| Home > 104th Congressional Bills > H.R. 1350 (enr) To amend the Merchant Marine Act, 1936 to revitalize the United States- flag merchant marine, and for other purposes. [Enrolled bill] ...
H.R. 1350 (enr) To amend the Merchant Marine Act, 1936 to revitalize the United States- flag merchant marine, and for other purposes. [Enrolled bill] ...
108th CONGRESS 1st Session H. R. 1350 _______________________________________________________________________ AN ACT To reauthorize the Individuals with Disabilities Education Act, and for other purposes. 108th CONGRESS 1st Session H. R. 1350 _______________________________________________________________________ AN ACT To reauthorize the Individuals with Disabilities Education Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Education Results for Children With Disabilities Act of 2003''. TITLE I--GENERAL PROVISIONS SEC. 101. SECTIONS 601 THROUGH 603 OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. Sections 601 through 603 of the Individuals with Disabilities Education Act (20 U.S.C. 1400-1402) are amended to read as follows: ``SEC. 601. SHORT TITLE; TABLE OF CONTENTS; FINDINGS; PURPOSES. ``(a) Short Title.--This Act may be cited as the `Individuals with Disabilities Education Act'. ``(b) Table of Contents.--The table of contents for this Act is as follows: ``Part A--General Provisions ``Sec. 601. Short title; table of contents; findings; purposes. ``Sec. 602. Definitions. ``Sec. 603. Office of Special Education Programs. ``Sec. 604. Abrogation of State sovereign immunity. ``Sec. 605. Acquisition of equipment; construction or alteration of facilities. ``Sec. 606. Employment of individuals with disabilities. ``Sec. 607. Requirements for prescribing regulations. ``Sec. 608. State administration. ``Part B--Assistance for Education of All Children with Disabilities ``Sec. 611. Authorization; allotment; use of funds; authorization of appropriations. ``Sec. 612. State eligibility. ``Sec. 613. Local educational agency eligibility. ``Sec. 614. Evaluations, eligibility determinations, individualized education programs, and educational placements. ``Sec. 615. Procedural safeguards. ``Sec. 616. Monitoring, enforcement, withholding, and judicial review. ``Sec. 617. Administration. ``Sec. 618. Program information. ``Sec. 619. Preschool grants. ``Part C--Infants and Toddlers with Disabilities ``Sec. 631. Findings and policy. ``Sec. 632. Definitions. ``Sec. 633. General authority. ``Sec. 634. Eligibility. ``Sec. 635. Requirements for statewide system. ``Sec. 636. Individualized family service plan. ``Sec. 637. State application and assurances. ``Sec. 638. Uses of funds. ``Sec. 639. Procedural safeguards. ``Sec. 640. Payor of last resort. ``Sec. 641. State Interagency Coordinating Council. ``Sec. 642. Federal administration. ``Sec. 643. Allocation of funds. ``Sec. 644. Authorization of appropriations. ``Part D--National Activities To Improve Education of Children With Disabilities ``Sec. 651.``subpart 1--state professional development grants ``Sec. 652. Purpose. ``Sec. 653. Eligibility and collaborative process. ``Sec. 654. Applications. ``Sec. 655. Use of funds. ``Sec. 656. State grant amounts. ``subpart 2--scientifically based research; technical assistance; model demonstration projects; dissemination of information; and personnel preparation programs ``Sec. 661. Purpose. ``Sec. 662. Administrative provisions. ``Sec. 663. Research to improve results for children with disabilities. ``Sec. 664. Technical assistance, demonstration projects, dissemination of information, and implementation of scientifically based research. ``Sec. 665. Personnel preparation programs to improve services and results for children with disabilities. ``Sec. 666. Studies and evaluations. ``subpart 3--supports to improve results for children with disabilities ``Sec. 671. Purposes. ``Sec. 672. Parent training and information centers. ``Sec. 673. Community parent resource centers. ``Sec. 674. Technical assistance for parent training and information centers. ``Sec. 675. Technology development, demonstration, and utilization; and media services. ``(c) Findings.--Congress finds the following: ``(1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self- sufficiency for individuals with disabilities. ``(2) Before the date of the enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94-142), the special educational needs of millions of children with disabilities were not being fully met and there were many children with disabilities participating in regular school programs whose undiagnosed disabilities prevented them from having a successful educational experience. ``(3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this Act has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities. ``(4) Over 25 years of research and experience has demonstrated that the education of children with disabilities can be made more effective by-- ``(A) having high expectations for such children and ensuring their access to the general education curriculum in the regular classroom to the maximum extent possible in order-- ``(i) to meet developmental goals and, to the maximum extent possible, the challenging expectations that have been established for all children; and ``(ii) to be prepared to lead productive and independent adult lives, to the maximum extent possible; ``(B) strengthening the role and responsibility of parents and ensuring that families of such children have meaningful opportunities to participate in the education of their children at school and at home; ``(C) coordinating this