(ii) to authorize a State educational
agency or local educational agency to indicate
a limit on what is expected to be spent on the
education of a child with a disability.
``(I) Medicaid services not affected.--
Disbursements provided under this subsection shall not
be used to pay costs that otherwise would be
reimbursable as medical assistance for a child with a
disability under the State medicaid program under title
XIX of the Social Security Act.
``(J) Definitions.--In this paragraph:
``(i) Average per-pupil expenditure.--The
term `average per-pupil expenditure' has the
meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965.
``(ii) High-need child.--The term `high-
need', when used with respect to a child with a
disability, means a child with a disability for
whom a free appropriate public education in a
fiscal year costs more than 4 times the average
per-pupil expenditure for such fiscal year.
``(K) Special rule for risk pool and high-need
assistance programs in effect as of january 1, 2003.--
Notwithstanding the provisions of subparagraphs (A)
through (J), a State may use funds reserved pursuant to
this paragraph for administering and implementing a
placement neutral cost-sharing and reimbursement
program of high-need, low-incidence, emergency,
catastrophic, or extraordinary aid to local educational
agencies that provides services to students eligible
under this part based on eligibility criteria for such
programs that were operative on January 1, 2003.
``(4) Inapplicability of certain prohibitions.--A State may
use funds the State reserves under paragraphs (1), (2), and (3)
without regard to--
``(A) the prohibition on commingling of funds in
section 612(a)(17)(B); and
``(B) the prohibition on supplanting other funds in
section 612(a)(17)(C).
``(5) Report on use of funds.--As part of the information
required to be submitted to the Secretary under section 612,
each State shall annually describe how amounts under this
section--
``(A) will be used to meet the requirements of this
Act; and
``(B) will be allocated among the activities
described in this section to meet State priorities
based on input from local educational agencies.
``(f) Subgrants to Local Educational Agencies.--
``(1) Subgrants required.--Each State that receives a grant
under this section for any fiscal year shall distribute any
funds the State does not reserve under subsection (e) to local
educational agencies (including public charter schools that
operate as local educational agencies) in the State that have
established their eligibility under section 613 for use in
accordance with this part.
``(2) Procedure for allocations to local educational
agencies.--
``(A) Procedure.--For each fiscal year for which
funds are allocated to States under subsection (d),
each State shall allocate funds under paragraph (1) as
follows:
``(i) Base payments.--The State shall first
award each local educational agency described
in paragraph (1) the amount the local
educational agency would have received under
this section for fiscal year 1999, if the State
had distributed 75 percent of its grant for
that year under section 611(d) as section
611(d) was then in effect.
``(ii) Allocation of remaining funds.--
After making allocations under clause (i), the
State shall--
``(I) allocate 85 percent of any
remaining funds to those local
educational agencies on the basis of
the relative numbers of children
enrolled in public and private
elementary schools and secondary
schools within the local educational
agency's jurisdiction; and
``(II) allocate 15 percent of those
remaining funds to those local
educational agencies in accordance with
their relative numbers of children
living in poverty, as determined by the
State educational agency.
``(3) Reallocation of funds.--If a State educational agency
determines that a local educational agency is adequately
providing a free appropriate public education to all children
with disabilities residing in the area served by that local
educational agency with State and local funds, the State
educational agency may reallocate any portion of the funds
under this part that are not needed by that local educational
agency to provide a free appropriate public education to other
local educational agencies in the State that are not adequately
providing special education and related services to all
children with disabilities residing in the areas served by
those other local educational agencies.
``(g) Definitions.--For the purpose of this section--
``(1) the term `average per-pupil expenditure in public
elementary schools and secondary schools in the United States'
means--
``(A) without regard to the source of funds--
``(i) the aggregate current expenditures,
during the second fiscal year preceding the
fiscal year for which the determination is made
(or, if satisfactory data for that year are not
available, during the most recent preceding
fiscal year for which satisfactory data are
available) of all local educational agencies in
the 50 States and the District of Columbia;
plus
``(ii) any direct expenditures by the State
for the operation of those local educational
agencies; divided by
``(B) the aggregate number of children in average
daily attendance to whom those local educational
agencies provided free public education during that
preceding year; and
``(2) the term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
``(h) Use of Amounts by Secretary of the Interior.--
``(1) Provision of amounts for assistance.--
``(A) In general.--The Secretary of Education shall
provide amounts to the Secretary of the Interior to
meet the need for assistance for the education of
children with disabilities on reservations aged 5
through 21 who are enrolled in elementary schools and
secondary schools for Indian children operated or
funded by the Secretary of the Interior. The amount of
such payment for any fiscal year shall be equal to 80
percent of the amount allotted under subsection (c) for
that fiscal year.
``(B) Calculation of number of children.--In the
case of Indian students aged 3 through 5 who are
enrolled in programs affiliated with the Bureau of
Indian Affairs (hereafter in this subsection referred
to as `BIA') schools, and that are required by the
States in which such schools are located to attain or
maintain State accreditation, and which schools had
such accreditation prior to the date of enactment of
the Individuals with Disabilities Education Act
Amendments of 1991, the school shall be allowed to
count those children for the purpose of distribution of
the funds provided under this paragraph to the
Secretary of the Interior. The Secretary of the
Interior shall be responsible for meeting all of the
requirements of this part for these children, in
accordance with paragraph (2).
``(C) Additional requirement.--With respect to all
other children aged 3 through 21 on reservations, the
State educational agency shall be responsible for
ensuring that all of the requirements of this part are
implemented.
``(2) Submission of information.--The Secretary of
Education may provide the Secretary of the Interior amounts
under paragraph (1) for a fiscal year only if the Secretary of
the Interior submits to the Secretary of Education information
that--
``(A) demonstrates that the Department of the
Interior meets the appropriate requirements, as
determined by the Secretary of Education, of sections
612 (including monitoring and evaluation activities)
and 613;
``(B) includes a description of how the Secretary
of the Interior will coordinate the provision of
services under this part with local educational
agencies, tribes and tribal organizations, and other
private and Federal service providers;
``(C) includes an assurance that there are public
hearings, adequate notice of such hearings, and an
opportunity for comment afforded to members of tribes,
tribal governing bodies, and affected local school
boards before the adoption of the policies, programs,
and procedures described in subparagraph (A)
``(D) includes an assurance that the Secretary of
the Interior will provide such information as the
Secretary of Education may require to comply with
section 618;
``(E) includes an assurance that the Secretary of
the Interior and the Secretary of Health and Human
Services have entered into a memorandum of agreement,
to be provided to the Secretary of Education, for the
coordination of services, resources, and personnel
between their respective Federal, State, and local
offices and with State and local educational agencies
and other entities to facilitate the provision of
services to Indian children with disabilities residing
on or near reservations (such agreement shall provide
for the apportionment of responsibilities and costs
including, but not limited to, child find, evaluation,
diagnosis, remediation or therapeutic measures, and
(where appropriate) equipment and medical or personal supplies as
needed for a child to remain in school or a program); and
``(F) includes an assurance that the Department of
the Interior will cooperate with the Department of
Education in its exercise of monitoring and oversight
of this application, and any agreements entered into
between the Secretary of the Interior and other
entities under this part, and will fulfill its duties
under this part. Section 616(a) shall apply to the
information described in this paragraph.
``(3) Payments for education and services for indian
children with disabilities aged 3 through 5.--
``(A) In general.--With funds appropriated under
subsection (i), the Secretary of Education shall make
payments to the Secretary of the Interior to be
distributed to tribes or tribal organizations (as
defined under section 4 of the Indian Self-
Determination and Education Assistance Act) or
consortia of the above to provide for the coordination
of assistance for special education and related
services for children with disabilities aged 3 through
5 on reservations served by elementary schools and
secondary schools for Indian children operated or
funded by the Department of the Interior. The amount of
such payments under subparagraph (B) for any fiscal
year shall be equal to 20 percent of the amount
allotted under subsection (c).
``(B) Distribution of funds.--The Secretary of the
Interior shall distribute the total amount of the
payment under subparagraph (A) by allocating to each
tribe or tribal organization an amount based on the
number of children with disabilities ages 3 through 5
residing on reservations as reported annually, divided
by the total of those children served by all tribes or
tribal organizations.
``(C) Submission of information.--To receive a
payment under this paragraph, the tribe or tribal
organization shall submit such figures to the Secretary
of the Interior as required to determine the amounts to
be allocated under subparagraph (B). This information
shall be compiled and submitted to the Secretary of
Education.
``(D) Use of funds.--The funds received by a tribe
or tribal organization shall be used to assist in child
find, screening, and other procedures for the early
identification of children aged 3 through 5, parent
training, and the provision of direct services. These
activities may be carried out directly or through
contracts or cooperative agreements with the BIA, local
educational agencies, and other public or private
nonprofit organizations. The tribe or tribal
organization is encouraged to involve Indian parents in
the development and implementation of these activities.
The above entities shall, as appropriate, make
referrals to local, State, or Federal entities for the
provision of services or further diagnosis.
``(E) Biennial report.--To be eligible to receive a
grant pursuant to subparagraph (A), the tribe or tribal
organization shall provide to the Secretary of the
Interior a biennial report of activities undertaken
under this paragraph, including the number of contracts
and cooperative agreements entered into, the number of
children contacted and receiving services for each
year, and the estimated number of children needing
services during the 2 years following the year in which
the report is made. The Secretary of the Interior shall
include a summary of this information on a biennial
basis in the report to the Secretary of Education
required under this subsection. The Secretary of
Education may require any additional information from
the Secretary of the Interior.
``(F) Prohibitions.--None of the funds allocated
under this paragraph may be used by the Secretary of
the Interior for administrative purposes, including
child count and the provision of technical assistance.
``(4) Plan for coordination of services.--The Secretary of
the Interior shall develop and implement a plan for the
coordination of services for all Indian children with
disabilities residing on reservations covered under this Act.
Such plan shall provide for the coordination of services
benefiting these children from whatever source, including
tribes, the Indian Health Service, other BIA divisions, and
other Federal agencies. In developing the plan, the Secretary
of the Interior shall consult with all interested and involved
parties. The plan shall be based on the needs of the children
and the system best suited for meeting those needs, and may
involve the establishment of cooperative agreements between the
BIA, other Federal agencies, and other entities. The plan shall
also be distributed upon request to States, State and local
educational agencies, and other agencies providing services to
infants, toddlers, and children with disabilities, to tribes,
and to other interested parties.
``(5) Establishment of advisory board.--To meet the
requirements of section 612(a)(20), the Secretary of the
Interior shall establish, under the BIA, an advisory board
composed of individuals involved in or concerned with the
education and provision of services to Indian infants,
toddlers, children, and youth with disabilities, including
Indians with disabilities, Indian parents or guardians of such
children, teachers, service providers, State and local
educational officials, representatives of tribes or tribal
organizations, representatives from State Interagency
Coordinating Councils under section 641 in States having
reservations, and other members representing the various
divisions and entities of the BIA. The chairperson shall be
selected by the Secretary of the Interior. The advisory board
shall--
``(A) assist in the coordination of services within
the BIA and with other local, State, and Federal
agencies in the provision of education for infants,
toddlers, and children with disabilities;
``(B) advise and assist the Secretary of the
Interior in the performance of the Secretary's
responsibilities described in this subsection;
``(C) develop and recommend policies concerning
effective inter- and intra-agency collaboration,
including modifications to regulations, and the
elimination of barriers to inter- and intra-agency
programs and activities;
``(D) provide assistance and disseminate
information on best practices, effective program
coordination strategies, and recommendations for
improved educational programming for Indian infants,
toddlers, and children with disabilities; and
``(E) provide assistance in the preparation of
information required under paragraph (2)(D).
``(6) Annual reports.--
``(A) In general.--The advisory board established
under paragraph (5) shall prepare and submit to the
Secretary of the Interior and to Congress an annual report containing a
description of the activities of the advisory board for the preceding
year.
``(B) Availability.--The Secretary of the Interior
shall make available to the Secretary of Education the
report described in subparagraph (A).
``(i) Authorization of Appropriations.--For the purpose of carrying
out this part, other than section 619, there are authorized to be
appropriated such sums as may be necessary.
``SEC. 612. STATE ELIGIBILITY.
``(a) In General.--A State is eligible for assistance under this
part for a fiscal year if the State submits a plan that provides
assurances to the Secretary that the State has in effect policies and
procedures to ensure that the State meets each of the following
conditions:
``(1) Free appropriate public education.--
``(A) In general.--A free appropriate public
education is available to all children with
disabilities residing in the State between the ages of
3 and 21, inclusive, including children with
disabilities who have been suspended or expelled from
school.
``(B) Limitation.--The obligation to make a free
appropriate public education available to all children
with disabilities does not apply with respect to
children--
``(i) aged 3 through 5 and 18 through 21 in
a State to the extent that its application to
those children would be inconsistent with State
law or practice, or the order of any court,
respecting the provision of public education to
children in those age ranges; and
``(ii) aged 18 through 21 to the extent
that State law does not require that special
education and related services under this part
be provided to children with disabilities who,
in the educational placement prior to their
incarceration in an adult correctional
facility--
``(I) were not actually identified
as being a child with a disability
under section 602(3); or
``(II) did not have an
individualized education program under
this part.
``(2) Full educational opportunity goal.--The State has
established a goal of providing full educational opportunity to
all children with disabilities and a detailed timetable for
accomplishing that goal.
``(3) Child find.--
``(A) In general.--All children with disabilities
residing in the State, including children with
disabilities attending private schools, regardless of
the severity of their disabilities, and who are in need
of special education and related services, are
identified, located, and evaluated and a practical
method is developed and implemented to determine which
children with disabilities are currently receiving
needed special education and related services.
``(B) Construction.--Nothing in this Act requires
that children be classified by their disability so long
as each child who has a disability listed in section
602 and who, by reason of that disability, needs
special education and related services is regarded as a
child with a disability under this part.
``(4) Individualized education program.--An individualized
education program, or an individualized family service plan
that meets the requirements of section 636(d), is developed,
reviewed, and revised for each child with a disability in
accordance with section 614(d).
``(5) Least restrictive environment.--
``(A) In general.--To the maximum extent
appropriate, children with disabilities, including
children in public or private institutions or other
care facilities, are educated with children who are not
disabled, and special classes, separate schooling, or
other removal of children with disabilities from the
regular educational environment occurs only when the
nature or severity of the disability of a child is such
that education in regular classes with the use of
supplementary aids and services cannot be achieved
satisfactorily.
``(B) Additional requirement.--
``(i) In general.--A State funding
mechanism shall not result in placements that
violate the requirements of subparagraph (A),
and a State shall not use a funding mechanism
by which the State distributes funds on the
basis of the type of setting in which a child
is served that will result in the failure to
provide a child with a disability a free
appropriate public education according to the
unique needs of the child as described in the
child's IEP.
``(ii) Assurance.--If the State does not
have policies and procedures to ensure
compliance with clause (i), the State shall
provide the Secretary an assurance that the
State will revise the funding mechanism as soon
as feasible to ensure that such mechanism does
not result in such placements.
``(6) Procedural safeguards.--
``(A) In general.--Children with disabilities and
their parents are afforded the procedural safeguards
required by section 615.
``(B) Additional procedural safeguards.--Procedures
to ensure that testing and evaluation materials and
procedures utilized for the purposes of evaluation and
placement of children with disabilities will be
selected and administered so as not to be racially or
culturally discriminatory. Such materials or procedures
shall be provided and administered in the child's
native language or mode of communication, unless it
clearly is not feasible to do so, and no single
procedure shall be the sole criterion for determining
an appropriate educational program for a child.
``(7) Evaluation.--Children with disabilities are evaluated
in accordance with subsections (a) through (c) of section 614.
``(8) Confidentiality.--Agencies in the State comply with
section 617(c) (relating to the confidentiality of records and
information).
``(9) Transition from part c to preschool programs.--
Children participating in early-intervention programs assisted
under part C, and who will participate in preschool programs
assisted under this part, experience a smooth and effective
transition to those preschool programs in a manner consistent
with section 637(a)(8). By the third birthday of such a child,
an individualized education program or, if consistent with
sections 614(d)(2)(B) and 636(d), an individualized family
service plan, has been developed and is being implemented for
the child. The local educational agency will participate in
transition planning conferences arranged by the designated lead agency
under section 637(a)(8).
``(10) Children in private schools.--
``(A) Children enrolled in private schools by their
parents.--
``(i) In general.--To the extent consistent
with the number and location of children with
disabilities in the State who are enrolled by
their parents in private elementary schools and
secondary schools in the school district served
by a local educational agency, provision is
made for the participation of those children in
the program assisted or carried out under this
part by providing for such children special
education and related services in accordance
with the following requirements, unless the
Secretary has arranged for services to those
children under subsection (f):
``(I) Amounts to be expended for
the provision of those services
(including direct services to
parentally placed children) by the
local educational agency shall be equal
to a proportionate amount of Federal
funds made available under this part.
``(II) Such services may be
provided to children with disabilities
on the premises of private, including
religious, schools, to the extent
consistent with law.
``(III) Each local educational
agency shall maintain in its records
and provide to the State educational
agency the number of children evaluated
under this paragraph, the number of
children determined to be a child with
a disability, and the number of
children served under this subsection.
``(ii) Child-find requirement.--
``(I) In general.--The requirements
of paragraph (3) of this subsection
(relating to child find) shall apply
with respect to children with
disabilities in the State who are
enrolled in private, including
religious, elementary schools and
secondary schools. Such child find
process shall be conducted in a
comparable time period as for other
students attending public schools in
the local educational agency.
``(II) Equitable participation.--
The child find process shall be
designed to ensure the equitable
participation of parentally placed
private school children and an accurate
count of such children.
``(III) Activities.--In carrying
out this clause, the local educational
agency, or where applicable, the State
educational agency, shall undertake
activities similar to those activities
undertaken for its public school
children.
``(IV) Cost.--The cost of carrying
out this clause, including individual
evaluations, may not be considered in
determining whether a local education
agency has met its obligations under
clause (i).
``(V) Completion period.--Such
child find process shall be completed
in a time period comparable to that for
other students attending public schools
served by the local educational agency.
``(iii) Consultation.--To ensure timely and
meaningful consultation, a local educational
agency, or where appropriate, a State
educational agency, shall consult, with
representatives of children with disabilities
parentally placed in private schools, during
the design and development of special education
and related services for these children,
including consultation regarding--
``(I) the child find process and
how parentally placed private school
children suspected of having a
disability can participate equitably,
including how parents, teachers, and
private school officials will be
informed of the process;
``(II) the determination of the
proportionate share of Federal funds
available to serve parentally placed
private school children with
disabilities under this paragraph,
including the determination of how the
proportionate share of those funds were
calculated;
``(III) the consultation process
among the school district, private
school officials, and parents of
parentally placed private school
children with disabilities, including
how such process will operate
throughout the school year to ensure
that parentally placed children with
disabilities identified through the
child find process can meaningfully
participate in special education and
related services;
``(IV) how, where, and by whom
special education and related services
will be provided for parentally placed
private school children, including a
discussion of alternate service
delivery mechanisms, how such services
will be apportioned if funds are
insufficient to serve all children, and
how and when these decisions will be
made; and
``(V) how, if the local educational
agency disagrees with the views of the
private school officials on the
provision of services through a
contract, the local educational agency
shall provide to the private school
officials a written explanation of the
reasons why such the local educational
agency chose not to use a contractor.
``(iv) Written affirmation.--When timely
and meaningful consultation as required by this
section has occurred, the local educational
agency shall obtain a written affirmation
signed by the representatives of participating
private schools, and if such officials do not
provide such affirmations within a reasonable
period of time, the local educational agency
shall forward the documentation of the
consultation process to the State educational
agency.
``(v) Compliance.--
``(I) In general.--A private school
official shall have the right to
complain to the State
educational agency that the local educational agency did not engage in
consultation that was meaningful and timely, or did not give due
consideration to the views of the private school official.
``(II) Procedure.--If the private
school official wishes to complain, the
official shall provide the basis of the
noncompliance with this section by the
local educational agency to the State
educational agency, and the local
educational agency shall forward the
appropriate documentation to the State
educational agency. If the private
school official is dissatisfied with
the decision of the State educational
agency, such official may complain to
the Secretary by providing the basis of
the noncompliance with this section by
the local educational agency to the
Secretary, and the State educational
agency shall forward the appropriate
documentation to the Secretary.
``(vi) Provision of equitable services.--
``(I) Direct services.--To the
extent practicable, the local
educational agency shall provide direct
services to children with disabilities
parentally placed in private schools.
``(II) Directly or through
contracts.--A public agency may provide
special education and related services
directly or through contracts with
public and private agencies,
organizations, and institutions.
``(III) Secular, neutral,
nonideological.--Special education and
related services provided to children
with disabilities attending private
schools, including materials and
equipment, shall be secular, neutral,
and nonideological.
``(vii) Public control of funds.--The
control of funds used to provide special
education and related services under this
section, and title to materials, equipment, and
property purchased with those funds, shall be
in a public agency for the uses and purposes
provided in this Act, and a public agency shall
administer the funds and property.
``(B) Children placed in, or referred to, private
schools by public agencies.--
``(i) In general.--Children with
disabilities in private schools and facilities
are provided special education and related
services, in accordance with an individualized
education program, at no cost to their parents,
if such children are placed in, or referred to,
such schools or facilities by the State or
appropriate local educational agency as the
means of carrying out the requirements of this
part or any other applicable law requiring the
provision of special education and related
services to all children with disabilities
within such State.
``(ii) Standards.--In all cases described
in clause (i), the State educational agency
shall determine whether such schools and
facilities meet standards that apply to State
and local educational agencies and that
children so served have all the rights the
children would have if served by such agencies.
``(C) Payment for education of children enrolled in
private schools without consent of or referral by the
public agency.--
``(i) In general.--Subject to subparagraph
(A), this part does not require a local
educational agency to pay for the cost of
education, including special education and
related services, of a child with a disability
at a private school or facility if that agency
made a free appropriate public education
available to the child and the parents elected
to place the child in such private school or
facility.
``(ii) Reimbursement for private school
placement.--If the parents of a child with a
disability, who previously received special
education and related services under the
authority of a public agency, enroll the child
in a private elementary school or secondary
school without the consent of or referral by
the public agency, a court or a hearing officer
may require the agency to reimburse the parents
for the cost of that enrollment if the court or
hearing officer finds that the agency had not
made a free appropriate public education
available to the child in a timely manner prior
to that enrollment.
``(iii) Limitation on reimbursement.--The
cost of reimbursement described in clause (ii)
may be reduced or denied--
``(I) if--
``(aa) at the most recent
IEP meeting that the parents
attended prior to removal of
the child from the public
school, the parents did not
inform the IEP Team that they
were rejecting the placement
proposed by the public agency
to provide a free appropriate
public education to their
child, including stating their
concerns and their intent to
enroll their child in a private
school at public expense; or
``(bb) 10 business days
(including any holidays that
occur on a business day) prior
to the removal of the child
from the public school, the
parents did not give written
notice to the public agency of
the information described in
division (aa);
``(II) if, prior to the parents'
removal of the child from the public
school, the public agency informed the
parents, through the notice
requirements described in section
615(b)(3), of its intent to evaluate
the child (including a statement of the
purpose of the evaluation that was
appropriate and reasonable), but the
parents did not make the child
available for such evaluation; or
``(III) upon a judicial finding of
unreasonableness with respect to
actions taken by the parents.
``(iv) Exception.--Notwithstanding the
notice requirement in clause (iii)(I), the cost
of reimbursement--
``(I) shall not be reduced or
denied for failure to provide such
notice if--
``(aa) the school prevented
the parent from providing such
notice; or
``(bb) the parents had not
received notice, pursuant to
section 615, of the notice
requirement in clause (iii)(I);
and
``(II) may, in the discretion of a
court or a hearing officer, not be
reduced or denied for failure to
provide such notice if--
``(aa) the parent is
illiterate and cannot write in
English; or
``(bb) compliance with
clause (iii)(I) would likely
have resulted in physical or
serious emotional harm to the
child.
``(11) State educational agency responsible for general
supervision.--
``(A) In general.--The State educational agency is
responsible for ensuring that--
``(i) the requirements of this part are
met; and
``(ii) all educational programs for
children with disabilities in the State,
including all such programs administered by any
other State or local agency--
``(I) are under the general
supervision of individuals in the State
who are responsible for educational
programs for children with
disabilities; and
``(II) meet the educational
standards of the State educational
agency.
``(B) Limitation.--Subparagraph (A) shall not limit
the responsibility of agencies in the State other than
the State educational agency to provide, or pay for
some or all of the costs of, a free appropriate public
education for any child with a disability in the State.
``(C) Exception.--Notwithstanding subparagraphs (A)
and (B), the Governor (or another individual pursuant
to State law), consistent with State law, may assign to
any public agency in the State the responsibility of
ensuring that the requirements of this part are met
with respect to children with disabilities who are
convicted as adults under State law and incarcerated in
adult prisons.
``(12) Obligations related to and methods of ensuring
services.--
``(A) Establishing responsibility for services.--
The Chief Executive Officer of a State or designee of
the officer shall ensure that an interagency agreement
or other mechanism for interagency coordination is in
effect between each public agency described in
subparagraph (B) and the State educational agency, in
order to ensure that all services described in
subparagraph (B)(i) that are needed to ensure a free
appropriate public education are provided, including
the provision of such services during the pendency of
any dispute under clause (iii). Such agreement or
mechanism shall include the following:
``(i) Agency financial responsibility.--An
identification of, or a method for defining,
the financial responsibility of each agency for
providing services described in subparagraph
(B)(i) to ensure a free appropriate public
education to children with disabilities,
provided that the financial responsibility of
each public agency described in subparagraph
(B), including the State Medicaid agency and
other public insurers of children with
disabilities, shall precede the financial
responsibility of the local educational agency
(or the State agency responsible for developing
the child's IEP).
``(ii) Conditions and terms of
reimbursement.--The conditions, terms, and
procedures under which a local educational
agency shall be reimbursed by other agencies.
``(iii) Interagency disputes.--Procedures
for resolving interagency disputes (including
procedures under which local educational
agencies may initiate proceedings) under the
agreement or other mechanism to secure
reimbursement from other agencies or otherwise
implement the provisions of the agreement or
mechanism.
``(iv) Coordination of services
procedures.--Policies and procedures for
agencies to determine and identify the
interagency coordination responsibilities of
each agency to promote the coordination and
timely and appropriate delivery of services
described in subparagraph (B)(i).
``(B) Obligation of public agency.--
``(i) In general.--If any public agency
other than an educational agency is otherwise
obligated under Federal or State law, or
assigned responsibility under State policy,
pursuant to subparagraph (A), or pursuant to an
agreement under paragraph (C), to provide or
pay for any services that are also considered
special education or related services (such as,
but not limited to, services described in
section 602(1) relating to assistive technology
devices, 602(2) relating to assistive
technology services, 602(24) relating to
related services, 602(31) relating to
supplementary aids and services, and 602(32)
relating to transition services) that are
necessary for ensuring a free appropriate
public education to children with disabilities
within the State, such public agency shall
fulfill that obligation or responsibility,
either directly or through contract or other
arrangement pursuant to subparagraph (A).
``(ii) Reimbursement for services by public
agency.--If a public agency other than an
educational agency fails to provide or pay for
the special education and related services
described in clause (i), the local educational
agency (or State agency responsible for
developing the child's IEP) shall provide or
pay for such services to the child. Such local
educational agency or State agency is
authorized to claim reimbursement for the
services from the public agency that failed to
provide or pay for such services and such
public agency shall reimburse the local
educational agency or State agency pursuant to
the terms of the interagency agreement or other
mechanism described in subparagraph (A)(i)
according to the procedures established in such
agreement pursuant to subparagraph (A)(ii).
``(C) Special rule.--The requirements of
subparagraph (A) may be met through--
``(i) State statute or regulation;
``(ii) signed agreements between respective
agency officials that clearly identify the
responsibilities of each agency relating to the
provision of services; or
``(iii) other appropriate written methods
as determined by the Chief Executive Officer of
the State or designee of the officer and
approved by the Secretary through the review
and approval of the State's plan pursuant to
this section.
``(13) Procedural requirements relating to local
educational agency eligibility.--The State educational agency
will not make a final determination that a local educational
agency is not eligible for assistance under this part without
first affording that agency reasonable notice and an
opportunity for a hearing.
``(14) Personnel standards.--
``(A) In general.--The State educational agency has
established and maintains standards to ensure that
personnel necessary to carry out this part are
appropriately and adequately prepared and trained,
including that those personnel have the content
knowledge and skills to serve children with
disabilities.
``(B) Related services personnel and
paraprofessionals.--The standards under subparagraph
(A) include standards for related services personnel
and paraprofessionals that--
``(i) are consistent with any State-
approved or State-recognized certification,
licensing, registration, or other comparable
requirements that apply to the professional
discipline in which those personnel are
providing special education or related
services; and
``(ii) allow paraprofessionals and
assistants who are appropriately trained and
supervised, in accordance with State law,
regulation, or written policy, in meeting the
requirements of this part to be used to assist
in the provision of special education and
related services under this part to children
with disabilities.
