108th CONGRESS
1st Session
H. R. 1350
AN ACT
To reauthorize the Individuals with Disabilities Education Act, and for other
purposes.
HR 1350 EH
108th CONGRESS
1st Session
H. R. 1350
AN ACT
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 `Improving Education Results for Children
With Disabilities Act of 2003'.
TITLE I--GENERAL PROVISIONS
SEC. 101. SECTIONS 601 THROUGH 603 OF THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
Sections 601 through 603 of the Individuals with Disabilities Education
Act (20 U.S.C. 1400-1402) are amended to read as follows:
`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. 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.
`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, enforcement, withholding, and judicial
review.
`Sec. 617. Administration.
`Sec. 618. Program information.
`Sec. 619. Preschool grants.
`Part C--Infants and Toddlers with Disabilities
`Sec. 631. Findings and policy.
`Sec. 633. General authority.
`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
`SUBPART 1--STATE PROFESSIONAL DEVELOPMENT GRANTS
`Sec. 653. Eligibility and collaborative process.
`Sec. 656. State grant amounts.
`Sec. 657. Authorization of appropriations.
`SUBPART 2--SCIENTIFICALLY BASED RESEARCH; TECHNICAL ASSISTANCE; MODEL
DEMONSTRATION PROJECTS; DISSEMINATION OF INFORMATION; AND PERSONNEL PREPARATION
PROGRAMS
`Sec. 662. Administrative provisions.
`Sec. 663. Research to improve results for children with
disabilities.
`Sec. 664. Technical assistance, demonstration projects, dissemination
of information, and implementation of scientifically based research.
`Sec. 665. Personnel preparation programs to improve services and
results for children with disabilities.
`Sec. 666. Studies and evaluations.
`Sec. 667. Authorization of appropriations.
`SUBPART 3--SUPPORTS TO IMPROVE RESULTS FOR CHILDREN WITH DISABILITIES
`Sec. 672. Parent training and information centers.
`Sec. 673. Community parent resource centers.
`Sec. 674. Technical assistance for parent training and information
centers.
`Sec. 675. Technology development, demonstration, and utilization; and
media services.
`(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 special
educational needs of millions of children with disabilities were not being
fully met and there were many children with disabilities participating in
regular school programs whose undiagnosed disabilities prevented them from
having a successful educational experience.
`(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) 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--
`(i) to meet developmental goals and, to the maximum extent
possible, the challenging expectations that have been established for
all children; and
`(ii) to 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, State, and Federal school
improvement efforts, including efforts under the Elementary and Secondary
Education Act of 1965, in order to ensure that children with disabilities
benefit from such efforts and that special education can become a service
for such children rather than a place where they are sent;
`(D) supporting high-quality, intensive professional development for
personnel who work with children with disabilities;
`(E) providing incentives for scientifically based reading programs
and prereferral intervention services to reduce the need to label children
as disabled in order to address their learning needs;
`(F) focusing resources on teaching and learning while reducing
paperwork and requirements that do not assist in improving educational
results; and
`(G) supporting the development and use of technology, including
assistive technology devices and services, to maximize accessibility for
children with disabilities.
`(5) 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 has 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.
`(6) 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.
`(7)(A) The Federal Government must respond to the growing needs of an
increasingly diverse society.
`(B) America's ethnic profile is rapidly changing. In the year 2000,
nearly one of every three persons in America 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 in order to provide appropriate role
models with sufficient knowledge to address the special education needs of
these students.
`(8)(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, assessment, and provision of services for our Nation's students
from non-English language backgrounds.
`(9)(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 overidentified as having mental
retardation and emotional disturbance at rates greater than their white
counterparts.
`(D) In the 1998-99 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 predominantly Caucasian
students and teachers have placed disproportionately high numbers of their
minority students into special education.
`(10)(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 full participation by minority individuals,
organizations, and historically black colleges and universities in awards
for grants and contracts, boards of organizations receiving assistance under
this Act, peer review panels, and training of professionals in the area of
special education is essential 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 further education, employment, 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
system improvement 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 one
or more of the following areas: physical development, cognitive
development, communication development, social or emotional development,
or adaptive development; and
`(ii) who, by reason thereof, needs special education and related
services.
