Full Text of P.L. 105-17 Individuals with Disabilities Education Act Amendments of 1997, continued
Part B | Section 619 of Part B | Part C | Part D
``Part D -- National Activities to
Improve Education of Children with Disabilities
``Subpart 1--State Program Improvement Grants for Children with
Disabilities
``SEC. 651. FINDINGS <<NOTE: 20 USC 1451.>> AND PURPOSE.
``(a) Findings.--The Congress finds the following:
``(1) States are responding with some success to multiple
pressures to improve educational and transitional services and
results for children with disabilities in response to growing
demands imposed by ever-changing factors, such as demographics,
social policies, and labor and economic markets.
``(2) In order for States to address such demands and to
facilitate lasting systemic change that is of benefit to all
students, including children with disabilities, States must
involve local educational agencies, parents, individuals with
disabilities and their families, teachers and other service
providers, and other interested individuals and organizations in
carrying out comprehensive strategies to improve educational
results for children with disabilities.
``(3) Targeted Federal financial resources are needed to
assist States, working in partnership with others, to identify
and make needed changes to address the needs of children with
disabilities into the next century.
``(4) State educational agencies, in partnership with local
educational agencies and other individuals and organizations,
are in the best position to identify and design ways to meet
emerging and expanding demands to improve education for children
with disabilities and to address their special needs.
``(5) Research, demonstration, and practice over the past 20
years in special education and related disciplines have built a
foundation of knowledge on which State and local systemic-change
activities can now be based.
``(6) Such research, demonstration, and practice in special
education and related disciplines have demonstrated that an
effective educational system now and in the future must--
``(A) maintain high academic standards and clear
performance goals for children with disabilities,
consistent with the standards and expectations for all
students in the educational system, and provide for
appropriate and effective strategies and methods to
ensure that students who are children with disabilities
have maximum opportunities to achieve those standards
and goals;
``(B) create a system that fully addresses the needs
of all students, including children with disabilities,
by
[[Page 111 STAT. 124]]
addressing the needs of children with disabilities in
carrying out educational reform activities;
``(C) clearly define, in measurable terms, the
school and post-school results that children with
disabilities are expected to achieve;
``(D) promote service integration, and the
coordination of State and local education, social,
health, mental health, and other services, in addressing
the full range of student needs, particularly the needs
of children with disabilities who require significant
levels of support to maximize their participation and
learning in school and the community;
``(E) ensure that children with disabilities are
provided assistance and support in making transitions as
described in section 674(b)(3)(C);
``(F) promote comprehensive programs of professional
development to ensure that the persons responsible for
the education or a transition of children with
disabilities possess the skills and knowledge necessary
to address the educational and related needs of those
children;
``(G) disseminate to teachers and other personnel
serving children with disabilities research-based
knowledge about successful teaching practices and models
and provide technical assistance to local educational
agencies and schools on how to improve results for
children with disabilities;
``(H) create school-based disciplinary strategies
that will be used to reduce or eliminate the need to use
suspension and expulsion as disciplinary options for
children with disabilities;
``(I) establish placement-neutral funding formulas
and cost-effective strategies for meeting the needs of
children with disabilities; and
``(J) involve individuals with disabilities and
parents of children with disabilities in planning,
implementing, and evaluating systemic-change activities
and educational reforms.
``(b) Purpose.--The purpose of this subpart is to assist State
educational agencies, and their partners referred to in section 652(b),
in reforming and improving their systems for providing educational,
early intervention, and transitional services, including their systems
for professional development, technical assistance, and dissemination of
knowledge about best practices, to improve results for children with
disabilities.
``SEC. 652. ELIGIBILITY <<NOTE: 20 USC 1452.>> AND COLLABORATIVE
PROCESS.
``(a) Eligible Applicants.--A State educational agency may apply for
a grant under this subpart for a grant period of not less than 1 year
and not more than 5 years.
``(b) Partners.--
``(1) Required partners.--
``(A) Contractual partners.--In order to be
considered for a grant under this subpart, a State
educational agency shall establish a partnership with
local educational agencies and other State agencies
involved in, or concerned with, the education of
children with disabilities.
``(B) Other partners.--In order to be considered for
a grant under this subpart, a State educational agency
[[Page 111 STAT. 125]]
shall work in partnership with other persons and
organizations involved in, and concerned with, the
education of children with disabilities, including--
``(i) the Governor;
``(ii) parents of children with disabilities;
``(iii) parents of nondisabled children;
``(iv) individuals with disabilities;
``(v) organizations representing individuals
with disabilities and their parents, such as
parent training and information centers;
``(vi) community-based and other nonprofit
organizations involved in the education and
employment of individuals with disabilities;
``(vii) the lead State agency for part C;
``(viii) general and special education
teachers, and early intervention personnel;
``(ix) the State advisory panel established
under part C;
``(x) the State interagency coordinating
council established under part C; and
``(xi) institutions of higher education within
the State.
``(2) Optional partners.--A partnership under subparagraph
(A) or (B) of paragraph (1) may also include--
``(A) individuals knowledgeable about vocational
education;
``(B) the State agency for higher education;
``(C) the State vocational rehabilitation agency;
``(D) public agencies with jurisdiction in the areas
of health, mental health, social services, and juvenile
justice; and
``(E) other individuals.
``SEC. 653. <<NOTE: 20 USC 1453.>> APPLICATIONS.
``(a) In General.--
``(1) Submission.--A State educational agency that desires
to receive a grant under this subpart shall submit to the
Secretary an application at such time, in such manner, and
including such information as the Secretary may require.
``(2) State improvement plan.--The application shall include
a State improvement plan that--
``(A) is integrated, to the maximum extent possible,
with State plans under the Elementary and Secondary
Education Act of 1965 and the Rehabilitation Act of
1973, as appropriate; and
``(B) meets the requirements of this section.
``(b) Determining Child and Program Needs.--
``(1) In general.--Each State improvement plan shall
identify those critical aspects of early intervention, general
education, and special education programs (including
professional development, based on an assessment of State and
local needs) that must be improved to enable children with
disabilities to meet the goals established by the State under
section 612(a)(16).
``(2) Required analyses.--To meet the requirement of
paragraph (1), the State improvement plan shall include at
least--
[[Page 111 STAT. 126]]
``(A) an analysis of all information, reasonably
available to the State educational agency, on the
performance of children with disabilities in the State,
including--
``(i) their performance on State assessments
and other performance indicators established for
all children, including drop-out rates and
graduation rates;
``(ii) their participation in postsecondary
education and employment; and
``(iii) how their performance on the
assessments and indicators described in clause (i)
compares to that of non-disabled children;
``(B) an analysis of State and local needs for
professional development for personnel to serve children
with disabilities that includes, at a minimum--
``(i) the number of personnel providing
special education and related services; and
``(ii) relevant information on current and
anticipated personnel vacancies and shortages
(including the number of individuals described in
clause (i) with temporary certification), and on
the extent of certification or retraining
necessary to eliminate such shortages, that is
based, to the maximum extent possible, on existing
assessments of personnel needs;
``(C) an analysis of the major findings of the
Secretary's most recent reviews of State compliance, as
they relate to improving results for children with
disabilities; and
``(D) an analysis of other information, reasonably
available to the State, on the effectiveness of the
State's systems of early intervention, special
education, and general education in meeting the needs of
children with disabilities.