``(C) Standards for special education teachers.--
The standards described in subparagraph (A) shall
ensure that each special education teacher in the State
who teaches in an elementary, middle, or secondary
school is highly qualified not later than the 2006-2007
school year.
``(D) Policy.--In implementing this section, a
State shall adopt a policy that includes a requirement
that local educational agencies in the State take
measurable steps to recruit, hire, train, and retain
highly qualified personnel to provide special education
and related services under this part to children with
disabilities.
``(15) Performance goals and indicators.--The State--
``(A) has established goals for the performance of
children with disabilities in the State that--
``(i) promote the purposes of this Act, as
stated in section 601(d);
``(ii) are the same as the State's
definition of adequate yearly progress,
including the State's objectives for progress
by children with disabilities, under section
1111(b)(2)(C) of the Elementary and Secondary
Education Act of 1965;
``(iii) address drop out rates, as well as
such other factors as the State may determine;
and
``(iv) are consistent, to the extent
appropriate, with any other goals and standards
for children established by the State;
``(B) has established performance indicators the
State will use to assess progress toward achieving the
goals described in subparagraph (A), including
measurable annual objectives for progress by children
with disabilities under section
1111(b)(2)(C)(v)(II)(cc) of the Elementary and
Secondary Education Act of 1965; and
``(C) will annually report to the Secretary and the
public on the progress of the State, and of children
with disabilities in the State, toward meeting the
goals established under subparagraph (A).
``(16) Participation in assessments.--
``(A) In general.-- All children with disabilities
are included in all general State and districtwide
assessment programs and accountability systems,
including assessments and accountability systems
described under section 1111 of the Elementary and
Secondary Education Act of 1965, with appropriate
accommodations, alternate assessments where necessary,
and as indicated in their respective individualized
education programs.
``(B) Accommodation guidelines.--The State (or, in
the case of a districtwide assessment, the local
educational agency) has developed guidelines for the
provision of appropriate accommodations.
``(C) Alternate assessments.--
``(i) In general.--The State (or, in the
case of a districtwide assessment, the local
educational agency) has developed and
implemented guidelines for the participation of
children with disabilities in alternate
assessments for those children who cannot
participate in regular assessments under
subparagraph (B) as indicated in their
respective individualized education programs.
``(ii) Requirements for alternate
assessments.--The guidelines under clause (i)
shall provide for alternate assessments that--
``(I) are aligned with the State's
challenging academic content and
academic achievement standards; or
``(II) measure the achievement of
students against alternate academic
achievement standards that are aligned
with the State's academic content
standards.
``(iii) Conduct of alternative
assessments.--The State conducts the alternate
assessments described in this subparagraph.
``(D) Reports.--The State educational agency (or,
in the case of a districtwide assessment, the local
educational agency) makes available to the public, and
reports to the public with the same frequency and in
the same detail as it reports on the assessment of
nondisabled children, the following:
``(i) The number of children with
disabilities participating in regular
assessments, and the number of those children
who were provided accommodations in order to
participate in those assessments.
``(ii) The number of children with
disabilities participating in alternate
assessments described in subparagraph
(C)(ii)(I).
``(iii) The number of children with
disabilities participating in alternate
assessments described in subparagraph
(C)(ii)(II).
``(iv) The performance of children with
disabilities on regular assessments and on
alternate assessments (if the number of
children with disabilities participating in
those assessments is sufficient to yield
statistically reliable information and
reporting that information will not reveal
personally identifiable information about an
individual student), compared with the
achievement of all children, including children
with disabilities, on those assessments.
``(E) Universal design.--The State educational
agency (or, in the case of a districtwide assessment,
the local educational agency) shall, to the extent
possible, use universal design principles in developing
and administering any assessments under this paragraph.
``(17) Supplementation of state, local, and other federal
funds.--
``(A) Expenditures.--Funds paid to a State under
this part will be expended in accordance with all the
provisions of this part.
``(B) Prohibition against commingling.--Funds paid
to a State under this part will not be commingled with
State funds.
``(C) Prohibition against supplantation and
conditions for waiver by secretary.--Except as provided
in section 613, funds paid to a State under this part
will be used to supplement the level of Federal, State,
and local funds (including funds that are not under the
direct control of State or local educational agencies)
expended for special education and related services
provided to children with disabilities under this part
and in no case to supplant such Federal, State, and
local funds, except that, where the State provides
clear and convincing evidence that all children with
disabilities have available to them a free appropriate
public education, the Secretary may waive, in whole or
in part, the requirements of this subparagraph if the
Secretary concurs with the evidence provided by the
State.
``(18) Maintenance of state financial support.--
``(A) In general.--The State does not reduce the
amount of State financial support for special education
and related services for children with disabilities, or
otherwise made available because of the excess costs of
educating those children, below the amount of that
support for the preceding fiscal year.
``(B) Reduction of funds for failure to maintain
support.--The Secretary shall reduce the allocation of
funds under section 611 for any fiscal year following
the fiscal year in which the State fails to comply with
the requirement of subparagraph (A) by the same amount
by which the State fails to meet the requirement.
``(C) Waivers for exceptional or uncontrollable
circumstances.--The Secretary may waive the requirement
of subparagraph (A) for a State, for 1 fiscal year at a
time, if the Secretary determines that--
``(i) granting a waiver would be equitable
due to exceptional or uncontrollable
circumstances such as a natural disaster or a
precipitous and unforeseen decline in the
financial resources of the State; or
``(ii) the State meets the standard in
paragraph (17)(C) for a waiver of the
requirement to supplement, and not to supplant,
funds received under this part.
``(D) Subsequent years.--If, for any year, a State
fails to meet the requirement of subparagraph (A),
including any year for which the State is granted a
waiver under subparagraph (C), the financial support
required of the State in future years under
subparagraph (A) shall be the amount that would have
been required in the absence of that failure and not
the reduced level of the State's support.
``(E) Regulations.--
``(i) In general.--The Secretary shall, by
regulation, establish procedures (including
objective criteria and consideration of the
results of compliance reviews of the State
conducted by the Secretary) for determining
whether to grant a waiver under subparagraph
(C)(ii).
``(ii) Timeline.--The Secretary shall
publish proposed regulations under clause (i)
not later than 6 months after the date of
enactment of the Individuals with Disabilities
Education Improvement Act of 2003, and shall
issue final regulations under clause (i) not
later than 1 year after such date of enactment.
``(19) Public participation.--Prior to the adoption of any
policies and procedures needed to comply with this section
(including any amendments to such policies and procedures), the
State ensures that there are public hearings, adequate notice
of the hearings, and an opportunity for comment available to
the general public, including individuals with disabilities and
parents of children with disabilities.
``(20) State advisory panel.--
``(A) In general.--The State has established and
maintains an advisory panel for the purpose of
providing policy guidance with respect to special
education and related services for children with
disabilities in the State.
``(B) Membership.--Such advisory panel shall
consist of members appointed by the Governor, or any
other official authorized under State law to make such
appointments, that is representative of the State
population and that is composed of individuals involved
in, or concerned with, the education of children with disabilities,
including--
``(i) parents of children with disabilities
ages birth through 26;
``(ii) individuals with disabilities;
``(iii) teachers;
``(iv) representatives of institutions of
higher education that prepare special education
and related services personnel;
``(v) State and local education officials;
``(vi) administrators of programs for
children with disabilities;
``(vii) representatives of other State
agencies involved in the financing or delivery
of related services to children with
disabilities;
``(viii) representatives of private schools
and public charter schools;
``(ix) at least 1 representative of a
vocational, community, or business organization
concerned with the provision of transition
services to children with disabilities; and
``(x) representatives from the State
juvenile and adult corrections agencies.
``(C) Special rule.--A majority of the members of
the panel shall be individuals with disabilities ages
birth through 26 or parents of such individuals.
``(D) Duties.--The advisory panel shall--
``(i) advise the State educational agency
of unmet needs within the State in the
education of children with disabilities;
``(ii) comment publicly on any rules or
regulations proposed by the State regarding the
education of children with disabilities;
``(iii) advise the State educational agency
in developing evaluations and reporting on data
to the Secretary under section 618;
``(iv) advise the State educational agency
in developing corrective action plans to
address findings identified in Federal
monitoring reports under this part; and
``(v) advise the State educational agency
in developing and implementing policies
relating to the coordination of services for
children with disabilities.
``(21) Suspension and expulsion rates.--
``(A) In general.--The State educational agency
examines data to determine if significant discrepancies
are occurring in the rate of long-term suspensions and
expulsions of children with disabilities--
``(i) among local educational agencies in
the State; or
``(ii) compared to such rates for
nondisabled children within such agencies.
``(B) Review and revision of policies.--If such
discrepancies are occurring, the State educational
agency reviews and, if appropriate, revises (or
requires the affected State or local educational agency
to revise) its policies, procedures, and practices
relating to the development and implementation of IEPs,
the use of behavioral interventions, and procedural
safeguards, to ensure that such policies, procedures,
and practices comply with this Act.
``(22) Instructional materials.--
``(A) In general.--The State adopts the national
instructional materials accessibility standard for the
purposes of providing instructional materials to blind
persons or other persons with print disabilities in a
timely manner after the publication of the standard by
the Secretary in the Federal Register.
``(B) Purchase requirement.--Not later than 2 years
after the date of the enactment of the Individuals with
Disabilities Education Improvement Act of 2003, the
State educational agency, when purchasing instructional
materials for use in public elementary and secondary
schools within the State, requires the publisher of the
instructional materials, as a part of any purchase
agreement that is made, renewed, or revised, to prepare
and supply electronic files containing the contents of
the instructional materials using the national
instructional materials accessibility standard.
``(C) Definition.--For purposes of this paragraph,
the term `instructional materials' means printed
textbooks and related core materials that are written
and published primarily for use in elementary school
and secondary school instruction and are required by a
State educational agency or local educational agency
for use by pupils in the classroom.
``(b) State Educational Agency as Provider of Free Appropriate
Public Education or Direct Services.--If the State educational agency
provides free appropriate public education to children with
disabilities, or provides direct services to such children, such
agency--
``(1) shall comply with any additional requirements of
section 613(a), as if such agency were a local educational
agency; and
``(2) may use amounts that are otherwise available to such
agency under this part to serve those children without regard
to section 613(a)(2)(A)(i) (relating to excess costs).
``(c) Exception for Prior State Plans.--
``(1) In general.--If a State has on file with the
Secretary policies and procedures that demonstrate that such
State meets any requirement of subsection (a), including any
policies and procedures filed under this part as in effect
before the effective date of the Individuals with Disabilities
Education Improvement Act of 2003, the Secretary shall consider
such State to have met such requirement for purposes of
receiving a grant under this part.
``(2) Modifications made by state.--Subject to paragraph
(3), an application submitted by a State in accordance with
this section shall remain in effect until the State submits to
the Secretary such modifications as the State determines
necessary. This section shall apply to a modification to an
application to the same extent and in the same manner as this
section applies to the original plan.
``(3) Modifications required by the secretary.--If, after
the effective date of the Individuals with Disabilities
Education Improvement Act of 2003, the provisions of this Act
are amended (or the regulations developed to carry out this Act
are amended), there is a new interpretation of this Act by a
Federal court or a State's highest court, or there is an
official finding of noncompliance with Federal law or
regulations, then the Secretary may require a State to modify
its application only to the extent necessary to ensure the
State's compliance with this part.
``(d) Approval by the Secretary.--
``(1) In general.--If the Secretary determines that a State
is eligible to receive a grant under this part, the Secretary
shall notify the State of that determination.
``(2) Notice and hearing.--The Secretary shall not make a
final determination that a State is not eligible to receive a
grant under this part until after providing the State--
``(A) with reasonable notice; and
``(B) with an opportunity for a hearing.
``(e) Assistance Under Other Federal Programs.--Nothing in this
title permits a State to reduce medical and other assistance available,
or to alter eligibility, under titles V and XIX of the Social Security
Act with respect to the provision of a free appropriate public
education for children with disabilities in the State.
``(f) By-Pass for Children in Private Schools.--
``(1) In general.--If, on the date of enactment of the
Education of the Handicapped Act Amendments of 1983, a State
educational agency was prohibited by law from providing for the
equitable participation in special programs of children with
disabilities enrolled in private elementary schools and
secondary schools as required by subsection (a)(10)(A), or if
the Secretary determines that a State educational agency, local
educational agency, or other entity has substantially failed or
is unwilling to provide for such equitable participation, then
the Secretary shall, notwithstanding such provision of law,
arrange for the provision of services to such children through
arrangements which shall be subject to the requirements of such
subsection.
``(2) Payments.--
``(A) Determination of amounts.--If the Secretary
arranges for services pursuant to this subsection, the
Secretary, after consultation with the appropriate
public and private school officials, shall pay to the
provider of such services for a fiscal year an amount
per child that does not exceed the amount determined by
dividing--
``(i) the total amount received by the
State under this part for such fiscal year; by
``(ii) the number of children with
disabilities served in the prior year, as
reported to the Secretary by the State under
section 618.
``(B) Withholding of certain amounts.--Pending
final resolution of any investigation or complaint that
may result in a determination under this subsection,
the Secretary may withhold from the allocation of the
affected State educational agency the amount the
Secretary estimates will be necessary to pay the cost
of services described in subparagraph (A).
``(C) Period of payments.--The period under which
payments are made under subparagraph (A) shall continue
until the Secretary determines that there will no
longer be any failure or inability on the part of the
State educational agency to meet the requirements of
subsection (a)(10)(A).
``(3) Notice and hearing.--
``(A) In general.--The Secretary shall not take any
final action under this subsection until the State
educational agency affected by such action has had an
opportunity, for at least 45 days after receiving
written notice thereof, to submit written objections
and to appear before the Secretary or the Secretary's
designee to show cause why such action should not be
taken.
``(B) Review of action.--If a State educational
agency is dissatisfied with the Secretary's final
action after a proceeding under subparagraph (A), such
agency may, not later than 60 days after notice of such
action, file with the United States court of appeals
for the circuit in which such State is located a
petition for review of that action. A copy of the
petition shall be forthwith transmitted by the clerk of
the court to the Secretary. The Secretary thereupon
shall file in the court the record of the proceedings
on which the Secretary based the Secretary's action, as
provided in section 2112 of title 28, United States
Code.
``(C) Review of findings of fact.--The findings of
fact by the Secretary, if supported by substantial
evidence, shall be conclusive, but the court, for good
cause shown, may remand the case to the Secretary to
take further evidence, and the Secretary may thereupon
make new or modified findings of fact and may modify
the Secretary's previous action, and shall file in the
court the record of the further proceedings. Such new
or modified findings of fact shall likewise be
conclusive if supported by substantial evidence.
``(D) Jurisdiction of court of appeals; review by
united states supreme court.--Upon the filing of a
petition under subparagraph (B), the United States
court of appeals shall have jurisdiction to affirm the
action of the Secretary or to set it aside, in whole or
in part. The judgment of the court shall be subject to
review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254
of title 28, United States Code.
``SEC. 613. LOCAL EDUCATIONAL AGENCY ELIGIBILITY.
``(a) In General.--A local educational agency is eligible for
assistance under this part for a fiscal year if such agency submits a
plan that provides assurances to the State educational agency that the
local educational agency meets each of the following conditions:
``(1) Consistency with state policies.--The local
educational agency, in providing for the education of children
with disabilities within its jurisdiction, has in effect
policies, procedures, and programs that are consistent with the
State policies and procedures established under section 612.
``(2) Use of amounts.--
``(A) In general.--Amounts provided to the local
educational agency under this part shall be expended in
accordance with the applicable provisions of this part
and--
``(i) shall be used only to pay the excess
costs of providing special education and
related services to children with disabilities;
``(ii) shall be used to supplement State,
local, and other Federal funds and not to
supplant such funds; and
``(iii) shall not be used, except as
provided in subparagraphs (B) and (C), to
reduce the level of expenditures for the
education of children with disabilities made by
the local educational agency from local funds
below the level of those expenditures for the
preceding fiscal year.
``(B) Exception.--Notwithstanding the restriction
in subparagraph (A)(iii), a local educational agency
may reduce the level of expenditures where such
reduction is attributable to--
``(i) the voluntary departure, by
retirement or otherwise, or departure for just
cause, of special education personnel;
``(ii) a decrease in the enrollment of
children with disabilities;
``(iii) the termination of the obligation
of the agency, consistent with this part,
to provide a program of special education to a particular child with a
disability that is an exceptionally costly program, as determined by
the State educational agency, because the child--
``(I) has left the jurisdiction of
the agency;
``(II) has reached the age at which
the obligation of the agency to provide
a free appropriate public education to
the child has terminated; or
``(III) no longer needs such
program of special education; or
``(iv) the termination of costly
expenditures for long-term purchases, such as
the acquisition of equipment or the
construction of school facilities.
``(C) Treatment of federal funds in certain fiscal
years.--
``(i) 8 percent rule.--Notwithstanding
clauses (ii) and (iii) of subparagraph (A), a
local educational agency may treat as local
funds, for the purposes of such clauses, not
more than 8 percent of the amount of funds the
local educational agency receives under this
part.
``(ii) 40 percent rule.--Notwithstanding
clauses (ii) and (iii) of subparagraph (A), for
any fiscal year for which States are allocated
the maximum amount of grants pursuant to
section 611(a)(2), a local educational agency
may treat as local funds, for the purposes of
such clauses, not more than 40 percent of the
amount of funds the local educational agency
receives under this part, subject to clause
(iv).
``(iii) Early intervening prereferral
services.--
``(I) 8 percent rule.--If a local
educational agency exercises authority
pursuant to clause (i), the 8 percent
funds shall be counted toward the
percentage and amount of funds that may
be used to provide early intervening
prereferral services pursuant to
subsection (f).
``(II) 40 percent rule.--If a local
educational agency exercises authority
pursuant to clause (ii), the local
educational agency shall use an amount
of the 40 percent funds from clause
(ii) that represents 15 percent of the
total amount of funds the local
educational agency receives under this
part, to provide early intervening
prereferral services pursuant to
subsection (f).
``(iv) Special Rule.--Funds treated as
local funds pursuant to clause (i) or (ii) may
be considered non-Federal or local funds for
the purposes of--
``(I) clauses (ii) and (iii) of
subparagraph (A); and
``(II) the provision of the local
share of costs for title XIX of the
Social Security Act.
``(v) Prohibition.--If a State educational
agency determines that a local educational
agency is unable to establish and maintain
programs of free appropriate public education
that meet the requirements of this subsection,
then the State educational agency shall
prohibit the local educational agency from
treating funds received under this part as
local funds under clause (i) or (ii) for that
fiscal year, but only if the State educational
agency is authorized to do so by the State
constitution or a State statute.
``(vi) Report.--For each fiscal year in
which a local educational agency exercises its
authority pursuant to this paragraph and treats
Federal funds as local funds, the local
educational agency shall report to the State
educational agency the amount of funds so
treated and the activities that were funded
with such funds.
``(D) Schoolwide programs under title i of the
esea.--Notwithstanding subparagraph (A) or any other
provision of this part, a local educational agency may
use funds received under this part for any fiscal year
to carry out a schoolwide program under section 1114 of
the Elementary and Secondary Education Act of 1965,
except that the amount so used in any such program
shall not exceed--
``(i) the number of children with
disabilities participating in the schoolwide
program; multiplied by
``(ii)(I) the amount received by the local
educational agency under this part for that
fiscal year; divided by
``(II) the number of children with
disabilities in the jurisdiction of that
agency.
``(3) Personnel development.--The local educational agency
shall ensure that all personnel necessary to carry out this
part are appropriately and adequately prepared, consistent with
the requirements of section 612(a)(14) of this Act and section
2122 of the Elementary and Secondary Education Act of 1965.
``(4) Permissive use of funds.--
``(A) Uses.--Notwithstanding paragraph (2)(A) or
section 612(a)(17)(B) (relating to commingled funds),
funds provided to the local educational agency under
this part may be used for the following activities:
``(i) Services and aids that also benefit
nondisabled children.--For the costs of special
education and related services, and
supplementary aids and services, provided in a
regular class or other education-related
setting to a child with a disability in
accordance with the individualized education
program of the child, even if 1 or more
nondisabled children benefit from such
services.
``(ii) Early intervening services.--To
develop and implement comprehensive,
coordinated, early intervening educational
services in accordance with subsection (f).
``(B) Case management and administration.--A local
educational agency may use funds received under this
part to purchase appropriate technology, for
recordkeeping, data collection, and related case
management activities of teachers and related services
personnel providing services described in the
individualized education program of children with
disabilities, that is necessary to the implementation
of such case management activities.
``(5) Treatment of charter schools and their students.--In
carrying out this part with respect to charter schools that are
public schools of the local educational agency, the local
educational agency--
``(A) serves children with disabilities attending
those charter schools in the same manner as the local
educational agency serves children with disabilities in
its other schools, including providing supplementary
and related services on site at the charter school to
the same extent to which the local educational agency
has a policy or practice of providing such services on
the site to its other public schools; and
``(B) provides funds under this part to those
charter schools on the same basis, including
proportional distribution based on relative enrollment
of children with disabilities, and at the same time, as
the local educational agency distributes State, local,
or a combination of State and local, funds to those
charter schools under the State's charter school law.
``(6) Purchase of instructional materials.--Not later than
2 years after the date of the enactment of the Individuals with
Disabilities Education Improvement Act of 2003, the local
educational agency, when purchasing instructional materials for
use in public elementary schools or secondary schools served by
the local educational agency, requires the publisher of the
instructional materials, as a part of any purchase agreement
that is made, renewed, or revised, to prepare and supply
electronic files containing the contents of the instructional materials
using the national instructional materials accessibility standard
described in section 612(a)(22).
``(7) Information for state educational agency.--The local
educational agency shall provide the State educational agency
with information necessary to enable the State educational
agency to carry out its duties under this part, including, with
respect to paragraphs (15) and (16) of section 612(a),
information relating to the performance of children with
disabilities participating in programs carried out under this
part.
``(8) Public information.--The local educational agency
shall make available to parents of children with disabilities
and to the general public all documents relating to the
eligibility of such agency under this part.
``(b) Exception for Prior Local Plans.--
``(1) In general.--If a local educational agency or State
agency has on file with the State educational agency policies
and procedures that demonstrate that such local educational
agency, or such State agency, as the case may be, meets any
requirement of subsection (a), including any policies and
procedures filed under this part as in effect before the
effective date of the Individuals with Disabilities Education
Improvement Act of 2003, the State educational agency shall
consider such local educational agency or State agency, as the
case may be, to have met such requirement for purposes of
receiving assistance under this part.
``(2) Modification made by local educational agency.--
Subject to paragraph (3), an application submitted by a local
educational agency in accordance with this section shall remain
in effect until the local educational agency submits to the
State educational agency such modifications as the local
educational agency determines necessary.
``(3) Modifications required by state educational agency.--
If, after the effective date of the Individuals with
Disabilities Education Improvement Act of 2003, the provisions
of this Act are amended (or the regulations developed to carry
out this Act are amended), there is a new interpretation of
this Act by Federal or State courts, or there is an official
finding of noncompliance with Federal or State law or
regulations, then the State educational agency may require a
local educational agency to modify its application only to the
extent necessary to ensure the local educational agency's
compliance with this part or State law.
``(c) Notification of Local Educational Agency or State Agency in
Case of Ineligibility.--If the State educational agency determines that
a local educational agency or State agency is not eligible under this
section, then the State educational agency shall notify the local
educational agency or State agency, as the case may be, of that
determination and shall provide such local educational agency or State
agency with reasonable notice and an opportunity for a hearing.
``(d) Local Educational Agency Compliance.--
``(1) In general.--If the State educational agency, after
reasonable notice and an opportunity for a hearing, finds that
a local educational agency or State agency that has been
determined to be eligible under this section is failing to
comply with any requirement described in subsection (a), the
State educational agency shall reduce or shall not provide any
further payments to the local educational agency or State
agency until the State educational agency is satisfied that the
local educational agency or State agency, as the case may be,
is complying with that requirement.
``(2) Additional requirement.--Any State agency or local
educational agency in receipt of a notice described in
paragraph (1) shall, by means of public notice, take such
measures as may be necessary to bring the pendency of an action
pursuant to this subsection to the attention of the public
within the jurisdiction of such agency.
``(3) Consideration.--In carrying out its responsibilities
under paragraph (1), the State educational agency shall
consider any decision made in a hearing held under section 615
that is adverse to the local educational agency or State agency
involved in that decision.
``(e) Joint Establishment of Eligibility.--
``(1) Joint establishment.--
``(A) In general.--A State educational agency may
require a local educational agency to establish its
eligibility jointly with another local educational
agency if the State educational agency determines that
the local educational agency will be ineligible under
this section because the local educational agency will
not be able to establish and maintain programs of
sufficient size and scope to effectively meet the needs
of children with disabilities.
``(B) Charter school exception.--A State
educational agency may not require a charter school
that is a local educational agency to jointly establish
its eligibility under subparagraph (A) unless the
charter school is explicitly permitted to do so under
the State's charter school law.
``(2) Amount of payments.--If a State educational agency
requires the joint establishment of eligibility under paragraph
(1), the total amount of funds made available to the affected
local educational agencies shall be equal to the sum of the
payments that each such local educational agency would have
received under section 611(f) if such agencies were eligible
for such payments.
``(3) Requirements.--Local educational agencies that
establish joint eligibility under this subsection shall--
``(A) adopt policies and procedures that are
consistent with the State's policies and procedures
under section 612(a); and
``(B) be jointly responsible for implementing
programs that receive assistance under this part.
``(4) Requirements for educational service agencies.--
``(A) In general.--If an educational service agency
is required by State law to carry out programs under
this part, the joint responsibilities given to local
educational agencies under this subsection shall--
``(i) not apply to the administration and
disbursement of any payments received by that
educational service agency; and
``(ii) be carried out only by that
educational service agency.
``(B) Additional requirement.--Notwithstanding any
other provision of this subsection, an educational
service agency shall provide for the education of
children with disabilities in the least restrictive
environment, as required by section 612(a)(5).
``(f) Early Intervening Services.--
``(1) In general.--A local educational agency may not use
more than 15 percent of the amount such agency receives under
this part for any fiscal year, less any amount treated as local
funds pursuant to subsection (a)(2)(C), if any, in
combination with other amounts (which may include amounts other than
education funds), to develop and implement comprehensive, coordinated,
early intervening educational services, which may include interagency
financing structures, for students in kindergarten through grade 12
(with a particular emphasis on students in kindergarten through grade
3) who have not been identified as needing special education or related
services but who require additional academic and behavioral support to
succeed in a general education environment.
``(2) Activities.--In implementing comprehensive,
coordinated, early intervening educational services under this
subsection, a local educational agency may carry out activities
that include--
``(A) professional development (which may be
provided by entities other than local educational
agencies) for teachers and other school staff to enable
such personnel to deliver scientifically based academic
and behavioral interventions, including scientifically
based literacy instruction, and, where appropriate,
instruction on the use of adaptive and instructional
software;
``(B) providing educational and behavioral
evaluations, services, and supports, including
scientifically based literacy instruction; and
``(C) developing and implementing interagency
financing structures for the provision of such services
and supports.
``(3) Construction.--Nothing in this subsection shall be
construed to either limit or create a right to a free
appropriate public education under this part.
``(4) Reporting.--Each local educational agency that
develops and maintains comprehensive, coordinated, early
intervening educational services with funds made available for
this subsection, shall annually report to the State educational
agency on--
``(A) the number of children served under this
subsection; and
``(B) the number of children served under this
subsection who are subsequently referred to special
education.
``(5) Coordination with certain projects under elementary
and secondary education act of 1965.--Funds made available to
carry out this subsection may be used to carry out
comprehensive, coordinated, early intervening educational
services aligned with activities funded by, and carried out
under, the Elementary and Secondary Education Act of 1965 if
such funds are used to supplement, and not supplant, funds made
available under the Elementary and Secondary Education Act of
1965 for the activities and services assisted under this
subsection.
``(g) Direct Services by the State Educational Agency.--
``(1) In general.--A State educational agency shall use the
payments that would otherwise have been available to a local
educational agency or to a State agency to provide special
education and related services directly to children with
disabilities residing in the area served by that local
educational agency, or for whom that State agency is
responsible, if the State educational agency determines that
the local educational agency or State agency, as the case may
be--
``(A) has not provided the information needed to
establish the eligibility of such agency under this
section;
``(B) is unable to establish and maintain programs
of free appropriate public education that meet the
requirements of subsection (a);
``(C) is unable or unwilling to be consolidated
with 1 or more local educational agencies in order to
establish and maintain such programs; or
``(D) has 1 or more children with disabilities who
can best be served by a regional or State program or
service delivery system designed to meet the needs of
such children.