`(4) 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 and secondary schools of the State; and
`(B) includes any other public institution or agency having
administrative control and direction over a public elementary or secondary
school.
`(5) ELEMENTARY SCHOOL- The term `elementary school' means a nonprofit
institutional day or residential school that provides elementary education,
as determined under State law.
`(6) 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.
`(7) 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 or secondary
school student, as may be appropriate, and which shall be computed after
deducting--
`(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 title III of that Act; and
`(B) any State or local funds expended for programs that would qualify
for assistance under any of the provisions of law described in
subparagraph (A).
`(8) 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, or secondary school
education in the State involved that is reasonably calculated to provide
educational benefit to enable the child with a disability to access the
general curriculum; and
`(D) are provided in conformity with the individualized education
program required under section 614(d).
`(9) HIGHLY QUALIFIED- The term `highly qualified' has the same meaning
as that term in section 9101 of the Elementary and Secondary Education Act
of 1965.
`(10) INDIAN- The term `Indian' means an individual who is a member of
an Indian tribe.
`(11) 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).
`(12) 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).
`(13) INDIVIDUALIZED FAMILY SERVICE PLAN- The term `individualized
family service plan' has the meaning given such term in section 636.
`(14) INFANT OR TODDLER WITH A DISABILITY- The term `infant or toddler
with a disability' has the meaning given such term in section 632.
`(15) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher
education'--
`(A) has the meaning given that term in subsection (a) or (b) of
section 101 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 Community College
Assistance Act of 1978.
`(16) 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 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 or secondary
schools.
`(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 or secondary
school.
`(C) The term includes an elementary 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.
`(17) NATIVE LANGUAGE- The term `native language', when used with
reference 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.
`(18) NONPROFIT- The term `nonprofit', as applied to a school, agency,
organization, or institution, means a school, agency, organization, or
institution owned and operated by one or more nonprofit corporations or
associations no part of the net earnings of which inures, or may lawfully
inure, to the benefit of any private shareholder or individual.
`(19) OUTLYING AREA- The term `outlying area' means the United States
Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
`(20) 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.
`(21) PARENT ORGANIZATION- The term `parent organization' has the
meaning given that term in section 672(g).
`(22) PARENT TRAINING AND INFORMATION CENTER- The term `parent training
and information center' means a center assisted under sections 672 and
673.
`(23) 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, 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.
`(24) 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.
`(25) SECRETARY- The term `Secretary' means the Secretary of
Education.
`(26) 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.
`(27) SPECIFIC LEARNING DISABILITY-
`(A) IN GENERAL- The term `specific learning disability' means a
disorder in one or more of the basic psychological processes involved in
understanding or in using language, spoken or written, which disorder may
manifest itself in imperfect ability to listen, think, speak, read, write,
spell, or do mathematical calculations.
`(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.
`(28) 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.
`(29) STATE EDUCATIONAL AGENCY- The term `State educational agency'
means the State board of education or other agency or officer primarily
responsible for the State supervision of public elementary and secondary
schools, or, if there is no such officer or agency, an officer or agency
designated by the Governor or by State law.
`(30) 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).
`(31) TRANSITION SERVICES- The term `transition services' means a
coordinated set of activities for a child with a disability that--
`(A) is designed within a results-oriented process, that is focused on
improving the academic and developmental achievement of the child with a
disability to facilitate the child's move 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 upon the individual child's needs, taking into account
the child's skills, 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. 102. SECTIONS 605 THROUGH 607 OF THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
Sections 605 through 607 of the Individuals with Disabilities Education
Act (20 U.S.C. 1404-1406) are amended to read as follows:
`SEC. 605. ACQUISITION OF EQUIPMENT; CONSTRUCTION OR ALTERATION OF
FACILITIES.
`(a) IN GENERAL- If the Secretary determines that a program authorized
under this Act would 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 part 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, particularly as teachers, related services
personnel, early intervention providers, and administrators, in programs
assisted under this Act.