``(c) Improvement Strategies.--Each State improvement plan shall--
``(1) describe a partnership agreement that--
``(A) specifies--
``(i) the nature and extent of the partnership
among the State educational agency, local
educational agencies, and other State agencies
involved in, or concerned with, the education of
children with disabilities, and the respective
roles of each member of the partnership; and
``(ii) how such agencies will work in
partnership with other persons and organizations
involved in, and concerned with, the education of
children with disabilities, including the
respective roles of each of these persons and
organizations; and
``(B) is in effect for the period of the grant;
``(2) describe how grant funds will be used in undertaking
the systemic-change activities, and the amount and nature of
funds from any other sources, including part B funds retained
for use at the State level under sections 611(f ) and 619(d),
that will be committed to the systemic-change activities;
``(3) describe the strategies the State will use to address
the needs identified under subsection (b), including--
``(A) how the State will change State policies and
procedures to address systemic barriers to improving
results for children with disabilities;
[[Page 111 STAT. 127]]
``(B) how the State will hold local educational
agencies and schools accountable for educational
progress of children with disabilities;
``(C) how the State will provide technical
assistance to local educational agencies and schools to
improve results for children with disabilities;
``(D) how the State will address the identified
needs for in-service and pre-service preparation to
ensure that all personnel who work with children with
disabilities (including both professional and
paraprofessional personnel who provide special
education, general education, related services, or early
intervention services) have the skills and knowledge
necessary to meet the needs of children with
disabilities, including a description of how--
``(i) the State will prepare general and
special education personnel with the content
knowledge and collaborative skills needed to meet
the needs of children with disabilities, including
how the State will work with other States on
common certification criteria;
``(ii) the State will prepare professionals
and paraprofessionals in the area of early
intervention with the content knowledge and
collaborative skills needed to meet the needs of
infants and toddlers with disabilities;
``(iii) the State will work with institutions
of higher education and other entities that (on
both a pre-service and an in-service basis)
prepare personnel who work with children with
disabilities to ensure that those institutions and
entities develop the capacity to support quality
professional development programs that meet State
and local needs;
``(iv) the State will work to develop
collaborative agreements with other States for the
joint support and development of programs to
prepare personnel for which there is not
sufficient demand within a single State to justify
support or development of such a program of
preparation;
``(v) the State will work in collaboration
with other States, particularly neighboring
States, to address the lack of uniformity and
reciprocity in the credentialing of teachers and
other personnel;
``(vi) the State will enhance the ability of
teachers and others to use strategies, such as
behavioral interventions, to address the conduct
of children with disabilities that impedes the
learning of children with disabilities and others;
``(vii) the State will acquire and
disseminate, to teachers, administrators, school
board members, and related services personnel,
significant knowledge derived from educational
research and other sources, and how the State
will, when appropriate, adopt promising practices,
materials, and technology;
``(viii) the State will recruit, prepare, and
retain qualified personnel, including personnel
with disabilities and personnel from groups that
are underrepresented in the fields of regular
education, special education, and related
services;
[[Page 111 STAT. 128]]
``(ix) the plan is integrated, to the maximum
extent possible, with other professional
development plans and activities, including plans
and activities developed and carried out under
other Federal and State laws that address
personnel recruitment and training; and
``(x) the State will provide for the joint
training of parents and special education, related
services, and general education personnel;
``(E) strategies that will address systemic problems
identified in Federal compliance reviews, including
shortages of qualified personnel;
``(F) how the State will disseminate results of the
local capacity-building and improvement projects funded
under section 611(f )(4);
``(G) how the State will address improving results
for children with disabilities in the geographic areas
of greatest need; and
``(H) how the State will assess, on a regular basis,
the extent to which the strategies implemented under
this subpart have been effective; and
``(4) describe how the improvement strategies described in
paragraph (3) will be coordinated with public and private sector
resources.
``(d) Competitive Awards.--
``(1) In general.--The <<NOTE: Grants.>> Secretary shall
make grants under this subpart on a competitive basis.
``(2) Priority.--The Secretary may give priority to
applications on the basis of need, as indicated by such
information as the findings of Federal compliance reviews.
``(e) Peer Review.--
``(1) In general.--The Secretary shall use a panel of
experts who are competent, by virtue of their training,
expertise, or experience, to evaluate applications under this
subpart.
``(2) Composition of panel.--A majority of a panel described
in paragraph (1) shall be composed of individuals who are not
employees of the Federal Government.
``(3) Payment of fees and expenses of certain members.--The
Secretary may use available funds appropriated to carry out this
subpart to pay the expenses and fees of panel members who are
not employees of the Federal Government.
``(f ) Reporting Procedures.--Each State educational agency that
receives a grant under this subpart shall submit performance reports to
the Secretary pursuant to a schedule to be determined by the Secretary,
but not more frequently than annually. The reports shall describe the
progress of the State in meeting the performance goals established under
section 612(a)(16), analyze the effectiveness of the State's strategies
in meeting those goals, and identify any changes in the strategies
needed to improve its performance.
``SEC. 654. USE <<NOTE: 20 USC 1454.>> OF FUNDS.
``(a) In General.--
``(1) Activities.--A State educational agency that receives
a grant under this subpart may use the grant to carry out any
activities that are described in the State's application and
that are consistent with the purpose of this subpart.
[[Page 111 STAT. 129]]
``(2) Contracts and subgrants.--Each such State educational
agency--
``(A) shall, consistent with its partnership
agreement under section 652(b), award contracts or
subgrants to local educational agencies, institutions of
higher education, and parent training and information
centers, as appropriate, to carry out its State
improvement plan under this subpart; and
``(B) may award contracts and subgrants to other
public and private entities, including the lead agency
under part C, to carry out such plan.
``(b) Use of Funds for Professional Development.--A State
educational agency that receives a grant under this subpart--
``(1) shall use not less than 75 percent of the funds it
receives under the grant for any fiscal year--
``(A) to ensure that there are sufficient regular
education, special education, and related services
personnel who have the skills and knowledge necessary to
meet the needs of children with disabilities and
developmental goals of young children; or
``(B) to work with other States on common
certification criteria; or
``(2) shall use not less than 50 percent of such funds for
such purposes, if the State demonstrates to the Secretary's
satisfaction that it has the personnel described in paragraph
(1)(A).
``(c) Grants to Outlying Areas.--Public Law 95-134, permitting the
consolidation of grants to the outlying areas, shall not apply to funds
received under this subpart.
``SEC. 655. MINIMUM <<NOTE: 20 USC 1455.>> STATE GRANT AMOUNTS.
``(a) In General.--The Secretary shall make a grant to each State
educational agency whose application the Secretary has selected for
funding under this subpart in an amount for each fiscal year that is--
``(1) not less than $500,000, nor more than $2,000,000, in
the case of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico; and
``(2) not less than $80,000, in the case of an outlying
area.
``(b) Inflation Adjustment.--Beginning with fiscal year 1999, the
Secretary may increase the maximum amount described in subsection (a)(1)
to account for inflation.
``(c) Factors.--The Secretary shall set the amount of each grant
under subsection (a) after considering--
``(1) the amount of funds available for making the grants;
``(2) the relative population of the State or outlying area;
and
``(3) the types of activities proposed by the State or
outlying area.
``SEC. 656. AUTHORIZATION <<NOTE: 20 USC 1456.>> OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
such sums as may be necessary for each of the fiscal years 1998 through
2002.
[[Page 111 STAT. 130]]
``Subpart 2--Coordinated Research, Personnel Preparation, Technical
Assistance, Support, and Dissemination of Information
``SEC. 661. ADMINISTRATIVE <<NOTE: 20 USC 1461.>> PROVISIONS.
``(a) Comprehensive Plan.--
``(1) In general.--The Secretary shall develop and implement
a comprehensive plan for activities carried out under this
subpart in order to enhance the provision of educational,
related, transitional, and early intervention services to
children with disabilities under parts B and C. The plan shall
include mechanisms to address educational, related services,
transitional, and early intervention needs identified by State
educational agencies in applications submitted for State program
improvement grants under subpart 1.
``(2) Participants in plan development.--In developing the
plan described in paragraph (1), the Secretary shall consult
with--
``(A) individuals with disabilities;
``(B) parents of children with disabilities;
``(C) appropriate professionals; and
``(D) representatives of State and local educational
agencies, private schools, institutions of higher
education, other Federal agencies, the National Council
on Disability, and national organizations with an
interest in, and expertise in, providing services to
children with disabilities and their families.
``(3) Public comment.--The Secretary shall take public
comment on the plan.
``(4) Distribution of funds.--In implementing the plan, the
Secretary shall, to the extent appropriate, ensure that funds
are awarded to recipients under this subpart to carry out
activities that benefit, directly or indirectly, children with
disabilities of all ages.
``(5) Reports to congress.--The Secretary shall periodically
report to the Congress on the Secretary's activities under this
subsection, including an initial report not later than the date
that is 18 months after the date of the enactment of the
Individuals with Disabilities Education Act Amendments of 1997.
``(b) Eligible Applicants.--
``(1) In general.--Except as otherwise provided in this
subpart, the following entities are eligible to apply for a
grant, contract, or cooperative agreement under this subpart:
``(A) A State educational agency.
``(B) A local educational agency.
``(C) An institution of higher education.
``(D) Any other public agency.
``(E) A private nonprofit organization.
``(F) An outlying area.
``(G) An Indian tribe or a tribal organization (as
defined under section 4 of the Indian Self-Determination
and Education Assistance Act).
[[Page 111 STAT. 131]]
``(H) A for-profit organization, if the Secretary
finds it appropriate in light of the purposes of a
particular competition for a grant, contract, or
cooperative agreement under this subpart.
``(2) Special rule.--The Secretary may limit the entities
eligible for an award of a grant, contract, or cooperative
agreement to one or more categories of eligible entities
described in paragraph (1).
``(c) Use of Funds by Secretary.--Notwithstanding any other
provision of law, and in addition to any authority granted the Secretary
under chapter 1 or chapter 2, the Secretary may use up to 20 percent of
the funds available under either chapter 1 or chapter 2 for any fiscal
year to carry out any activity, or combination of activities, subject to
such conditions as the Secretary determines are appropriate effectively
to carry out the purposes of such chapters, that--
``(1) is consistent with the purposes of chapter 1, chapter
2, or both; and
``(2) involves--
``(A) research;
``(B) personnel preparation;
``(C) parent training and information;
``(D) technical assistance and dissemination;
``(E) technology development, demonstration, and
utilization; or
``(F) media services.
``(d) Special Populations.--
``(1) Application requirement.--In making an award of a
grant, contract, or cooperative agreement under this subpart,
the Secretary shall, as appropriate, require an applicant to
demonstrate how the applicant will address the needs of children
with disabilities from minority backgrounds.