``(2) Manner and location of education and services.--The
State educational agency may provide special education and
related services under paragraph (1) in such manner and at such
locations (including regional or State centers) as the State
agency considers appropriate. Such education and services shall
be provided in accordance with this part.
``(h) State Agency Eligibility.--Any State agency that desires to
receive a subgrant for any fiscal year under section 611(f) shall
demonstrate to the satisfaction of the State educational agency that--
``(1) all children with disabilities who are participating
in programs and projects funded under this part receive a free
appropriate public education, and that those children and their
parents are provided all the rights and procedural safeguards
described in this part; and
``(2) the agency meets such other conditions of this
section as the Secretary determines to be appropriate.
``(i) Disciplinary Information.--The State may require that a local
educational agency include in the records of a child with a disability
a statement of any current or previous disciplinary action that has
been taken against the child and transmit such statement to the same
extent that such disciplinary information is included in, and
transmitted with, the student records of nondisabled children. The
statement may include a description of any behavior engaged in by the
child that required disciplinary action, a description of the
disciplinary action taken, and any other information that is relevant
to the safety of the child and other individuals involved with the
child. If the State adopts such a policy, and the child transfers from
1 school to another, the transmission of any of the child's records
shall include both the child's current individualized education program
and any such statement of current or previous disciplinary action that
has been taken against the child.
``(j) State Agency Flexibility.--
``(1) Treatment of federal funds in certain fiscal years.--
If a State educational agency pays or reimburses local
educational agencies within the State for not less than 80
percent of the non-Federal share of the costs of special
education and related services, or the State is the sole
provider of free appropriate public education or direct
services pursuant to section 612(b), then the State educational
agency, notwithstanding sections 612(a) (17) and (18) and
612(b), may treat funds allocated pursuant to section 611 as
general funds available to support the educational purposes
described in paragraph (2) (A) and (B).
``(2) Conditions.--A State educational agency may use funds
in accordance with paragraph (1) subject to the following
conditions:
``(A) 8 percent rule.--A State educational agency
may treat not more than 8 percent of the funds the
State educational agency receives under this part as
general funds to support any educational purpose
described in the Elementary and Secondary Education Act
of 1965, needs-based student or teacher higher
education programs, or the non-Federal share of costs
of title XIX of the Social Security Act.
``(B) 40 percent rule.--For any fiscal year for
which States are allocated the maximum amount of grants
pursuant to section 611(a)(2), a State educational
agency may treat not more than 40 percent of the amount
of funds the State educational agency receives under
this part as general funds to support any educational
purpose described in the Elementary and Secondary
Education Act of 1965, needs-based student or teacher
higher education programs, or the non-Federal share of
costs of title XIX of the Social Security Act, subject
to subparagraph (C).
``(C) Requirement.--A State educational agency may
exercise its authority pursuant to subparagraph (B)
only if the State educational agency uses an amount of
the 40 percent funds from subparagraph (B) that
represents 15 percent of the total amount of funds the
State educational agency receives under this part, to
provide, or to pay or reimburse local educational
agencies for providing, early intervening prereferral
services pursuant to subsection (f).
``(2) Prohibition.--Notwithstanding subsection (a), if the
Secretary determines that a State educational agency is unable
to establish, maintain, or oversee programs of free appropriate
public education that meet the requirements of this part, then
the Secretary shall prohibit the State educational agency from
treating funds allocated under this part as general funds
pursuant to paragraph (1).
``(3) Report.--For each fiscal year for which a State
educational agency exercises its authority pursuant to
paragraph (1) and treats Federal funds as general funds, the
State educational agency shall report to the Secretary the
amount of funds so treated and the activities that were funded
with such funds.
``SEC. 614. EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED
EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS.
``(a) Evaluations 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.--Such initial evaluation shall
consist of procedures--
``(i) to determine whether a child is a
child with a disability (as defined in section
602(3)) within 60 days of receiving parental
consent for the evaluation, or, if the State
has established a timeframe within which the
evaluation must be conducted, within such
timeframe; and
``(ii) to determine the educational needs
of such child.
``(D) Parental consent.--
``(i) In general.--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(3) (A) or
(B) shall obtain an informed consent from the
parent of such child before the evaluation is
conducted. Parental consent for evaluation
shall not be construed as consent for placement
for receipt of special education and related
services.
``(ii) Refusal.--If the parents of such
child refuse consent for the evaluation, the
agency may continue to pursue an evaluation by
utilizing the mediation and due process
procedures under section 615, except to the
extent inconsistent with State law relating to
parental consent.
``(iii) Refusal or failure to consent.--If
the parent of a child does not provide informed
consent to the receipt of special education and
related services, or the parent fails to
respond to a request to provide the consent,
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.
``(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 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
curriculum, or for preschool children, to
participate in appropriate activities;
``(B) not use any single procedure, 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) tests 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, to
the extent practicable, in the language and
form most likely to yield accurate information
on what the child knows and can do
academically, developmentally, and
functionally;
``(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 tests;
``(B) the child is assessed in all areas of
suspected disability; and
``(C) assessment tools and strategies that provide
relevant information that directly assists persons in
determining the educational needs of the child are
provided.
``(4) Determination of eligibility.--Upon completion of
administration of tests and other evaluation materials--
``(A) the determination of whether the child is a
child with a disability as defined in section 602(3)
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 scientifically based instruction in
reading;
``(B) lack of instruction in mathematics; or
``(C) limited English proficiency.
``(6) Specific learning disabilities.--
``(A) In general.--Notwithstanding section 607,
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.
``(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 described in
subsection (d)(1)(B) and other qualified professionals, as
appropriate, shall--
``(A) review existing evaluation data on the child,
including evaluations and information provided by the
parents of the child, current classroom-based
assessments, and observations, and teacher and related
services providers observations; 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 has a particular
category of disability, as described in section
602(3), or, in case of a reevaluation of a
child, whether the child continues to have such
a disability;
``(ii) the present levels of performance
and educational needs of the child;
``(iii) whether the child needs special
education and related services, or in the case
of a reevaluation of a child, whether the child
continues to need special education and related
services; and
``(iv) whether any additions or
modifications to the special education and
related services are needed to enable the child
to meet the measurable annual goals set out in
the individualized education program of the
child and to participate, as appropriate, in
the general curriculum.
``(2) Source of data.--The local educational agency shall
administer such tests and other evaluation materials as may be
needed to produce the data identified 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 the local educational agency 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 is or continues to be a child with a
disability 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 is
or continues to be a child with a disability;
and
``(B) shall not be required to conduct such an
assessment unless requested 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 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 any further recommendations on
how to assist the child in meeting the child's
postsecondary goals.
``(d) Individualized Education Programs.--
``(1) Definitions.--As used 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 curriculum; or
``(bb) for preschool
children, as appropriate, how
the disability affects the
child's participation in
appropriate activities;
``(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
curriculum; and
``(bb) meet each of the
child's other educational needs
that result from the child's
disability;
``(III) a statement of how the
child's progress toward the annual
goals described in subclause (II) will
be measured, including through the use
of quarterly or other periodic reports,
concurrent with the issuance of report
cards, that delineate the progress the
child is making toward meeting the
annual goals;
``(IV) a statement of the special
education and related services, and
supplementary aids and services, 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 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
paragraph;
``(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 14, 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 by the child to
reach those goals, including
services to be provided by
other agencies when needed; and
``(cc) beginning at least 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 `individualized education program team' or `IEP
Team' means a group of individuals composed of--
``(i) the parents of a child with a
disability;
``(ii) at least 1 regular education teacher
of such child (if the child is, or may be,
participating in the regular education
environment);
``(iii) at least 1 special education
teacher, or where appropriate, at least 1
special education provider of such child;
``(iv) a representative of the local
educational agency who--
``(I) is qualified to provide, or
supervise the provision of, specially
designed instruction to meet the unique
needs of children with disabilities;
``(II) is knowledgeable about the
general curriculum; and
``(III) is knowledgeable about the
availability of resources of the local
educational agency;
``(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) 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) whenever appropriate, the child
with a disability.
``(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 no modification to the member's area of
the curriculum or related services is 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 input
into the development of the IEP prior
to the meeting.
``(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 its 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), an individualized family
service plan that contains the material described in
section 636, and that is developed in accordance with
this section, 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.
``(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,
provide for 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--
``(I) 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; and
``(II) consider, when appropriate,
instructional services related to
functional performance skills,
orientation and mobility, and skills in
the use of assistive technology
devices, including low vision devices;
``(iv) 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, and access to the
general curriculum and instruction at the
child's academic level in the child's language
and communication mode; and
``(v) consider whether the child requires
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 remainder of the school year, and
instead 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 reevaluations of a child
with IEP Team meetings for the child.
``(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 than annually, to determine
whether the annual goals for the child are
being achieved; and
``(ii) revise the IEP as appropriate to
address--
``(I) any lack of expected progress
toward the annual goals and in the
general 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) Three-year iep.--
``(A) Development of 3-year iep.--The local
educational agency may offer a child with a disability
who has reached the age of 18, the option of developing
a comprehensive 3-year IEP. With the consent of the
parent, when appropriate, the IEP Team shall develop an
IEP, as described in paragraphs (1) and (3), that is
designed to serve the child for the final 3-year
transition period, which includes a statement of--
``(i) measurable goals that will enable the
child to be involved in and make progress in
the general education curriculum and that will
meet the child's transitional and postsecondary
needs that result from the child's disability;
and
``(ii) measurable annual goals for
measuring progress toward meeting the
postsecondary goals described in clause (i).
``(B) Review and revision of 3-year iep.--
``(i) Requirement.--Each year the local
educational agency shall ensure that the IEP
Team--
``(I) provides an annual review of
the child's IEP to determine the
child's current levels of progress and
determine whether the annual goals for
the child are being achieved; and
``(II) revises the IEP, as
appropriate, to enable the child to
continue to meet the measurable
transition goals set out in the IEP.
``(ii) Comprehensive review.--If the review
under clause (i) determines that the child is
not making sufficient progress toward the goals
described in subparagraph (A), the local
educational agency shall ensure that the IEP
Team provides a review, within 30 calendar
days, of the IEP under paragraph (4).
``(iii) Preference.--At the request of the
child, or when appropriate, the parent, the IEP
Team shall conduct a review of the child's 3-
year IEP under paragraph (4) rather than an
annual review under subparagraph (B)(i).
``(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 that program.
``(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)(V) (relating
to participation of children with disabilities
in general assessments).
``(ii) The requirements of items (aa) and
(bb) of paragraph (1)(A)(i)(VII) (relating to
transition planning and transition services),
do not apply with respect to such children
whose eligibility under this part will end,
because of their age, before they 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
614(d)(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, 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.
``SEC. 615. PROCEDURAL SAFEGUARDS.
``(a) Establishment of Procedures.--Any State educational agency,
State agency, or local educational agency that receives assistance
under this part shall establish and maintain procedures in accordance
with this section to ensure that children with disabilities and their
parents are guaranteed procedural safeguards with respect to the
provision of free appropriate public education by such agencies.
``(b) Types of Procedures.--The procedures required by this section
shall include--
``(1) an opportunity for the parents of a child with a
disability to examine all records relating to such child and to
participate in meetings with respect to the identification,
evaluation, and educational placement of the child, and the
provision of a free appropriate public education to such
child, and to obtain an independent educational evaluation of the
child;
``(2) procedures to protect the rights of the child
whenever the parents of the child are not known, the agency
cannot, after reasonable efforts, locate the parents, or the
child is a ward of the State, including the assignment of an
individual (who shall not be an employee of the State
educational agency, the local educational agency, or any other
agency that is involved in the education or care of the child)
to act as a surrogate for the parents;
``(3) written prior notice to the parents of the child, in
accordance with subsection (c)(1), whenever the local
educational agency--
``(A) proposes to initiate or change; or
``(B) refuses to initiate or change,
the identification, evaluation, or educational placement of the
child, or the provision of a free appropriate public education
to the child;
``(4) procedures designed to ensure that the notice
required by paragraph (3) is in the native language of the
parents, unless it clearly is not feasible to do so;
``(5) an opportunity for mediation in accordance with
subsection (e);
``(6) an opportunity for either party to present complaints
with respect to any matter relating to the identification,
evaluation, or educational placement of the child, or the
provision of a free appropriate public education to such child;
``(7)(A) procedures that require either party, or the
attorney representing a party, to provide due process complaint
notice in accordance with subsection (c)(2) (which shall remain
confidential)--
``(i) to the other party, in the complaint filed
under paragraph (6), and forward a copy of such notice
to the State educational agency; and
``(ii) that shall include--
``(I) the name of the child, the address of
the residence of the child, and the name of the
school the child is attending;
``(II) a description of the nature of the
problem of the child relating to such proposed
initiation or change, including facts relating
to such problem; and
``(III) a proposed resolution of the
problem to the extent known and available to
the party at the time; and
``(B) a requirement that a party may not have a due process
hearing until the party, or the attorney representing the
party, files a notice that meets the requirements of
subparagraph (A)(ii);
``(8) a requirement that the local educational agency shall
send a prior written notice pursuant to subsection (c)(1) in
response to a parent's due process complaint notice under
paragraph (7) if the local educational agency has not sent such
a prior written notice to the parent regarding the subject
matter contained in the parent's due process complaint notice;
and
``(9) procedures that require the State educational agency
to develop a model form to assist parents in filing a complaint
and due process complaint notice in accordance with paragraphs
(6) and (7), respectively.
``(c) Notification Requirements.--
``(1) Content of prior written notice.--The prior written
notice of the local educational agency required by subsection
(b)(3) shall include--
``(A) a description of the action proposed or
refused by the agency;
``(B) an explanation of why the agency proposes or
refuses to take the action;
``(C) a description of any other options that the
agency considered and the reasons why those options
were rejected;
``(D) a description of each evaluation procedure,
test, record, or report the agency used as a basis for
the proposed or refused action;
``(E) a description of any other factors that are
relevant to the agency's proposal or refusal;
``(F) a statement that the parents of a child with
a disability have protection under the procedural
safeguards of this part and, if this notice is not an
initial referral for evaluation, the means by which a
copy of a description of the procedural safeguards can
be obtained; and
``(G) sources for parents to contact to obtain
assistance in understanding the provisions of this
part.
``(2) Due process complaint notice.--
``(A) In general.--The due process complaint notice
required under subsection (b)(7)(A) shall be deemed to
be sufficient unless the party receiving the notice
notifies the hearing officer in writing that the party
believes the notice has not met the requirements of
that subsection.
``(B) Timing.--The party sending a hearing officer
notification under subparagraph (A) shall send the
notification within 20 days of receiving the complaint.
``(C) Determination.--Within 5 days of receipt of
the notification provided under subparagraph (B), the
hearing officer shall make a determination on the face
of the notice of whether the notification meets the
requirements of subsection (b)(7)(A).
``(d) Procedural Safeguards Notice.--
``(1) In general.--A copy of the procedural safeguards
available to the parents of a child with a disability shall be
given to the parents only 1 time a year, except that a copy
also shall be given to the parents--
``(A) upon initial referral or parental request for
evaluation;
``(B) upon registration of a complaint under
subsection (b)(6);
``(C) at any individualized education program
meeting required in accordance with subsection (k)(1);
and
``(D) upon request by a parent.
``(2) Contents.--The procedural safeguards notice shall
include a full explanation of the procedural safeguards,
written in the native language of the parents, unless it
clearly is not feasible to do so, and written in an easily
understandable manner, available under this section and under
regulations promulgated by the Secretary relating to--
``(A) independent educational evaluation;
``(B) prior written notice;
``(C) parental consent;
``(D) access to educational records;
``(E) opportunity to present complaints, including
the time period in which to make those complaints;
``(F) the child's placement during pendency of due
process proceedings;
``(G) procedures for students who are subject to
placement in an interim alternative educational
setting;
``(H) requirements for unilateral placement by
parents of children in private schools at public
expense;
``(I) mediation;
``(J) due process hearings, including requirements
for disclosure of evaluation results and
recommendations;
``(K) State-level appeals (if applicable in that
State);
``(L) civil actions, including the time period in
which to file such actions; and
``(M) attorney's fees.
``(e) Mediation.--
``(1) In general.--Any State educational agency or local
educational agency that receives assistance under this part
shall ensure that procedures are established and implemented to
allow parties to disputes involving any matter, including
matters arising prior to the filing of a complaint pursuant to
subsection (b)(6), to resolve such disputes through a mediation
process.
``(2) Requirements.--Such procedures shall meet the
following requirements:
``(A) The procedures shall ensure that the
mediation process--
``(i) is voluntary on the part of the
parties;
``(ii) is not used to deny or delay a
parent's right to a due process hearing under
subsection (f), or to deny any other rights
afforded under this part; and
``(iii) is conducted by a qualified and
impartial mediator who is trained in effective
mediation techniques.
``(B) Opportunity to meet with a disinterested
party.--A local educational agency or a State agency
may establish procedures to offer to parents who choose
not to use the mediation process, an opportunity to
meet, at a time and location convenient to the parents,
with a disinterested party who is under contract with--
``(i) a parent training and information
center or community parent resource center in
the State established under section 671 or 672;
or
``(ii) an appropriate alternative dispute
resolution entity,
to encourage the use, and explain the benefits, of the
mediation process to the parents.
``(C) List of qualified mediators.--The State shall
maintain a list of individuals who are qualified
mediators and knowledgeable in laws and regulations
relating to the provision of special education and
related services.
``(D) Costs.--The State shall bear the cost of the
mediation process, including the costs of meetings
described in subparagraph (B).
``(E) Scheduling and location.--Each session in the
mediation process shall be scheduled in a timely manner
and shall be held in a location that is convenient to
the parties to the dispute.
``(F) Written mediation agreement.--An agreement
reached by the parties to the dispute in the mediation
process shall be set forth in a written mediation
agreement that is enforceable in any State court of
competent jurisdiction or in a district court of the
United States.
``(G) Mediation discussions.--Discussions that
occur during the mediation process shall be
confidential and may not be used as evidence in any
subsequent due process hearings or civil proceedings,
and the parties to the mediation process may be
required to sign a confidentiality pledge prior to the
commencement of such process.
``(f) Impartial Due Process Hearing.--
``(1) In general.--
``(A) Hearing.--Whenever a complaint has been
received under subsection (b)(6) or (k), the parents or
the local educational agency involved in such complaint
shall have an opportunity for an impartial due process
hearing, which shall be conducted by the State
educational agency or by the local educational agency,
as determined by State law or by the State educational
agency.
``(B) Opportunity to resolve complaint.--
``(i) Preliminary meeting.--Prior to the
opportunity for an impartial due process
hearing under subparagraph (A), the local
educational agency shall convene a meeting with
the parents and the IEP Team--
``(I) within 15 days of receiving
notice of the parents' complaint;
``(II) which shall include a
representative of the public agency who
has decisionmaking authority on behalf
of such agency; and
``(III) which may not include an
attorney of the local educational
agency unless the parent is accompanied
by an attorney; and
``(IV) where the parents of the
child discuss their complaint, and the
specific issues that form the basis of
the complaint, and the local
educational agency is provided the
opportunity to resolve the complaint,
unless the parents and the local educational
agency agree in writing to waive such meeting,
or agree to use the mediation process described
in subsection (e).
``(ii) Hearing.--If the local educational
agency has not resolved the complaint to the
satisfaction of the parents within 15 days of
the receipt of the complaint, the due process
hearing may occur, and all of the applicable
timelines for a due process hearing under this
part shall commence.
``(iii) Written settlement agreement.--In
the case that an agreement is reached to
resolve the complaint at such meeting, the
agreement shall be set forth in a written
settlement agreement that is enforceable in any
State court of competent jurisdiction or in a
district court of the United States and signed
by both the parent and a representative of the
public agency who has decisionmaking authority
on behalf of such agency.
``(2) Disclosure of evaluations and recommendations.--
``(A) In general.--Not less than 5 business days
prior to a hearing conducted pursuant to paragraph (1),
each party shall disclose to all other parties all
evaluations completed by that date, and recommendations
based on the offering party's evaluations, that the
party intends to use at the hearing.
``(B) Failure to disclose.--A hearing officer may
bar any party that fails to comply with subparagraph
(A) from introducing the relevant evaluation or
recommendation at the hearing without the consent of the other party.
``(3) Limitations on hearing.--
``(A) Person conducting hearing.--A hearing officer
conducting a hearing pursuant to paragraph (1)(A)
shall, at a minimum--
``(i) not be--
``(I) an employee of the State
educational agency or the local
educational agency involved in the
education or care of the child; or
``(II) a person having a personal
or professional interest that conflicts
with the person's objectivity in the
hearing;
``(ii) possess a fundamental understanding
of this Act, Federal and State regulations
pertaining to this Act, and interpretations of
this Act by State and Federal courts;
``(iii) possess the knowledge and ability
to conduct hearings in accordance with
appropriate, standard legal practice; and
``(iv) possess the knowledge and ability to
render and write decisions in accordance with
appropriate, standard legal practice.
``(B) Subject matter of hearing.--The party
requesting the due process hearing shall not be allowed
to raise issues at the due process hearing that were
not raised in the notice filed under subsection (b)(7),
unless the other party agrees otherwise.
``(C) Rule of construction.--Nothing in this
section shall be construed to preclude a parent from
filing a separate due process complaint on an issue
separate from a due process complaint already filed.
``(D) Statute of limitations.--A parent or public
agency shall request an impartial due process hearing
within 2 years of the date the parent or public agency
knew or should have known about the alleged action that
forms the basis of the complaint, or, if the State has
an explicit time limitation for requesting such a
hearing under this part, in such time as the State law
allows.
``(E) Exception to the statute of limitations.--The
statute of limitations described in subparagraph (D)
shall not apply if the parent was prevented from
requesting the hearing due to--
``(i) failure of the local educational
agency to provide prior written or procedural
safeguards notices;
``(ii) false representations that the local
educational agency was attempting to resolve
the problem forming the basis of the complaint;
or
``(iii) the local educational agency's
withholding of information from parents.
``(F) Decision of hearing officer.--
``(i) In general.--Subject to clause (ii),
a decision made by a hearing officer shall be
made on substantive grounds based on a
determination of whether the child received a
free appropriate public education.
``(ii) Procedural issues.--In matters
alleging a procedural violation, a hearing
officer may find that a child did not receive a
free appropriate public education only if the
procedural inadequacies--
``(I) compromised the child's right
to an appropriate public education;
``(II) seriously hampered the
parents' opportunity to participate in
the process; or
``(III) caused a deprivation of
educational benefits.
``(iii) Enforceability.--A decision made by
the hearing officer is enforceable in any State
court of competent jurisdiction or in a
district court of the United States, unless
either party appeals such decision under the
provision of subsection (g) or (i)(2).
``(G) Rule of construction.--Nothing in this
section shall be construed to affect the right of a
parent to file a complaint with the State educational
agency.
``(g) Appeal.--If the hearing required by subsection (f) is
conducted by a local educational agency, any party aggrieved by the
findings and decision rendered in such a hearing may appeal such
findings and decision to the State educational agency. Such State
educational agency shall conduct an impartial review of such decision.
The officer conducting such review shall make an independent decision
upon completion of such review.
``(h) Safeguards.--Any party to a hearing conducted pursuant to
subsection (f) or (k), or an appeal conducted pursuant to subsection
(g), shall be accorded--
``(1) the right to be accompanied and advised by counsel
and by individuals with special knowledge or training with
respect to the problems of children with disabilities;
``(2) the right to present evidence and confront, cross-
examine, and compel the attendance of witnesses;
``(3) the right to a written, or, at the option of the
parents, electronic verbatim record of such hearing; and
``(4) the right to a written, or, at the option of the
parents, electronic findings of fact and decisions, which
findings and decisions--
``(A) shall be made available to the public
consistent with the requirements of section 617(c)
(relating to the confidentiality of data, information,
and records); and
``(B) shall be transmitted to the advisory panel
established pursuant to section 612(a)(20).
``(i) Administrative Procedures.--
``(1) In general.--
``(A) Decision made in hearing.--A decision made in
a hearing conducted pursuant to subsection (f) or (k)
shall be final, except that any party involved in such
hearing may appeal such decision under the provisions
of subsection (g) and paragraph (2).
``(B) Decision made at appeal.--A decision made
under subsection (g) shall be final, except that any
party may bring an action under paragraph (2).
``(2) Right to bring civil action.--
``(A) In general.--Any party aggrieved by the
findings and decision made under subsection (f) or (k)
who does not have the right to an appeal under
subsection (g), and any party aggrieved by the findings
and decision under this subsection, shall have the
right to bring a civil action with respect to the
complaint presented pursuant to this section, which
action may be brought in any State court of competent
jurisdiction or in a district court of the United
States, without regard to the amount in controversy.
``(B) Limitation.--The party bringing the action
shall have 90 days from the date of the decision of the
hearing officer to bring such an action, or, if the
State has an explicit time limitation for bringing such
action under this part, in such time as the State law
allows.
``(C) Additional requirements.--In any action
brought under this paragraph, the court--
``(i) shall receive the records of the
administrative proceedings;
``(ii) shall hear additional evidence at
the request of a party; and
``(iii) basing its decision on the
preponderance of the evidence, shall grant such
relief as the court determines is appropriate.
``(3) Jurisdiction of district courts; attorneys' fees.--
``(A) In general.--The district courts of the
United States shall have jurisdiction of actions
brought under this section without regard to the amount
in controversy.
``(B) Award of attorneys' fees.--In any action or
proceeding brought under this section, the court, in
its discretion, may award reasonable attorneys' fees as
part of the costs to the parents of a child with a
disability who is the prevailing party.
``(C) Determination of amount of attorneys' fees.--
Fees awarded under this paragraph shall be based on
rates prevailing in the community in which the action
or proceeding arose for the kind and quality of
services furnished. No bonus or multiplier may be used
in calculating the fees awarded under this subsection.
``(D) Prohibition of attorneys' fees and related
costs for certain services.--
``(i) In general.--Attorneys' fees may not
be awarded and related costs may not be
reimbursed in any action or proceeding under
this section for services performed subsequent
to the time of a written offer of settlement to
a parent if--
``(I) the offer is made within the
time prescribed by Rule 68 of the
Federal Rules of Civil Procedure or, in
the case of an administrative
proceeding, at any time more than 10
days before the proceeding begins;
``(II) the offer is not accepted
within 10 days; and
``(III) the court or administrative
hearing officer finds that the relief
finally obtained by the parents is not
more favorable to the parents than the
offer of settlement.
``(ii) IEP team meetings.--Attorneys' fees
may not be awarded relating to any meeting of
the IEP Team unless such meeting is convened as
a result of an administrative proceeding or
judicial action, or, at the discretion of the
State, for a mediation described in subsection
(e).
``(iii) Opportunity to resolve
complaints.--A meeting conducted pursuant to
subsection (f)(1)(B)(i) shall not be
considered--
``(I) a meeting convened as a
result of an administrative hearing or
judicial action; or
``(II) an administrative hearing or
judicial action for purposes of this
paragraph.
``(E) Exception to prohibition on attorneys' fees
and related costs.--Notwithstanding subparagraph (D),
an award of attorneys' fees and related costs may be
made to a parent who is the prevailing party and who
was substantially justified in rejecting the settlement
offer.
``(F) Reduction in amount of attorneys' fees.--
Except as provided in subparagraph (G), whenever the
court finds that--
``(i) the parent, or the parent's attorney,
during the course of the action or proceeding,
unreasonably protracted the final resolution of
the controversy;
``(ii) the amount of the attorneys' fees
otherwise authorized to be awarded unreasonably
exceeds the hourly rate prevailing in the
community for similar services by attorneys of
reasonably comparable skill, reputation, and
experience;
``(iii) the time spent and legal services
furnished were excessive considering the nature
of the action or proceeding; or
``(iv) the attorney representing the parent
did not provide to the local educational agency
the appropriate information in the notice of
the complaint described in subsection
(b)(7)(A),
the court shall reduce, accordingly, the amount of the
attorneys' fees awarded under this section.
``(G) Exception to reduction in amount of
attorneys' fees.--The provisions of subparagraph (F)
shall not apply in any action or proceeding if the
court finds that the State or local educational agency
unreasonably protracted the final resolution of the
action or proceeding or there was a violation of this
section.
``(j) Maintenance of Current Educational Placement.--Except as
provided in subsection (k)(4), during the pendency of any proceedings
conducted pursuant to this section, unless the State or local
educational agency and the parents otherwise agree, the child shall
remain in the then-current educational placement of such child, or, if
applying for initial admission to a public school, shall, with the
consent of the parents, be placed in the public school program until
all such proceedings have been completed.
``(k) Placement in Alternative Educational Setting.--
``(1) Authority of school personnel.--
``(A) In general.--School personnel under this
section may order a change in the placement of a child
with a disability who violates a code of student
conduct to an appropriate interim alternative
educational setting, another setting, or suspension,
for not more than 10 school days (to the extent such
alternatives are applied to children without
disabilities).
