[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1350 Enrolled Bill (ENR)]
H.R.1350
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
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,

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This Act may be cited as the ``Individuals with Disabilities
Education Improvement Act of 2004''.

b9b7d5adce75d172b71de093293393a73d85a696928b72f9d92ed77b0eab885d

This Act is organized into the following titles:
Education Act.

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85c697c33665ef39ec10d9b2877ea81a10b2378475de3b045430fe6b525f9234

TITLE I

-AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT

(a) Amendment.--The Education Sciences Reform Act of 2002 (20
U.S.C. 9501 et seq.) is amended--
(1) by redesignating part E as part F; and
(2) by inserting after part D the following:
``PART E--NATIONAL CENTER FOR SPECIAL EDUCATION RESEARCH
``SEC. 175. ESTABLISHMENT.
``(a) Establishment.--There is established in the Institute a
National Center for Special Education Research (in this part referred
to as the `Special Education Research Center').
``(b) Mission.--The mission of the Special Education Research
Center is--
``(1) to sponsor research to expand knowledge and understanding
of the needs of infants, toddlers, and children with disabilities
in order to improve the developmental, educational, and
transitional results of such individuals;
``(2) to sponsor research to improve services provided under,
and support the implementation of, the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.); and
``(3) to evaluate the implementation and effectiveness of the
Individuals with Disabilities Education Act in coordination with
the National Center for Education Evaluation and Regional
Assistance.
``(c) Applicability of Education Sciences Reform Act of 2002.--
Parts A and F, and the standards for peer review of applications and
for the conduct and evaluation of research under sections 133(a) and
134, respectively, shall apply to the Secretary, the Director, and the
Commissioner in carrying out this part.
``SEC. 176. COMMISSIONER FOR SPECIAL EDUCATION RESEARCH.
``The Special Education Research Center shall be headed by a
Commissioner for Special Education Research (in this part referred to
as the `Special Education Research Commissioner') who shall have
substantial knowledge of the Special Education Research Center's
activities, including a high level of expertise in the fields of
research, research management, and the education of children with
disabilities.
``SEC. 177. DUTIES.
``(a) General Duties.--The Special Education Research Center shall
carry out research activities under this part consistent with the
mission described in section 175(b), such as activities that--
``(1) improve services provided under the Individuals with
Disabilities Education Act in order to improve--
``(A) academic achievement, functional outcomes, and
educational results for children with disabilities; and
``(B) developmental outcomes for infants or toddlers with
disabilities;
``(2) identify scientifically based educational practices that
support learning and improve academic achievement, functional
outcomes, and educational results for all students with
disabilities;
``(3) examine the special needs of preschool aged children,
infants, and toddlers with disabilities, including factors that may
result in developmental delays;
``(4) identify scientifically based related services and
interventions that promote participation and progress in the
general education curriculum and general education settings;
``(5) improve the alignment, compatibility, and development of
valid and reliable assessments, including alternate assessments, as
required by section 1111(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b));
``(6) examine State content standards and alternate assessments
for students with significant cognitive impairment in terms of
academic achievement, individualized instructional need,
appropriate education settings, and improved post-school results;
``(7) examine the educational, developmental, and transitional
needs of children with high incidence and low incidence
disabilities;
``(8) examine the extent to which overidentification and
underidentification of children with disabilities occurs, and the
causes thereof;
``(9) improve reading and literacy skills of children with
disabilities;
``(10) examine and improve secondary and postsecondary
education and transitional outcomes and results for children with
disabilities;
``(11) examine methods of early intervention for children with
disabilities, including children with multiple or complex
developmental delays;
``(12) examine and incorporate universal design concepts in the
development of standards, assessments, curricula, and instructional
methods to improve educational and transitional results for
children with disabilities;
``(13) improve the preparation of personnel, including early
intervention personnel, who provide educational and related
services to children with disabilities to increase the academic