`SEC. 607. REQUIREMENTS FOR PRESCRIBING REGULATIONS.
`(a) IN GENERAL- The Secretary may issue regulations under this Act only
to the extent that such regulations are reasonably necessary to ensure that
there is compliance with the specific requirements of 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
would--
`(1) violate or contradict any provision of this Act; and
`(2) procedurally or substantively lessen the protections provided to
children with disabilities under this Act, as embodied in regulations in
effect on July 20, 1983 (particularly as such protections relate 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 at least 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 on issues of national significance)
that--
`(1) would 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) CORRESPONDENCE FROM DEPARTMENT OF EDUCATION DESCRIBING
INTERPRETATIONS OF THIS PART-
`(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 section 553 of title 5, United States Code.
`(f) EXPLANATION AND ASSURANCES- Any written response by the Secretary
under subsection (e) regarding a policy, question, or interpretation under
this Act shall include an explanation in the written response that the
response--
`(1) is issued, when required, in compliance with the requirements of
section 553 of title 5, United States Code; and
`(2) is provided as informal guidance and represents only the
interpretation by the Department of Education of the applicable statutory or
regulatory requirements in the context of the specific facts presented in
the original question.'.
SEC. 103. SECTION 608 OF THE INDIVIDUALS WITH DISABILITIES EDUCATION
ACT.
Part A of the Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.) is amended by adding at the end the following:
`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) minimize the number of rules, regulations, and policies to which
the State's local educational agencies and schools are subject to under this
Act.
`(b) SUPPORT AND FACILITATION- All State rules, regulations, and policies
relating to 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. 104. GAO REPORTS.
(1) REVIEW- The Comptroller General shall conduct a review of all
Federal requirements under the Individuals with Disabilities Education Act,
and the requirements of a reasonable sample of State and local educational
agencies relating to such Act, to determine which requirements result in
excessive paperwork completion burdens for teachers, related services
providers, and school administrators. As part of such review, the
Comptroller General shall include recommendations to reduce or eliminate the
excessive paperwork burdens described in the preceding sentence.
(2) REPORT- Not later than 2 years after the date of the enactment of
this Act, and once every 2 years thereafter, the Comptroller General shall
prepare and submit to the appropriate congressional committees a report that
contains the results of the review under paragraph (1).
(b) DISABILITY DEFINITIONS-
(1) REVIEW- The Comptroller General of the United States shall conduct a
review of--
(A) variation among States in definitions, and evaluation processes,
relating to the provision of services under the Individuals with
Disabilities Education Act to children having conditions described in
section 602(a)(3) of such Act using the terms `emotional disturbance',
`other health impairments', and `specific learning disability';
and
(B) the degree to which these definitions and evaluation processes
conform to scientific, peer-reviewed research.
(2) REPORT- Not later than 2 years after the date of the enactment of
this Act, the Comptroller General shall prepare and submit to the
appropriate congressional committees a report that contains the results of
the review under paragraph (1).
(c) DISTANCE LEARNING PROFESSIONAL DEVELOPMENT PROGRAMS-
(1) STUDY- The Comptroller General shall conduct a study on existing or
developing professional development programs for special education personnel
delivered through the use of technology and distance learning.
(2) REPORT- Not later than 2 years after the date of the enactment of
this Act, the Comptroller General shall submit a report containing the
findings from the study conducted under paragraph (1) to the appropriate
congressional committees.
(d) LIMITED ENGLISH PROFICIENT CHILDREN WITH DISABILITIES-
(1) STUDY- The Comptroller General shall conduct a study on how limited
English proficient students are being served under the Individuals with
Disabilities Education Act.
(2) REPORT- Not later than 2 years after the date of the enactment of
the Improving Education Results for Children With Disabilities Act of 2003,
the Comptroller General of the United States shall submit a report
containing the findings from the study conducted under paragraph (1) to the
appropriate congressional committees.
(e) DEFINITION- In this section, the term `appropriate congressional
committees' means the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and Pensions of
the Senate.