``(B) Additional authority.--If school personnel
seek to order a change in placement that would exceed
10 school days and the behavior that gave rise to the
violation of the school code is determined not to be a
manifestation of the child's disability pursuant to
subparagraph (C), the relevant disciplinary procedures
applicable to children without disabilities may be
applied to the child in the same manner in which the
procedures would be applied to children without disabilities, except as
provided in section 612(a)(1).
``(C) Manifestation determination.--
``(i) In general.--Except as provided in
subparagraphs (A) and (D), within 10 school
days of any decision to change the placement of
a child with a disability because of a
violation of a code of student conduct, the IEP
Team shall review all relevant information in
the student's file, any information provided by
the parents, and teacher observations, to
determine--
``(I) if the conduct in question
was the result of the child's
disability; or
``(II) if the conduct in question
resulted from the failure to implement
the IEP or develop and implement
behavioral interventions as required by
section 614(d)(3)(B)(i).
``(ii) Manifestation.--If the IEP Team
determines that either subclause (I) or (II) of
clause (i) is applicable for the child, the
conduct shall be determined to be a
manifestation of the child's disability.
``(D) Special circumstances.--In cases where a
child carries or possesses a weapon at school or a
school function, possesses or uses drugs or sells or
solicits the sale of drugs while at school or a school
function, or has committed serious bodily injury upon
another person while at school or at a school function,
school personnel may remove a student to an interim
alternative educational setting for not more than 45
school days, without regard to whether the behavior is
determined to be a manifestation of the child's
disability.
``(E) Services.--A child with a disability who is
removed from the child's current placement under
subparagraph (B) or (D) shall--
``(i) continue to receive educational
services pursuant to section 612(a)(1), so as
to enable the child to continue to participate
in the general education curriculum, although
in another setting, and to progress toward
meeting the goals set out in the child's IEP;
and
``(ii) receive behavioral intervention
services as described in section
614(d)(3)(B)(i) designed to address the
behavior violation so that the violation does
not recur.
``(2) Determination of setting.--The alternative
educational setting shall be determined by the IEP Team.
``(3) Appeal.--
``(A) In general.--The parent of a child with a
disability who disagrees with any decision regarding
disciplinary action, placement, or the manifestation
determination under this subsection may request a
hearing.
``(B) Authority of hearing officer.--
``(i) In general.--If a parent of a child
with a disability disagrees with a decision as
described in subparagraph (A), the hearing
officer may determine whether the decision
regarding such action was appropriate.
``(ii) Change of placement order.--A
hearing officer under this section may order a
change in placement of a child with a
disability to an appropriate interim
alternative educational setting for not more
than 45 school days if the hearing officer
determines that maintaining the current
placement of such child is substantially likely
to result in injury to the child or to others.
``(4) Placement during appeals.--When a parent requests a
hearing regarding a disciplinary procedure described in
paragraph (1)(B) or challenges the interim alternative
educational setting or manifestation determination--
``(A) the child shall remain in the interim
alternative educational setting pending the decision of
the hearing officer or until the expiration of the time
period provided for in paragraph (1)(B), whichever
occurs first, unless the parent and the State or local
educational agency agree otherwise; and
``(B) the State or local educational agency shall
arrange for an expedited hearing which shall occur
within 20 school days of the date the hearing is
requested.
``(5) Protections for children not yet eligible for special
education and related services.--
``(A) In general.--A child who has not been
determined to be eligible for special education and
related services under this part and who has engaged in
behavior that violates a code of student conduct, may
assert any of the protections provided for in this part
if the local educational agency had knowledge (as
determined in accordance with this paragraph) that the
child was a child with a disability before the behavior
that precipitated the disciplinary action occurred.
``(B) Basis of knowledge.--A local educational
agency shall be deemed to have knowledge that a child
is a child with a disability if, before the behavior
that precipitated the disciplinary action occurred--
``(i) the parent of the child has expressed
concern in writing (unless the parent is
illiterate or has a disability that prevents
compliance with the requirements contained in
this clause) to personnel of the appropriate
educational agency that the child is in need of
special education and related services;
``(ii) the parent of the child has
requested an evaluation of the child pursuant
to section 614;
``(iii) the teacher of the child, or other
personnel of the local educational agency, has
expressed concern about a pattern of behavior
demonstrated by the child, to the director of
special education of such agency or to other
administrative personnel of the agency; or
``(iv) the child has engaged in a pattern
of behavior that should have alerted personnel
of the local educational agency that the child
may be in need of special education and related
services.
``(C) Exception.--A local educational agency shall
not be deemed to have knowledge that the child has a
disability if the parent of the child has not agreed to
allow an evaluation of the child pursuant to section
614.
``(D) Conditions that apply if no basis of
knowledge.--
``(i) In general.--If a local educational
agency does not have knowledge that a child is
a child with a disability (in accordance with
subparagraph (B) or (C)) prior to taking disciplinary measures against
the child, the child may be subjected to disciplinary measures applied
to children without disabilities who engaged in comparable behaviors
consistent with clause (ii).
``(ii) Limitations.--If a request is made
for an evaluation of a child during the time
period in which the child is subjected to
disciplinary measures under paragraph (1), the
evaluation shall be conducted in an expedited
manner. If the child is determined to be a
child with a disability, taking into
consideration information from the evaluation
conducted by the agency and information
provided by the parents, the agency shall
provide special education and related services
in accordance with this part, except that,
pending the results of the evaluation, the
child shall remain in the educational placement
determined by school authorities.
``(6) Referral to and action by law enforcement and
judicial authorities.--
``(A) Construction.--Nothing in this part shall be
construed to prohibit an agency from reporting a crime
committed by a child with a disability to appropriate
authorities or to prevent State law enforcement and
judicial authorities from exercising their
responsibilities with regard to the application of
Federal and State law to crimes committed by a child
with a disability.
``(B) Transmittal of records.--An agency reporting
a crime committed by a child with a disability shall
ensure that copies of the special education and
disciplinary records of the child are transmitted for
consideration by the appropriate authorities to whom
the agency reports the crime.
``(7) Definitions.--For purposes of this subsection, the
following definitions apply:
``(A) Drug.--The term `drug'--
``(i) means a drug or other substance
identified under schedules I, II, III, IV, or V
in section 202(c) of the Controlled Substances
Act (21 U.S.C. 812(c)); and
``(ii) does not include such a substance
that is legally possessed or used under the
supervision of a licensed health-care
professional or that is legally possessed or
used under any other authority under that Act
or under any other provision of Federal law.
``(B) Weapon.--The term `weapon' has the meaning
given the term `dangerous weapon' under section
930(g)(2) of title 18, United States Code.
``(C) Serious bodily injury.--The term `serious
bodily injury' has the meaning given the term `serious
bodily injury' under paragraph (3) of subsection (h) of
section 1365 of title 18, United States Code.
``(l) Rule of Construction.--Nothing in this title shall be
construed to restrict or limit the rights, procedures, and remedies
available under the Constitution, the Americans with Disabilities Act
of 1990, title V of the Rehabilitation Act of 1973, or other Federal
laws protecting the rights of children with disabilities, except that
before the filing of a civil action under such laws seeking relief that
is also available under this part, the procedures under subsections (f)
and (g) shall be exhausted to the same extent as would be required had
the action been brought under this part.
``(m) Transfer of Parental Rights at Age of Majority.--
``(1) In general.--A State that receives amounts from a
grant under this part may provide that, when a child with a
disability reaches the age of majority under State law (except
for a child with a disability who has been determined to be
incompetent under State law)--
``(A) the public agency shall provide any notice
required by this section to both the individual and the
parents;
``(B) all other rights accorded to parents under
this part transfer to the child;
``(C) the agency shall notify the individual and
the parents of the transfer of rights; and
``(D) all rights accorded to parents under this
part transfer to children who are incarcerated in an
adult or juvenile Federal, State, or local correctional
institution.
``(2) Special rule.--If, under State law, a child with a
disability who has reached the age of majority under State law,
who has not been determined to be incompetent, but who is
determined not to have the ability to provide informed consent
with respect to the educational program of the child, the State
shall establish procedures for appointing the parent of the
child, or if the parent is not available, another appropriate
individual, to represent the educational interests of the child
throughout the period of eligibility of the child under this
part.
``SEC. 616. MONITORING, TECHNICAL ASSISTANCE, AND ENFORCEMENT.
``(a) Federal and State Monitoring.--
``(1) In general.--The Secretary shall--
``(A) monitor implementation of this Act through--
``(i) oversight of the States' exercise of
general supervision, as required in section
612(a)(11); and
``(ii) the system of indicators, described
in subsection (b)(2);
``(B) enforce this Act in accordance with
subsection (c); and
``(C) require States to monitor implementation of
this Act by local educational agencies and enforce this
Act in accordance with paragraph (3) of this subsection
and subsection (c).
``(2) Focused monitoring.--The primary focus of Federal and
State monitoring activities described in paragraph (1) shall be
on improving educational results and functional outcomes for
all children with disabilities, while ensuring compliance with
program requirements, with a particular emphasis on those
requirements that are most closely related to improving
educational results for children with disabilities.
``(3) Monitoring priorities.--The Secretary shall monitor,
and shall require States to monitor, the following priority
areas:
``(A) Provision of a free appropriate public
education in the least restrictive environment.
``(B) Provision of transition services, as defined
in section 602(32).
``(C) State exercise of general supervisory
authority, including the effective use of complaint
resolution and mediation.
``(D) Overrepresentation of racial and ethnic
groups in special education and related services, to
the extent the overrepresentation is the result of
inappropriate policies, procedures, and practices.
``(4) Permissive areas of review.--The Secretary may
examine other relevant information and data, including data
provided by States under section 618, and data from the State's
compliance plan under subsection (b)(2)(C).
``(b) Indicators.--
``(1) System.--The Secretary shall implement and administer
a system of required indicators as described in paragraph (2)
that measures the progress of States in improving their
performance under this Act.
``(2) Indicators.--
``(A) In general.--Using the performance indicators
established by States under section 612(a)(15), the
Secretary shall review--
``(i) the performance of children with
disabilities in the State on assessments,
including alternate assessments, dropout rates,
and graduation rates, which for purposes of
this paragraph means the number and percentage
of students with disabilities who graduate with
a regular diploma within the number of years
specified in a student's IEP; and
``(ii) the performance of children with
disabilities in the State on assessments,
including alternate assessments, dropout rates,
and graduation rates, as compared to the
performance and rates for all children.
``(B) Secretary's assessment.--Based on that review
and a review of the State's compliance plan under
subparagraph (C), the Secretary shall assess the
State's progress in improving educational results for
children with disabilities.
``(C) State compliance plan.--Not later than 1 year
after the date of the enactment of the Individuals with
Disabilities Education Improvement Act of 2003, each
State shall have in place a compliance plan developed
in collaboration with the Secretary. Each State's
compliance plan shall--
``(i) include benchmarks to measure
continuous progress on the priority areas
described in subsection (a)(3);
``(ii) describe strategies the State will
use to achieve the benchmarks; and
``(iii) be approved by the Secretary.
``(3) Data collection and analysis.--The Secretary shall--
``(A) review the data collection and analysis
capacity of States to ensure that data and information
determined necessary for implementation of this
subsection is collected, analyzed, and accurately
reported to the Secretary; and
``(B) provide technical assistance to improve the
capacity of States to meet these data collection
requirements.
``(c) Compliance and Enforcement.--
``(1) In general.--The Secretary shall examine relevant
State information and data annually, to determine whether the
State is making satisfactory progress toward improving
educational results for children with disabilities using the
indicators described in subsection (b)(2)(A) and the benchmarks
established in the State compliance plan under subsection
(b)(2)(C), and is in compliance with the provisions of this
Act.
``(2) Lack of satisfactory progress by a state.--
``(A) In general.--If after examining data, as
provided in subsection (b)(2) (A) and (C), the
Secretary determines that a State failed to make
satisfactory progress in meeting the indicators
described in subsection (b)(2)(A) or has failed to meet
the benchmarks described in subsection (b)(2)(C) for 2
consecutive years after the State has developed its
compliance plan, the Secretary shall notify the State
that the State has failed to make satisfactory
progress, and shall take 1 or more of the following
actions:
``(i) Direct the use of State level funds
for technical assistance, services, or other
expenditures to ensure that the State resolves
the area or areas of unsatisfactory progress.
``(ii) Withhold not less than 20, but not
more than 50, percent of the State's funds for
State administration and activities for the
fiscal year under section 611(e), after
providing the State the opportunity to show
cause why the withholding should not occur,
until the Secretary determines that sufficient
progress has been made in improving educational
results for children with disabilities.
``(B) Additional secretarial action.--If, at the
end of the 5th year after the Secretary has approved
the compliance plan that the State has developed under
subsection (b)(2)(C), the Secretary determines that a
State failed to meet the benchmarks in the State
compliance plan and make satisfactory progress in
improving educational results for children with
disabilities pursuant to the indicators described in
subsection (b)(2)(A), the Secretary shall take 1 or
more of the following actions:
``(i) Seek to recover funds under section
452 of the General Education Provisions Act.
``(ii) After providing reasonable notice
and an opportunity for a hearing to the State
educational agency involved, withhold, in whole
or in part, any further payments to the State
under this part pursuant to subsection (c)(5).
``(iii) After providing reasonable notice
and an opportunity for a hearing to the State
educational agency involved, refer the matter
for appropriate enforcement action, which may
include referral to the Department of Justice.
``(iv) Pending the outcome of any hearing
to withhold payments under clause (ii), the
Secretary may suspend payments to a recipient,
suspend the authority of the recipient to
obligate Federal funds, or both, after such
recipient has been given reasonable notice and an opportunity to show
cause why future payments or authority to obligate Federal funds should
not be suspended.
``(C) Substantial noncompliance.--Notwithstanding
subparagraph (B), at any time that the Secretary
determines that a State is not in substantial
compliance with any provision of this part or that
there is a substantial failure to comply with any
condition of a local agency's or State agency's
eligibility under this part, the Secretary shall take 1
or more of the following actions:
``(i) Request that the State prepare a
corrective action plan or improvement plan if
the Secretary determines that the State should
be able to correct the problem within 1 year.
``(ii) Identify the State as a high-risk
grantee and impose special conditions on the
State's grant under this part.
``(iii) Require the State to enter into a
compliance agreement under section 457 of the
General Education Provisions Act, if the
Secretary has reason to believe that the State
cannot correct the problem within 1 year.
``(iv) Recovery of funds under section 452
of the General Education Provisions Act.
``(v) After providing reasonable notice and
an opportunity for a hearing to the State
educational agency involved, withhold, in whole
or in part, any further payments to the State
under this part.
``(vi) After providing reasonable notice
and an opportunity for a hearing to the State
educational agency involved, refer the matter
for appropriate enforcement action, which may
include referral to the Department of Justice.
``(vii) Pending the outcome of any hearing
to withhold payments under clause (v), the
Secretary may suspend payments to a recipient,
suspend the authority of the recipient to
obligate Federal funds, or both, after such
recipient has been given reasonable notice and
an opportunity to show cause why future
payments or authority to obligate Federal funds
should not be suspended.
``(3) Egregious noncompliance.--At any time that the
Secretary determines that a State is in egregious noncompliance
or is willfully disregarding the provisions of this Act, the
Secretary shall take such additional enforcement actions as the
Secretary determines to be appropriate from among those actions
specified in paragraph (2)(C), and, additionally, may impose 1
or more of the following sanctions upon that State:
``(A) Institute a cease and desist action under
section 456 of the General Education Provisions Act.
``(B) Refer the case to the Office of the Inspector
General.
``(4) Report to congress.--The Secretary shall report to
Congress within 30 days of taking enforcement action pursuant
to paragraph (2) (B) or (C), or (3), on the specific action
taken and the reasons why enforcement action was taken.
``(5) Nature of withholding.--If the Secretary withholds
further payments under paragraphs (2)(B)(ii) and (2)(C)(v), the
Secretary may determine that such withholding will be limited
to programs or projects, or portions thereof, affected by the
failure, or that the State educational agency shall not make
further payments under this part to specified local educational
agencies or State agencies affected by the failure. Until the
Secretary is satisfied that there is no longer any failure to
make satisfactory progress as specified in paragraph (2)(B), or
to comply with the provisions of this part, as specified in
paragraph (2)(C), payments to the State under this part shall
be withheld in whole or in part, or payments by the State
educational agency under this part shall be limited to local
educational agencies and State agencies whose actions did not
cause or were not involved in the failure, as the case may be.
Any State educational agency, State agency, or local
educational agency that has received notice under paragraph
(2)(B) or (2)(C) shall, by means of a public notice, take such
measures as may be necessary to bring the pendency of an action
pursuant to this subsection to the attention of the public
within the jurisdiction of such agency.
``(6) Judicial review.--
``(A) In general.--If any State is dissatisfied
with the Secretary's final action with respect to the
eligibility of the State under section 612, such State
may, not later than 60 days after notice of such
action, file with the United States court of appeals
for the circuit in which such State is located a
petition for review of that action. A copy of the
petition shall be forthwith transmitted by the clerk of
the court to the Secretary. The Secretary thereupon
shall file in the court the record of the proceedings
upon which the Secretary's action was based, as
provided in section 2112 of title 28, United States
Code.
``(B) Jurisdiction; review by united states supreme
court.--Upon the filing of such petition, the court
shall have jurisdiction to affirm the action of the
Secretary or to set it aside, in whole or in part. The
judgment of the court shall be subject to review by the
Supreme Court of the United States upon certiorari or
certification as provided in section 1254 of title 28,
United States Code.
``(C) Standard of review.--The findings of fact by
the Secretary, if supported by substantial evidence,
shall be conclusive, but the court, for good cause
shown, may remand the case to the Secretary to take
further evidence, and the Secretary may thereupon make
new or modified findings of fact and may modify the
Secretary's previous action, and shall file in the
court the record of the further proceedings. Such new
or modified findings of fact shall likewise be
conclusive if supported by substantial evidence.
``(d) Divided State Agency Responsibility.--For purposes of this
section, where responsibility for ensuring that the requirements of
this part are met with respect to children with disabilities who are
convicted as adults under State law and incarcerated in adult prisons
is assigned to a public agency other than the State educational agency
pursuant to section 612(a)(11)(C), the Secretary, in instances where
the Secretary finds that the failure to comply substantially with the
provisions of this part are related to a failure by the public agency,
shall take appropriate corrective action to ensure compliance with this
part, except that--
``(1) any reduction or withholding of payments to the State
shall be proportionate to the total funds allotted under
section 611 to the State as the number of eligible children
with disabilities in adult prisons under the supervision of the
other public agency is proportionate to the number of eligible
individuals with disabilities in the State under the
supervision of the State educational agency; and
``(2) any withholding of funds under paragraph (1) shall be
limited to the specific agency responsible for the failure to
comply with this part.
``(e) State and Local Monitoring.--
``(1) In general.--The State educational agency shall
monitor and enforce implementation of this Act, implement a
system of monitoring the benchmarks in the State's compliance
plan under subsection (b)(2)(C), and require local educational
agencies to monitor and enforce implementation of this Act.
``(2) Additional enforcement options.--If a State
educational agency determines that a local educational agency
is not meeting the requirements of this part, including the
benchmarks in the State's compliance plan, the State
educational agency shall prohibit the local educational agency
from treating funds received under this part as local funds
under section 613(a)(2)(C) for any fiscal year.
``SEC. 617. ADMINISTRATION.
``(a) Responsibilities of Secretary.--The Secretary shall--
``(1) cooperate with, and (directly or by grant or
contract) furnish technical assistance necessary to, a State in
matters relating to--
``(A) the education of children with disabilities;
and
``(B) carrying out this part; and
``(2) provide short-term training programs and institutes.
``(b) Rules and Regulations.--In carrying out the provisions of
this part, the Secretary shall issue regulations under this Act only to
the extent that such regulations are necessary to ensure that there is
compliance with the specific requirements of this Act.
``(c) Confidentiality.--The Secretary shall take appropriate
action, in accordance with section 444 of the General Education
Provisions Act (20 U.S.C. 1232g), to assure the protection of the
confidentiality of any personally identifiable data, information, and
records collected or maintained by the Secretary and by State and local
educational agencies pursuant to this part.
``(d) Personnel.--The Secretary is authorized to hire qualified
personnel necessary to carry out the Secretary's duties under
subsection (a) and under sections 618, 661, and 664, without regard to
the provisions of title 5, United States Code, relating to appointments
in the competitive service and without regard to chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and general schedule pay rates, except that not more than 20 such
personnel shall be employed at any 1 time.
``(e) Model Forms.--Not later than the date that the Secretary
publishes final regulations under this Act, to implement amendments
made by the Individuals with Disabilities Education Improvement Act of
2003, the Secretary shall publish and disseminate widely to States,
local educational agencies, and parent and community training and
information centers--
``(1) a model IEP form;
``(2) a model form of the notice of procedural safeguards
described in section 615(d); and
``(3) a model form of the prior written notice described in
section 615 (b)(3) and (c)(1) that is consistent with the
requirements of this part and is sufficient to meet such
requirements.
``SEC. 618. PROGRAM INFORMATION.
``(a) In General.--Each State that receives assistance under this
part, and the Secretary of the Interior, shall provide data each year
to the Secretary of Education on--
``(1)(A)--the number and percentage of children with
disabilities, by race, ethnicity, limited English proficiency
status, and disability category, who are receiving a free
appropriate public education;
``(B) the number and percentage of children with
disabilities, by race, ethnicity, and limited English
proficiency status who are receiving early intervention
services;
``(C) the number and percentage of children with
disabilities, by race, ethnicity, limited English proficiency
status, and disability category, who are participating in
regular education;
``(D) the number and percentage of children with
disabilities, by race, ethnicity, limited English proficiency
status, and disability category, who are in separate classes,
separate schools or facilities, or public or private
residential facilities;
``(E) the number and percentage of children with
disabilities, by race, ethnicity, limited English proficiency
status, and disability category, who, for each year of age from
age 14 through 21, stopped receiving special education and
related services because of program completion or other
reasons, and the reasons why those children stopped receiving
special education and related services;
``(F) the number and percentage of children with
disabilities, by race, and ethnicity, who, from birth through
age 2, stopped receiving early intervention services because of
program completion or for other reasons;
``(G)(i) the number and percentage of children with
disabilities, by race, ethnicity, limited English proficiency
status, and disability category, who are removed to an interim
alternative educational setting under section 615(k)(1);
``(ii) the acts or items precipitating those removals; and
``(iii) the number of children with disabilities who are
subject to long-term suspensions or expulsions;
``(H) the incidence and duration of disciplinary actions by
race, ethnicity, limited English proficiency status, and
disability category, of children with disabilities, including
suspensions of 1 day or more;
``(I) the number and percentage of children with
disabilities who are removed to alternative educational
settings or expelled as compared to children without
disabilities who are removed to alternative educational
settings or expelled;
``(J) the number of due process complaints filed under
section 615 and the number of hearings conducted;
``(K) the number of hearings requested under section 615(k)
and the number of changes in placements ordered as a result of
those hearings;
``(L) the number of hearings requested under section
615(k)(3)(B) and the number of changes in placements ordered as
a result of those hearings; and
``(M) the number of mediations held and the number of
settlement agreements reached through such mediations;
``(2) the number and percentage of infants and toddlers, by
race, and ethnicity, who are at risk of having substantial
developmental delays (as defined in section 632), and who are
receiving early intervention services under part C; and
``(3) any other information that may be required by the
Secretary.
``(b) Technical Assistance.--The Secretary may provide technical
assistance to States to ensure compliance with the data collection and
reporting requirements under this Act.
``(c) Disproportionality.--
``(1) In general.--Each State that receives assistance
under this part, and the Secretary of the Interior, shall
provide for the collection and examination of data to determine
if significant disproportionality based on race is occurring in
the State with respect to--
``(A) the identification of children as children
with disabilities, including the identification of
children as children with disabilities in accordance
with a particular impairment described in section
602(3);
``(B) the placement in particular educational
settings of such children; and
``(C) the incidence, duration, and type of
disciplinary actions, including suspensions and
expulsions.
``(2) Review and revision of policies, practices, and
procedures.--In the case of a determination of significant
disproportionality with respect to the identification of
children as children with disabilities, or the placement in
particular educational settings of such children, in accordance
with paragraph (1), the State or the Secretary of the Interior,
as the case may be, shall provide for the review and, if
appropriate, revision of the policies, procedures, and
practices used in such identification or placement to ensure
that such policies, procedures, and practices comply with the
requirements of this Act.
``SEC. 619. PRESCHOOL GRANTS.
``(a) In General.--The Secretary shall provide grants under this
section to assist States to provide special education and related
services, in accordance with this part--
``(1) to children with disabilities aged 3 through 5,
inclusive; and
``(2) at the State's discretion, to 2-year-old children
with disabilities who will turn 3 during the school year.
``(b) Eligibility.--A State shall be eligible for a grant under
this section if such State--
``(1) is eligible under section 612 to receive a grant
under this part; and
``(2) makes a free appropriate public education available
to all children with disabilities, aged 3 through 5, residing
in the State.
``(c) Allocations to States.--
``(1) In general.--The Secretary shall allocate the amount
made available to carry out this section for a fiscal year
among the States in accordance with paragraph (2) or (3), as
the case may be.
``(2) Increase in funds.--If the amount available for
allocations to States under paragraph (1) is equal to or
greater than the amount allocated to the States under this
section for the preceding fiscal year, those allocations shall
be calculated as follows:
``(A) Allocation.--
``(i) In general.--Except as provided in
subparagraph (B), the Secretary shall--
``(I) allocate to each State the
amount the State received under this
section for fiscal year 1997;
``(II) allocate 85 percent of any
remaining funds to States on the basis
of the States' relative populations of
children aged 3 through 5; and
``(III) allocate 15 percent of
those remaining funds to States on the
basis of the States' relative
populations of all children aged 3
through 5 who are living in poverty.
``(ii) Data.--For the purpose of making
grants under this paragraph, the Secretary
shall use the most recent population data,
including data on children living in poverty,
that are available and satisfactory to the
Secretary.
``(B) Limitations.--Notwithstanding subparagraph
(A), allocations under this paragraph shall be subject
to the following:
``(i) Preceding years.--No State's
allocation shall be less than its allocation
under this section for the preceding fiscal
year.
``(ii) Minimum.--No State's allocation
shall be less than the greatest of--
``(I) the sum of--
``(aa) the amount the State
received under this section for
fiscal year 1997; and
``(bb) \1/3\ of 1 percent
of the amount by which the
amount appropriated under
subsection (j) for the fiscal
year exceeds the amount
appropriated for this section
for fiscal year 1997;
``(II) the sum of--
``(aa) the amount the State
received under this section for
the preceding fiscal year; and
``(bb) that amount
multiplied by the percentage by
which the increase in the funds
appropriated under this section
from the preceding fiscal year
exceeds 1.5 percent; or
``(III) the sum of--
``(aa) the amount the State
received under this section for
the preceding fiscal year; and
``(bb) that amount
multiplied by 90 percent of the
percentage increase in the
amount appropriated under this
section from the preceding
fiscal year.
``(iii) Maximum.--Notwithstanding clause
(ii), no State's allocation under this
paragraph shall exceed the sum of--
``(I) the amount the State received
under this section for the preceding
fiscal year; and
``(II) that amount multiplied by
the sum of 1.5 percent and the
percentage increase in the amount
appropriated under this section from
the preceding fiscal year.
``(C) Ratable reductions.--If the amount available
for allocations under this paragraph is insufficient to
pay those allocations in full, those allocations shall
be ratably reduced, subject to subparagraph (B)(i).
``(3) Decrease in funds.--If the amount available for
allocations to States under paragraph (1) is less than the
amount allocated to the States under this section for the
preceding fiscal year, those allocations shall be calculated as
follows:
``(A) Allocations.--If the amount available for
allocations is greater than the amount allocated to the
States for fiscal year 1997, each State shall be
allocated the sum of--
``(i) the amount the State received under
this section for fiscal year 1997; and
``(ii) an amount that bears the same
relation to any remaining funds as the increase
the State received under this section for the
preceding fiscal year over fiscal year 1997
bears to the total of all such increases for
all States.
``(B) If the amount available for allocations under
this paragraph is equal to or less than the amount
allocated under this section to the States for fiscal
year 1997, each State shall be allocated the amount the
State received for that year, ratably reduced, if
necessary.
``(d) Reservation for State Activities.--
``(1) In general.--Each State may reserve not more than the
amount described in paragraph (2) for administration and other
State-level activities in accordance with subsections (e) and
(f).