achievement and functional performance of students with
disabilities;
``(14) examine the excess costs of educating a child with a
disability and expenses associated with high cost special education
and related services;
``(15) help parents improve educational results for their
children, particularly related to transition issues;
``(16) address the unique needs of children with significant
cognitive disabilities; and
``(17) examine the special needs of limited English proficient
children with disabilities.
``(b) Standards.--The Special Education Research Commissioner shall
ensure that activities assisted under this section--
``(1) conform to high standards of quality, integrity,
accuracy, validity, and reliability;
``(2) are carried out in accordance with the standards for the
conduct and evaluation of all research and development established
by the National Center for Education Research; and
``(3) are objective, secular, neutral, and nonideological, and
are free of partisan political influence, and racial, cultural,
gender, regional, or disability bias.
``(c) Plan.--The Special Education Research Commissioner shall
propose to the Director a research plan, developed in collaboration
with the Assistant Secretary for Special Education and Rehabilitative
Services, that--
``(1) is consistent with the priorities and mission of the
Institute and the mission of the Special Education Research Center;
``(2) is carried out, updated, and modified, as appropriate;
``(3) is consistent with the purposes of the Individuals with
Disabilities Education Act;
``(4) contains an appropriate balance across all age ranges and
types of children with disabilities;
``(5) provides for research that is objective and uses
measurable indicators to assess its progress and results; and
``(6) is coordinated with the comprehensive plan developed
under section 681 of the Individuals with Disabilities Education
Act.
``(d) Grants, Contracts, and Cooperative Agreements.--
``(1) In general.--In carrying out the duties under this
section, the Director may award grants to, or enter into contracts
or cooperative agreements with, eligible applicants.
``(2) Eligible applicants.--Activities carried out under this
subsection through contracts, grants, or cooperative agreements
shall be carried out only by recipients with the ability and
capacity to conduct scientifically valid research.
``(3) Applications.--An eligible applicant that wishes to
receive a grant, or enter into a contract or cooperative agreement,
under this section shall submit an application to the Director at
such time, in such manner, and containing such information as the
Director may require.
``(e) Dissemination.--The Special Education Research Center shall--
``(1) synthesize and disseminate, through the National Center
for Education Evaluation and Regional Assistance, the findings and
results of special education research conducted or supported by the
Special Education Research Center; and
``(2) assist the Director in the preparation of a biennial
report, as described in section 119.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part such sums as may be necessary for
each of fiscal years 2005 through 2010.''.
(b) Conforming Amendments.--
(1) Amendments to the table of contents.--The table of contents
in section 1 of the Act entitled ``An Act to provide for
improvement of Federal education research, statistics, evaluation,
information, and dissemination, and for other purposes'', approved
November 5, 2002 (116 Stat. 1940; Public Law 107-279), is amended--
(A) by redesignating the item relating to part E as the
item relating to part F; and
(B) by inserting after the item relating to section 174 the
following:
``Part E--National Center for Special Education Research
``Sec. 175. Establishment.
``Sec. 176. Commissioner for Special Education Research.
``Sec. 177. Duties.''.
(2) Education sciences reform act of 2002.--The Education
Sciences Reform Act of 2002 (20 U.S.C. 9501 et seq.) is amended--
(A) in section 111(b)(1)(A) (20 U.S.C. 9511(b)(1)(A)), by
inserting ``and special education'' after ``early childhood
education'';
(B) in section 111(c)(3) (20 U.S.C. 9511(c)(3))--
(i) in subparagraph (B), by striking ``and'' after the
semicolon;
(ii) in subparagraph (C), by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(D) the National Center for Special Education Research
(as described in part E).'';
(C) in section 115(a) (20 U.S.C. 9515(a)), by striking
``including those'' and all that follows through ``such as''
and inserting ``including those associated with the goals and
requirements of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.), the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.), and the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), such
as''; and
(D) in section 116(c)(4)(A)(ii) (20 U.S.C.
9516(c)(4)(A)(ii), by inserting ``special education experts,''
after ``early childhood experts,''.
(3) Elementary and secondary education act of 1965.--Section
1117(a)(3) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6317(a)(3)) is amended by striking ``part E'' and
inserting ``part D''.