TITLE II--ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH
DISABILITIES
SEC. 201. AUTHORIZATION; ALLOTMENT; USE OF FUNDS; AUTHORIZATION OF
APPROPRIATIONS.
Section 611 of the Individuals with Disabilities Education Act (20 U.S.C.
1411) is amended to read as follows:
`SEC. 611. AUTHORIZATION; ALLOTMENT; USE OF FUNDS; AUTHORIZATION OF
APPROPRIATIONS.
`(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 AMOUNTS- The maximum amount of the grant a State may
receive under this section for any fiscal year is--
`(A) the number of children with disabilities in the State who are
receiving special education and related services--
`(i) aged 3 through 5 if the State is 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 and secondary schools in the United States.
`(3) LIMITATION- Notwithstanding paragraph (2), the maximum amount of
the grant a State may receive under this section for a fiscal year may not
be based on the number of children ages 3 through 17, inclusive, in excess
of 13.5 percent of the number of all children in that age range in the
State.
`(1) FUNDS RESERVED- From the amount appropriated for any fiscal year
under subsection (i), the Secretary shall reserve not more than one percent,
which shall be used to provide assistance to the outlying areas in
accordance with their respective populations of individuals aged 3 through
21.
`(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 those areas under this section.
`(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 (h).
`(d) ALLOCATIONS TO STATES-
`(1) IN GENERAL- After reserving funds for payments to the outlying
areas and the Secretary of the Interior under subsections (b) and (c), 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 does
not make a free appropriate public education available to all children with
disabilities aged 3 through 5 in the State in any 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 the 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) is greater than the amount allocated to the
States under this paragraph for the preceding fiscal year, those allocations
shall be calculated as follows:
`(A)(i) Except as provided in subparagraph (B), the Secretary shall
allocate--
`(I) to each State the amount it received for fiscal year
1999;
`(II) 85 percent of any remaining funds to States on the basis of
their 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
their relative populations of children described in subclause (II) who
are living in poverty.
`(ii) 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) Notwithstanding subparagraph (A), allocations under this
paragraph shall be subject to the following:
`(i) No State's allocation shall be less than its allocation for the
preceding fiscal year.
`(ii) No State's allocation shall be less than the greatest
of--
`(aa) the amount it received for fiscal year 1999; and
`(bb) one-third of one percent of the amount by which the amount
appropriated under subsection (i) exceeds the amount appropriated under this
section for fiscal year 1999;
`(aa) the amount it received for the preceding fiscal year;
and
`(bb) that amount multiplied by the percentage by which the increase
in the funds appropriated from the preceding fiscal year exceeds 1.5 percent;
or
`(aa) the amount it received for the preceding fiscal year;
and
`(bb) that amount multiplied by 90 percent of the percentage increase
in the amount appropriated from the preceding fiscal year.
`(iii) Notwithstanding clause (ii), no State's allocation under this
paragraph shall exceed the sum of--
`(I) the amount it received 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.
`(C) 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) 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) 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 it received for fiscal year 1999; and
`(ii) an amount that bears the same relation to any remaining funds
as the increase the State received for the preceding fiscal year over
fiscal year 1999 bears to the total of all such increases for all
States.
`(B)(i) If the amount available for allocations is equal to or less
than the amount allocated to the States for fiscal year 1999, each State
shall be allocated the amount it received for fiscal year 1999.
`(ii) If the amount available is insufficient to make the allocations
described in clause (i), those allocations shall be ratably
reduced.
`(e) STATE-LEVEL ACTIVITIES-
`(A) Each State may retain not more than the amount described in
subparagraph (B) for administration and other State-level activities in
accordance with paragraphs (2), (3), and (4).
`(B) 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--
`(i) the percentage increase, if any, from the preceding fiscal year
in the State's allocation under this section; or
`(ii) the rate of inflation, as measured by 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.
`(C) A State may use funds it retains under subparagraph (A) without
regard to--
`(i) the prohibition on commingling of funds in section
612(a)(18)(B); and
`(ii) the prohibition on supplanting other funds in section
612(a)(18)(C).