``(2) Outreach and technical assistance.--
``(A) Requirement.--Notwithstanding any other
provision of this Act, the Secretary shall ensure that
at least one percent of the total amount of funds
appropriated to carry out this subpart is used for
either or both of the following activities:
``(i) To provide outreach and technical
assistance to Historically Black Colleges and
Universities, and to institutions of higher
education with minority enrollments of at least 25
percent, to promote the participation of such
colleges, universities, and institutions in
activities under this subpart.
``(ii) To enable Historically Black Colleges
and Universities, and the institutions described
in clause (i), to assist other colleges,
universities, institutions, and agencies in
improving educational and transitional results for
children with disabilities.
``(B) Reservation of funds.--The Secretary may
reserve funds appropriated under this subpart to satisfy
the requirement of subparagraph (A).
``(e) Priorities.--
``(1) In general.--Except as otherwise explicitly authorized
in this subpart, the Secretary shall ensure that a grant,
contract, or cooperative agreement under chapter 1 or 2 is
awarded only--
[[Page 111 STAT. 132]]
``(A) for activities that are designed to benefit
children with disabilities, their families, or the
personnel employed to work with such children or their
families; or
``(B) to benefit other individuals with disabilities
that such chapter is intended to benefit.
``(2) Priority for particular activities.--Subject to
paragraph (1), the Secretary, in making an award of a grant,
contract, or cooperative agreement under this subpart, may,
without regard to the rule making procedures under section 553
of title 5, United States Code, limit competitions to, or
otherwise give priority to--
``(A) projects that address one or more--
``(i) age ranges;
``(ii) disabilities;
``(iii) school grades;
``(iv) types of educational placements or
early intervention environments;
``(v) types of services;
``(vi) content areas, such as reading; or
``(vii) effective strategies for helping
children with disabilities learn appropriate
behavior in the school and other community-based
educational settings;
``(B) projects that address the needs of children
based on the severity of their disability;
``(C) projects that address the needs of--
``(i) low-achieving students;
``(ii) underserved populations;
``(iii) children from low-income families;
``(iv) children with limited English
proficiency;
``(v) unserved and underserved areas;
``(vi) particular types of geographic areas;
or
``(vii) children whose behavior interferes
with their learning and socialization;
``(D) projects to reduce inappropriate
identification of children as children with
disabilities, particularly among minority children;
``(E) projects that are carried out in particular
areas of the country, to ensure broad geographic
coverage; and
``(F) any activity that is expressly authorized in
chapter 1 or 2.
``(f ) Applicant and Recipient Responsibilities.--
``(1) Development and assessment of projects.--The Secretary
shall require that an applicant for, and a recipient of, a
grant, contract, or cooperative agreement for a project under
this subpart--
``(A) involve individuals with disabilities or
parents of individuals with disabilities in planning,
implementing, and evaluating the project; and
``(B) where appropriate, determine whether the
project has any potential for replication and adoption
by other entities.
``(2) Additional responsibilities.--The Secretary may
require a recipient of a grant, contract, or cooperative
agreement for a project under this subpart--
``(A) to share in the cost of the project;
``(B) to prepare the research and evaluation
findings and products from the project in formats that
are useful
[[Page 111 STAT. 133]]
for specific audiences, including parents,
administrators, teachers, early intervention personnel,
related services personnel, and individuals with
disabilities;
``(C) to disseminate such findings and products; and
``(D) to collaborate with other such recipients in
carrying out subparagraphs (B) and (C).
``(g) Application Management.--
``(1) Standing panel.--
``(A) In general.--The Secretary shall establish and
use a standing panel of experts who are competent, by
virtue of their training, expertise, or experience, to
evaluate applications under this subpart that,
individually, request more than $75,000 per year in
Federal financial assistance.
``(B) Membership.--The standing panel shall include,
at a minimum--
``(i) individuals who are representatives of
institutions of higher education that plan,
develop, and carry out programs of personnel
preparation;
``(ii) individuals who design and carry out
programs of research targeted to the improvement
of special education programs and services;
``(iii) individuals who have recognized
experience and knowledge necessary to integrate
and apply research findings to improve educational
and transitional results for children with
disabilities;
``(iv) individuals who administer programs at
the State or local level in which children with
disabilities participate;
``(v) individuals who prepare parents of
children with disabilities to participate in
making decisions about the education of their
children;
``(vi) individuals who establish policies that
affect the delivery of services to children with
disabilities;
``(vii) individuals who are parents of
children with disabilities who are benefiting, or
have benefited, from coordinated research,
personnel preparation, and technical assistance;
and
``(viii) individuals with disabilities.
``(C) Training.--The Secretary shall provide
training to the individuals who are selected as members
of the standing panel under this paragraph.
``(D) Term.--No individual shall serve on the
standing panel for more than 3 consecutive years, unless
the Secretary determines that the individual's continued
participation is necessary for the sound administration
of this subpart.
``(2) Peer-review panels for particular competitions.--
``(A) Composition.--The Secretary shall ensure that
each sub-panel selected from the standing panel that
reviews applications under this subpart includes--
``(i) individuals with knowledge and expertise
on the issues addressed by the activities
authorized by the subpart; and
``(ii) to the extent practicable, parents of
children with disabilities, individuals with
disabilities, and persons from diverse
backgrounds.
[[Page 111 STAT. 134]]
``(B) Federal employment limitation.--A majority of
the individuals on each sub-panel that reviews an
application under this subpart shall be individuals who
are not employees of the Federal Government.
``(3) Use of discretionary funds for administrative
purposes.--
``(A) Expenses and fees of non-federal panel
members.--The Secretary may use funds available under
this subpart to pay the expenses and fees of the panel
members who are not officers or employees of the Federal
Government.
``(B) Administrative support.--The Secretary may use
not more than 1 percent of the funds appropriated to
carry out this subpart to pay non-Federal entities for
administrative support related to management of
applications submitted under this subpart.
``(C) Monitoring.--The Secretary may use funds
available under this subpart to pay the expenses of
Federal employees to conduct on-site monitoring of
projects receiving $500,000 or more for any fiscal year
under this subpart.
``(h) Program Evaluation.--The Secretary may use funds appropriated
to carry out this subpart to evaluate activities carried out under the
subpart.
``(i) Minimum Funding Required.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall ensure that, for each fiscal year, at least the following
amounts are provided under this subpart to address the following
needs:
``(A) $12,832,000 to address the educational,
related services, transitional, and early intervention
needs of children with deaf-blindness.
``(B) $4,000,000 to address the postsecondary,
vocational, technical, continuing, and adult education
needs of individuals with deafness.
``(C) $4,000,000 to address the educational, related
services, and transitional needs of children with an
emotional disturbance and those who are at risk of
developing an emotional disturbance.
``(2) Ratable reduction.--If the total amount appropriated
to carry out sections 672, 673, and 685 for any fiscal year is
less than $130,000,000, the amounts listed in paragraph (1)
shall be ratably reduced.
``(j) Eligibility for Financial Assistance.--Effective for fiscal
years for which the Secretary may make grants under section 619(b), no
State or local educational agency or educational service agency or other
public institution or agency may receive a grant under this subpart
which relates exclusively to programs, projects, and activities
pertaining to children aged 3 through 5, inclusive, unless the State is
eligible to receive a grant under section 619(b).
[[Page 111 STAT. 135]]
``Chapter 1--Improving Early Intervention, Educational, and Transitional
Services and Results for Children with Disabilities through Coordinated
Research and Personnel Preparation
``SEC. 671. FINDINGS <<NOTE: 20 USC 1471.>> AND PURPOSE.
``(a) Findings.--The Congress finds the following:
``(1) The Federal Government has an ongoing obligation to
support programs, projects, and activities that contribute to
positive results for children with disabilities, enabling them--
``(A) to meet their early intervention, educational,
and transitional goals and, to the maximum extent
possible, educational standards that have been
established for all children; and
``(B) to acquire the skills that will empower them
to lead productive and independent adult lives.
``(2)(A) As a result of more than 20 years of Federal
support for research, demonstration projects, and personnel
preparation, there is an important knowledge base for improving
results for children with disabilities.
``(B) Such knowledge should be used by States and local
educational agencies to design and implement state-of-the-art
educational systems that consider the needs of, and include,
children with disabilities, especially in environments in which
they can learn along with their peers and achieve results
measured by the same standards as the results of their peers.
``(3)(A) Continued Federal support is essential for the
development and maintenance of a coordinated and high-quality
program of research, demonstration projects, dissemination of
information, and personnel preparation.
``(B) Such support--
``(i) enables State educational agencies and local
educational agencies to improve their educational
systems and results for children with disabilities;
``(ii) enables State and local agencies to improve
early intervention services and results for infants and
toddlers with disabilities and their families; and
``(iii) enhances the opportunities for general and
special education personnel, related services personnel,
parents, and paraprofessionals to participate in pre-
service and in-service training, to collaborate, and to
improve results for children with disabilities and their
families.
