Home > 106th Congressional Bills > S. 161 (is) To provide for a transition to market-based rates for power sold by the Federal Power Marketing Administrations and the Tennessee Valley Authority, and for other purposes. [Introduced in Senate] ...S. 161 (is) To provide for a transition to market-based rates for power sold by the Federal Power Marketing Administrations and the Tennessee Valley Authority, and for other purposes. [Introduced in Senate] ...
108th CONGRESS
1st Session
S. 1619
To amend the Individuals with Disabilities Education Act to ensure that
children with disabilities who are homeless or are wards of the State
have access to special education services, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 16, 2003
Mrs. Murray (for herself and Mr. DeWine) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Individuals with Disabilities Education Act to ensure that
children with disabilities who are homeless or are wards of the State
have access to special education services, 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 for Homeless and
Foster Children with Disabilities Act of 2003''.
SEC. 2. FINDINGS.
Section 601(c) of the Individuals with Disabilities Education Act
(20 U.S.C. 1400(c)) is amended by adding at the end the following:
``(11) Children and youth in foster care (approximately
588,000 nationwide) have a higher prevalence of physical,
developmental, and behavioral health problems than other
children. They are also more likely than other children to have
academic and behavioral trouble in school, higher rates of
absenteeism and tardiness, and are more likely than other
children to be in special education, repeat a grade, and have
disabilities that affect their ability to learn.
``(12) In a number of States, more than 60 percent of
children and youth in foster care drop out of school before
graduation; a rate that is twice as high as the dropout rate
for all students.
``(13) More than 1,350,000 children will experience
homelessness at least once during the course of a year.
``(14) While homeless children are diagnosed with learning
disabilities at a disproportionally high rate, such children
are underserved by special education programs. In 1997, 20 of
47 States reported that special education was a major need of
homeless children, yet 39 percent of States also reported that
such children had difficulties accessing special education
services.
``(15) In reports to the Department of Education, 50
percent of States indicated that homeless children had
difficulties accessing special education services.''.
SEC. 3. DEFINITIONS.
Section 602 of the Individuals with Disabilities Education Act (20
U.S.C. 1401) is amended--
(1) by redesignating paragraphs (9) through (30) as
paragraphs (10) through (31), respectively;
(2) by inserting after paragraph (8) the following:
``(9) Homeless children.--The term `homeless children' has
the meaning given the term `homeless children and youths' in
section 725 of the McKinney-Vento Homeless Assistance Act.'';
(3) by striking paragraph (20) (as redesignated by
paragraph (1) of this section) and inserting the following:
``(20) Parent.--
``(A) In general.--The term `parent'--
``(i) means--
``(I) a natural or adoptive parent
of a child;
``(II) a guardian (but not the
State if the child is a ward of the
State);
``(III) an individual acting in the
place of a natural or adoptive parent,
including a grandparent, stepparent, or
other relative with whom the child
lives or an individual who is legally
responsible for the child's welfare; or
``(IV) except as used in sections
615(b)(2) and 639(a)(5), an individual
assigned under either of those sections
to be a surrogate parent; and
``(ii) in the case of a homeless child who
is not in the physical custody of a parent or
guardian, includes a related or unrelated adult
with whom the child is living or other adult
jointly designated by the child and the local
educational agency liaison for homeless
children and youths (designated pursuant to
section 722(g)(1)(J)(ii) of the McKinney-Vento
Homeless Assistance Act), in addition to other
individuals permitted by law.
``(B) Foster parent.--Unless State law prohibits a
foster parent from acting as a parent, the term
`parent' includes a foster parent if--
``(i) the natural or adoptive parents'
authority to make educational decisions on the
child's behalf has been extinguished under
State law; and
``(ii) the foster parent--
``(I) has an ongoing, long-term
parental relationship with the child;
``(II) is willing to make the
educational decisions required of
parents under this Act; and
``(III) has no interest that would
conflict with the interests of the
child.''; and
(4) by adding at the end the following:
``(32) Ward of the state.--The term `ward of the State'
means a child who--
``(A) is considered a ward of the State in the
State where the child resides; or
``(B) is in the custody of a public child welfare
agency, including if the child is residing--
``(i) in a foster family home, group home,
or other alternative residential setting; or
``(ii) at home under protective
supervision.''.
SEC. 4. STATE ELIGIBILITY.