``(2) Amount described.--For each fiscal year, the
Secretary shall determine and report to the State educational
agency an amount that is 25 percent of the amount the State
received under this section for fiscal year 1997, cumulatively
adjusted by the Secretary for each succeeding fiscal year by
the lesser of--
``(A) the percentage increase, if any, from the
preceding fiscal year in the State's allocation under
this section; or
``(B) the percentage increase, if any, from the
preceding fiscal year in the Consumer Price Index For
All Urban Consumers published by the Bureau of Labor
Statistics of the Department of Labor.
``(e) State Administration.--
``(1) In general.--For the purpose of administering this
section (including the coordination of activities under this
part with, and providing technical assistance to, other
programs that provide services to children with disabilities) a
State may use not more than 20 percent of the maximum amount
the State may reserve under subsection (d) for any fiscal year.
``(2) Administration of part c.--Funds described in
paragraph (1) may also be used for the administration of part C
of this Act, if the State educational agency is the lead agency
for the State under that part.
``(f) Other State-Level Activities.--Each State shall use any funds
the State reserves under subsection (d) and does not use for
administration under subsection (e)--
``(1) for support services (including establishing and
implementing the mediation process required by section 615(e)),
which may benefit children with disabilities younger than 3 or
older than 5 as long as those services also benefit children
with disabilities aged 3 through 5;
``(2) for direct services for children eligible for
services under this section;
``(3) for activities at the State and local levels to meet
the performance goals established by the State under section
612(a)(15) and to support implementation of the State plan
under subpart 1 of part D if the State receives funds under
that subpart; or
``(4) to supplement other funds used to develop and
implement a statewide coordinated services system designed to
improve results for children and families, including children
with disabilities and their families, but not more than 1
percent of the amount received by the State under this section
for a fiscal year.
``(g) Subgrants to Local Educational Agencies.--
``(1) Subgrants required.--Each State that receives a grant
under this section for any fiscal year shall distribute all of
the grant funds that the State does not reserve under
subsection (d) to local educational agencies in the State that
have established their eligibility under section 613, as
follows:
``(A) Base payments.--The State shall first award
each local educational agency described in paragraph
(1) the amount that agency would have received under
this section for fiscal year 1997 if the State had
distributed 75 percent of its grant for that year under
section 619(c)(3), as such section was then in effect.
``(B) Allocation of remaining funds.--After making
allocations under subparagraph (A), the State shall--
``(i) allocate 85 percent of any remaining
funds to those local educational agencies on
the basis of the relative numbers of children
enrolled in public and private elementary
schools and secondary schools within the local
educational agency's jurisdiction; and
``(ii) allocate 15 percent of those
remaining funds to those local educational
agencies in accordance with their relative
numbers of children living in poverty, as
determined by the State educational agency.
``(2) Reallocation of funds.--If a State educational agency
determines that a local educational agency is adequately
providing a free appropriate public education to all children
with disabilities aged 3 through 5 residing in the area served
by that agency with State and local funds, the State
educational agency may reallocate any portion of the funds
under this section that are not needed by that local
educational agency to provide a free appropriate public
education to other local educational agencies in the State that
are not adequately providing special education and related
services to all children with disabilities aged 3 through 5
residing in the areas the other local educational agencies
serve.
``(h) Part C Inapplicable.--Part C of this Act does not apply to
any child with a disability receiving a free appropriate public
education, in accordance with this part, with funds received under this
section.
``(i) Definition.--For the purpose of this section, the term
`State' means each of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.
``(j) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated to the
Secretary such sums as may be necessary for each of the fiscal years
2004 through 2009.
``PART C--INFANTS AND TODDLERS WITH DISABILITIES
``SEC. 631. FINDINGS AND POLICY.
``(a) Findings.--Congress finds that there is an urgent and
substantial need--
``(1) to enhance the development of infants and toddlers
with disabilities, to minimize their potential for
developmental delay, and to recognize the significant brain
development which occurs during a child's first 3 years of
life;
``(2) to reduce the educational costs to our society,
including our Nation's schools, by minimizing the need for
special education and related services after infants and
toddlers with disabilities reach school age;
``(3) to maximize the potential for individuals with
disabilities to live independently in society;
``(4) to enhance the capacity of families to meet the
special needs of their infants and toddlers with disabilities;
and
``(5) to enhance the capacity of State and local agencies
and service providers to identify, evaluate, and meet the needs
of all children, particularly minority, low-income, inner city,
and rural children.
``(b) Policy.--It is the policy of the United States to provide
financial assistance to States--
``(1) to develop and implement a statewide, comprehensive,
coordinated, multidisciplinary, interagency system that
provides early intervention services for infants and toddlers
with disabilities and their families;
``(2) to facilitate the coordination of payment for early
intervention services from Federal, State, local, and private
sources (including public and private insurance coverage);
``(3) to enhance State capacity to provide quality early
intervention services and expand and improve existing early
intervention services being provided to infants and toddlers
with disabilities and their families; and
``(4) to encourage States to expand opportunities for
children under 3 years of age who would be at risk of having
substantial developmental delay if they did not receive early
intervention services.
``SEC. 632. DEFINITIONS.
``As used in this part:
``(1) At-risk infant or toddler.--The term `at-risk infant
or toddler' means an individual under 3 years of age who would
be at risk of experiencing a substantial developmental delay if
early intervention services were not provided to the
individual.
``(2) Council.--The term `council' means a State
interagency coordinating council established under section 641.
``(3) Developmental delay.--The term `developmental delay',
when used with respect to an individual residing in a State,
has the meaning given such term by the State under section
635(a)(1).
``(4) Early intervention services.--The term `early
intervention services' means developmental services that--
``(A) are provided under public supervision;
``(B) are provided at no cost except where Federal
or State law provides for a system of payments by
families, including a schedule of sliding fees;
``(C) are designed to meet the developmental needs
of an infant or toddler with a disability in any 1 or
more of the following areas:
``(i) physical development;
``(ii) cognitive development;
``(iii) communication development;
``(iv) social or emotional development; or
``(v) adaptive development;
``(D) meet the standards of the State in which the
services are provided, including the requirements of
this part;
``(E) include--
``(i) family training, counseling, and home
visits;
``(ii) special instruction;
``(iii) speech-language pathology and
audiology services;
``(iv) occupational therapy;
``(v) physical therapy;
``(vi) psychological services;
``(vii) service coordination services;
``(viii) medical services only for
diagnostic or evaluation purposes;
``(ix) early identification, screening, and
assessment services;
``(x) health services necessary to enable
the infant or toddler to benefit from the other
early intervention services;
``(xi) social work services;
``(xii) vision services;
``(xiii) assistive technology devices and
assistive technology services; and
``(xiv) transportation and related costs
that are necessary to enable an infant or
toddler and the infant's or toddler's family to
receive another service described in this
paragraph;
``(F) are provided by qualified personnel,
including--
``(i) special educators;
``(ii) speech-language pathologists and
audiologists;
``(iii) occupational therapists;
``(iv) physical therapists;
``(v) psychologists;
``(vi) social workers;
``(vii) nurses;
``(viii) nutritionists;
``(ix) family therapists;
``(x) orientation and mobility specialists;
and
``(xi) pediatricians and other physicians;
``(G) to the maximum extent appropriate, are
provided in natural environments, including the home,
and community settings in which children without
disabilities participate; and
``(H) are provided in conformity with an
individualized family service plan adopted in
accordance with section 636.
``(5) Infant or toddler with a disability.--The term
`infant or toddler with a disability'--
``(A) means an individual under 3 years of age who
needs early intervention services because the
individual--
``(i) is experiencing developmental delays,
as measured by appropriate diagnostic
instruments and procedures in 1 or more of the
areas of cognitive development, physical
development, communication development, social
or emotional development, and adaptive
development; or
``(ii) has a diagnosed physical or mental
condition which has a high probability of
resulting in developmental delay; and
``(B) may also include, at a State's discretion,
at-risk infants and toddlers.
``SEC. 633. GENERAL AUTHORITY.
``The Secretary shall, in accordance with this part, make grants to
States (from their allotments under section 643) to assist each State
to maintain and implement a statewide, comprehensive, coordinated,
multidisciplinary, interagency system to provide early intervention
services for infants and toddlers with disabilities and their families.
``SEC. 634. ELIGIBILITY.
``In order to be eligible for a grant under section 633, a State
shall demonstrate to the Secretary that the State--
``(1) has adopted a policy that appropriate early
intervention services are available to all infants and toddlers
with disabilities in the State and their families, including
Indian infants and toddlers with disabilities and their
families residing on a reservation geographically located in
the State; and
``(2) has in effect a statewide system that meets the
requirements of section 635.
``SEC. 635. REQUIREMENTS FOR STATEWIDE SYSTEM.
``(a) In General.--A statewide system described in section 633
shall include, at a minimum, the following components:
``(1) A definition of the term `developmental delay' that--
``(A) will be used by the State in carrying out
programs under this part; and
``(B) covers, at a minimum, all infants and
toddlers with--
``(i) a developmental delay of 35 percent
or more in 1 of the developmental areas
described in section 632(5)(A)(i); or
``(ii) a developmental delay of 25 percent
or more in 2 or more of the developmental areas
described in section 632(5)(A)(i).
``(2) A State policy that is in effect and that ensures
that appropriate early intervention services are available to
all infants and toddlers with disabilities and their families,
including Indian infants and toddlers and their families
residing on a reservation geographically located in the State.
``(3) A timely, comprehensive, multidisciplinary evaluation
of the functioning of each infant or toddler with a disability
in the State, and a family-directed identification of the needs
of each family of such an infant or toddler, to appropriately
assist in the development of the infant or toddler.
``(4) For each infant or toddler with a disability in the
State, an individualized family service plan in accordance with
section 636, including service coordination services in
accordance with such service plan.
``(5) A comprehensive child find system, consistent with
part B, including a system for making referrals to service
providers that includes timelines and provides for
participation by primary referral sources.
``(6) A public awareness program focusing on early
identification of infants and toddlers with disabilities,
including the preparation and dissemination by the lead agency
designated or established under paragraph (10) to all primary
referral sources, especially hospitals and physicians, of
information for parents on the availability of early
intervention services, and procedures for determining the
extent to which such sources disseminate such information to
parents of infants and toddlers.
``(7) A central directory that includes information on
early intervention services, resources, and experts available
in the State and research and demonstration projects being
conducted in the State.
``(8) A comprehensive system of personnel development,
including the training of paraprofessionals and the training of
primary referral sources with respect to the basic components
of early intervention services available in the State, which
comprehensive system may include--
``(A) implementing innovative strategies and
activities for the recruitment and retention of early
education service providers;
``(B) promoting the preparation of early
intervention providers who are fully and appropriately
qualified to provide early intervention services under
this part;
``(C) training personnel to work in rural and
inner-city areas; and
``(D) training personnel to coordinate transition
services for infants and toddlers served under this
part from an early intervention program under this part
to preschool or other appropriate services.
``(9) Subject to subsection (b), policies and procedures
relating to the establishment and maintenance of standards to
ensure that personnel necessary to carry out this part are
appropriately and adequately prepared and trained, including
the establishment and maintenance of standards which are
consistent with any State-approved or recognized certification,
licensing, registration, or other comparable requirements which
apply to the area in which such personnel are providing early
intervention services, except that nothing in this part
(including this paragraph) shall be construed to prohibit the
use of paraprofessionals and assistants who are appropriately
trained in accordance with State law, regulation, or written
policy, to assist in the provision of early intervention
services under this part to infants and toddlers with
disabilities.
``(10) A single line of responsibility in a lead agency
designated or established by the Governor for carrying out--
``(A) the general administration and supervision of
programs and activities receiving assistance under
section 633, and the monitoring of programs and
activities used by the State to carry out this part, whether or not
such programs or activities are receiving assistance made available
under section 633, to ensure that the State complies with this part;
``(B) the identification and coordination of all
available resources within the State from Federal,
State, local, and private sources;
``(C) the assignment of financial responsibility in
accordance with section 637(a)(2) to the appropriate
agencies;
``(D) the development of procedures to ensure that
services are provided to infants and toddlers with
disabilities and their families under this part in a
timely manner pending the resolution of any disputes
among public agencies or service providers;
``(E) the resolution of intra- and interagency
disputes; and
``(F) the entry into formal interagency agreements
that define the financial responsibility of each agency
for paying for early intervention services (consistent
with State law) and procedures for resolving disputes
and that include all additional components necessary to
ensure meaningful cooperation and coordination.
``(11) A policy pertaining to the contracting or making of
other arrangements with service providers to provide early
intervention services in the State, consistent with the
provisions of this part, including the contents of the
application used and the conditions of the contract or other
arrangements.
``(12) A procedure for securing timely reimbursements of
funds used under this part in accordance with section 640(a).
``(13) Procedural safeguards with respect to programs under
this part, as required by section 639.
``(14) A system for compiling data requested by the
Secretary under section 618 that relates to this part.
``(15) A State interagency coordinating council that meets
the requirements of section 641.
``(16) Policies and procedures to ensure that, consistent
with section 636(d)(5) to the maximum extent appropriate, early
intervention services are provided in natural environments
unless a specific outcome cannot be met satisfactorily for the
infant or toddler in a natural environment.
``(b) Policy.--In implementing subsection (a)(9), a State may adopt
a policy that includes making ongoing good-faith efforts to recruit and
hire appropriately and adequately trained personnel to provide early
intervention services to infants and toddlers with disabilities,
including, in a geographic area of the State where there is a shortage
of such personnel, the most qualified individuals available who are
making satisfactory progress toward completing applicable coursework
necessary to meet the standards described in subsection (a)(9),
consistent with State law within 3 years.
``SEC. 636. INDIVIDUALIZED FAMILY SERVICE PLAN.
``(a) Assessment and Program Development.--A statewide system
described in section 633 shall provide, at a minimum, for each infant
or toddler with a disability, and the infant's or toddler's family, to
receive--
``(1) a multidisciplinary assessment of the unique
strengths and needs of the infant or toddler and the
identification of services appropriate to meet such needs;
``(2) a family-directed assessment of the resources,
priorities, and concerns of the family and the identification
of the supports and services necessary to enhance the family's
capacity to meet the developmental needs of the infant or
toddler; and
``(3) a written individualized family service plan
developed by a multidisciplinary team, including the parents,
as required by subsection (e), including a description of the
appropriate transition services for the child.
``(b) Periodic Review.--The individualized family service plan
shall be evaluated once a year and the family shall be provided a
review of the plan at 6-month intervals (or more often where
appropriate based on infant or toddler and family needs).
``(c) Promptness After Assessment.--The individualized family
service plan shall be developed within a reasonable time after the
assessment required by subsection (a)(1) is completed. With the
parents' consent, early intervention services may commence prior to the
completion of the assessment.
``(d) Content of Plan.--The individualized family service plan
shall be in writing and contain--
``(1) a statement of the infant's or toddler's present
levels of physical development, cognitive development,
communication development, social or emotional development, and
adaptive development, based on objective criteria;
``(2) a statement of the family's resources, priorities,
and concerns relating to enhancing the development of the
family's infant or toddler with a disability;
``(3) a statement of the measurable outcomes expected to be
achieved for the infant or toddler and the family, including,
as appropriate, pre-literacy and language skills, and the
criteria, procedures, and timelines used to determine the
degree to which progress toward achieving the outcomes is being
made and whether modifications or revisions of the outcomes or
services are necessary;
``(4) a statement of specific early intervention services
necessary to meet the unique needs of the infant or toddler and
the family, including the frequency, intensity, and method of
delivering services;
``(5) a statement of the natural environments in which
early intervention services will appropriately be provided,
including a justification of the extent, if any, to which the
services will not be provided in a natural environment;
``(6) the projected dates for initiation of services and
the anticipated length, duration, and frequency of the
services;
``(7) the identification of the service coordinator from
the profession most immediately relevant to the infant's or
toddler's or family's needs (or who is otherwise qualified to
carry out all applicable responsibilities under this part) who
will be responsible for the implementation of the plan and
coordination with other agencies and persons, including
transition services; and
``(8) the steps to be taken to support the transition of
the toddler with a disability to preschool or other appropriate
services.
``(e) Parental Consent.--The contents of the individualized family
service plan shall be fully explained to the parents and informed
written consent from the parents shall be obtained prior to the
provision of early intervention services described in such plan. If the
parents do not provide consent with respect to a particular early
intervention service, then only the early intervention services to
which consent is obtained shall be provided.
``SEC. 637. STATE APPLICATION AND ASSURANCES.
``(a) Application.--A State desiring to receive a grant under
section 633 shall submit an application to the Secretary at such time
and in such manner as the Secretary may reasonably require. The
application shall contain--
``(1) a designation of the lead agency in the State that
will be responsible for the administration of funds provided
under section 633;
``(2) a designation of an individual or entity responsible
for assigning financial responsibility among appropriate
agencies;
``(3) information demonstrating eligibility of the State
under section 634, including--
``(A) information demonstrating to the Secretary's
satisfaction that the State has in effect the statewide
system required by section 633; and
``(B) a description of services to be provided to
infants and toddlers with disabilities and their
families through the system;
``(4) if the State provides services to at-risk infants and
toddlers through the system, a description of such services;
``(5) a description of the uses for which funds will be
expended in accordance with this part;
``(6) a description of the State policies and procedures
that require the referral for early intervention services of a
child under the age of 3 who--
``(A) is involved in a substantiated case of child
abuse or neglect; or
``(B) is identified as affected by illegal
substance abuse, or withdrawal symptoms resulting from
prenatal drug exposure;
``(7) a description of the procedure used to ensure that
resources are made available under this part for all geographic
areas within the State;
``(8) a description of State policies and procedures that
ensure that, prior to the adoption by the State of any other
policy or procedure necessary to meet the requirements of this
part, there are public hearings, adequate notice of the
hearings, and an opportunity for comment available to the
general public, including individuals with disabilities and
parents of infants and toddlers with disabilities;
``(9) a description of the policies and procedures to be
used--
``(A) to ensure a smooth transition for toddlers
receiving early intervention services under this part
to preschool, other appropriate services, or exiting
the program, including a description of how--
``(i) the families of such toddlers will be
included in the transition plans required by
subparagraph (C); and
``(ii) the lead agency designated or
established under section 635(a)(10) will--
``(I) notify the local educational
agency for the area in which such a
child resides that the child will
shortly reach the age of eligibility
for preschool services under part B, as
determined in accordance with State
law;
``(II) in the case of a child who
may be eligible for such preschool
services, with the approval of the
family of the child, convene a
conference among the lead agency, the
family, and the local educational
agency at least 90 days (and at the
discretion of all such parties, not
more than 6 months) before the child is
eligible for the preschool services, to
discuss any such services that the
child may receive; and
``(III) in the case of a child who
may not be eligible for such preschool
services, with the approval of the
family, make reasonable efforts to
convene a conference among the lead
agency, the family, and providers of
other appropriate services for children
who are not eligible for preschool
services under part B, to discuss the
appropriate services that the child may
receive;
``(B) to review the child's program options for the
period from the child's third birthday through the
remainder of the school year; and
``(C) to establish a transition plan, including, as
appropriate, steps to exit from the program; and
``(10) such other information and assurances as the
Secretary may reasonably require.
``(b) Assurances.--The application described in subsection (a)--
``(1) shall provide satisfactory assurance that Federal
funds made available under section 643 to the State will be
expended in accordance with this part;
``(2) shall contain an assurance that the State will comply
with the requirements of section 640;
``(3) shall provide satisfactory assurance that the control
of funds provided under section 643, and title to property
derived from those funds, will be in a public agency for the
uses and purposes provided in this part and that a public
agency will administer such funds and property;
``(4) shall provide for--
``(A) making such reports in such form and
containing such information as the Secretary may
require to carry out the Secretary's functions under
this part; and
``(B) keeping such reports and affording such
access to the reports as the Secretary may find
necessary to ensure the correctness and verification of
the reports and proper disbursement of Federal funds
under this part;
``(5) provide satisfactory assurance that Federal funds
made available under section 643 to the State--
``(A) will not be commingled with State funds; and
``(B) will be used so as to supplement the level of
State and local funds expended for infants and toddlers
with disabilities and their families and in no case to
supplant those State and local funds;
``(6) shall provide satisfactory assurance that such fiscal
control and fund accounting procedures will be adopted as may
be necessary to ensure proper disbursement of, and accounting
for, Federal funds paid under section 643 to the State;
``(7) shall provide satisfactory assurance that policies
and procedures have been adopted to ensure meaningful
involvement of underserved groups, including minority, low-
income, and rural families, in the planning and implementation
of all the requirements of this part; and
``(8) shall contain such other information and assurances
as the Secretary may reasonably require by regulation.
``(c) Standard for Disapproval of Application.--The Secretary may
not disapprove such an application unless the Secretary determines,
after notice and opportunity for a hearing, that the application fails
to comply with the requirements of this section.
``(d) Subsequent State Application.--If a State has on file with
the Secretary a policy, procedure, or assurance that demonstrates that
the State meets a requirement of this section, including any policy or
procedure filed under part C, as in effect before the date of enactment
of the Individuals with Disabilities Education Improvement Act of 2003,
the Secretary shall consider the State to have met the requirement for
purposes of receiving a grant under this part.
``(e) Modification of Application.--An application submitted by a
State in accordance with this section shall remain in effect until the
State submits to the Secretary such modifications as the State
determines necessary. This section shall apply to a modification of an
application to the same extent and in the same manner as this section
applies to the original application.
``(f) Modifications Required by the Secretary.--The Secretary may
require a State to modify its application under this section, but only
to the extent necessary to ensure the State's compliance with this
part, if--
``(1) an amendment is made to this Act, or a Federal
regulation issued under this Act;
``(2) a new interpretation of this Act is made by a Federal
court or the State's highest court; or
``(3) an official finding of noncompliance with Federal law
or regulations is made with respect to the State.
``SEC. 638. USES OF FUNDS.
``In addition to using funds provided under section 633 to maintain
and implement the statewide system required by such section, a State
may use such funds--
``(1) for direct early intervention services for infants
and toddlers with disabilities, and their families, under this
part that are not otherwise funded through other public or
private sources;
``(2) to expand and improve on services for infants and
toddlers and their families under this part that are otherwise
available;
``(3) to provide a free appropriate public education, in
accordance with part B, to children with disabilities from
their third birthday to the beginning of the following school
year; and
``(4) in any State that does not provide services for at-
risk infants and toddlers under section 637(a)(4), to
strengthen the statewide system by initiating, expanding, or
improving collaborative efforts related to at-risk infants and
toddlers, including establishing linkages with appropriate
public or private community-based organizations, services, and
personnel for the purposes of--
``(A) identifying and evaluating at-risk infants
and toddlers;
``(B) making referrals of the infants and toddlers
identified and evaluated under subparagraph (A); and
``(C) conducting periodic follow-up on each such
referral to determine if the status of the infant or
toddler involved has changed with respect to the
eligibility of the infant or toddler for services under
this part.
``SEC. 639. PROCEDURAL SAFEGUARDS.
``(a) Minimum Procedures.--The procedural safeguards required to be
included in a statewide system under section 635(a)(13) shall provide,
at a minimum, the following:
``(1) The timely administrative resolution of complaints by
parents. Any party aggrieved by the findings and decision
regarding an administrative complaint shall have the right to
bring a civil action with respect to the complaint in any State
court of competent jurisdiction or in a district court of the
United States without regard to the amount in controversy. In
any action brought under this paragraph, the court shall
receive the records of the administrative proceedings, shall
hear additional evidence at the request of a party, and, basing
its decision on the preponderance of the evidence, shall grant
such relief as the court determines is appropriate.
``(2) The right to confidentiality of personally
identifiable information, including the right of parents to
written notice of and written consent to the exchange of such
information among agencies consistent with Federal and State
law.
``(3) The right of the parents to determine whether they,
their infant or toddler, or other family members will accept or
decline any early intervention service under this part in
accordance with State law without jeopardizing other early
intervention services under this part.
``(4) The opportunity for parents to examine records
relating to assessment, screening, eligibility determinations,
and the development and implementation of the individualized
family service plan.
``(5) Procedures to protect the rights of the infant or
toddler whenever the parents of the infant or toddler are not
known or cannot be found or the infant or toddler is a ward of
the State, including the assignment of an individual (who shall
not be an employee of the State lead agency, or other State
agency, and who shall not be any person, or any employee of a
person, providing early intervention services to the infant or
toddler or any family member of the infant or toddler) to act
as a surrogate for the parents.
``(6) Written prior notice to the parents of the infant or
toddler with a disability whenever the State agency or service
provider proposes to initiate or change, or refuses to initiate
or change, the identification, evaluation, or placement of the
infant or toddler with a disability, or the provision of
appropriate early intervention services to the infant or
toddler.
``(7) Procedures designed to ensure that the notice
required by paragraph (6) fully informs the parents, in the
parents' native language, unless it clearly is not feasible to
do so, of all procedures available pursuant to this section.
``(8) The right of parents to use mediation in accordance
with section 615, except that--
``(A) any reference in the section to a State
educational agency shall be considered to be a
reference to a State's lead agency established or
designated under section 635(a)(10);
``(B) any reference in the section to a local
educational agency shall be considered to be a
reference to a local service provider or the State's
lead agency under this part, as the case may be; and
``(C) any reference in the section to the provision
of free appropriate public education to children with
disabilities shall be considered to be a reference to
the provision of appropriate early intervention
services to infants and toddlers with disabilities.
``(b) Services During Pendency of Proceedings.--During the pendency
of any proceeding or action involving a complaint by the parents of an
infant or toddler with a disability, unless the State agency and the
parents otherwise agree, the infant or toddler shall continue to
receive the appropriate early intervention services currently being
provided or, if applying for initial services, shall receive the
services not in dispute.
``SEC. 640. PAYOR OF LAST RESORT.
``(a) Nonsubstitution.--Funds provided under section 643 may not be
used to satisfy a financial commitment for services that would have
been paid for from another public or private source, including any
medical program administered by the Secretary of Defense, but for the
enactment of this part, except that whenever considered necessary to
prevent a delay in the receipt of appropriate early intervention
services by an infant, toddler, or family in a timely fashion, funds
provided under section 643 may be used to pay the provider of services
pending reimbursement from the agency that has ultimate responsibility
for the payment.
``(b) Reduction of Other Benefits.--Nothing in this part shall be
construed to permit the State to reduce medical or other assistance
available or to alter eligibility under title V of the Social Security
Act (relating to maternal and child health) or title XIX of the Social
Security Act (relating to Medicaid for infants or toddlers with
disabilities) within the State.
``SEC. 641. STATE INTERAGENCY COORDINATING COUNCIL.
``(a) Establishment.--
``(1) In general.--A State that desires to receive
financial assistance under this part shall establish a State
interagency coordinating council.
``(2) Appointment.--The council shall be appointed by the
Governor. In making appointments to the council, the Governor
shall ensure that the membership of the council reasonably
represents the population of the State.
``(3) Chairperson.--The Governor shall designate a member
of the council to serve as the chairperson of the council, or
shall require the council to so designate such a member. Any
member of the council who is a representative of the lead
agency designated under section 635(a)(10) may not serve as the
chairperson of the council.
``(b) Composition.--
``(1) In general.--The council shall be composed as
follows:
``(A) Parents.--At least 20 percent of the members
shall be parents of infants or toddlers with
disabilities or children with disabilities aged 12 or
younger, with knowledge of, or experience with,
programs for infants and toddlers with disabilities. At
least 1 such member shall be a parent of an infant or
toddler with a disability or a child with a disability
aged 6 or younger.
``(B) Service providers.--At least 20 percent of
the members shall be public or private providers of
early intervention services.
``(C) State legislature.--At least 1 member shall
be from the State legislature.
``(D) Personnel preparation.--At least 1 member
shall be involved in personnel preparation.
``(E) Agency for early intervention services.--At
least 1 member shall be from each of the State agencies
involved in the provision of, or payment for, early
intervention services to infants and toddlers with
disabilities and their families and shall have
sufficient authority to engage in policy planning and
implementation on behalf of such agencies.
``(F) Agency for preschool services.--At least 1
member shall be from the State educational agency
responsible for preschool services to children with
disabilities and shall have sufficient authority to
engage in policy planning and implementation on behalf
of such agency.
``(G) State medicaid agency.--At least 1 member
shall be from the agency responsible for the State
medicaid program.
``(H) Head start agency.--At least 1 representative
from a Head Start agency or program in the State.
``(I) Child care agency.--At least 1 representative
from a State agency responsible for child care.
``(2) Other members.--The council may include other members
selected by the Governor, including a representative from the
Bureau of Indian Affairs, or where there is no BIA-operated or
BIA-funded school, from the Indian Health Service or the tribe
or tribal council.
``(c) Meetings.--The council shall meet at least quarterly and in
such places as the council determines necessary. The meetings shall be
publicly announced, and, to the extent appropriate, open and accessible
to the general public.
``(d) Management Authority.--Subject to the approval of the
Governor, the council may prepare and approve a budget using funds
under this part to conduct hearings and forums, to reimburse members of
the council for reasonable and necessary expenses for attending council
meetings and performing council duties (including child care for parent
representatives), to pay compensation to a member of the council if the
member is not employed or must forfeit wages from other employment when
performing official council business, to hire staff, and to obtain the
services of such professional, technical, and clerical personnel as may
be necessary to carry out its functions under this part.