`(2) STATE ADMINISTRATION-
`(A) For the purpose of administering this part, including section 619
(including 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 use not more than 20 percent of the maximum
amount it may retain under paragraph (1)(A) for any fiscal year or
$750,000, whichever is greater; and
`(ii) each outlying area may use up to 5 percent of the amount it
receives under this section for any fiscal year or $35,000 (adjusted by
the cumulative rate of inflation since fiscal year 1998, 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.
`(B) Funds described in subparagraph (A) 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.
`(3) HIGH COST SPECIAL EDUCATION AND RELATED SERVICES- Each State may
use not more than 40 percent of the maximum amount it may retain under
paragraph (1)(A) for any fiscal year to establish and implement cost or risk
sharing funds, consortia, or cooperatives to assist local educational
agencies in providing high cost special education and related
services.
`(4) OTHER STATE-LEVEL ACTIVITIES- Each State shall use any funds it
retains under paragraph (1) and does not use under paragraph (2) or (3) for
any of the following:
`(A) Support and direct services, including technical assistance and
personnel development and training.
`(B) Administrative costs of monitoring and complaint
investigation.
`(C) To establish and implement the mediation and voluntary binding
arbitration processes required by sections 612(a)(17) and 615(e),
including providing for the costs of mediators, arbitrators, and support
personnel.
`(D) To assist local educational agencies in meeting personnel
shortages.
`(E) 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.
`(F) To support paperwork reduction activities, including expanding
the appropriate use of technology in the IEP process under this
part.
`(G) To develop and maintain a comprehensive, coordinated, prereferral
educational support system for students in kindergarten through grade 12
(with a particular emphasis on students in kindergarten through grade 3)
who are not enrolled in special education but who need additional academic
and behavioral support to succeed in a general education
environment.
`(H) To support capacity building activities and improve the delivery
of services by local educational agencies to improve results for children
with disabilities.
`(I) For subgrants to local educational agencies for the purposes
described in paragraph (5)(A).
`(5)(A) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES FOR ACCOUNTABILITY- In
any fiscal year in which the percentage increase in the State's allocation
under this section exceeds the rate of inflation (as measured by 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), each State shall reserve, from its
allocation under this section, the amount described in subparagraph (B) to
make subgrants to local educational agencies, unless that amount is less
than $100,000, to provide technical assistance and direct services to local
educational agencies identified as being in need of improvement under
section 1116 of the Elementary and Secondary Education Act of 1965 on the
basis, in whole or in part, of the assessment results of the disaggregated
subgroup of students with disabilities, including providing professional
development to special and regular education teachers, based on
scientifically based research to improve educational instruction.
`(B) MAXIMUM SUBGRANT- For each fiscal year, the amount referred to in
subparagraph (A) is--
`(i) the maximum amount the State was allowed to retain under
paragraph (1)(A) for the prior fiscal year, or for fiscal year 1998, 25
percent of the State's allocation for fiscal year 1997 under this section;
multiplied by
`(ii) the difference between the percentage increase in the State's
allocation under this section and the rate of inflation, as measured by
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.
`(6) 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--
`(A) how amounts retained under paragraph (1) will be used to meet the
requirements of this part;
`(B) how those amounts will be allocated among the activities
described in this subsection to meet State priorities based on input from
local educational agencies; and
`(C) the percentage of those amounts, if any, that will be distributed
to local educational agencies by formula.
`(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 it does not retain
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- For each
fiscal year for which funds are allocated to States under subsection (e),
each State shall allocate funds under paragraph (1) as follows:
`(A) BASE PAYMENTS- The State shall first award each agency described
in paragraph (1) the amount that 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 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 agencies on
the basis of the relative numbers of children enrolled in public and
private elementary and secondary schools within the agency's
jurisdiction; and
`(ii) allocate 15 percent of those remaining funds to those 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 agency with State and local funds, the State educational
agency may reallocate any portion of the funds under this part that are not
needed by that local agency to provide a free appropriate public education
to other local educational agencies in the State that are not adequately
providing special education and related services to all children with
disabilities residing in the areas they serve.