``(4) The Federal Government plays a critical role in
facilitating the availability of an adequate number of qualified
personnel--
``(A) to serve effectively the over 5,000,000
children with disabilities;
``(B) to assume leadership positions in
administrative and direct-service capacities related to
teacher training and research concerning the provision
of early intervention services, special education, and
related services; and
``(C) to work with children with low-incidence
disabilities and their families.
``(5) The Federal Government performs the role described in
paragraph (4)--
[[Page 111 STAT. 136]]
``(A) by supporting models of personnel development
that reflect successful practice, including strategies
for recruiting, preparing, and retaining personnel;
``(B) by promoting the coordination and integration
of--
``(i) personnel-development activities for
teachers of children with disabilities; and
``(ii) other personnel-development activities
supported under Federal law, including this
chapter;
``(C) by supporting the development and
dissemination of information about teaching standards;
and
``(D) by promoting the coordination and integration
of personnel-development activities through linkage with
systemic-change activities within States and nationally.
``(b) Purpose.--The purpose of this chapter is to provide Federal
funding for coordinated research, demonstration projects, outreach, and
personnel-preparation activities that--
``(1) are described in sections 672 through 674;
``(2) are linked with, and promote, systemic change; and
``(3) improve early intervention, educational, and
transitional results for children with disabilities.
``SEC. 672. RESEARCH <<NOTE: 20 USC 1472.>> AND INNOVATION TO IMPROVE
SERVICES AND RESULTS FOR CHILDREN WITH DISABILITIES.
``(a) In <<NOTE: Grants. Contracts.>> General.--The Secretary shall
make competitive grants to, or enter into contracts or cooperative
agreements with, eligible entities to produce, and advance the use of,
knowledge--
``(1) to improve--
``(A) services provided under this Act, including
the practices of professionals and others involved in
providing such services to children with disabilities;
and
``(B) educational results for children with
disabilities;
``(2) to address the special needs of preschool-aged
children and infants and toddlers with disabilities, including
infants and toddlers who would be at risk of having substantial
developmental delays if early intervention services were not
provided to them;
``(3) to address the specific problems of over-
identification and under-identification of children with
disabilities;
``(4) to develop and implement effective strategies for
addressing inappropriate behavior of students with disabilities
in schools, including strategies to prevent children with
emotional and behavioral problems from developing emotional
disturbances that require the provision of special education and
related services;
``(5) to improve secondary and postsecondary education and
transitional services for children with disabilities; and
``(6) to address the range of special education, related
services, and early intervention needs of children with
disabilities who need significant levels of support to maximize
their participation and learning in school and in the community.
``(b) New Knowledge Production; Authorized Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support activities, consistent with the
objectives described in subsection (a), that lead to the
production of new knowledge.
[[Page 111 STAT. 137]]
``(2) Authorized activities.--Activities that may be carried
out under this subsection include activities such as the
following:
``(A) Expanding understanding of the relationships
between learning characteristics of children with
disabilities and the diverse ethnic, cultural,
linguistic, social, and economic backgrounds of children
with disabilities and their families.
``(B) Developing or identifying innovative,
effective, and efficient curricula designs,
instructional approaches, and strategies, and developing
or identifying positive academic and social learning
opportunities, that--
``(i) enable children with disabilities to
make effective transitions described in section
674(b)(3)(C) or transitions between educational
settings; and
``(ii) improve educational and transitional
results for children with disabilities at all
levels of the educational system in which the
activities are carried out and, in particular,
that improve the progress of the children, as
measured by assessments within the general
education curriculum involved.
``(C) Advancing the design of assessment tools and
procedures that will accurately and efficiently
determine the special instructional, learning, and
behavioral needs of children with disabilities,
especially within the context of general education.
``(D) Studying and promoting improved alignment and
compatibility of general and special education reforms
concerned with curricular and instructional reform,
evaluation and accountability of such reforms, and
administrative procedures.
``(E) Advancing the design, development, and
integration of technology, assistive technology devices,
media, and materials, to improve early intervention,
educational, and transitional services and results for
children with disabilities.
``(F) Improving designs, processes, and results of
personnel preparation for personnel who provide services
to children with disabilities through the acquisition of
information on, and implementation of, research-based
practices.
``(G) Advancing knowledge about the coordination of
education with health and social services.
``(H) Producing information on the long-term impact
of early intervention and education on results for
individuals with disabilities through large-scale
longitudinal studies.
``(c) Integration of Research and Practice; Authorized Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support activities, consistent with the
objectives described in subsection (a), that integrate research
and practice, including activities that support State systemic-
change and local capacity-building and improvement efforts.
``(2) Authorized activities.--Activities that may be carried
out under this subsection include activities such as the
following:
[[Page 111 STAT. 138]]
``(A) Model demonstration projects to apply and test
research findings in typical service settings to
determine the usability, effectiveness, and general
applicability of such research findings in such areas as
improving instructional methods, curricula, and tools,
such as textbooks and media.
``(B) Demonstrating and applying research-based
findings to facilitate systemic changes, related to the
provision of services to children with disabilities, in
policy, procedure, practice, and the training and use of
personnel.
``(C) Promoting and demonstrating the coordination
of early intervention and educational services for
children with disabilities with services provided by
health, rehabilitation, and social service agencies.
``(D) Identifying and disseminating solutions that
overcome systemic barriers to the effective and
efficient delivery of early intervention, educational,
and transitional services to children with disabilities.
``(d) Improving the Use of Professional Knowledge; Authorized
Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support activities, consistent with the
objectives described in subsection (a), that improve the use of
professional knowledge, including activities that support State
systemic-change and local capacity-building and improvement
efforts.
``(2) Authorized activities.--Activities that may be carried
out under this subsection include activities such as the
following:
``(A) Synthesizing useful research and other
information relating to the provision of services to
children with disabilities, including effective
practices.
``(B) Analyzing professional knowledge bases to
advance an understanding of the relationships, and the
effectiveness of practices, relating to the provision of
services to children with disabilities.
``(C) Ensuring that research and related products
are in appropriate formats for distribution to teachers,
parents, and individuals with disabilities.
``(D) Enabling professionals, parents of children
with disabilities, and other persons, to learn about,
and implement, the findings of research, and successful
practices developed in model demonstration projects,
relating to the provision of services to children with
disabilities.
``(E) Conducting outreach, and disseminating
information relating to successful approaches to
overcoming systemic barriers to the effective and
efficient delivery of early intervention, educational,
and transitional services, to personnel who provide
services to children with disabilities.
``(e) Balance Among Activities and Age Ranges.--In carrying out this
section, the Secretary shall ensure that there is an appropriate
balance--
``(1) among knowledge production, integration of research
and practice, and use of professional knowledge; and
``(2) across all age ranges of children with disabilities.
``(f ) Applications.--An eligible entity that wishes to receive a
grant, or enter into a contract or cooperative agreement, under
[[Page 111 STAT. 139]]
this section shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may
require.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary for
each of the fiscal years 1998 through 2002.
``SEC. 673. PERSONNEL <<NOTE: 20 USC 1473.>> PREPARATION TO IMPROVE
SERVICES AND RESULTS FOR CHILDREN WITH DISABILITIES.
``(a) In <<NOTE: Grants. Contracts.>> General.--The Secretary
shall, on a competitive basis, make grants to, or enter into contracts
or cooperative agreements with, eligible entities--
``(1) to help address State-identified needs for qualified
personnel in special education, related services, early
intervention, and regular education, to work with children with
disabilities; and
``(2) to ensure that those personnel have the skills and
knowledge, derived from practices that have been determined,
through research and experience, to be successful, that are
needed to serve those children.
``(b) Low-Incidence Disabilities; Authorized Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support activities, consistent with the
objectives described in subsection (a), that benefit children
with low-incidence disabilities.
``(2) Authorized activities.--Activities that may be carried
out under this subsection include activities such as the
following:
``(A) Preparing persons who--
``(i) have prior training in educational and
other related service fields; and
``(ii) are studying to obtain degrees,
certificates, or licensure that will enable them
to assist children with disabilities to achieve
the objectives set out in their individualized
education programs described in section 614(d), or
to assist infants and toddlers with disabilities
to achieve the outcomes described in their
individualized family service plans described in
section 636.
``(B) Providing personnel from various disciplines
with interdisciplinary training that will contribute to
improvement in early intervention, educational, and
transitional results for children with disabilities.
``(C) Preparing personnel in the innovative uses and
application of technology to enhance learning by
children with disabilities through early intervention,
educational, and transitional services.
``(D) Preparing personnel who provide services to
visually impaired or blind children to teach and use
Braille in the provision of services to such children.
``(E) Preparing personnel to be qualified
educational interpreters, to assist children with
disabilities, particularly deaf and hard-of-hearing
children in school and school-related activities and
deaf and hard-of-hearing infants and toddlers and
preschool children in early intervention and preschool
programs.
[[Page 111 STAT. 140]]
``(F) Preparing personnel who provide services to
children with significant cognitive disabilities and
children with multiple disabilities.
``(3) Definition.--As used in this section, the term `low-
incidence disability ' means--
``(A) a visual or hearing impairment, or
simultaneous visual and hearing impairments;
``(B) a significant cognitive impairment; or
``(C) any impairment for which a small number of
personnel with highly specialized skills and knowledge
are needed in order for children with that impairment to
receive early intervention services or a free
appropriate public education.