``(e) Functions of Council.--
``(1) Duties.--The council shall--
``(A) advise and assist the lead agency designated
or established under section 635(a)(10) in the
performance of the responsibilities set forth in such
section, particularly the identification of the sources
of fiscal and other support for services for early
intervention programs, assignment of financial
responsibility to the appropriate agency, and the
promotion of the interagency agreements;
``(B) advise and assist the lead agency in the
preparation of applications and amendments thereto;
``(C) advise and assist the State educational
agency regarding the transition of toddlers with
disabilities to preschool and other appropriate
services; and
``(D) prepare and submit an annual report to the
Governor and to the Secretary on the status of early
intervention programs for infants and toddlers with
disabilities and their families operated within the
State.
``(2) Authorized activity.--The council may advise and
assist the lead agency and the State educational agency
regarding the provision of appropriate services for children
from birth through age 5. The council may advise appropriate
agencies in the State with respect to the integration of
services for infants and toddlers with disabilities and at-risk
infants and toddlers and their families, regardless of whether
at-risk infants and toddlers are eligible for early
intervention services in the State.
``(f) Conflict of Interest.--No member of the council shall cast a
vote on any matter that is likely to provide a direct financial benefit
to that member or otherwise give the appearance of a conflict of
interest under State law.
``SEC. 642. FEDERAL ADMINISTRATION.
``Sections 616, 617, and 618 shall, to the extent not inconsistent
with this part, apply to the program authorized by this part, except
that--
``(1) any reference in such sections to a State educational
agency shall be considered to be a reference to a State's lead
agency established or designated under section 635(a)(10);
``(2) any reference in such sections to a local educational
agency, educational service agency, or a State agency shall be
considered to be a reference to an early intervention service
provider under this part; and
``(3) any reference to the education of children with
disabilities or the education of all children with disabilities
shall be considered to be a reference to the provision of
appropriate early intervention services to infants and toddlers
with disabilities.
``SEC. 643. ALLOCATION OF FUNDS.
``(a) Reservation of Funds for Outlying Areas.--
``(1) In general.--From the sums appropriated to carry out
this part for any fiscal year, the Secretary may reserve not
more than 1 percent for payments to Guam, American Samoa, the
United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands in accordance with their respective
needs.
``(2) Consolidation of funds.--The provisions of Public Law
95-134, permitting the consolidation of grants to the outlying
areas, shall not apply to funds those areas receive under this
part.
``(b) Payments to Indians.--
``(1) In general.--The Secretary shall, subject to this
subsection, make payments to the Secretary of the Interior to
be distributed to tribes, tribal organizations (as defined
under section 4 of the Indian Self-Determination and Education
Assistance Act), or consortia of the above entities for the
coordination of assistance in the provision of early
intervention services by the States to infants and toddlers
with disabilities and their families on reservations served by
elementary schools and secondary schools for Indian children
operated or funded by the Department of the Interior. The
amount of such payment for any fiscal year shall be 1.25
percent of the aggregate of the amount available to all States
under this part for such fiscal year.
``(2) Allocation.--For each fiscal year, the Secretary of
the Interior shall distribute the entire payment received under
paragraph (1) by providing to each tribe, tribal organization,
or consortium an amount based on the number of infants and
toddlers residing on the reservation, as determined annually,
divided by the total of such children served by all tribes,
tribal organizations, or consortia.
``(3) Information.--To receive a payment under this
subsection, the tribe, tribal organization, or consortium shall
submit such information to the Secretary of the Interior as is
needed to determine the amounts to be distributed under
paragraph (2).
``(4) Use of funds.--The funds received by a tribe, tribal
organization, or consortium shall be used to assist States in
child find, screening, and other procedures for the early
identification of Indian children under 3 years of age and for
parent training. Such funds may also be used to provide early
intervention services in accordance with this part. Such
activities may be carried out directly or through contracts or
cooperative agreements with the BIA, local educational
agencies, and other public or private nonprofit organizations.
The tribe, tribal organization, or consortium is encouraged to
involve Indian parents in the development and implementation of
these activities. The above entities shall, as appropriate, make
referrals to local, State, or Federal entities for the provision of
services or further diagnosis.
``(5) Reports.--To be eligible to receive a grant under
paragraph (2), a tribe, tribal organization, or consortium
shall make a biennial report to the Secretary of the Interior
of activities undertaken under this subsection, including the
number of contracts and cooperative agreements entered into,
the number of children contacted and receiving services for
each year, and the estimated number of children needing
services during the 2 years following the year in which the
report is made. The Secretary of the Interior shall include a
summary of this information on a biennial basis to the
Secretary of Education along with such other information as
required under section 611(h)(3)(E). The Secretary of Education
may require any additional information from the Secretary of
the Interior.
``(6) Prohibited uses of funds.--None of the funds under
this subsection may be used by the Secretary of the Interior
for administrative purposes, including child count, and the
provision of technical assistance.
``(c) State Allotments.--
``(1) In general.--Except as provided in paragraphs (2) and
(3) from the funds remaining for each fiscal year after the
reservation and payments under subsections (a) and (b), the
Secretary shall first allot to each State an amount that bears
the same ratio to the amount of such remainder as the number of
infants and toddlers in the State bears to the number of
infants and toddlers in all States.
``(2) Minimum allotments.--Except as provided in paragraph
(3), no State shall receive an amount under this section for
any fiscal year that is less than the greater of--
``(A) \1/2\ of 1 percent of the remaining amount
described in paragraph (1); or
``(B) $500,000.
``(3) Ratable reduction.--
``(A) In general.--If the sums made available under
this part for any fiscal year are insufficient to pay
the full amounts that all States are eligible to
receive under this subsection for such year, the
Secretary shall ratably reduce the allotments to such
States for such year.
``(B) Additional funds.--If additional funds become
available for making payments under this subsection for
a fiscal year, allotments that were reduced under
subparagraph (A) shall be increased on the same basis
the allotments were reduced.
``(4) Definitions.--For the purpose of this subsection--
``(A) the terms `infants' and `toddlers' mean
children under 3 years of age; and
``(B) the term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of
Puerto Rico.
``(d) Reallotment of Funds.--If a State elects not to receive its
allotment under subsection (c), the Secretary shall reallot, among the
remaining States, amounts from such State in accordance with such
subsection.
``SEC. 644. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are authorized
to be appropriated such sums as may be necessary for each of the fiscal
years 2004 through 2009.
``PART D--NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH
DISABILITIES
``SEC. 650. FINDINGS.
``Congress finds the following:
``(1) The Federal Government has an ongoing obligation to
support activities that contribute to positive results for
children with disabilities, enabling them to lead productive
and independent adult lives.
``(2) Systemic change benefiting all students, including
children with disabilities, requires the involvement of States,
local educational agencies, parents, individuals with
disabilities and their families, teachers and other service
providers, and other interested individuals and organizations
to develop and implement comprehensive strategies that improve
educational results for children with disabilities.
``(3) State educational agencies, in partnership with local
educational agencies, parents of children with disabilities,
and other individuals and organizations, are in the best
position to improve education for children with disabilities
and to address their special needs.
``(4) An effective educational system serving students with
disabilities should--
``(A) maintain high academic achievement standards
and clear performance goals for children, consistent
with the standards and expectations for all students in
the educational system, and provide for appropriate and
effective strategies and methods to ensure that all
children with disabilities have the opportunity to
achieve those standards and goals;
``(B) clearly define, in objective, measurable
terms, the school and post-school results that children
with disabilities are expected to achieve; and
``(C) promote transition services as described in
section 602(32) and coordinate State and local
education, social, health, mental health, and other
services, in addressing the full range of student
needs, particularly the needs of children with
disabilities who need significant levels of support to
participate and learn in school and the community.
``(5) The availability of an adequate number of qualified
personnel is critical to serve effectively children with
disabilities, to assume leadership positions in administration
and direct services, to provide teacher training, and to
conduct high quality research to improve special education.
``(6) High quality, comprehensive professional development
programs are essential to ensure that the persons responsible
for the education or transition of children with disabilities
possess the skills and knowledge necessary to address the
educational and related needs of those children.
``(7) Models of professional development should be
scientifically based and reflect successful practices,
including strategies for recruiting, preparing, and retaining
personnel.
``(8) Continued support is essential for the development
and maintenance of a coordinated and high quality program of
research to inform successful teaching practices and model
curricula for educating children with disabilities.
``(9) A comprehensive research agenda should be established
and pursued to promote the highest quality and rigor in special
education research, and to address the full range of issues
facing children with disabilities, parents of children with
disabilities, school personnel, and others.
``(10) Training, technical assistance, support, and
dissemination activities are necessary to ensure that parts B
and C are fully implemented and achieve high quality early
intervention, educational, and transitional results for
children with disabilities and their families.
``(11) Parents, teachers, administrators, and related
services personnel need technical assistance and information in
a timely, coordinated, and accessible manner in order to
improve early intervention, educational, and transitional
services and results at the State and local levels for children
with disabilities and their families.
``(12) Parent training and information activities assist
parents of a child with a disability in dealing with the
multiple pressures of parenting such a child and are of
particular importance in--
``(A) playing a vital role in creating and
preserving constructive relationships between parents
of children with disabilities and schools by
facilitating open communication between the parents and
schools; encouraging dispute resolution at the earliest
possible point in time; and discouraging the escalation
of an adversarial process between the parents and
schools;
``(B) ensuring the involvement of parents in
planning and decisionmaking with respect to early
intervention, educational, and transitional services;
``(C) achieving high quality early intervention,
educational, and transitional results for children with
disabilities;
``(D) providing such parents information on their
rights, protections, and responsibilities under this
Act to ensure improved early intervention, educational,
and transitional results for children with
disabilities;
``(E) assisting such parents in the development of
skills to participate effectively in the education and
development of their children and in the transitions
described in section 602(32);
``(F) supporting the roles of such parents as
participants within partnerships seeking to improve
early intervention, educational, and transitional
services and results for children with disabilities and
their families; and
``(G) supporting such parents who may have limited
access to services and supports, due to economic,
cultural, or linguistic barriers.
``(13) Support is needed to improve technological resources
and integrate technology, including universally designed
technologies, into the lives of children with disabilities,
parents of children with disabilities, school personnel, and
others through curricula, services, and assistive technologies.
``Subpart 1--State Personnel Preparation and Professional Development
Grants
``SEC. 651. PURPOSE; DEFINITION; PROGRAM AUTHORITY.
``(a) Purpose.--The purpose of this subpart is to assist State
educational agencies in reforming and improving their systems for
personnel preparation and professional development in early
intervention, educational, and transition services in order to improve
results for children with disabilities.
``(b) Definition.--In this subpart the term `personnel' means
special education teachers, general education teachers, principals,
administrators, related services personnel, paraprofessionals, and
early intervention personnel serving infants, toddlers, preschoolers,
or children with disabilities.
``(c) Program Authority.--
``(1) Competitive grants.--
``(A) In general.--For any fiscal year for which
the amount appropriated under section 655 is less than
$100,000,000, the Secretary is authorized to award
grants, on a competitive basis, to State educational
agencies to carry out the activities described in the
State plan submitted under section 654.
``(B) Priority.--The Secretary may give priority to
awarding grants under subparagraph (A) to State
educational agencies that--
``(i) have the greatest personnel
shortages; or
``(ii) demonstrate the greatest difficulty
meeting the requirements of section 615(a)(14).
``(C) Minimum.--The Secretary shall make a grant to
each State educational agency selected under
subparagraph (A) in an amount for each fiscal year that
is--
``(i) not less than $500,000, nor more than
$2,000,000, in the case of the 50 States, the
District of Columbia, and the Commonwealth of
Puerto Rico; and
``(ii) not less than $80,000 in the case of
an outlying area.
``(D) Increases.--The Secretary may increase the
amount described in subparagraph (C) to account for
inflation.
``(E) Factors.--The Secretary shall set the amount
of each grant under subparagraph (A) after
considering--
``(i) the amount of funds available for
making the grants;
``(ii) the relative population of the State
or outlying area;
``(iii) the types of activities proposed by
the State or outlying area;
``(iv) the alignment of proposed activities
with section 612(a)(15);
``(v) the alignment of proposed activities
with the plans and applications submitted under
sections 1111 and 2112, respectively, of the
Elementary and Secondary Education Act of 1965;
and
``(vi) the use, as appropriate, of
scientifically based activities.
``(2) Formula grants.--
``(A) In general.--For any fiscal year for which
the funds appropriated under section 655 are equal to
or greater than $100,000,000, the Secretary shall--
``(i) reserve from such funds an amount
sufficient to continue to make payments for the
fiscal year in accordance with the terms of
each multi-year grant awarded under paragraph
(1) for which the grant period has not ended;
and
``(ii) use the remainder of such funds to
award grants to State educational agencies,
from allotments under subparagraph (B), to
enable the State educational agencies to award
contracts and subgrants, on a competitive
basis, to carry out the authorized activities
described in section 654.
``(B) Allotment.--Except as provided in
subparagraph (C), from the remainder of funds described
in subparagraph (A)(ii) for a fiscal year, the
Secretary shall make an allotment to each State
educational agency in an amount that bears the same
relation to such remainder as the amount of funds the
State received under section 611(d)(3) for the
preceding fiscal year bears to the amount of funds
received by all States under such section for the
preceding fiscal year.
``(C) Minimum allotment.--The amount of any State
educational agency's allotment under this paragraph for
any fiscal year shall not be less than \1/4\ of 1
percent of the amount made available under this part
for such year.
``SEC. 652. ELIGIBILITY AND COLLABORATIVE PROCESS.
``(a) Eligible Applicants.--A State educational agency may apply
for a grant under this subpart for a grant period of not less than 1
year and not more than 5 years.
``(b) Partners.--
``(1) In general.--In order to be considered for a grant
under this subpart, a State educational agency shall establish
a partnership with local educational agencies and other State
agencies involved in, or concerned with, the education of
children with disabilities, including institutions of higher
education and the State agencies responsible for administering
part C, child care, and vocational rehabilitation.
``(2) Other partners.--In order to be considered for a
grant under this subpart, a State educational agency shall work
in partnership with other persons and organizations involved
in, and concerned with, the education of children with
disabilities, which may include--
``(A) the Governor;
``(B) parents of children with disabilities ages
birth through 26;
``(C) parents of nondisabled children ages birth
through 26;
``(D) individuals with disabilities;
``(E) parent training and information centers or
community parent resource centers;
``(F) community based and other nonprofit
organizations involved in the education and employment
of individuals with disabilities;
``(G) general and special education teachers,
paraprofessionals, related services personnel, and
early intervention personnel;
``(H) the State advisory panel established under
part B;
``(I) the State interagency coordinating council
established under part C;
``(J) institutions of higher education within the
State;
``(K) individuals knowledgeable about vocational
education;
``(L) the State agency for higher education;
``(M) the State vocational rehabilitation agency;
``(N) public agencies with jurisdiction in the
areas of health, mental health, social services, and
juvenile justice;
``(O) other providers of professional development
that work with infants, toddlers, preschoolers, and
children with disabilities; and
``(P) other individuals.
``SEC. 653. APPLICATIONS.
``(a) In General.--
``(1) Submission.--A State educational agency that desires
to receive a grant under this subpart shall submit to the
Secretary an application at such time, in such manner, and
including such information as the Secretary may require.
``(2) State plan.--The application shall include a plan
that identifies and addresses the State and local needs for the
professional development of administrators, principals, and
teachers, as well as individuals who provide direct
supplementary aids and services to children with disabilities,
and that--
``(A) is designed to enable the State to meet the
requirements of section 612(a)(14);
``(B) is based on an assessment of State and local
needs that identifies critical aspects and areas in
need of improvement related to the preparation, ongoing
training, and professional development of personnel
that serve infants, toddlers, preschoolers, and
children with disabilities within the State,
including--
``(i) current and anticipated personnel
vacancies and shortages; and
``(ii) the number of preservice programs;
and
``(C) is integrated and aligned, to the maximum
extent possible, with State plans and activities under
the Elementary and Secondary Education Act of 1965, the
Rehabilitation Act of 1973, and the Higher Education
Act of 1965, as appropriate.
``(3) Requirement.--The State application shall contain an
assurance that the State educational agency shall carry out
each of the strategies described in subsection (b)(4).
``(b) Elements of State Personnel Preparation and Professional
Development Plan.--Each professional development plan shall--
``(1) describe a partnership agreement that is in effect
for the period of the grant, which agreement shall specify--
``(A) the nature and extent of the partnership
described in section 652(b) and the respective roles of
each member of the partnership; and
``(B) how the State will work in partnership with
other persons and organizations involved in, and
concerned with, the education of children with
disabilities, including the respective roles of each of
the persons and organizations;
``(2) describe how the strategies and activities described
in paragraph (4) will be coordinated with other public
resources (including part B and part C funds retained for use
at the State level for personnel and professional development
purposes) and private resources;
``(3) describe how the State will align its professional
development plan under this subpart with the plan and
application submitted under sections 1111 and 2112,
respectively, of the Elementary and Secondary Education Act of
1965;
``(4) describe what strategies the State will use to
address the professional development and personnel needs
identified under subsection (a)(2) and how those strategies
will be implemented, including--
``(A) a description of the preservice and inservice
programs and activities to be supported under this
subpart that will provide personnel with the knowledge
and skills to meet the needs of, and improve the
performance and achievement of, infants, toddlers,
preschoolers, and children with disabilities; and
``(B) how such strategies shall be integrated, to
the maximum extent possible, with other activities
supported by grants funded under this part, including
those under section 664;
``(5) provide an assurance that the State will provide
technical assistance to local educational agencies to improve
the quality of professional development available to meet the
needs of personnel who serve children with disabilities;
``(6) provide an assurance that the State will provide
technical assistance to entities that provide services to
infants and toddlers with disabilities to improve the quality
of professional development available to meet the needs of
personnel serving such children;
``(7) describe how the State will recruit and retain highly
qualified teachers and other qualified personnel in geographic
areas of greatest need;
``(8) describe the steps the State will take to ensure that
poor and minority children are not taught at higher rates by
teachers who are not highly qualified; and
``(9) describe how the State will assess, on a regular
basis, the extent to which the strategies implemented under
this subpart have been effective in meeting the performance
goals described in section 612(a)(15).
``(c) Peer Review.--
``(1) In general.--The Secretary shall use a panel of
experts who are competent, by virtue of their training,
expertise, or experience, to evaluate applications for grants
under section 651(c)(1).
``(2) Composition of panel.--A majority of a panel
described in paragraph (1) shall be composed of individuals who
are not employees of the Federal Government.
``(3) Payment of fees and expenses of certain members.--The
Secretary may use available funds appropriated to carry out
this subpart to pay the expenses and fees of panel members who
are not employees of the Federal Government.
``(d) Reporting Procedures.--Each State educational agency that
receives a grant under this subpart shall submit annual performance
reports to the Secretary. The reports shall describe the progress of
the State in implementing its plan and analyzing the effectiveness of
the State's activities under this subpart.
``SEC. 654. USE OF FUNDS.
``(a) Professional Development Activities.--A State educational
agency that receives a grant under this subpart shall use the grant
funds to support activities in accordance with the State's plan
described in section 653, including 1 or more of the following:
``(1) Carrying out programs that provide support to both
special education and regular education teachers of children
with disabilities, such as programs that--
``(A) provide teacher mentoring, team teaching,
reduced class schedules and case loads, and intensive
professional development; and
``(B) use standards or assessments for guiding
beginning teachers that are consistent with challenging
State student academic achievement and functional
standards and with the requirements for professional
development as defined in section 9101(34) of the
Elementary and Secondary Education Act of 1965.
``(2) Encouraging and supporting the training of special
education and regular education teachers and administrators to
effectively utilize and integrate technology--
``(A) into curricula and instruction, including
training to improve the ability to collect, manage, and
analyze data to improve teaching, decisionmaking,
school improvement efforts, and accountability;
``(B) to enhance learning by children with
disabilities; and
``(C) to effectively communicate with parents.
``(3) Providing professional development activities that--
``(A) improve the knowledge of special education
and regular education teachers concerning--
``(i) the academic and developmental or
functional needs of students with disabilities;
or
``(ii) effective instructional strategies,
methods, and skills, and the use of State
academic content standards and student academic
achievement and functional standards, and State
assessments, to improve teaching practices and
student academic achievement; and
``(B) improve the knowledge of special education
and regular education teachers and principals and, in
appropriate cases, paraprofessionals, concerning
effective instructional practices and that--
``(i) provide training in how to teach and
address the needs of students with different
learning styles;
``(ii) involve collaborative groups of
teachers and administrators;
``(iii) provide training in methods of--
``(I) positive behavior
interventions and supports to improve
student behavior in the classroom;
``(II) scientifically based reading
instruction, including early literacy
instruction;
``(III) early and appropriate
interventions to identify and help
children with disabilities;
``(IV) effective instruction for
children with low incidence
disabilities;
``(V) successful transitioning to
postsecondary opportunities; and
``(VI) using classroom-based
techniques to assist children prior to
referral for special education;
``(iv) provide training to enable special
education and regular education teachers and
principals to work with and involve parents in
their child's education, including parents of
low income and limited English proficient
children with disabilities;
``(v) provide training for special
education, regular education, principals, and
related services personnel in planning,
developing, and implementing effective and
appropriate IEPs; and
``(vi) providing training to meet the needs
of students with significant health, mobility,
or behavioral needs prior to serving such
students;
``(C) train administrators, principals, and other
relevant school personnel in conducting effective IEP
meetings; and
``(D) develop and enhance instructional leadership
skills of principals.
``(4) Developing and implementing initiatives to promote
the recruitment and retention of highly qualified special
education teachers, particularly initiatives that have been
proven effective in recruitment and retaining highly qualified
teachers, including programs that provide--
``(A) teacher mentoring from exemplary special
education teachers, principals, or superintendents;
``(B) induction and support for special education
teachers during their first 3 years of employment as
teachers, respectively; or
``(C) incentives, including financial incentives,
to retain special education teachers who have a record
of success in helping students with disabilities.
``(5) Carrying out programs and activities that are
designed to improve the quality of personnel who serve children
with disabilities, such as--
``(A) innovative professional development programs
(which may be provided through partnerships that
include institutions of higher education), including
programs that train teachers and principals to
integrate technology into curricula and instruction to
improve teaching, learning, and technology literacy,
which professional development shall be consistent with
the definition of professional development described in
section 9101(34) of the Elementary and Secondary
Education Act of 1965; and
``(B) development and use of proven, cost effective
strategies for the implementation of professional
development activities, such as through the use of
technology and distance learning.
``(b) Other Activities.--A State educational agency that receives a
grant under this subpart shall use the grant funds to support
activities in accordance with the State's plan described in section
653, including 1 or more of the following:
``(1) Reforming special education and regular education
teacher certification (including recertification) or licensing
requirements to ensure that--
``(A) special education and regular education
teachers have--
``(i) the training and information
necessary to address the full range of needs of
children with disabilities across disability
categories; and
``(ii) the necessary subject matter
knowledge and teaching skills in the academic
subjects that they teach;
``(B) special education and regular education
teacher certification (including recertification) or
licensing requirements are aligned with challenging
State academic content standards; and
``(C) special education and regular education
teachers have the subject matter knowledge and teaching
skills, including technology literacy, necessary to
help students meet challenging State student academic
achievement and functional standards.
``(2) Programs that establish, expand, or improve
alternative routes for State certification of special education
teachers for highly qualified individuals with a baccalaureate or
master's degree, including mid-career professionals from other
occupations, paraprofessionals, and recent college or university
graduates with records of academic distinction who demonstrate the
potential to become highly effective special education teachers.
``(3) Teacher advancement initiatives for special education
teachers that promote professional growth and emphasize
multiple career paths (such as paths to becoming a career
teacher, mentor teacher, or exemplary teacher) and pay
differentiation.
``(4) Developing and implementing mechanisms to assist
local educational agencies and schools in effectively
recruiting and retaining highly qualified special education
teachers.
``(5) Reforming tenure systems, implementing teacher
testing for subject matter knowledge, and implementing teacher
testing for State certification or licensing, consistent with
title II of the Higher Education Act of 1965.
``(6) Funding projects to promote reciprocity of teacher
certification or licensing between or among States for special
education teachers, except that no reciprocity agreement
developed under this paragraph or developed using funds
provided under this subpart may lead to the weakening of any
State teaching certification or licensing requirement.
``(7) Developing or assisting local educational agencies to
serve children with disabilities through the development and
use of proven, innovative strategies to deliver intensive
professional development programs that are both cost effective
and easily accessible, such as strategies that involve delivery
through the use of technology, peer networks, and distance
learning.
``(8) Developing, or assisting local educational agencies
in developing, merit based performance systems, and strategies
that provide differential and bonus pay for special education
teachers.
``(9) Supporting activities that ensure that teachers are
able to use challenging State academic content standards and
student academic and functional achievement standards, and
State assessments for all children with disabilities, to
improve instructional practices and improve the academic
achievement of children with disabilities.
``(10) Coordinating with, and expanding centers established
under, section 2113(c)(18) of the Elementary and Secondary
Education Act of 1965 to benefit special education teachers.
``(c) Contracts and Subgrants.--Each such State educational
agency--
``(1) shall award contracts or subgrants to local
educational agencies, institutions of higher education, parent
training and information centers, or community parent resource
centers, as appropriate, to carry out its State plan under this
subpart; and
``(2) may award contracts and subgrants to other public and
private entities, including the lead agency under part C, to
carry out such plan.
``(d) Use of Funds for Professional Development.--A State
educational agency that receives a grant under this subpart shall use--
``(1) not less than 75 percent of the funds the State
educational agency receives under the grant for any fiscal year
for activities under subsection (a); and
``(2) not more than 25 percent of the funds the State
educational agency receives under the grant for any fiscal year
for activities under subsection (b).
``(e) Grants to Outlying Areas.--Public Law 95-134, permitting the
consolidation of grants to the outlying areas, shall not apply to funds
received under this subpart.
``SEC. 655. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
such sums as may be necessary for each of the fiscal years 2004 through
2009.
``Subpart 2--Scientifically Based Research, Technical Assistance, Model
Demonstration Projects, and Dissemination of Information
``SEC. 660. PURPOSE.
``The purpose of this subpart is--
``(1) to provide Federal funding for scientifically based
research, technical assistance, model demonstration projects,
and information dissemination to improve early intervention,
educational, and transitional results for children with
disabilities; and
``(2) to assist State educational agencies and local
educational agencies in improving their education systems.
``SEC. 661. ADMINISTRATIVE PROVISIONS.
``(a) Comprehensive Plan.--
``(1) In general.--After receiving input from interested
individuals with relevant expertise, the Secretary shall
develop and implement a comprehensive plan for activities
carried out under this subpart (other than activities assisted
under sections 662 and 665) in order to enhance the provision
of early intervention, educational, related and transitional
services to children with disabilities under parts B and C. The
plan shall be coordinated with the agenda developed pursuant to
section 662(d) and shall include mechanisms to address early
intervention, educational, related service and transitional
needs identified by State educational agencies in applications
submitted for State program improvement grants under subpart 1.
``(2) Public comment.--The Secretary shall provide a public
comment period of at least 60 days on the plan.
``(3) Distribution of funds.--In implementing the plan, the
Secretary shall, to the extent appropriate, ensure that funds
are awarded to recipients under this subpart to carry out
activities that benefit, directly or indirectly, children with
the full range of disabilities and of all ages.
``(4) Reports to congress.--The Secretary shall annually
report to Congress on the Secretary's activities under this
subpart, including an initial report not later than 12 months
after the date of enactment of the Individuals with
Disabilities Education Improvement Act of 2003.
``(b) Eligible Applicants.--
``(1) In general.--Except as otherwise provided in this
subpart, the following entities are eligible to apply for a
grant, contract, or cooperative agreement under this subpart:
``(A) A State educational agency.
``(B) A local educational agency.
``(C) A public charter school that is a local
educational agency under State law.
``(D) An institution of higher education.
``(E) Any other public agency.
``(F) A private nonprofit organization.
``(G) An outlying area.
``(H) An Indian tribe or a tribal organization (as
defined under section 4 of the Indian Self-
Determination and Education Assistance Act).
``(I) A for-profit organization.
``(2) Special rule.--The Secretary may limit the entities
eligible for an award of a grant, contract, or cooperative
agreement to 1 or more categories of eligible entities
described in paragraph (1).
``(c) Special Populations.--
``(1) Application requirement.--In making an award of a
grant, contract, or cooperative agreement under this subpart,
the Secretary shall, as appropriate, require an applicant to
meet the criteria set forth by the Secretary under this subpart
and demonstrate how the applicant will address the needs of
children with disabilities from minority backgrounds.