`(4) SPECIAL RULE FOR INCREASED FUNDS-
`(A) IN GENERAL- If the amount available for allocations to States
under subsection (d)(1) for a fiscal year is equal to or greater than the
amount allocated to States for fiscal year 2003, then each State may
retain not more than the amount of funds it had reserved under subsection
(e)(1)(B) for fiscal year 2003.
`(B) EXCEPTION- In any fiscal year in which the percentage increase of
the amount available for allocations to States under subsection (d)(1) is
equal to or greater than the rate of inflation, each State may increase
its allocation under subsection (e)(1)(B) by the amount allowed under
subsection (e)(4)(B), for the sole purpose of making grants under
subsection (e)(4)(A).
`(g) DEFINITIONS- For the purpose of this section--
`(1) the term `average per-pupil expenditure in public elementary 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 agencies; divided by
`(B) the aggregate number of children in average daily attendance to
whom those 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 to 21,
inclusive, enrolled in elementary 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. Of the amount
described in the preceding sentence--
`(i) 80 percent shall be allocated to such schools by July 1 of that
fiscal year; and
`(ii) 20 percent shall be allocated to such schools by September 30
of that fiscal year.
`(B) CALCULATION OF NUMBER OF CHILDREN- In the case of Indian students
aged 3 to 5, inclusive, 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
have 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
to 21, inclusive, 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,
enforcement, 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 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) ANNUAL 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 an annual 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 year following the one in which the report is made.
The Secretary of the Interior shall include a summary of this information
on an annual 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. It 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)(22), 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).
`(A) IN GENERAL- The advisory board established under paragraph (5)
shall prepare and submit to the Secretary of the Interior and to the
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--
`(1) $11,074,398,000 for fiscal year 2004;
`(2) $13,574,398,000 for fiscal year 2005;
`(3) $15,746,302,000 for fiscal year 2006;
`(4) $17,918,205,000 for fiscal year 2007;
`(5) $20,090,109,000 for fiscal year 2008;
`(6) $22,262,307,000 for fiscal year 2009;
`(7) $25,198,603,000 for fiscal year 2010; and
`(8) such sums as may be necessary for fiscal year 2011 and each
subsequent fiscal year.'.
SEC. 202. STATE ELIGIBILITY.
(a) IN GENERAL- (1) Section 612(a) of the Individuals with Disabilities
Education Act (20 U.S.C. 1412(a)) is amended in the matter preceding paragraph
(1) by striking `demonstrates to the satisfaction of' and inserting
`reasonably demonstrates to'.
(2) Paragraphs (1) through (11) of section 612(a) of the Individuals with
Disabilities Education Act (20 U.S.C. 1412(a)(1)-(11)) are amended to read as
follows:
`(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) of this Act; 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.
`(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- If the State uses a funding mechanism by which the
State distributes State funds on the basis of the type of setting in
which a child is served, the funding mechanism does not result in
placements that violate the requirements of subparagraph
(A).
`(ii) ASSURANCE- If the State does not have policies and procedures
to ensure compliance with clause (i), the State shall provide the
Secretary an assurance that it 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 for services
under this Act 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(d)
(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 section 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 and secondary schools in the area
served by such 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 a local
educational agency shall be equal to a proportionate amount of Federal
funds made available under this part.
`(II) In calculating the proportionate share of Federal funds, the
local educational agency, after timely and meaningful consultation
with representatives of children with disabilities parentally-placed
in private schools as described in clause (iii), shall conduct a
thorough and complete child-find process to determine the number of
parentally-placed children with disabilities attending private schools
located in the district.
`(III) Such services may be provided to children with disabilities
on the premises of private, including religious, schools, to the
extent consistent with law.
`(IV) State and local funds may supplement and in no case shall
supplant the proportionate amount of Federal funds required to be
expended under this paragraph.