``(4) Selection of recipients.--In selecting recipients
under this subsection, the Secretary may give preference to
applications that propose to prepare personnel in more than one
low-incidence disability, such as deafness and blindness.
``(5) Preparation in use of braille.--The Secretary shall
ensure that all recipients of assistance under this subsection
who will use that assistance to prepare personnel to provide
services to visually impaired or blind children that can
appropriately be provided in Braille will prepare those
individuals to provide those services in Braille.
``(c) Leadership Preparation; Authorized Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support leadership preparation activities that
are consistent with the objectives described in subsection (a).
``(2) Authorized activities.--Activities that may be carried
out under this subsection include activities such as the
following:
``(A) Preparing personnel at the advanced graduate,
doctoral, and postdoctoral levels of training to
administer, enhance, or provide services for children
with disabilities.
``(B) Providing interdisciplinary training for
various types of leadership personnel, including teacher
preparation faculty, administrators, researchers,
supervisors, principals, and other persons whose work
affects early intervention, educational, and
transitional services for children with disabilities.
``(d) Projects of National Significance; Authorized Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support activities, consistent with the
objectives described in subsection (a), that are of national
significance and have broad applicability.
``(2) Authorized activities.--Activities that may be carried
out under this subsection include activities such as the
following:
``(A) Developing and demonstrating effective and
efficient practices for preparing personnel to provide
services to children with disabilities, including
practices that address any needs identified in the
State's improvement plan under part C;
``(B) Demonstrating the application of significant
knowledge derived from research and other sources in the
development of programs to prepare personnel to provide
services to children with disabilities.
[[Page 111 STAT. 141]]
``(C) Demonstrating models for the preparation of,
and interdisciplinary training of, early intervention,
special education, and general education personnel, to
enable the personnel--
``(i) to acquire the collaboration skills
necessary to work within teams to assist children
with disabilities; and
``(ii) to achieve results that meet
challenging standards, particularly within the
general education curriculum.
``(D) Demonstrating models that reduce shortages of
teachers, and personnel from other relevant disciplines,
who serve children with disabilities, through
reciprocity arrangements between States that are related
to licensure and certification.
``(E) Developing, evaluating, and disseminating
model teaching standards for persons working with
children with disabilities.
``(F) Promoting the transferability, across State
and local jurisdictions, of licensure and certification
of teachers and administrators working with such
children.
``(G) Developing and disseminating models that
prepare teachers with strategies, including behavioral
interventions, for addressing the conduct of children
with disabilities that impedes their learning and that
of others in the classroom.
``(H) Institutes that provide professional
development that addresses the needs of children with
disabilities to teachers or teams of teachers, and where
appropriate, to school board members, administrators,
principals, pupil-service personnel, and other staff
from individual schools.
``(I) Projects to improve the ability of general
education teachers, principals, and other administrators
to meet the needs of children with disabilities.
``(J) Developing, evaluating, and disseminating
innovative models for the recruitment, induction,
retention, and assessment of new, qualified teachers,
especially from groups that are underrepresented in the
teaching profession, including individuals with
disabilities.
``(K) Supporting institutions of higher education
with minority enrollments of at least 25 percent for the
purpose of preparing personnel to work with children
with disabilities.
``(e) High-Incidence Disabilities; Authorized Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support activities, consistent with the
objectives described in subsection (a), to benefit children with
high-incidence disabilities, such as children with specific
learning disabilities, speech or language impairment, or mental
retardation.
``(2) Authorized activities.--Activities that may be carried
out under this subsection include the following:
``(A) Activities undertaken by institutions of
higher education, local educational agencies, and other
local entities--
``(i) to improve and reform their existing
programs to prepare teachers and related services
personnel--
[[Page 111 STAT. 142]]
``(I) to meet the diverse needs of
children with disabilities for early
intervention, educational, and
transitional services; and
``(II) to work collaboratively in
regular classroom settings; and
``(ii) to incorporate best practices and
research-based knowledge about preparing personnel
so they will have the knowledge and skills to
improve educational results for children with
disabilities.
``(B) Activities incorporating innovative strategies
to recruit and prepare teachers and other personnel to
meet the needs of areas in which there are acute and
persistent shortages of personnel.
``(C) Developing career opportunities for
paraprofessionals to receive training as special
education teachers, related services personnel, and
early intervention personnel, including
interdisciplinary training to enable them to improve
early intervention, educational, and transitional
results for children with disabilities.
``(f ) Applications.--
``(1) In general.--Any eligible entity that wishes to
receive a grant, or enter into a contract or cooperative
agreement, under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Identified state needs.--
``(A) Requirement to address identified needs.--Any
application under subsection (b), (c), or (e) shall
include information demonstrating to the satisfaction of
the Secretary that the activities described in the
application will address needs identified by the State
or States the applicant proposes to serve.
``(B) Cooperation with state educational agencies.--
Any applicant that is not a local educational agency or
a State educational agency shall include information
demonstrating to the satisfaction of the Secretary that
the applicant and one or more State educational agencies
have engaged in a cooperative effort to plan the project
to which the application pertains, and will cooperate in
carrying out and monitoring the project.
``(3) Acceptance by states of personnel preparation
requirements.--The Secretary may require applicants to provide
letters from one or more States stating that the States--
``(A) intend to accept successful completion of the
proposed personnel preparation program as meeting State
personnel standards for serving children with
disabilities or serving infants and toddlers with
disabilities; and
``(B) need personnel in the area or areas in which
the applicant proposes to provide preparation, as
identified in the States' comprehensive systems of
personnel development under parts B and C.
``(g) Selection of Recipients.--
``(1) Impact of project.--In selecting recipients under this
section, the Secretary may consider the impact of the project
proposed in the application in meeting the need for personnel
identified by the States.
[[Page 111 STAT. 143]]
``(2) Requirement on applicants to meet state and
professional standards.-- <<NOTE: Grants.>> The Secretary shall
make grants under this section only to eligible applicants that
meet State and professionally-recognized standards for the
preparation of special education and related services personnel,
if the purpose of the project is to assist personnel in
obtaining degrees.
``(3) Preferences.--In selecting recipients under this
section, the Secretary may--
``(A) give preference to institutions of higher
education that are educating regular education personnel
to meet the needs of children with disabilities in
integrated settings and educating special education
personnel to work in collaboration with regular
educators in integrated settings; and
``(B) give preference to institutions of higher
education that are successfully recruiting and preparing
individuals with disabilities and individuals from
groups that are underrepresented in the profession for
which they are preparing individuals.
``(h) Service Obligation.--
``(1) In general.--Each application for funds under
subsections (b) and (e), and to the extent appropriate
subsection (d), shall include an assurance that the applicant
will ensure that individuals who receive a scholarship under the
proposed project will subsequently provide special education and
related services to children with disabilities for a period of 2
years for every year for which assistance was received or repay
all or part of the cost of that assistance, in accordance with
regulations issued by the Secretary.
``(2) Leadership preparation.--Each application for funds
under subsection (c) shall include an assurance that the
applicant will ensure that individuals who receive a scholarship
under the proposed project will subsequently perform work
related to their preparation for a period of 2 years for every
year for which assistance was received or repay all or part of
such costs, in accordance with regulations issued by the
Secretary.
``(i) Scholarships.--The Secretary may include funds for
scholarships, with necessary stipends and allowances, in awards under
subsections (b), (c), (d), and (e).
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary for
each of the fiscal years 1998 through 2002.
``SEC. 674. STUDIES <<NOTE: 20 USC 1474.>> AND EVALUATIONS.
``(a) Studies and Evaluations.--
``(1) In general.--The <<NOTE: Grants. Contracts.>>
Secretary shall, directly or through grants, contracts, or
cooperative agreements, assess the progress in the
implementation of this Act, including the effectiveness of State
and local efforts to provide--
``(A) a free appropriate public education to
children with disabilities; and
``(B) early intervention services to infants and
toddlers with disabilities and infants and toddlers who
would be at risk of having substantial developmental
delays if early intervention services were not provided
to them.
[[Page 111 STAT. 144]]
``(2) Authorized activities.--In carrying out this
subsection, the Secretary may support studies, evaluations, and
assessments, including studies that--
``(A) analyze measurable impact, outcomes, and
results achieved by State educational agencies and local
educational agencies through their activities to reform
policies, procedures, and practices designed to improve
educational and transitional services and results for
children with disabilities;
``(B) analyze State and local needs for professional
development, parent training, and other appropriate
activities that can reduce the need for disciplinary
actions involving children with disabilities;
``(C) assess educational and transitional services
and results for children with disabilities from minority
backgrounds, including--
``(i) data on--
``(I) the number of minority
children who are referred for special
education evaluation;
``(II) the number of minority
children who are receiving special
education and related services and their
educational or other service placement;
and
``(III) the number of minority
children who graduated from secondary
and postsecondary education programs;
and
``(ii) the performance of children with
disabilities from minority backgrounds on State
assessments and other performance indicators
established for all students;
``(D) measure educational and transitional services
and results of children with disabilities under this
Act, including longitudinal studies that--
``(i) examine educational and transitional
services and results for children with
disabilities who are 3 through 17 years of age and
are receiving special education and related
services under this Act, using a national,
representative sample of distinct age cohorts and
disability categories; and
``(ii) examine educational results,
postsecondary placement, and employment status of
individuals with disabilities, 18 through 21 years
of age, who are receiving or have received special
education and related services under this Act; and
``(E) identify and report on the placement of
children with disabilities by disability category.