Section 612(a) of the Individuals with Disabilities Education Act
(20 U.S.C. 1412(a)) is amended--
(1) in paragraph (3)(A), by striking ``disabilities
attending'' and inserting ``disabilities who are homeless
children or are wards of the State and children with
disabilities attending''; and
(2) in paragraph (21)(B)--
(A) in clause (i), by striking the semicolon at the
end and inserting ``, including not less than 1 foster
parent of a child with disabilities who is a ward of
the State and 1 grandparent or other relative who is
acting in the place of a natural or adoptive parent;'';
(B) in clause (v), by striking the semicolon at the
end and inserting ``, including officials who carry out
activities under subtitle B of title VII of the
McKinney-Vento Homeless Assistance Act;'';
(C) in clause (ix), by striking ``and'' after the
semicolon;
(D) in clause (x), by striking the period at the
end and inserting a semicolon; and
(E) by adding at the end the following:
``(xi) representatives from the State child
welfare agency; and
``(xii) a representative of wards of the
State who are in foster care, such as an
attorney for children in foster care, a
guardian ad litem, a court appointed special
advocate, or a judge.''.
SEC. 5. LOCAL EDUCATIONAL AGENCY ELIGIBILITY.
Section 613(f)(2) of the Individuals with Disabilities Education
Act (20 U.S.C. 1413(f)(2)) is amended--
(1) in subparagraph (B), by striking ``and title XVI of the
Social Security Act (supplemental security income)'' and
inserting ``title XVI of the Social Security Act (supplemental
security income), part E of title IV of the Social Security Act
(foster care and adoption assistance), the John H. Chafee
Foster Care Independence Program under section 477 of the
Social Security Act, and State case plans for wards of the
State'';
(2) in subparagraph (C), by striking ``and'' after the
semicolon;
(3) in subparagraph (D), by striking the period at the end
and inserting ``, that includes staff from the State child
welfare agency; and''; and
(4) by adding at the end the following:
``(E) developing and coordinating strategies with
local educational agency liaisons for homeless children
and youths (designated pursuant to section
722(g)(1)(J)(ii) of the McKinney-Vento Homeless
Assistance Act) to facilitate service delivery to
children with disabilities who are homeless
children.''.
SEC. 6. EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED
EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS.
Section 614 of the Individuals with Disabilities Education Act (20
U.S.C. 1414) is amended--
(1) in subsection (a)(1)(C), by adding at the end the
following:
``(iii) Exception for wards of the state.--
The agency shall not be required to obtain an
informed consent from the parents of a child
for an initial evaluation to determine whether
the child is a child with a disability if such
child is a ward of the State and consent has
been given by the judge appointed to the
child's case or the child's attorney, guardian
ad litem, or court appointed special
advocate.'';
(2) in subsection (b)(3)--
(A) in subparagraph (C), by striking ``and'' after
the semicolon;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) assessments of homeless children and wards of
the State are--
``(i) expedited and coordinated with such
children's prior and subsequent schools as
necessary to ensure timely completion of full
evaluations; and
``(ii) completed within time limits--
``(I) established for all students
by Federal, State, and local laws; and
``(II) that computes the
commencement of time from the date on
which such children are first referred
for assessments in any local
educational agency.'';
(3) in subsection (d)--
(A) in paragraph (1)(B)--
(i) in clause (vi), by striking ``and''
after the semicolon;
(ii) in clause (vii), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(viii) if the child is a ward of the
State, the individual with primary
responsibility for the child's education needs,
such as a foster parent, a relative with whom
the child lives who acts as a parent to the
child, an attorney for the child, a guardian ad
litem, a court appointed special advocate, a
judge, or an education surrogate.''; and
(B) in paragraph (2), by adding at the end the
following:
``(C) Program for homeless children and wards of
the state.--In the case of a homeless child or a ward
of the State who enrolls in a new school and who had an
IEP that was in effect in the same or another State,
the local educational agency, State educational agency,
or other State agency, as the case may be, shall immediately have in
effect such IEP until such agency--
``(i) adopts such IEP; or
``(ii) develops a new IEP.''; and
(4) in subsection (f), by adding at the end the following:
``Decisions regarding the educational placement of a child with
a disability who is a homeless child shall comply with the
requirements described under section 722(g)(3) of the McKinney-
Vento Homeless Assistance Act.''.
SEC. 7. PROCEDURAL SAFEGUARDS.
Section 615 of the Individuals with Disabilities Education Act (20
U.S.C. 1415) is amended--
(1) in subsection (a), by inserting ``, including children
with disabilities who are wards of the State,'' after
``children with disabilities'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) by striking ``or the child is a ward of
the State'' and inserting ``the child is a ward
of the State, or the child is a homeless child
who is not in the physical custody of a parent
or guardian''; and
(ii) by inserting ``in accordance with
subsection (n)'' after ``surrogate for the
parents'';
(B) in paragraph (7)--
(i) in subparagraph (B)(i), by striking
``residence of the child,'' and inserting
``residence of the child (or available contact
information in the case of a homeless
child),''; and
(ii) by striking ``and'' after the
semicolon;
(C) in paragraph (8), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(9) procedures to protect the rights of the child
whenever the child is a ward of the State, including procedures
that preserve the rights of the natural or adoptive parent to
make the decisions required of parents under this Act (unless
Other Popular 106th Congressional Bills Documents:
|
| GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information. |
 |