`(V) Each local educational agency maintains in its records and
provides to the State educational agency the number of children
evaluated under this paragraph, the number of children determined to
be children with disabilities, 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 and secondary schools.
`(II) EQUITABLE PARTICIPATION- The child-find process must 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 in 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--
`(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 those funds were calculated;
`(III) the consultation process among the 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;
and
`(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.
`(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.
`(v) PROVISION OF SERVICES-
`(I) DIRECTLY OR THROUGH CONTRACTS- An agency may provide special
education and related services directly or through contracts with
public and private agencies, organizations, and
institutions.
`(II) SECULAR, NEUTRAL, NONIDEOLOGICAL- Special education and
related services, including materials and equipment, shall be secular,
neutral, and nonideological.
`(vi) PUBLIC CONTROL OF FUNDS-
`(I) IN GENERAL- 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.
`(II) PROVISION OF SERVICES- The provision of services under this
Act shall be provided--
`(aa) by employees of a public agency; or
`(bb) through contract by the public agency with an individual,
association, agency, organization, or other entity.
`(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 they 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 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--
`(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)(7), 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;
`(bb) the parents had not received notice, pursuant to section 615,
of the notice requirement in clause (iii)(I); or
`(cc) compliance with clause (iii)(I) would likely result in physical
harm to the child; 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 or cannot write in English;
or
`(bb) compliance with clause (iii)(I) would likely result in 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.'.
(3) Paragraphs (13) through (22) of section 612(a) of the Individuals with
Disabilities Education Act (20 U.S.C. 1412(a)(13)-(22)) are amended to read as
follows:
`(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.
`(B) STANDARDS DESCRIBED- Such standards shall--
`(i) ensure that special education teachers who teach in core
academic subjects are highly qualified in those subjects;
`(ii) be 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 in order to ensure that
such individuals are qualified to provide such services; and
`(iii) allow paraprofessionals and assistants who are appropriately
trained and supervised, in accordance with State law, regulations, or
written policy, in meeting the requirements of this part to be used to
assist in the provision of special education and related services to
children with disabilities under this part.
`(C) INNOVATIVE STRATEGIES FOR PROFESSIONAL DEVELOPMENT- The State
educational agency encourages the development and use of research-based
innovative strategies, such as strategies using technology, peer networks,
and distance learning, to deliver intensive professional development
programs for special and regular education teachers, administrators,
principals, and related services personnel that--
`(i) improve educational results for students with disabilities;
and
`(ii) are both cost-effective and easily accessible.
`(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 dropout 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 those goals described in subparagraph
(A), including measurable annual objectives for progress by children with
disabilities under section 1111(b)(2)(C) 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), which may
include elements of the reports required under section 1111(h) of the
Elementary and Secondary Education Act of 1965.
`(16) PARTICIPATION IN ASSESSMENTS-
`(A) IN GENERAL- (i) All children with disabilities are included in
all general State and district-wide assessment programs, including
assessments described under title I of the Elementary and Secondary
Education Act of 1965, with appropriate accommodations, where necessary
and as indicated in their respective individualized education
programs.
`(ii) The State (or, in the case of a district-wide assessment, the
local educational agency) has developed and implemented guidelines for the
provision of accommodations described in clause (i).
`(iii) The State (or, in the case of a district-wide assessment the
local educational agency)--
`(I) 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 clause (i);
and
`(II) conducts those alternate assessments.
`(B) REPORTS- The State educational agency (or, in the case of a
district-wide 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.
`(iii) 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 would
not reveal personally identifiable information about an individual
student), compared with the achievement of all children, including
children with disabilities, on those assessments.
`(17) DISPUTE RESOLUTION- The State has in effect systems of mediation
and voluntary binding arbitration pursuant to section 615(e).
`(18) 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.
`(19) 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
one 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 (18)(C) of this
section 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.
`(20) 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.
`(21) 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;
`(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 one 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 or parents of children with disabilities
ages birth through 26.
`(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.
