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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] ...


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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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