``(b) National Assessment.--
``(1) In general.--The Secretary shall carry out a national
assessment of activities carried out with Federal funds under
this Act in order--
``(A) to determine the effectiveness of this Act in
achieving its purposes;
``(B) to provide information to the President, the
Congress, the States, local educational agencies, and
the public on how to implement the Act more effectively;
and
[[Page 111 STAT. 145]]
``(C) to provide the President and the Congress with
information that will be useful in developing
legislation to achieve the purposes of this Act more
effectively.
``(2) Consultation.--The Secretary shall plan, review, and
conduct the national assessment under this subsection in
consultation with researchers, State practitioners, local
practitioners, parents of children with disabilities,
individuals with disabilities, and other appropriate
individuals.
``(3) Scope of assessment.--The national assessment shall
examine how well schools, local educational agencies, States,
other recipients of assistance under this Act, and the Secretary
are achieving the purposes of this Act, including--
``(A) improving the performance of children with
disabilities in general scholastic activities and
assessments as compared to nondisabled children;
``(B) providing for the participation of children
with disabilities in the general curriculum;
``(C) helping children with disabilities make
successful transitions from--
``(i) early intervention services to preschool
education;
``(ii) preschool education to elementary
school; and
``(iii) secondary school to adult life;
``(D) placing and serving children with
disabilities, including minority children, in the least
restrictive environment appropriate;
``(E) preventing children with disabilities,
especially children with emotional disturbances and
specific learning disabilities, from dropping out of
school;
``(F) addressing behavioral problems of children
with disabilities as compared to nondisabled children;
``(G) coordinating services provided under this Act
with each other, with other educational and pupil
services (including preschool services), and with health
and social services funded from other sources;
``(H) providing for the participation of parents of
children with disabilities in the education of their
children; and
``(I) resolving disagreements between education
personnel and parents through activities such as
mediation.
``(4) Interim and final reports.--The Secretary shall submit
to the President and the Congress--
``(A) an interim report that summarizes the
preliminary findings of the assessment not later than
October 1, 1999; and
``(B) a final report of the findings of the
assessment not later than October 1, 2001.
``(c) Annual Report.--The Secretary shall report annually to the
Congress on--
``(1) an analysis and summary of the data reported by the
States and the Secretary of the Interior under section 618;
``(2) the results of activities conducted under subsection
(a);
``(3) the findings and determinations resulting from reviews
of State implementation of this Act.
[[Page 111 STAT. 146]]
``(d) Technical Assistance to LEAS.--
<<NOTE: Grants. Contracts.>> The Secretary shall provide directly, or
through grants, contracts, or cooperative agreements, technical
assistance to local educational agencies to assist them in carrying out
local capacity-building and improvement projects under section 611(f
)(4) and other LEA systemic improvement activities under this Act.
``(e) Reservation for Studies and Technical Assistance.--
``(1) In general.--Except as provided in paragraph (2) and
notwithstanding any other provision of this Act, the Secretary
may reserve up to one-half of one percent of the amount
appropriated under parts B and C for each fiscal year to carry
out this section.
``(2) Maximum amount.--For the first fiscal year in which
the amount described in paragraph (1) is at least $20,000,000,
the maximum amount the Secretary may reserve under paragraph (1)
is $20,000,000. For each subsequent fiscal year, the maximum
amount the Secretary may reserve under paragraph (1) is
$20,000,000, increased by the cumulative rate of inflation since
the fiscal year described in the previous sentence.
``(3) Use of maximum amount.--In any fiscal year described
in paragraph (2) for which the Secretary reserves the maximum
amount described in that paragraph, the Secretary shall use at
least half of the reserved amount for activities under
subsection (d).
``Chapter 2--Improving Early Intervention, Educational, and Transitional
Services and Results for Children With Disabilities Through Coordinated
Technical Assistance, Support, and Dissemination of Information
``SEC. 681. FINDINGS <<NOTE: 20 USC 1481.>> AND PURPOSES.
``(a) In General.--The Congress finds as follows:
``(1) National technical assistance, support, and
dissemination activities are necessary to ensure that parts B
and C are fully implemented and achieve quality early
intervention, educational, and transitional results for children
with disabilities and their families.
``(2) Parents, teachers, administrators, and related
services personnel need technical assistance and information in
a timely, coordinated, and accessible manner in order to improve
early intervention, educational, and transitional services and
results at the State and local levels for children with
disabilities and their families.
``(3) Parent training and information activities have taken
on increased importance in efforts to assist parents of a child
with a disability in dealing with the multiple pressures of
rearing such a child and are of particular importance in--
``(A) ensuring the involvement of such parents in
planning and decisionmaking with respect to early
intervention, educational, and transitional services;
``(B) achieving quality early intervention,
educational, and transitional results for children with
disabilities;
``(C) providing such parents information on their
rights and protections under this Act to ensure improved
early
[[Page 111 STAT. 147]]
intervention, educational, and transitional results for
children with disabilities;
``(D) assisting such parents in the development of
skills to participate effectively in the education and
development of their children and in the transitions
described in section 674(b)(3)(C); and
``(E) supporting the roles of such parents as
participants within partnerships seeking to improve
early intervention, educational, and transitional
services and results for children with disabilities and
their families.
``(4) Providers of parent training and information
activities need to ensure that such parents who have limited
access to services and supports, due to economic, cultural, or
linguistic barriers, are provided with access to appropriate
parent training and information activities.
``(5) Parents of children with disabilities need information
that helps the parents to understand the rights and
responsibilities of their children under part B.
``(6) The provision of coordinated technical assistance and
dissemination of information to State and local agencies,
institutions of higher education, and other providers of
services to children with disabilities is essential in--
``(A) supporting the process of achieving systemic
change;
``(B) supporting actions in areas of priority
specific to the improvement of early intervention,
educational, and transitional results for children with
disabilities;
``(C) conveying information and assistance that
are--
``(i) based on current research (as of the
date the information and assistance are conveyed);
``(ii) accessible and meaningful for use in
supporting systemic-change activities of State and
local partnerships; and
``(iii) linked directly to improving early
intervention, educational, and transitional
services and results for children with
disabilities and their families; and
``(D) organizing systems and information networks
for such information, based on modern technology related
to--
``(i) storing and gaining access to
information; and
``(ii) distributing information in a
systematic manner to parents, students,
professionals, and policymakers.
``(7) Federal support for carrying out technology research,
technology development, and educational media services and
activities has resulted in major innovations that have
significantly improved early intervention, educational, and
transitional services and results for children with disabilities
and their families.
``(8) Such Federal support is needed--
``(A) to stimulate the development of software,
interactive learning tools, and devices to address early
intervention, educational, and transitional needs of
children with disabilities who have certain
disabilities;
``(B) to make information available on technology
research, technology development, and educational media
[[Page 111 STAT. 148]]
services and activities to individuals involved in the
provision of early intervention, educational, and
transitional services to children with disabilities;
``(C) to promote the integration of technology into
curricula to improve early intervention, educational,
and transitional results for children with disabilities;
``(D) to provide incentives for the development of
technology and media devices and tools that are not
readily found or available because of the small size of
potential markets;
``(E) to make resources available to pay for such
devices and tools and educational media services and
activities;
``(F) to promote the training of personnel--
``(i) to provide such devices, tools,
services, and activities in a competent manner;
and
``(ii) to assist children with disabilities
and their families in using such devices, tools,
services, and activities; and
``(G) to coordinate the provision of such devices,
tools, services, and activities--
``(i) among State human services programs; and
``(ii) between such programs and private
agencies.
``(b) Purposes.--The purposes of this chapter are to ensure that--
``(1) children with disabilities, and their parents, receive
training and information on their rights and protections under
this Act, in order to develop the skills necessary to
effectively participate in planning and decisionmaking relating
to early intervention, educational, and transitional services
and in systemic-change activities;
``(2) parents, teachers, administrators, early intervention
personnel, related services personnel, and transition personnel
receive coordinated and accessible technical assistance and
information to assist such persons, through systemic-change
activities and other efforts, to improve early intervention,
educational, and transitional services and results for children
with disabilities and their families;
``(3) appropriate technology and media are researched,
developed, demonstrated, and made available in timely and
accessible formats to parents, teachers, and all types of
personnel providing services to children with disabilities to
support their roles as partners in the improvement and
implementation of early intervention, educational, and
transitional services and results for children with disabilities
and their families;
``(4) on reaching the age of majority under State law,
children with disabilities understand their rights and
responsibilities under part B, if the State provides for the
transfer of parental rights under section 615(m); and
``(5) the general welfare of deaf and hard-of-hearing
individuals is promoted by--
``(A) bringing to such individuals understanding and
appreciation of the films and television programs that
play an important part in the general and cultural
advancement of hearing individuals;
``(B) providing, through those films and television
programs, enriched educational and cultural experiences
[[Page 111 STAT. 149]]
through which deaf and hard-of-hearing individuals can
better understand the realities of their environment;
and
``(C) providing wholesome and rewarding experiences
that deaf and hard-of-hearing individuals may share.