``(2) Required outreach and technical assistance.--
Notwithstanding any other provision of this Act other than
paragraph (1), the Secretary shall reserve at least 1 percent
of the total amount of funds made available to carry out this
subpart for 1 or both of the following activities:
``(A) To provide outreach and technical assistance
to Historically Black Colleges and Universities, and to
institutions of higher education with minority
enrollments of at least 25 percent, to promote the
participation of such colleges, universities, and
institutions in activities under this subpart.
``(B) To enable Historically Black Colleges and
Universities, and the institutions described in
subparagraph (A), to assist other colleges,
universities, institutions, and agencies in improving
educational and transitional results for children with
disabilities.
``(C) Reservation of funds.--The Secretary may
reserve funds made available under this subpart to
satisfy the requirements of subparagraphs (A) and (B).
``(d) Priorities.--The Secretary, in making an award of a grant,
contract, or cooperative agreement under this subpart, may, without
regard to the rulemaking procedures under section 553(a) of title 5,
United States Code, limit competitions to, or otherwise give priority
to--
``(1) projects that address 1 or more--
``(A) age ranges;
``(B) disabilities;
``(C) school grades;
``(D) types of educational placements or early
intervention environments;
``(E) types of services;
``(F) content areas, such as reading; or
``(G) effective strategies for helping children
with disabilities learn appropriate behavior in the
school and other community based educational settings;
``(2) projects that address the needs of children based on
the severity or incidence of their disability;
``(3) projects that address the needs of--
``(A) low achieving students;
``(B) underserved populations;
``(C) children from low income families;
``(D) limited English proficient children;
``(E) unserved and underserved areas;
``(F) rural or urban areas;
``(G) children whose behavior interferes with their
learning and socialization;
``(H) children with reading difficulties; or
``(I) children in charter schools;
``(4) projects to reduce inappropriate identification of
children as children with disabilities, particularly among
minority children;
``(5) projects that are carried out in particular areas of
the country, to ensure broad geographic coverage;
``(6) projects that promote the development and use of
universally designed technologies, assistive technology
devices, and assistive technology services to maximize children
with disabilities' access to and participation in the general
curriculum; and
``(7) any activity that is authorized in this subpart or
subpart 3.
``(e) Applicant and Recipient Responsibilities.--
``(1) Development and assessment of projects.--The
Secretary shall require that an applicant for, and a recipient
of, a grant, contract, or cooperative agreement for a project
under this subpart--
``(A) involve individuals with disabilities or
parents of individuals with disabilities ages birth
through 26 in planning, implementing, and evaluating
the project; and
``(B) where appropriate, determine whether the
project has any potential for replication and adoption
by other entities.
``(2) Additional responsibilities.--The Secretary may
require a recipient of a grant, contract, or cooperative
agreement under this subpart to--
``(A) share in the cost of the project;
``(B) prepare the research and evaluation findings
and products from the project in formats that are
useful for specific audiences, including parents,
administrators, teachers, early intervention personnel,
related services personnel, and individuals with
disabilities;
``(C) disseminate such findings and products; and
``(D) collaborate with other such recipients in
carrying out subparagraphs (B) and (C).
``(f) Application Management.--
``(1) Standing panel.--
``(A) In general.--The Secretary shall establish
and use a standing panel of experts who are competent,
by virtue of their training, expertise, or experience,
to evaluate applications under this subpart (other than
applications for assistance under sections 662 and 665)
that, individually, request more than $75,000 per year
in Federal financial assistance.
``(B) Membership.--The standing panel shall
include, at a minimum--
``(i) individuals who are representatives
of institutions of higher education that plan,
develop, and carry out high quality programs of
personnel preparation;
``(ii) individuals who design and carry out
scientifically based research targeted to the
improvement of special education programs and
services;
``(iii) individuals who have recognized
experience and knowledge necessary to integrate
and apply scientifically based research
findings to improve educational and
transitional results for children with
disabilities;
``(iv) individuals who administer programs
at the State or local level in which children
with disabilities participate;
``(v) individuals who prepare parents of
children with disabilities to participate in
making decisions about the education of their
children;
``(vi) individuals who establish policies
that affect the delivery of services to
children with disabilities;
``(vii) parents of children with
disabilities ages birth through 26 who are
benefiting, or have benefited, from coordinated
research, personnel preparation, and technical
assistance; and
``(viii) individuals with disabilities.
``(C) Term.--Unless approved by the Secretary due
to extenuating circumstances related to shortages of
experts in a particular area of expertise or for a
specific competition, no individual shall serve on the
standing panel for more than 3 consecutive years.
``(2) Peer review panels for particular competitions.--
``(A) Composition.--The Secretary shall ensure that
each sub panel selected from the standing panel that
reviews applications under this subpart (other than
sections 662 and 665) includes--
``(i) individuals with knowledge and
expertise on the issues addressed by the
activities authorized by this subpart; and
``(ii) to the extent practicable, parents
of children with disabilities ages birth
through 26, individuals with disabilities, and
persons from diverse backgrounds.
``(B) Federal employment limitation.--A majority of
the individuals on each sub panel that reviews an
application under this subpart (other than an
application under sections 662 and 665) shall be
individuals who are not employees of the Federal
Government.
``(3) Use of discretionary funds for administrative
purposes.--
``(A) Expenses and fees of non-Federal panel
members.--The Secretary may use funds made available
under this subpart to pay the expenses and fees of the
panel members who are not officers or employees of the
Federal Government.
``(B) Administrative support.--The Secretary may
use not more than 1 percent of the funds made available
to carry out this subpart to pay non-Federal entities
for administrative support related to management of
applications submitted under this subpart.
``(4) Availability of certain products.--The Secretary
shall ensure that recipients of grants, cooperative agreements,
or contracts under this subpart and subpart 3 make available in
formats that are accessible to individuals with disabilities
any products developed under such grants, cooperative
agreements, or contracts that the recipient is making available
to the public.
``(g) Program Evaluation.--The Secretary may use funds made
available to carry out this subpart to evaluate activities carried out
under this subpart.
``(h) Minimum Funding Required.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall ensure that, for each fiscal year, at least the following
amounts are provided under this subpart to address the
following needs:
``(A) $12,832,000 to address the educational,
related services, transitional, and early intervention
needs of children with deaf-blindness.
``(B) $4,000,000 to address the postsecondary,
vocational, technical, continuing, and adult education
needs of individuals with deafness.
``(C) $4,000,000 to address the educational,
related services, and transitional needs of children
with an emotional disturbance and those who are at risk
of developing an emotional disturbance.
``(2) Ratable reduction.--If the total amount appropriated
to carry out sections 662, 664, and 674 for any fiscal year is
less than $130,000,000, the amounts listed in paragraph (1)
shall be ratably reduced.
``(i) Eligibility for Financial Assistance.--No State or local
educational agency, or other public institution or agency, may receive
a grant or enter into a contract or cooperative agreement under this
subpart that relates exclusively to programs, projects, and activities
pertaining to children aged 3 through 5, inclusive, unless the State is
eligible to receive a grant under section 619(b).
``SEC. 662. RESEARCH TO IMPROVE RESULTS FOR CHILDREN WITH DISABILITIES.
``(a) National Center for Special Education Research.--
``(1) Establishment.--
``(A) In general.--There is established, in the
Institute of Education Sciences established under
section 111 of the Education Sciences Reform Act of
2002 (hereinafter in this section referred to as `the
Institute'), the National Center for Special Education
Research.
``(B) Mission.--The mission of the National Center
for Special Education Research (hereafter in this
section referred to as the `Center') shall be to--
``(i) sponsor research to expand knowledge
and understanding of the needs of infants,
toddlers, and children with disabilities in
order to improve the developmental,
educational, and transitional results of such
individuals;
``(ii) sponsor research to improve services
provided under, and support the implementation
of, this Act; and
``(iii) evaluate the implementation and
effectiveness of this Act in coordination with
the National Center for Education Evaluation.
``(2) Commissioner.--The Center shall be headed by a
Commissioner for Special Education Research (hereinafter in
this section referred to as `the Commissioner'). The
Commissioner shall be appointed by the Director of the
Institute (hereinafter in this section referred to as `the
Director') in accordance with section 117 of the Education
Sciences Reform Act of 2002. The Commissioner shall have
substantial knowledge of the Center's activities, including a
high level of expertise in the fields of research, research
management, and the education of children with disabilities.
``(3) Applicability of education sciences reform act of
2002.--Parts A and E of the Education Sciences Reform Act of
2002, and the standards for peer review of applications and for
the conduct and evaluation of research under sections 133(a)
and 134 of such Act, respectively, shall apply to the
Secretary, the Director, and the Commissioner in carrying out
this section.
``(4) Grants, contracts, and cooperative agreements.--In
carrying out the duties under this part, the Director may award
grants to, or enter into contracts or cooperative agreements
with, eligible entities.
``(b) Authorized Activities.--Activities that may be carried out
under this section include research activities to--
``(1) improve services provided under this Act in order to
improve academic achievement, functional outcomes, and
educational results for children with disabilities;
``(2) identify scientifically based educational practices
that support learning and improve academic achievement,
functional outcomes, and educational results for all students
with disabilities;
``(3) examine the special needs of preschool aged children,
infants, and toddlers with disabilities, including factors that
may result in developmental delays;
``(4) identify scientifically based related services and
interventions that promote participation and progress in the
general education curriculum and general education settings;
``(5) improve the alignment, compatibility, and development
of valid and reliable assessments, including alternate
assessments as described in section 1111(b) of the Elementary
and Secondary Education Act of 1965;
``(6) examine State content standards and alternate
assessments for students with significant cognitive impairment
in terms of academic achievement, individualized instructional
need, appropriate education settings, and improved post-school
results;
``(7) examine the educational, developmental, and
transitional needs of children with high incidence and low
incidence disabilities;
``(8) examine the extent to which overidentification and
underidentification of children with disabilities occurs, and
the causes thereof;
``(9) improve reading and literacy skills of children with
disabilities;
``(10) examine and improve secondary and postsecondary
education and transitional outcomes and results for children
with disabilities;
``(11) examine methods of early intervention for children
with disabilities who need significant levels of support;
``(12) examine and incorporate universal design concepts in
the development of standards, assessments, curricula, and
instructional methods as a method to improve educational and
transitional results for children with disabilities;
``(13) improve the preparation of personnel who provide
educational and related services to children with disabilities
to increase the academic achievement of students with
disabilities;
``(14) examine the excess costs of educating a child with a
disability and expenses associated with high cost special
education and related services; and
``(15) help parents improve educational results for their
children, particularly related to transition issues.
``(c) Standards.--The Commissioner shall ensure that activities
assisted under this section--
``(1) conform to high standards of quality, integrity,
accuracy, validity, and reliability;
``(2) are carried out in conjunction with the standards for
the conduct and evaluation of all research and development
established by the National Center for Education Research; and
``(3) are objective, secular, neutral, and nonideological,
and are free of partisan political influence, and racial,
cultural, gender, regional, or disability bias.
``(d) Plan.--The Commissioner shall propose to the Director a
research plan, developed in collaboration with the Assistant Secretary
for Special Education and Rehabilitative Services, that--
``(1) is consistent with the priorities and mission of the
Institute of Education Sciences and the mission of the Special
Education Research Center;
``(2) shall be carried out, updated, and modified, as
appropriate;
``(3) is consistent with the purpose of this Act;
``(4) contains an appropriate balance across all age ranges
and types of children with disabilities;
``(5) provides for research that is objective and uses
measurable indicators to assess its progress and results;
``(6) is coordinated with the comprehensive plan developed
under section 661; and
``(7) provides that the research conducted under this part
is relevant to special education practice and policy.
``(e) Applications.--An eligible entity that wishes to receive a
grant, or enter into a contract or cooperative agreement, under this
section shall submit an application to the Director at such time, in
such manner, and containing such information as the Director may
require.
``(f) Dissemination.--The Center shall--
``(1) synthesize and disseminate, through the National
Center for Education Evaluation and Regional Assistance, the
findings and results of special education research conducted or
supported by the Center; and
``(2) assist the Director in the preparation of a biennial
report, as described in section 119 of the Education Sciences
Reform Act of 2003.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2004 through 2009.
``SEC. 663. TECHNICAL ASSISTANCE, DEMONSTRATION PROJECTS, DISSEMINATION
OF INFORMATION, AND IMPLEMENTATION OF SCIENTIFICALLY
BASED RESEARCH.
``(a) In General.--From amounts made available under section 675,
the Secretary, on a competitive basis, shall award grants to, or enter
into contracts or cooperative agreements with, eligible entities to
provide technical assistance, carry out model demonstration projects,
disseminate useful information, and implement activities that are
supported by scientifically based research.
``(b) Required Activities.--The Secretary shall support activities
to improve services provided under this Act, including the practices of
professionals and others involved in providing such services to
children with disabilities, that promote academic achievement and
functional performance to improve educational results and functional
outcomes for children with disabilities through--
``(1) implementing effective strategies that are conducive
to learning and for addressing inappropriate behavior of
students with disabilities in schools, including strategies to
prevent children with emotional and behavioral problems from
developing emotional disturbances that require the provision of
special education and related services;
``(2) improving the alignment, compatibility, and
development of valid and reliable assessment methods, including
alternate assessment methods and evaluation methods, for
assessing adequately yearly progress as described in section
1111(b)(2)(B) of the Elementary and Secondary Education Act of
1965;
``(3) providing information to both regular education
teachers and special education teachers to address the
different learning styles and disabilities of students;
``(4) disseminating innovative, effective, and efficient
curricula, materials (including those that are universally
designed), instructional approaches, and strategies that--
``(A) support effective transitions between
educational settings or from school to post-school
settings;
``(B) support effective inclusion of students with
disabilities in general education settings, especially
students with low-incidence disabilities; and
``(C) improve educational and transitional results
at all levels of the educational system in which the
activities are carried out and, in particular, that
improve the progress of children with disabilities, as
measured by assessments within the general education
curriculum involved; and
``(5) demonstrating and applying scientifically-based
findings to facilitate systematic changes related to the
provision of services to children with disabilities.
``(c) Authorized Activities.--Activities that may be carried out
under this section include activities to improve services provided
under this Act, including the practices of professionals and others
involved in providing such services to children with disabilities, that
promote academic achievement and functional outcomes to improve results
for children with disabilities through--
``(1) applying and testing research findings in typical
service settings to determine the usability, effectiveness, and
general applicability of those findings in such areas as
improving instructional methods, curricula, and tools, such as
textbooks and media;
``(2) demonstrating and applying scientifically-based
findings to facilitate systemic changes related to the
provision of services to children with disabilities, in policy,
procedure, practice, and the training and use of personnel;
``(3) supporting and promoting the coordination of early
intervention, education, and transitional services for children
with disabilities with services provided by health,
rehabilitation, and social service agencies;
``(4) promoting improved alignment and compatibility of
general and special education reforms concerned with curriculum
and instructional reform, and evaluating of such reforms;
``(5) enabling professionals, parents of children with
disabilities, and other persons, to learn about, and implement,
the findings of scientifically based research and effective
practices developed in model demonstration projects, relating
to the provision of services to children with disabilities;
``(6) disseminating information relating to successful
approaches to overcoming systemic barriers to the effective and
efficient delivery of early intervention, educational, and
transitional services, to personnel who provide services to
children with disabilities;
``(7) assisting States and local educational agencies with
the process of planning systemic changes that will promote
improved early intervention, educational, and transitional
results for children with disabilities;
``(8) promoting change through a multi-State or regional
framework that benefits States, local educational agencies, and
other participants in partnerships that are in the process of
achieving systemic-change outcomes;
``(9) focusing on the needs and issues that are specific to
a population of children with disabilities, such as providing
single-State and multi-State technical assistance and in-
service training--
``(A) to schools and agencies serving deaf-blind
children and their families;
``(B) to programs and agencies serving other groups
of children with low-incidence disabilities and their
families; and
``(C) to address the postsecondary education needs
of individuals who are deaf or hard-of-hearing;
``(10) demonstrating models of personnel preparation to
ensure appropriate placements and services for all students
with disabilities and to reduce disproportionality in
eligibility, placement, and disciplinary actions for minority
and limited English proficient children; and
``(11) disseminating information on how to reduce racial
and ethnic disproportionalities.
``(d) Balance Among Disabilities and Age Ranges.--In carrying out
this section, the Secretary shall ensure that there is an appropriate
balance across all age ranges and disabilities.
``(e) Linking States to Information Sources.--In carrying out this
section, the Secretary may support projects that link States to
technical assistance resources, including special education and general
education resources, and may make research and related products
available through libraries, electronic networks, parent training
projects, and other information sources.
``(f) Applications.--
``(1) In general.--An eligible entity that desires to
receive a grant, or to enter into a contract or cooperative
agreement, under this section shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Contents.--The Secretary may, as appropriate, require
eligible entities to demonstrate that the projects described in
their applications are supported by scientifically based
research that has been carried out in conjunction with the
standards for the conduct and evaluation of all research and
development established by the National Center for Education
Research.
``(3) Priority.--As appropriate, the Secretary shall give
priority to applications that propose to serve teachers and
school personnel directly in the school environment or that
strengthen State and local agency capacity to improve
instructional practices of personnel to improve educational
results for children with disabilities in the school
environment.
``SEC. 664. PERSONNEL DEVELOPMENT TO IMPROVE SERVICES AND RESULTS FOR
CHILDREN WITH DISABILITIES.
``(a) In General.--The Secretary, on a competitive basis, shall
award grants to, or enter into contracts or cooperative agreements
with, eligible entities--
``(1) to help address State identified needs for highly
qualified personnel in special education, related services,
early intervention, transition, and regular education, to work
with children with disabilities, consistent with the needs
identified in the State plan described in section 653(a)(2) and
the standards described in section 612(a)(14);
``(2) to ensure that those personnel have the necessary
skills and knowledge, derived from practices that have been
determined, through scientifically based research, to be
successful in serving those children;
``(3) to encourage increased focus on academics and core
content areas in special education personnel preparation
programs;
``(4) to ensure that regular education teachers have the
necessary skills and knowledge to provide instruction to
students with disabilities in the regular education classroom;
``(5) to ensure that all special education teachers
teaching in core academic subjects are highly qualified;
``(6) to ensure that preservice and in-service personnel
preparation programs include training in--
``(A) the use of new technologies;
``(B) the area of early intervention, educational,
and transition services;
``(C) effectively involving parents; and
``(D) positive behavior supports; and
``(7) to provide high-quality professional development for
principals, superintendents, and other administrators,
including training in--
``(A) instructional leadership;
``(B) behavioral supports in the school and
classroom;
``(C) paperwork reduction;
``(D) promoting improved collaboration between
special education and general education teachers;
``(E) assessment and accountability;
``(F) ensuring effective learning environments; and
``(G) fostering positive relationships with
parents.
``(b) Personnel Development; Authorized Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support activities to prepare personnel,
including activities for the preparation of personnel who will
serve children with high-incidence and low-incidence
disabilities, consistent with the objectives described in
subsection (a).
``(2) Authorized activities.--Activities that may be
carried out under this subsection include the following:
``(A) Supporting collaborative personnel
preparation activities undertaken by institutions of
higher education, local educational agencies, and other
local entities--
``(i) to improve and reform their existing
programs, to support effective existing
programs, to support the development of new
programs, and to prepare teachers and related
services personnel--
``(I) to meet the diverse needs of
children with disabilities for early
intervention, educational, and
transitional services; and
``(II) to work collaboratively in
regular classroom settings; and
``(ii) to incorporate best practices and
scientifically based research about preparing
personnel--
``(I) so the personnel will have
the knowledge and skills to improve
educational results for children with
disabilities; and
``(II) to implement effective
teaching strategies and interventions
to prevent the misidentification,
overidentification, or
underidentification of children as
having a disability, especially
minority and limited English proficient
children.
``(B) Developing, evaluating, and disseminating
innovative models for the recruitment, induction,
retention, and assessment of highly qualified teachers
to reduce shortages in personnel.
``(C) Providing continuous personnel preparation,
training, and professional development designed to
provide support and ensure retention of teachers and
personnel who teach and provide related services to
children with disabilities.
``(D) Developing and improving programs for
paraprofessionals to become special education teachers,
related services personnel, and early intervention
personnel, including interdisciplinary training to
enable the paraprofessionals to improve early
intervention, educational, and transitional results for
children with disabilities.
``(E) Demonstrating models for the preparation of,
and interdisciplinary training of, early intervention,
special education, and general education personnel, to
enable the personnel to acquire the collaboration
skills necessary to work within teams and to improve
results for children with disabilities, particularly
within the general education curriculum.
``(F) Promoting effective parental involvement
practices to enable the personnel to work with parents
and involve parents in the education of such parents'
children.
``(G) Promoting the transferability, across State
and local jurisdictions, of licensure and certification
of teachers and administrators working with such
children.
``(H) Developing and disseminating models that
prepare teachers with strategies, including positive
behavioral interventions, for addressing the conduct of
children with disabilities that impedes their learning
and that of others in the classroom.
``(I) Developing and improving programs to enhance
the ability of general education teachers, principals,
school administrators, and school board members to
improve results for children with disabilities.
``(J) Supporting institutions of higher education
with minority enrollments of at least 25 percent for
the purpose of preparing personnel to work with
children with disabilities.
``(K) Preparing personnel to work in high need
elementary schools and secondary schools, including
urban schools, rural schools, and schools operated by
an entity described in section 7113(d)(1)(A)(ii) of the
Elementary and Secondary Education Act of 1965, and
schools that serve high numbers or percentages of
limited English proficient children.
``(L) Developing, evaluating, and disseminating
innovative models for the recruitment, induction,
retention, and assessment of new, qualified teachers,
especially from groups that are underrepresented in the
teaching profession, including individuals with
disabilities.
``(c) Low Incidence Disabilities; Authorized Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support activities, consistent with the
objectives described in subsection (a), that benefit children
with low incidence disabilities.
``(2) Authorized activities.--Activities that may be
carried out under this subsection include activities such as
the following:
``(A) Preparing persons who--
``(i) have prior training in educational
and other related service fields; and
``(ii) are studying to obtain degrees,
certificates, or licensure that will enable the
persons to assist children with low incidence
disabilities to achieve the objectives set out
in their individualized education programs
described in section 614(d), or to assist
infants and toddlers with low incidence
disabilities to achieve the outcomes described
in their individualized family service plans
described in section 636.
``(B) Providing personnel from various disciplines
with interdisciplinary training that will contribute to
improvement in early intervention, educational, and
transitional results for children with low incidence
disabilities.
``(C) Preparing personnel in the innovative uses
and application of technology, including universally
designed technologies, assistive technology devices,
and assistive technology services--
``(i) to enhance learning by children with
low incidence disabilities through early
intervention, educational, and transitional
services; and
``(ii) to improve communication with
parents.
``(D) Preparing personnel who provide services to
visually impaired or blind children to teach and use
Braille in the provision of services to such children.
``(E) Preparing personnel to be qualified
educational interpreters, to assist children with low
incidence disabilities, particularly deaf and hard of
hearing children in school and school related
activities, and deaf and hard of hearing infants and
toddlers and preschool children in early intervention
and preschool programs.
``(F) Preparing personnel who provide services to
children with significant cognitive disabilities and
children with multiple disabilities.
``(3) Definition.--As used in this section, the term `low
incidence disability' means--
``(A) a visual or hearing impairment, or
simultaneous visual and hearing impairments;
``(B) a significant cognitive impairment; or
``(C) any impairment for which a small number of
personnel with highly specialized skills and knowledge
are needed in order for children with that impairment
to receive early intervention services or a free
appropriate public education.
``(4) Selection of recipients.--In selecting recipients
under this subsection, the Secretary may give preference to
eligible entities submitting applications that include 1 or
more of the following:
``(A) A proposal to prepare personnel in more than
1 low incidence disability, such as deaf and blindness.
``(B) A demonstration of an effective collaboration
with an eligible entity and a local educational agency
that ensures recruitment and subsequent retention of
highly qualified personnel to serve children with
disabilities.
``(C) A proposal to address the personnel and
professional development needs in the State, as
identified in section 653(a)(2).
``(5) Preparation in use of braille.--The Secretary shall
ensure that all recipients of assistance under this subsection
who will use that assistance to prepare personnel to provide
services to visually impaired or blind children that can
appropriately be provided in Braille will prepare those
individuals to provide those services in Braille.
``(d) Leadership Preparation; Authorized Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support leadership preparation activities that
are consistent with the objectives described in subsection (a).
``(2) Authorized activities.--Activities that may be
carried out under this subsection include activities such as
the following:
``(A) Preparing personnel at the graduate,
doctoral, and postdoctoral levels of training to
administer, enhance, or provide services to improve
results for children with disabilities.
``(B) Providing interdisciplinary training for
various types of leadership personnel, including
teacher preparation faculty, administrators,
researchers, supervisors, principals, related services
personnel, and other persons whose work affects early
intervention, educational, and transitional services
for children with disabilities.
``(e) Enhanced Support and Training for Beginning Special
Educators; Authorized Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support personnel preparation activities that
are consistent with the objectives described in subsection (a).
``(2) Authorized activities.--Activities that may be
carried out under this subsection include--
``(A) enhancing and restructuring an existing
program or developing a preservice teacher education
program, to prepare special education teachers, at
colleges or departments of education within the
institution of higher education, by incorporating an
additional 5th year clinical learning opportunity,
field experience, or supervised practicum into a
program of preparation and coursework for special
education teachers; or
``(B) Creating or supporting professional
development schools that provide--
``(i) high quality mentoring and induction
opportunities with ongoing support for
beginning special education teachers; or
``(ii) inservice professional development
to veteran special education teachers through
the ongoing exchange of information and
instructional strategies.
``(3) Eligible partnerships.--Eligible recipients of
assistance under this subsection are partnerships--
``(A) that shall consist of--
``(i) 1 or more institutions of higher
education with special education personnel
preparation programs;
``(ii) 1 or more local educational
agencies; and
``(iii) in the case of activities assisted
under paragraph (2)(B), an elementary school or
secondary school; and
``(B) that may consist of other entities eligible
for assistance under this part, such as a State
educational agency.
``(4) Priority.--In awarding grants or entering into
contracts or cooperative agreements under this subsection, the
Secretary shall give priority to partnerships that include
local educational agencies that serve--
``(A) high numbers or percentages of low-income
students; or
``(B) schools that have failed to make adequate
yearly progress toward enabling children with
disabilities to meet academic achievement standards.
``(f) Training To Support General Educators; Authorized
Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support personnel preparation activities that
are consistent with the objectives described in subsection (a).
``(2) Authorized activities.--Activities that may be
carried out under this subsection include--
``(A) high quality professional development for
general educators that develops the knowledge and
skills, and enhances the ability, of general educators
to--
``(i) utilize classroom-based techniques to
identify students who may be eligible for
special education services, and deliver
instruction in a way that meets the
individualized needs of children with
disabilities through appropriate supports,
accommodations, and curriculum modifications;
``(ii) utilize classroom-based techniques,
such as scientifically based reading
instruction;
``(iii) work collaboratively with special
education teachers and related services
personnel;
``(iv) implement strategies, such as
positive behavioral interventions--
``(I) to address the behavior of
children with disabilities that impedes
the learning of such children and
others; or
``(II) to prevent children from
being misidentified as children with
disabilities;
``(v) prepare children with disabilities to
participate in statewide assessments (with and
without accommodations) and alternative
assessment, as appropriate;
``(vi) develop effective practices for
ensuring that all children with disabilities
are a part of all accountability systems under
the Elementary and Secondary Education Act of
1965;
``(vii) work with and involve parents of
children with disabilities in their child's
education;
``(viii) understand how to effectively
construct IEPs, participate in IEP meetings,
and implement IEPs; and
``(ix) in the case of principals and
superintendents, be instructional leaders and
promote improved collaboration between general
educators, special education teachers, and
related services personnel; and
``(B) release and planning time for the activities
described in this subsection.
``(3) Eligible partnerships.--Eligible recipients of
assistance under this subsection are partnerships--
``(A) that shall consist of--
``(i) 1 or more institutions of higher
education with special education personnel
preparation programs;
``(ii) 1 or more local educational
agencies; and
``(B) that may consist of other entities eligible
for assistance under this part, such as a State
educational agency.
``(g) Applications.--
``(1) In general.--Any eligible entity that desires to
receive a grant, or enter into a contract or cooperative
agreement, under this section shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require.
``(2) Identified state needs.--
``(A) Requirement to address identified needs.--Any
application under subsection (b), (c), (d), (e), or (f)
shall include information demonstrating to the
satisfaction of the Secretary that the activities
described in the application will address needs
identified by the State or States the applicant
proposes to serve, consistent with the needs identified
in the State plan described in section 653(a)(2).
``(B) Cooperation with state educational
agencies.--Any applicant that is not a local
educational agency or a State educational agency shall
include in the application information demonstrating to
the satisfaction of the Secretary that the applicant
and 1 or more State educational agencies have engaged
in a cooperative effort to carry out and monitor the
project to be assisted.