Act with other local, State, and Federal school improvement efforts, including efforts under the Elementary and Secondary Education Act of 1965, in order to ensure that children with disabilities benefit from such efforts and that special education can become a service for such children rather than a place where they are sent; ``(D) supporting high-quality, intensive professional development for personnel who work with children with disabilities; ``(E) providing incentives for scientifically based reading programs and prereferral intervention services to reduce the need to label children as disabled in order to address their learning needs; ``(F) focusing resources on teaching and learning while reducing paperwork and requirements that do not assist in improving educational results; and ``(G) supporting the development and use of technology, including assistive technology devices and services, to maximize accessibility for children with disabilities. ``(5) While States, local educational agencies, and educational service agencies are primarily responsible for providing an education for all children with disabilities, it is in the national interest that the Federal Government has a supporting role in assisting State and local efforts to educate children with disabilities in order to improve results for such children and to ensure equal protection of the law. ``(6) A more equitable allocation of resources is essential for the Federal Government to meet its responsibility to provide an equal educational opportunity for all individuals. ``(7)(A) The Federal Government must respond to the growing needs of an increasingly diverse society. ``(B) America's ethnic profile is rapidly changing. In the year 2000, nearly one of every three persons in America was a member of a minority group or was limited English proficient. ``(C) Minority children comprise an increasing percentage of public school students. ``(D) With such changing demographics, recruitment efforts for special education personnel should focus on increasing the participation of minorities in the teaching profession in order to provide appropriate role models with sufficient knowledge to address the special education needs of these students. ``(8)(A) The limited English proficient population is the fastest growing in our Nation, and the growth is occurring in many parts of our Nation. ``(B) Studies have documented apparent discrepancies in the levels of referral and placement of limited English proficient children in special education. ``(C) This poses a special challenge for special education in the referral, assessment, and provision of services for our Nation's students from non-English language backgrounds. ``(9)(A) Greater efforts are needed to prevent the intensification of problems connected with mislabeling and high dropout rates among minority children with disabilities. ``(B) More minority children continue to be served in special education than would be expected from the percentage of minority students in the general school population. ``(C) African American children are overidentified as having mental retardation and emotional disturbance at rates greater than their white counterparts. ``(D) In the 1998-99 school year, African American children represented just 14.8 percent of the population aged 6 through 21, but comprised 20.2 percent of all children with disabilities. ``(E) Studies have found that schools with predominantly Caucasian students and teachers have placed disproportionately high numbers of their minority students into special education. ``(10)(A) As the number of minority students in special education increases, the number of minority teachers and related services personnel produced in colleges and universities continues to decrease. ``(B) The opportunity for full participation by minority individuals, organizations, and historically black colleges and universities in awards for grants and contracts, boards of organizations receiving assistance under this Act, peer review panels, and training of professionals in the area of special education is essential to obtain greater success in the education of minority children with disabilities. ``(d) Purposes.--The purposes of this title are-- ``(1)(A) to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living; ``(B) to ensure that the rights of children with disabilities and parents of such children are protected; and ``(C) to assist States, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities; ``(2) to assist States in the implementation of a statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for infants and toddlers with disabilities and their families; ``(3) to ensure that educators and parents have the necessary tools to improve educational results for children with disabilities by supporting system improvement activities; coordinated research and personnel preparation; coordinated technical assistance, dissemination, and support; and technology development and media services; and ``(4) to assess, and ensure the effectiveness of, efforts to educate children with disabilities. ``SEC. 602. DEFINITIONS. ``Except as otherwise provided, as used in this Act: ``(1) Assistive technology device.--The term `assistive technology device' means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of a child with a disability. ``(2) Assistive technology service.--The term `assistive technology service' means any service that directly assists a child with a disability in the selection, acquisition, or use
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