<<NOTE: 20 USC 1482.>> ``SEC. 682. PARENT TRAINING AND INFORMATION
CENTERS.
``(a) Program Authorized.--The Secretary may make grants to, and
enter into contracts and cooperative agreements with, parent
organizations to support parent training and information centers to
carry out activities under this section.
``(b) Required Activities.--Each parent training and information
center that receives assistance under this section shall--
``(1) provide training and information that meets the
training and information needs of parents of children with
disabilities living in the area served by the center,
particularly underserved parents and parents of children who may
be inappropriately identified;
``(2) assist parents to understand the availability of, and
how to effectively use, procedural safeguards under this Act,
including encouraging the use, and explaining the benefits, of
alternative methods of dispute resolution, such as the mediation
process described in section 615(e);
``(3) serve the parents of infants, toddlers, and children
with the full range of disabilities;
``(4) assist parents to--
``(A) better understand the nature of their
children's disabilities and their educational and
developmental needs;
``(B) communicate effectively with personnel
responsible for providing special education, early
intervention, and related services;
``(C) participate in decisionmaking processes and
the development of individualized education programs
under part B and individualized family service plans
under part C;
``(D) obtain appropriate information about the range
of options, programs, services, and resources available
to assist children with disabilities and their families;
``(E) understand the provisions of this Act for the
education of, and the provision of early intervention
services to, children with disabilities; and
``(F) participate in school reform activities;
``(5) in States where the State elects to contract with the
parent training and information center, contract with State
educational agencies to provide, consistent with subparagraphs
(B) and (D) of section 615(e)(2), individuals who meet with
parents to explain the mediation process to them;
``(6) network with appropriate clearinghouses, including
organizations conducting national dissemination activities under
section 685(d), and with other national, State, and local
organizations and agencies, such as protection and advocacy
agencies, that serve parents and families of children with the
full range of disabilities; and
``(7) annually <<NOTE: Reports.>> report to the Secretary
on--
``(A) the number of parents to whom it provided
information and training in the most recently concluded
fiscal year; and
[[Page 111 STAT. 150]]
``(B) the effectiveness of strategies used to reach
and serve parents, including underserved parents of
children with disabilities.
``(c) Optional Activities.--A parent training and information center
that receives assistance under this section may--
``(1) provide information to teachers and other
professionals who provide special education and related services
to children with disabilities;
``(2) assist students with disabilities to understand their
rights and responsibilities under section 615(m) on reaching the
age of majority; and
``(3) assist parents of children with disabilities to be
informed participants in the development and implementation of
the State's State improvement plan under subpart 1.
``(d) Application Requirements.--Each application for assistance
under this section shall identify with specificity the special efforts
that the applicant will undertake--
``(1) to ensure that the needs for training and information
of underserved parents of children with disabilities in the area
to be served are effectively met; and
``(2) to work with community-based organizations.
``(e) Distribution of Funds.--
``(1) In general.--The Secretary shall make at least 1 award
to a parent organization in each State, unless the Secretary
does not receive an application from such an organization in
each State of sufficient quality to warrant approval.
``(2) Selection requirement.--The Secretary shall select
among applications submitted by parent organizations in a State
in a manner that ensures the most effective assistance to
parents, including parents in urban and rural areas, in the
State.
``(f ) Quarterly Review.--
``(1) Requirements.--
``(A) Meetings.--The board of directors or special
governing committee of each organization that receives
an award under this section shall meet at least once in
each calendar quarter to review the activities for which
the award was made.
``(B) Advising board.--Each special governing
committee shall directly advise the organization's
governing board of its views and recommendations.
``(2) Continuation award.--When an organization requests a
continuation award under this section, the board of directors or
special governing committee shall submit to the Secretary a
written review of the parent training and information program
conducted by the organization during the preceding fiscal year.
``(g) Definition of Parent Organization.--As used in this section,
the term `parent organization' means a private nonprofit organization
(other than an institution of higher education) that--
``(1) has a board of directors--
``(A) the majority of whom are parents of children
with disabilities;
``(B) that includes--
``(i) individuals working in the fields of
special education, related services, and early
intervention; and
``(ii) individuals with disabilities; and
[[Page 111 STAT. 151]]
``(C) the parent and professional members of which
are broadly representative of the population to be
served; or
``(2) has--
``(A) a membership that represents the interests of
individuals with disabilities and has established a
special governing committee that meets the requirements
of paragraph (1); and
``(B) a memorandum of understanding between the
special governing committee and the board of directors
of the organization that clearly outlines the
relationship between the board and the committee and the
decisionmaking responsibilities and authority of each.
``SEC. 683. COMMUNITY <<NOTE: 20 USC 1483.>> PARENT RESOURCE CENTERS.
``(a) In General.--The Secretary may make grants to, and enter into
contracts and cooperative agreements with, local parent organizations to
support parent training and information centers that will help ensure
that underserved parents of children with disabilities, including low-
income parents, parents of children with limited English proficiency,
and parents with disabilities, have the training and information they
need to enable them to participate effectively in helping their children
with disabilities--
``(1) to meet developmental goals and, to the maximum extent
possible, those challenging standards that have been established
for all children; and
``(2) to be prepared to lead productive independent adult
lives, to the maximum extent possible.
``(b) Required Activities.--Each parent training and information
center assisted under this section shall--
``(1) provide training and information that meets the
training and information needs of parents of children with
disabilities proposed to be served by the grant, contract, or
cooperative agreement;
``(2) carry out the activities required of parent training
and information centers under paragraphs (2) through (7) of
section 682(b);
``(3) establish cooperative partnerships with the parent
training and information centers funded under section 682; and
``(4) be designed to meet the specific needs of families who
experience significant isolation from available sources of
information and support.
``(c) Definition.--As used is this section, the term `local parent
organization' means a parent organization, as defined in section 682(g),
that either--
``(1) has a board of directors the majority of whom are from
the community to be served; or
``(2) has--
``(A) as a part of its mission, serving the
interests of individuals with disabilities from such
community; and
``(B) a special governing committee to administer
the grant, contract, or cooperative agreement, a
majority of the members of which are individuals from
such community.
[[Page 111 STAT. 152]]
``SEC. 684. TECHNICAL ASSISTANCE FOR PARENT TRAINING AND INFORMATION
CENTERS.
``(a) In General.--The Secretary may, directly or through awards to
eligible entities, provide technical assistance for developing,
assisting, and coordinating parent training and information programs
carried out by parent training and information centers receiving
assistance under sections 682 and 683.
``(b) Authorized Activities.--The Secretary may provide technical
assistance to a parent training and information center under this
section in areas such as--
``(1) effective coordination of parent training efforts;
``(2) dissemination of information;
``(3) evaluation by the center of itself;
``(4) promotion of the use of technology, including
assistive technology devices and assistive technology services;
``(5) reaching underserved populations;
``(6) including children with disabilities in general
education programs;
``(7) facilitation of transitions from--
``(A) early intervention services to preschool;
``(B) preschool to school; and
``(C) secondary school to postsecondary environ-
ments; and
``(8) promotion of alternative methods of dispute
resolution.
<<NOTE: 20 USC 1485.>> ``SEC. 685. COORDINATED TECHNICAL ASSISTANCE AND
DISSEMINATION.
``(a) In General.--The Secretary shall, by competitively making
grants or entering into contracts and cooperative agreements with
eligible entities, provide technical assistance and information, through
such mechanisms as institutes, Regional Resource Centers,
clearinghouses, and programs that support States and local entities in
building capacity, to improve early intervention, educational, and
transitional services and results for children with disabilities and
their families, and address systemic-change goals and priorities.
``(b) Systemic Technical Assistance; Authorized Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall carry out or support technical assistance
activities, consistent with the objectives described in
subsection (a), relating to systemic change.
``(2) Authorized activities.--Activities that may be carried
out under this subsection include activities such as the
following:
``(A) Assisting States, local educational agencies,
and other participants in partnerships established under
subpart 1 with the process of planning systemic changes
that will promote improved early intervention,
educational, and transitional results for children with
disabilities.
``(B) Promoting change through a multistate or
regional framework that benefits States, local
educational agencies, and other participants in
partnerships that are in the process of achieving
systemic-change outcomes.
``(C) Increasing the depth and utility of
information in ongoing and emerging areas of priority
need identified by States, local educational agencies,
and other participants
[[Page 111 STAT. 153]]
in partnerships that are in the process of achieving
systemic-change outcomes.