``(3) Acceptance by states of personnel preparation
requirements.--The Secretary may require applicants to provide
assurances from 1 or more States that such States--
``(A) intend to accept successful completion of the
proposed personnel preparation program as meeting State
personnel standards for serving children with
disabilities or serving infants and toddlers with
disabilities; and
``(B) need personnel in the area or areas in which
the applicant proposes to provide preparation, as
identified in the States' comprehensive systems of
personnel development under parts B and C.
``(h) Selection of Recipients.--
``(1) Impact of project.--In selecting award recipients
under this section, the Secretary shall consider the impact of
the proposed project described in the application in meeting
the need for personnel identified by the States.
``(2) Requirement for applicants to meet state and
professional standards.--The Secretary shall make grants and
enter into contracts and cooperative agreements under this
section only to eligible applicants that meet State and
professionally recognized standards for the preparation of
special education and related services personnel, if the
purpose of the project is to assist personnel in obtaining
degrees.
``(3) Preferences.--In selecting recipients under this
section, the Secretary may give preference to institutions of
higher education that are--
``(A) educating regular education personnel to meet
the needs of children with disabilities in integrated
settings;
``(B) educating special education personnel to work
in collaboration with regular educators in integrated
settings; and
``(C) successfully recruiting and preparing
individuals with disabilities and individuals from
groups that are underrepresented in the profession for
which the institution of higher education is preparing
individuals.
``(i) Service Obligation.--Each application for funds under
subsections (b), (c), (d), and (e) shall include an assurance that the
applicant will ensure that individuals who receive a scholarship under
the proposed project will subsequently provide special education and
related services to children with disabilities for a period of 1 year
for every year for which assistance was received, or repay all or part
of the cost of that assistance, in accordance with regulations issued
by the Secretary.
``(j) Scholarships.--The Secretary may include funds for
scholarships, with necessary stipends and allowances, in awards under
subsections (b), (c), (d), and (e).
``(k) Definitions.--In this section the term `personnel' means
special education teachers, general education teachers, principals,
administrators, related services personnel, paraprofessionals, and
early intervention personnel serving infants, toddlers, preschoolers,
or children with disabilities.
``(l) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of the fiscal years 2004 through 2010.
``SEC. 665. STUDIES AND EVALUATIONS.
``(a) Studies and Evaluations.--
``(1) Delegation.--The Secretary shall delegate to the
Director of the Institute for Education Sciences responsibility
to carry out this section.
``(2) Assessment.--The Secretary shall, directly or through
grants, contracts, or cooperative agreements awarded on a
competitive basis, assess the progress in the implementation of
this Act, including the effectiveness of State and local
efforts to provide--
``(A) a free appropriate public education to
children with disabilities; and
``(B) early intervention services to infants and
toddlers with disabilities, and infants and toddlers
who would be at risk of having substantial
developmental delays if early intervention services
were not provided to them.
``(b) National Assessment.--
``(1) In general.--The Secretary shall carry out a national
assessment of activities carried out with Federal funds under
this Act in order--
``(A) to determine the effectiveness of this Act in
achieving its purposes;
``(B) to provide timely information to the
President, Congress, the States, local educational
agencies, and the public on how to implement this Act
more effectively; and
``(C) to provide the President and Congress with
information that will be useful in developing
legislation to achieve the purposes of this Act more
effectively.
``(2) Consultation.--The Secretary shall plan, review, and
conduct the national assessment under this subsection in
consultation with researchers, State practitioners, local
practitioners, parents of children with disabilities, and other
appropriate individuals.
``(3) Scope of assessment.--The national assessment shall
assess the--
``(A) implementation of programs assisted under
this Act and the impact of those programs on addressing
the developmental, educational, and transitional needs
of, and improving the academic achievement and
functional outcomes of, children with disabilities to
enable the children to reach challenging developmental
goals and challenging State academic content standards
based on State academic assessments, including
alternative assessments;
``(B) types of programs and services that have
demonstrated the greatest likelihood of helping
students reach the challenging State academic content
standards and developmental goals;
``(C) implementation of the personal preparation
professional development activities assisted under this
Act and the impact on instruction, student academic
achievement, and teacher qualifications to enhance the
ability of special education teachers and regular
education teachers to improve results for children with
disabilities; and
``(D) effectiveness of schools, local educational
agencies, States, and other recipients of assistance
under this Act, in achieving the purposes of this Act
in--
``(i) improving the academic achievement of
children with disabilities and their
performance on regular statewide assessments,
and the performance of children with
disabilities on alternate assessments;
``(ii) improving the participation rate of
children with disabilities in the general
education curriculum;
``(iii) improving the transitions of
children with disabilities at natural
transition points;
``(iv) placing and serving children with
disabilities, including minority children, in
the least restrictive environment appropriate;
``(v) preventing children with
disabilities, especially children with
emotional disturbances and specific learning
disabilities, from dropping out of school;
``(vi) addressing the reading and literacy
needs of children with disabilities;
``(vii) coordinating services provided
under this Act with each other, with other
educational and pupil services (including
preschool services), and with health and social
services funded from other sources;
``(viii) improving the participation of
parents of children with disabilities in the
education of their children;
``(ix) resolving disagreements between
education personnel and parents through
alternate dispute resolution activities
including mediation and voluntary binding
arbitration; and
``(x) reducing the misidentification of
children, especially minority and limited
English proficient children.
``(4) Interim and final reports.--The Secretary shall
submit to the President and Congress--
``(A) an interim report that summarizes the
preliminary findings of the national assessment not
later than 3 years after the date of enactment of the
Individuals with Disabilities Education Improvement Act
of 2003; and
``(B) a final report of the findings of the
assessment not later than 5 years after the date of
enactment of the Individual with Disabilities Education
Improvement Act of 2003.
``(c) Study on Ensuring Accountability for Students With
Significant Disabilities.--The Secretary shall carry out a national
study or studies to examine--
``(1) the criteria that States use to determine eligibility
for alternate assessments and the number and type of children
who take those assessments;
``(2) the validity and reliability of alternate assessment
instruments and procedures;
``(3) the alignment of alternate assessments with State
academic content and achievement standards or with alternate
academic achievement standards; and
``(4) the use and effectiveness of alternate assessments in
appropriately measuring student progress and outcomes specific
to individualized instructional need.
``(d) Annual Report.--The Secretary shall provide an annual report
to Congress that--
``(1) summarizes the research conducted under section 662;
``(2) analyzes and summarizes the data reported by the
States and the Secretary of the Interior under section 618;
``(3) summarizes the studies and evaluations conducted
under this section and the timeline for their completion;
``(4) describes the extent and progress of the national
assessment; and
``(5) describes the findings and determinations resulting
from reviews of State implementation of this Act.
``(e) Authorized Activities.--In carrying out this subsection, the
Secretary may support objective studies, evaluations, and assessments,
including studies that--
``(1) analyze measurable impact, outcomes, and results
achieved by State educational agencies and local educational
agencies through their activities to reform policies,
procedures, and practices designed to improve educational and
transitional services and results for children with
disabilities;
``(2) analyze State and local needs for professional
development, parent training, and other appropriate activities
that can reduce the need for disciplinary actions involving
children with disabilities;
``(3) assess educational and transitional services and
results for children with disabilities from minority
backgrounds, including--
``(A) data on--
``(i) the number of minority children who
are referred for special education evaluation;
``(ii) the number of minority children who
are receiving special education and related
services and their educational or other service
placement;
``(iii) the number of minority children who
graduated from secondary programs with a
regular diploma in the standard number of
years; and
``(iv) the number of minority children who
drop out of the educational system; and
``(B) the performance of children with disabilities
from minority backgrounds on State assessments and
other performance indicators established for all
students;
``(4) measure educational and transitional services and
results of children with disabilities served under this Act,
including longitudinal studies that--
``(A) examine educational and transitional services
and results for children with disabilities who are 3
through 17 years of age and are receiving special
education and related services under this Act, using a
national, representative sample of distinct age cohorts
and disability categories; and
``(B) examine educational results, transition
services, postsecondary placement, and employment
status of individuals with disabilities, 18 through 21
years of age, who are receiving or have received
special education and related services under this Act;
and
``(5) identify and report on the placement of children with
disabilities by disability category.
``(f) Reservation for Studies and Technical Assistance.--
``(1) In general.--Except as provided in paragraph (2) and
notwithstanding any other provision of this Act, the Secretary
may reserve not more than \1/2\ of 1 percent of the amount
appropriated under parts B and C for each fiscal year to carry
out this section, of which $3,000,000 shall be available to
carry out subsection (c).
``(2) Maximum amount.--For the first fiscal year for which
the amount described in paragraph (1) is at least $40,000,000,
the maximum amount the Secretary may reserve under paragraph
(1), is $40,000,000. For each subsequent fiscal year, the
maximum amount the Secretary may reserve under paragraph (1) is
$40,000,000, increased by the cumulative rate of inflation
since the fiscal year described in the previous sentence.
``(3) Use of maximum amount.--In any fiscal year described
in paragraph (2) for which the Secretary reserves the maximum
amount described in that paragraph, the Secretary shall use at
least \1/2\ of the reserved amount for activities under
subsection (d).
``Subpart 3--Supports To Improve Results for Children With Disabilities
``SEC. 670. PURPOSES.
``The purposes of this subpart are to ensure that--
``(1) children with disabilities and their parents receive
training and information on their rights, responsibilities, and
protections under this Act, in order to develop the skills
necessary to cooperatively and effectively participate in
planning and decision making relating to early intervention,
educational, and transitional services;
``(2) parents, teachers, administrators, early intervention
personnel, related services personnel, and transition personnel
receive coordinated and accessible technical assistance and
information to assist them in improving early intervention,
educational, and transitional services and results for children
with disabilities and their families; and
``(3) appropriate technology and media are researched,
developed, and demonstrated, to improve and implement early
intervention, educational, and transitional services and
results for children with disabilities and their families.
``SEC. 671. PARENT TRAINING AND INFORMATION CENTERS.
``(a) Program Authorized.--The Secretary may award grants to, and
enter into contracts and cooperative agreements with, parent
organizations to support parent training and information centers to
carry out activities under this section.
``(b) Required Activities.--Each parent training and information
center that receives assistance under this section shall--
``(1) provide training and information that meets the needs
of parents of children with disabilities living in the area
served by the center, particularly underserved parents and
parents of children who may be inappropriately identified, to
enable their children with disabilities to--
``(A) meet developmental and functional goals, and
challenging academic achievement goals that have been
established for all children; and
``(B) be prepared to lead productive independent
adult lives, to the maximum extent possible;
``(2) serve the parents of infants, toddlers, and children
with the full range of disabilities described in section
602(3);
``(3) assist parents to--
``(A) better understand the nature of their
children's disabilities and their educational,
developmental, and transitional needs;
``(B) communicate effectively and work
collaboratively with personnel responsible for
providing special education, early intervention,
transition services, and related services;
``(C) participate in decisionmaking processes and
the development of individualized education programs
under part B and individualized family service plans
under part C;
``(D) obtain appropriate information about the
range, type, and quality of options, programs,
services, technologies, and research based practices
and interventions, and resources available to assist
children with disabilities and their families in school
and at home;
``(E) understand the provisions of this Act for the
education of, and the provision of early intervention
services to, children with disabilities; and
``(F) participate in school reform activities;
``(4) in States where the State elects to contract with the
parent training and information center, contract with State
educational agencies to provide, consistent with subparagraphs
(B) and (D) of section 615(e)(2), individuals who meet with
parents to explain the mediation process to the parents;
``(5) assist parents in resolving disputes in the most
expeditious and effective way possible, including encouraging
the use, and explaining the benefits, of alternative methods of
dispute resolution, such as the mediation process described in
section 615(e);
``(6) assist parents and students with disabilities to
understand their rights and responsibilities under this Act,
including those under section 615(m) on the student's reaching
the age of majority;
``(7) assist parents to understand the availability of, and
how to effectively use, procedural safeguards under this Act;
``(8) assist parents in understanding, preparing for, and
participating in, the process described in section
615(f)(1)(B);
``(9) network with appropriate clearinghouses, including
organizations conducting national dissemination activities
under section 663, and with other national, State, and local
organizations and agencies, such as protection and advocacy
agencies, that serve parents and families of children with the
full range of disabilities described in section 602(3); and
``(10) annually report to the Secretary on--
``(A) the number and demographics of parents to
whom the center provided information and training in
the most recently concluded fiscal year;
``(B) the effectiveness of strategies used to reach
and serve parents, including underserved parents of
children with disabilities; and
``(C) the number of parents served who have
resolved disputes through alternative methods of
dispute resolution.
``(c) Optional Activities.--A parent training and information
center that receives assistance under this section may provide
information to teachers and other professionals to assist the teachers
and professionals in improving results for children with disabilities.
``(d) Application Requirements.--Each application for assistance
under this section shall identify with specificity the special efforts
that the parent organization will undertake--
``(1) to ensure that the needs for training and information
of underserved parents of children with disabilities in the
area to be served are effectively met; and
``(2) to work with community based organizations.
``(e) Distribution of Funds.--
``(1) In general.--The Secretary shall--
``(A) make at least 1 award to a parent
organization in each State for a parent training and
information center which is designated as the statewide
parent training and information center; or
``(B) in the case of a large State, make awards to
multiple parent training and information centers, but
only if the centers demonstrate that coordinated
services and supports will occur among the multiple
centers.
``(2) Selection requirement.--The Secretary shall select
among applications submitted by parent organizations in a State
in a manner that ensures the most effective assistance to
parents, including parents in urban and rural areas, in the
State.
``(f) Quarterly Review.--
``(1) Meetings.--The board of directors of each parent
organization that receives an award under this section shall
meet at least once in each calendar quarter to review the
activities for which the award was made.
``(2) Continuation award.--When an organization requests a
continuation award under this section, the board of directors
shall submit to the Secretary a written review of the parent
training and information program conducted by the organization
during the preceding fiscal year.
``(g) Definition of Parent Organization.--As used in this section,
the term `parent organization' means a private nonprofit organization
(other than an institution of higher education) that has a board of
directors--
``(1) the majority of whom are parents of children with
disabilities ages birth through 26;
``(2) that includes--
``(A) individuals working in the fields of special
education, related services, and early intervention;
and
``(B) individuals with disabilities;
``(3) the parent and professional members of which are
broadly representative of the population to be served; and
``(4) has as its mission serving families of children and
youth with disabilities who--
``(A) are ages birth through 26; and
``(B) have the full range of disabilities described
in section 602(3).
``SEC. 672. COMMUNITY PARENT RESOURCE CENTERS.
``(a) In General.--The Secretary may award grants to, and enter
into contracts and cooperative agreements with, local parent
organizations to support parent training and information centers that
will help ensure that underserved parents of children with
disabilities, including low income parents, parents of children with
limited English proficiency, and parents with disabilities, have the
training and information the parents need to enable the parents to
participate effectively in helping their children with disabilities--
``(1) to meet developmental and functional goals, and
challenging academic achievement goals that have been
established for all children; and
``(2) to be prepared to lead productive independent adult
lives, to the maximum extent possible.
``(b) Required Activities.--Each community parent resource center
assisted under this section shall--
``(1) provide training and information that meets the
training and information needs of parents of children with
disabilities proposed to be served by the grant, contract, or
cooperative agreement;
``(2) carry out the activities required of parent training
and information centers under paragraphs (2) through (9) of
section 671(b);
``(3) establish cooperative partnerships with the parent
training and information centers funded under section 671; and
``(4) be designed to meet the specific needs of families
who experience significant isolation from available sources of
information and support.
``(c) Definition.--As used in this section, the term `local parent
organization' means a parent organization, as defined in section
671(g), that--
``(1) has a board of directors the majority of whom are
parents of children with disabilities ages birth through 26
from the community to be served; and
``(2) has as its mission serving parents of children with
disabilities who--
``(A) are ages birth through 26; and
``(B) have the full range of disabilities described
in section 602(3).
``SEC. 673. TECHNICAL ASSISTANCE FOR PARENT TRAINING AND INFORMATION
CENTERS.
``(a) In General.--The Secretary may, directly or through awards to
eligible entities, provide technical assistance for developing,
assisting, and coordinating parent training and information programs
carried out by parent training and information centers receiving
assistance under sections 671 and 672.
``(b) Authorized Activities.--The Secretary may provide technical
assistance to a parent training and information center under this
section in areas such as--
``(1) effective national coordination of parent training
efforts, which includes encouraging collaborative efforts among
award recipients under sections 671 and 672;
``(2) dissemination of information, scientifically based
research, and research based practices and interventions;
``(3) promotion of the use of technology, including
universal designed technologies, assistive technology devices,
and assistive technology services;
``(4) reaching underserved populations;
``(5) including children with disabilities in general
education programs;
``(6) facilitation of transitions from--
``(A) early intervention services to preschool;
``(B) preschool to elementary school;
``(C) elementary school to secondary school; and
``(D) secondary school to postsecondary
environments; and
``(7) promotion of alternative methods of dispute
resolution, including mediation.
``SEC. 674. TECHNOLOGY DEVELOPMENT, DEMONSTRATION, AND UTILIZATION; AND
MEDIA SERVICES.
``(a) In General.--The Secretary, on a competitive basis, shall
award grants to, and enter into contracts and cooperative agreements
with, eligible entities to support activities described in subsections
(b) and (c).
``(b) Technology Development, Demonstration, and Use.--
``(1) In general.--In carrying out this section, the
Secretary shall support activities to promote the development,
demonstration, and use of technology.
``(2) Authorized activities.--The following activities may
be carried out under this subsection:
``(A) Conducting research on and promoting the
demonstration and use of innovative, emerging, and
universally designed technologies for children with
disabilities, by improving the transfer of technology
from research and development to practice.
``(B) Supporting research, development, and
dissemination of technology with universal design
features, so that the technology is accessible to the
broadest range of individuals with disabilities without
further modification or adaptation.
``(C) Demonstrating the use of systems to provide
parents and teachers with information and training
concerning early diagnosis of, intervention for, and
effective teaching strategies for, young children with
reading disabilities.
``(D) Supporting the use of Internet-based
communications for students with cognitive disabilities
in order to maximize their academic and functional
skills.
``(c) Educational Media Services; Optional Activities.--In carrying
out this section, the Secretary may support--
``(1) educational media activities that are designed to be
of educational value in the classroom setting to children with
disabilities;
``(2) providing (A) video description, (B) open captioning,
(C) closed captioning of television programs, videos, or other
materials appropriate for use in the classroom setting, or (D)
news (but news only until September 30, 2006), when such
services are not provided by the producer or distributor of
such information, materials, or news, including programs and
materials associated with new and emerging technologies, such
as CDs, DVDs, video streaming, and other forms of multimedia;
``(3) distributing materials described in paragraphs (1)
and (2) through such mechanisms as a loan service; and
``(4) providing free educational materials, including
textbooks, in accessible media for visually impaired and print
disabled students in elementary schools and secondary schools.
``(d) Applications.--Any eligible entity that wishes to receive a
grant, or enter into a contract or cooperative agreement, under this
section shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of the fiscal years 2004 through 2009.
``SEC. 675. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out sections
671, 672, 673, and 663 such sums as may be necessary for each of the
fiscal years 2004 through 2009.
``Subpart 4--Interim Alternative Educational Settings, Behavioral
Supports, and Whole School Interventions
``SEC. 681. PURPOSE.
``The purpose of this subpart is to authorize resources to foster a
safe learning environment that supports academic achievement for all
students by improving the quality of interim alternative educational
settings, providing more behavioral supports in schools, and supporting
whole school interventions.
``SEC. 682. DEFINITION OF ELIGIBLE ENTITY.
``In this subpart, the term `eligible entity' means--
``(1) a local educational agency; or
``(2) a consortium consisting of a local educational agency
and 1 or more of the following entities:
``(A) another local educational agency;
``(B) a community-based organization with a
demonstrated record of effectiveness in helping special
needs students with behavioral challenges succeed;
``(C) an institution of higher education;
``(D) a mental health provider; or
``(E) an educational service agency.
``SEC. 683. PROGRAM AUTHORIZED.
``The Secretary is authorized to award grants, on a competitive
basis, to eligible entities to enable the eligible entities--
``(1) to establish or expand behavioral supports and whole
school behavioral interventions by providing for effective,
research-based practices, including--
``(A) comprehensive, early screening efforts for
students at risk for emotional and behavioral
difficulties;
``(B) training for school staff on early
identification, prereferral, and referral procedures;
``(C) training for administrators, teachers,
related services personnel, behavioral specialists, and
other school staff in whole school positive behavioral
interventions and supports, behavioral intervention
planning, and classroom and student management
techniques;
``(D) joint training for administrators, parents,
teachers, related services personnel, behavioral
specialists, and other school staff on effective
strategies for positive behavioral interventions and
behavior management strategies that focus on the
prevention of behavior problems;
``(E) developing or implementing specific
curricula, programs, or interventions aimed at
addressing behavioral problems;
``(F) stronger linkages between school-based
services and community-based resources, such as
community mental health and primary care providers; or
``(G) using behavioral specialists, related
services personnel, and other staff necessary to
implement behavioral supports; or
``(2) to improve interim alternative educational settings
by--
``(A) improving the training of administrators,
teachers, related services personnel, behavioral
specialists, and other school staff (including ongoing
mentoring of new teachers);
``(B) attracting and retaining a high quality,
diverse staff;
``(C) providing for on-site counseling services;
``(D) utilizing research-based interventions,
curriculum, and practices;
``(E) allowing students to use instructional
technology that provides individualized instruction;
``(F) ensuring that the services are fully
consistent with the goals of the individual student's
IEP;
``(G) promoting effective case management and
collaboration among parents, teachers, physicians,
related services personnel, behavioral specialists,
principals, administrators, and other school staff;
``(H) promoting interagency coordination and
coordinated service delivery among schools, juvenile
courts, child welfare agencies, community mental health
providers, primary care providers, public recreation
agencies, and community-based organizations; or
``(I) providing for behavioral specialists to help
students transitioning from interim alternative
educational settings reintegrate into their regular
classrooms.
``SEC. 684. PROGRAM EVALUATIONS.
``(a) Report and Evaluation.--Each eligible entity receiving a
grant under this subpart shall prepare and submit annually to the
Secretary a report on the outcomes of the activities assisted under the
grant.
``(b) Best Practices on Web Site.--The Secretary shall make
available on the Department's web site information for parents,
teachers, and school administrators on best practices for interim
alternative educational settings, behavior supports, and whole school
intervention.
``SEC. 685. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
$50,000,000 for fiscal year 2004 and such sums as may be necessary for
each of the 5 succeeding fiscal years.''.
TITLE II--REHABILITATION ACT OF 1973
SEC. 201. FINDINGS.
Section 2(a) of the Rehabilitation Act of 1973 (29 U.S.C. 701(a))
is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(7) there is a substantial need to improve and expand
services for students with disabilities under this Act.''.
SEC. 202. DEFINITIONS.
Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705) is
amended--
(1) by redesignating paragraphs (35) through (39) as
paragraphs (36) through (40), respectively;
(2) in subparagraph (A)(ii) of paragraph (36) (as
redesignated in paragraph (1)), by striking ``paragraph
(36)(C)'' and inserting ``paragraph (37)(C)''; and
(3) by inserting after paragraph (34) the following:
``(35)(A) The term `student with a disability' means an
individual with a disability who--
``(i) is not younger than 14 and not older than 21;
``(ii) has been determined to be eligible under
section 102(a) for assistance under this title; and
``(iii)(I) is eligible for, and is receiving,
special education under part B of the Individuals with
Disabilities Education Act (29 U.S.C. 1411 et seq.); or
``(II) is an individual with a disability, for
purposes of section 504.
``(B) The term `students with disabilities' means more than
1 student with a disability.''.
SEC. 203. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.
Section 100 of the Rehabilitation Act of 1973 (29 U.S.C. 720) is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Additional Authorization of Appropriations for Services to
Students With Disabilities.--In addition to any funds appropriated
under subsection (b)(1), there are authorized to be appropriated such
sums as may be necessary for fiscal years 2004 through 2009 to carry
out programs and activities under sections 101(a)(25)(B) and
103(b)(6).''.
SEC. 204. STATE PLAN.
(a) Assessment and Strategies.--Section 101(a)(15) of the
Rehabilitation Act of 1973 (29 U.S.C. 721(a)(15)) is amended--
(1) in subparagraph (A)(i)--
(A) in subclause (II), by striking ``and'' at the
end;
(B) in subclause (III), by adding ``and'' at the
end; and
(C) by adding at the end the following:
``(IV) students with disabilities,
including their need for transition
services;''; and
(2) in subparagraph (D)--
(A) by redesignating clauses (iii), (iv), and (v)
as clauses (iv), (v), and (vi), respectively; and
(B) by inserting after clause (ii) the following:
``(iii) the methods to be used to improve
and expand vocational rehabilitation services
for students with disabilities, including the
coordination of services designed to facilitate
the transition of such students from the
receipt of educational services in school to
the receipt of vocational rehabilitation
services under this title.''.
(b) Services for Students With Disabilities.--Section 101(a) of the
Rehabilitation Act of 1973 (29 U.S.C. 721(a)) is amended by adding at
the end the following:
``(25) Services for Students With Disabilities.--The State
plan shall provide an assurance satisfactory to the Secretary
that the State--
``(A) has developed and implemented strategies to
address the needs identified in the assessment
described in paragraph (15), and achieve the goals and
priorities identified by the State, to improve and
expand vocational rehabilitation services for students
with disabilities on a statewide basis in accordance
with paragraph (15); and
``(B) will use funds appropriated under section
100(d) to carry out programs or activities designed to
improve and expand vocational rehabilitation services
for students with disabilities that--
``(i) facilitate the transition of the
students with disabilities from the receipt of
educational services in school, to the receipt
of vocational rehabilitation services under
this title, including, at a minimum, those
services specified in the interagency agreement
required in paragraph (11)(D);
``(ii) improve the achievement of post-
school goals of students with disabilities,
including improving the achievement through
attendance at meetings regarding individualized
education programs developed under section 614
of the Individuals with Disabilities Education
Act (20 U.S.C. 1414);
``(iii) provide vocational guidance, career
exploration services, and job search skills and
strategies and technical assistance to students
with disabilities;
``(iv) support the provision of training
and technical assistance to State and local
educational agency and designated State agency
personnel responsible for the planning and
provision of services to students with
disabilities; and
``(v) support outreach activities to
students with disabilities who are eligible
for, and need, services under this title.''.
SEC. 205. SCOPE OF SERVICES.
Section 103 of the Rehabilitation Act of 1973 (29 U.S.C. 723) is
amended--
(1) in subsection (a)(15), by inserting ``, including
services described in clauses (i) through (iii) of section
101(a)(25)(B)'' before the semicolon; and
(2) in subsection (b), by striking paragraph (6) and
inserting the following:
``(6)(A)(i) Consultation and technical assistance services
to assist State and local educational agencies in planning for
the transition of students with disabilities from school to
post-school activities, including employment.
``(ii) Training and technical assistance described in
section 101(a)(25)(B)(iv).
``(B) Services for groups of individuals with disabilities
who meet the requirements of clauses (i) and (iii) of section
7(35)(A), including services described in clauses (i), (ii),
(iii), and (v) of section 101(a)(25)(B), to assist in the
transition from school to post-school activities.''.
SEC. 206. STANDARDS AND INDICATORS.
Section 106(a) of the Rehabilitation Act of 1973 (29 U.S.C. 726(a))
is amended by striking paragraph (1)(C) and all that follows through
paragraph (2) and inserting the following:
``(2) Measures.--The standards and indicators shall include
outcome and related measures of program performance that--
``(A) facilitate the accomplishment of the purpose
and policy of this title;
``(B) to the maximum extent practicable, are
consistent with the core indicators of performance, and
corresponding State adjusted levels of performance,
established under section 136(b) of the Workforce
Investment Act of 1998 (29 U.S.C. 2871(b)); and
``(C) include measures of the program's performance
with respect to the transition to post-school
activities, and achievement of the post-school goals,
of students with disabilities served under the
program.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S7836-7837)
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Committee on Health, Education, Labor, and Pensions. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Health, Education, Labor, and Pensions. Reported by Senator Gregg with an amendment in the nature of a substitute. With written report No. 108-185.
Committee on Health, Education, Labor, and Pensions. Reported by Senator Gregg with an amendment in the nature of a substitute. With written report No. 108-185.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 362.
Measure laid before Senate by unanimous consent. (consideration: CR S5250-5360; text as reported in Senate: CR S5250-5325)
Considered by Senate. (consideration: CR S5394-5411)
Senate incorporated this measure in H.R. 1350 as an amendment.
Senate passed measure H.R. 1350 in lieu of this measure by Yea-Nay Vote. 95 - 3. Record Vote Number: 94.
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Returned to the Calendar. Calendar No. 362.