`(22) SUSPENSION AND EXPULSION RATES-
`(A) IN GENERAL- The State educational agency examines data, including
data disaggregated by race and ethnicity, 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 positive behavioral
interventions and supports, and procedural safeguards, to ensure that such
policies, procedures, and practices comply with this Act.'.
(4) Section 612(a) of the Individuals with Disabilities Education Act (20
U.S.C. 1412(a)(13)-(22)) is amended by adding at the end the following:
`(23) 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 Improving Education Results for Children With
Disabilities 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.
`(24) OVERIDENTIFICATION AND DISPROPORTIONALITY- The State has in
effect, consistent with the purposes of this Act and with section 618,
policies and procedures designed to prevent the overidentification or
disproportionate representation by race and ethnicity 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).
`(25) PROHIBITION ON PSYCHOTROPIC MEDICATION- The State educational
agency develops and implements policies and procedures prohibiting school
personnel from requiring a child to obtain a prescription for substances
covered by section 202(c) of the Controlled Substances Act (21 U.S.C.
812(c)) as a condition of attending school or receiving services.'.
(b) STATE EDUCATIONAL AGENCY AS PROVIDER OF FREE APPROPRIATE PUBLIC
EDUCATION OR DIRECT SERVICES- Section 612(b) of the Individuals with
Disabilities Education Act (20 U.S.C. 1412(b)) is amended to read as
follows:
`(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- Section 612(c) of the Individuals
with Disabilities Education Act (20 U.S.C. 1412(c)) is amended to read as
follows:
`(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 Improving Education Results
for Children With Disabilities 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 deems 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 Improving Education Results for Children With Disabilities Act
of 2003, the provisions of this Act are amended (or the regulations
developed to carry out this Act are amended), or 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, 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- Section 612(d) of the Individuals with
Disabilities Education Act (20 U.S.C. 1412(d)) is amended to read as
follows:
`(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- Section 612(e) of the
Individuals with Disabilities Education Act (20 U.S.C. 1412(e)) is amended to
read as follows:
`(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.'.
SEC. 203. LOCAL EDUCATIONAL AGENCY ELIGIBILITY.
Section 613 of the Individuals with Disabilities Education Act (20 U.S.C.
1413) is amended to read as follows:
`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 reasonably demonstrates to
the State educational agency that it 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.
`(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) Notwithstanding clauses (ii) and (iii) of subparagraph (A), for
any fiscal year for which amounts appropriated to carry out section 611
exceeds $4,100,000,000, a local educational agency may treat as local
funds, for the purpose of such clauses, up to 20 percent of the amount
of funds it receives under this part that exceeds the amount it received
under this part for the previous fiscal year.
`(ii) If a local educational agency chooses to use the authority
under clause (i), then the agency shall use those local funds to provide
additional funding for programs under the Elementary and Secondary
Education Act of 1965, including, but not limited to, programs that
address student achievement, comprehensive school reform, literacy,
teacher quality and professional development, school safety, before- and
after- school learning opportunities.
`(iii) Notwithstanding clause (i), 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 subsection (a), the State educational agency shall
prohibit the local educational agency from treating funds received under
this part as local funds under clause (i) for that fiscal year, but only
if it is authorized to do so by the State constitution or a State
statute.
`(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 of this
Act and section 1119 of the Elementary and Secondary Education Act of
1965.
`(4) PERMISSIVE USE OF FUNDS- Notwithstanding paragraph (2)(A) or
section 612(a)(18)(B) (relating to commingled funds), funds provided to the
local educational agency under this part may be used for the following
activities:
`(A) SERVICES AND AIDS THAT ALSO BENEFIT NONDISABLED CHILDREN- For the
costs of special education and related services and supplementary aids and
services provided in a regular class or other education-related setting to
a child with a disability in accordance with the individualized education
program of the child, even if one or more nondisabled children benefit
from such services.
`(B) PREREFERRAL SERVICES- To develop and implement a system of
comprehensive coordinated prereferral education support services in
accordance with subsection (f).
`(C) HIGH COST EDUCATION AND RELATED SERVICES- To establish and
implement cost or risk sharing funds, consortia, or cooperatives for the
agency itse