``(D) Promoting communication and information
exchange among States, local educational agencies, and
other participants in partnerships, based on the needs
and concerns identified by the participants in the
partnerships, rather than on externally imposed criteria
or topics, regarding--
``(i) the practices, procedures, and policies
of the States, local educational agencies, and
other participants in partnerships; and
``(ii) accountability of the States, local
educational agencies, and other participants in
partnerships for improved early intervention,
educational, and transitional results for children
with disabilities.
``(c) Specialized Technical Assistance; Authorized Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall carry out or support activities, consistent with
the objectives described in subsection (a), relating to areas of
priority or specific populations.
``(2) Authorized activities.--Examples of activities that
may be carried out under this subsection include activities
that--
``(A) focus on specific areas of high-priority need
that--
``(i) are identified by States, local
educational agencies, and other participants in
partnerships;
``(ii) require the development of new
knowledge, or the analysis and synthesis of
substantial bodies of information not readily
available to the States, agencies, and other
participants in partnerships; and
``(iii) will contribute significantly to the
improvement of early intervention, educational,
and transitional services and results for children
with disabilities and their families;
``(B) focus on needs and issues that are specific to
a population of children with disabilities, such as the
provision of single-State and multi-State technical
assistance and in-service training--
``(i) to schools and agencies serving deaf-
blind children and their families; and
``(ii) to programs and agencies serving other
groups of children with low-incidence disabilities
and their families; or
``(C) address the postsecondary education needs of
individuals who are deaf or hard-of-hearing.
``(d) National Information Dissemination; Authorized Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall carry out or support information dissemination
activities that are consistent with the objectives described in
subsection (a), including activities that address national needs
for the preparation and dissemination of information relating to
eliminating barriers to systemic-change and improving early
intervention, educational, and transitional results for children
with disabilities.
[[Page 111 STAT. 154]]
``(2) Authorized activities.--Examples of activities that
may be carried out under this subsection include activities
relating to--
``(A) infants and toddlers with disabilities and
their families, and children with disabilities and their
families;
``(B) services for populations of children with low-
incidence disabilities, including deaf-blind children,
and targeted age groupings;
``(C) the provision of postsecondary services to
individuals with disabilities;
``(D) the need for and use of personnel to provide
services to children with disabilities, and personnel
recruitment, retention, and preparation;
``(E) issues that are of critical interest to State
educational agencies and local educational agencies,
other agency personnel, parents of children with
disabilities, and individuals with disabilities;
``(F) educational reform and systemic change within
States; and
``(G) promoting schools that are safe and conducive
to learning.
``(3) Linking states to information sources.--In carrying
out this subsection, the Secretary may support projects that
link States to technical assistance resources, including special
education and general education resources, and may make research
and related products available through libraries, electronic
networks, parent training projects, and other information
sources.
``(e) Applications.--An eligible entity that wishes to receive a
grant, or enter into a contract or cooperative agreement, under this
section shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require.
``SEC. 686. AUTHORIZATION <<NOTE: 20 USC 1486.>> OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out sections 681
through 685 such sums as may be necessary for each of the fiscal years
1998 through 2002.
``SEC. 687. TECHNOLOGY <<NOTE: 20 USC 1487.>> DEVELOPMENT,
DEMONSTRATION, AND UTILIZATION; AND MEDIA SERVICES.
``(a) In <<NOTE: Grants. Contracts.>> General.--The Secretary shall
competitively make grants to, and enter into contracts and cooperative
agreements with, eligible entities to support activities described in
subsections (b) and (c).
``(b) Technology Development, Demonstration, and Utilization;
Authorized Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support activities to promote the development,
demonstration, and utilization of technology.
``(2) Authorized activities.--Activities that may be carried
out under this subsection include activities such as the
following:
``(A) Conducting research and development activities
on the use of innovative and emerging technologies for
children with disabilities.
``(B) Promoting the demonstration and use of
innovative and emerging technologies for children with
disabilities
[[Page 111 STAT. 155]]
by improving and expanding the transfer of technology
from research and development to practice.
``(C) Providing technical assistance to recipients
of other assistance under this section, concerning the
development of accessible, effective, and usable
products.
``(D) Communicating information on available
technology and the uses of such technology to assist
children with disabilities.
``(E) Supporting the implementation of research
programs on captioning or video description.
``(F) Supporting research, development, and
dissemination of technology with universal-design
features, so that the technology is accessible to
individuals with disabilities without further
modification or adaptation.
``(G) Demonstrating the use of publicly-funded
telecommunications systems to provide parents and
teachers with information and training concerning early
diagnosis of, intervention for, and effective teaching
strategies for, young children with reading
disabilities.
``(c) Educational Media Services; Authorized Activities.--In
carrying out this section, the Secretary shall support--
``(1) educational media activities that are designed to be
of educational value to children with disabilities;
``(2) providing video description, open captioning, or
closed captioning of television programs, videos, or educational
materials through September 30, 2001; and after fiscal year
2001, providing video description, open captioning, or closed
captioning of educational, news, and informational television,
videos, or materials;
``(3) distributing captioned and described videos or
educational materials through such mechanisms as a loan service;
``(4) providing free educational materials, including
textbooks, in accessible media for visually impaired and print-
disabled students in elementary, secondary, postsecondary, and
graduate schools;
``(5) providing cultural experiences through appropriate
nonprofit organizations, such as the National Theater of the
Deaf, that--
``(A) enrich the lives of deaf and hard-of-hearing
children and adults;
``(B) increase public awareness and understanding of
deafness and of the artistic and intellectual
achievements of deaf and hard-of-hearing persons; or
``(C) promote the integration of hearing, deaf, and
hard-of-hearing persons through shared cultural,
educational, and social experiences; and
``(6) compiling and analyzing appropriate data relating to
the activities described in paragraphs (1) through (5).
``(d) Applications.--Any eligible entity that wishes to receive a
grant, or enter into a contract or cooperative agreement, under this
section shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary for
each of the fiscal years 1998 through 2002.''.
[[Page 111 STAT. 156]]
TITLE II--MISCELLANEOUS PROVISIONS
SEC. 201. EFFECTIVE <<NOTE: 20 USC 1400 note.>> DATES.
(a) Parts A and B.--
(1) In general.--Except as provided in paragraph (2), parts
A and B of the Individuals with Disabilities Education Act, as
amended by title I, shall take effect upon the enactment of this
Act.
(2) Exceptions.--
(A) In general.--Sections 612(a)(4), 612(a)(14),
612(a)(16), 614(d) (except for paragraph (6)), and 618
of the Individuals with Disabilities Education Act, as
amended by title I, shall take effect on July 1, 1998.
(B) Section 617.--Section 617 of the Individuals
with Disabilities Education Act, as amended by title I,
shall take effect on October 1, 1997.
(C) Individualized education programs and
comprehensive system of personnel development.--Section
618 of the Individuals with Disabilities Education Act,
as in effect on the day before the date of the enactment
of this Act, and the provisions of parts A and B of the
Individuals with Disabilities Education Act relating to
individualized education programs and the State's
comprehensive system of personnel development, as so in
effect, shall remain in effect until July 1, 1998.
(D) Sections 611 and 619.--Sections 611 and 619, as
amended by title I, shall take effect beginning with
funds appropriated for fiscal year 1998.
(b) Part C.--Part C of the <<NOTE: 20 USC 1431 note.>> Individuals
with Disabilities Education Act, as amended by title I, shall take
effect on July 1, 1998.
(c) Part <<NOTE: 20 USC 1451 note.>> D.--
(1) In general.--Except as provided in paragraph (2), part D
of the Individuals with Disabilities Education Act, as amended
by title I, shall take effect on October 1, 1997.
(2) Exception.--Paragraphs (1) and (2) of section 661(g) of
the Individuals with Disabilities Education Act, as amended by
title I, shall take effect on January 1, 1998.
SEC. 202. <<NOTE: 20 USC 1451 note.>> TRANSITION.
Notwithstanding any other provision of law, beginning on October 1,
1997, the Secretary of Education may use funds appropriated under part D
of the Individuals with Disabilities Education Act to make continuation
awards for projects that were funded under section 618 and parts C
through G of such Act (as in effect on September 30, 1997).
[[Page 111 STAT. 157]]
SEC. 203. <<NOTE: Effective dates.>> REPEALERS.
(a) Part I.--Effective October 1, 1998, part I of the Individuals
with Disabilities Education <<NOTE: 20 USC 1491 et seq. 20 USC 1471 et
seq.>> Act is hereby repealed.
(b) Part H.--Effective July 1, 1998, part H of such Act is hereby
repealed.
(c) Parts C, E, F, and G.--Effective October 1, 1997, parts C, E, F,
and G of such <<NOTE: 20 USC 1421 et seq.>> Act are hereby repealed.
Approved June 4, 1997.
LEGISLATIVE HISTORY--H.R. 5 (S. 717):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 105-95 (Comm. on Education and the Workforce).
CONGRESSIONAL RECORD, Vol. 143 (1997):
May 13, considered and passed House.
May 14, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
June 4, Presidential remarks and statement.
Part B | Section 619 of Part B | Part C | Part D | Return to Top of Page