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TITLE II

-NATIONAL CENTER FOR SPECIAL EDUCATION RESEARCH

Section 116(c)(9) of the Education Sciences Reform Act of 2002 (20
U.S.C. 9516(c)(9)) is amended by striking the third sentence and
inserting the following: ``Meetings of the Board are subject to section
552b of title 5, United States Code (commonly referred to as the
Government in the Sunshine Act).''.

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Section 206(d)(3) of the Educational Technical Assistance Act of
2002 (20 U.S.C. 9605(d)(3)) is amended by striking ``Academy'' and
inserting ``Institute''.

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Section 1004 of the Children's Health Act of 2000 (42 U.S.C. 285g
note) is amended--
(1) in subsection (b), by striking ``Agency'' and inserting
``Agency, and the Department of Education''; and
(2) in subsection (c)--
(A) in paragraph (2), by striking ``and'' after the
semicolon;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) be conducted in compliance with section 444 of the
General Education Provisions Act (20 U.S.C. 1232g), including the
requirement of prior parental consent for the disclosure of any
education records, except without the use of authority or
exceptions granted to authorized representatives of the Secretary
of Education for the evaluation of Federally-supported education
programs or in connection with the enforcement of the Federal legal
requirements that relate to such programs.''.

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TITLE III

-MISCELLANEOUS PROVISIONS

(a) Parts A, B, and C, and subpart 1 of part D.--
(1) In general.--Except as provided in paragraph (2), parts A,
B, and C, and subpart 1 of part D, of the Individuals with
Disabilities Education Act, as amended by title I, shall take
effect on July 1, 2005.
(2) Highly qualified definition.--Subparagraph (A), and
subparagraphs (C) through (F), of section 602(10) of the
Individuals with Disabilities Education Act, as amended by title I,
shall take effect on the date of enactment of this Act for purposes
of the Elementary and Secondary Education Act of 1965.
(b) Subparts 2, 3, and 4 of part D.--Subparts 2, 3, and 4 of part D
of the Individuals with Disabilities Education Act, as amended by title
I, shall take effect on the date of enactment of this Act.
(c) Education Sciences Reform Act of 2002.--
(1) National center for special education research.--Sections
175, 176, and 177 (other than section 177(c)) of the Education
Sciences Reform Act of 2002, as enacted by section 201(a)(2) of
this Act, shall take effect on the date of enactment of this Act.
(2) Plan.--Section 177(c) of the Education Sciences Reform Act
of 2002, as enacted by section 201(a)(2) of this Act, shall take
effect on October 1, 2005.

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(a) Orderly Transition.--
(1) In general.--The Secretary of Education (in this section
referred to as ``the Secretary'') shall take such steps as are
necessary to provide for the orderly transition from the
Individuals with Disabilities Education Act, as such Act was in
effect on the day preceding the date of enactment of this Act, to
the Individuals with Disabilities Education Act and part E of the
Education Sciences Reform Act of 2002, as amended by this Act.
(2) Limitation.--The Secretary's authority in paragraph (1)
shall terminate 1 year after the date of enactment of this Act.
(b) Multi-year Awards.--Notwithstanding any other provision of law,
the Secretary 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 part D, of the
Individuals with Disabilities Education Act (as such section and part
were in effect on September 30, 2004), in accordance with the terms of
the original awards.
(c) Research.--Notwithstanding section 302(b) or any other
provision of law, the Secretary may award funds that are appropriated
under the Department of Education Appropriations Act, 2005 for special
education research under either of the headings ``Special Education''
or ``Institute of Education Sciences'' in accordance with sections 672
and 674 of the Individuals with Disabilities Education Act, as such
sections were in effect on October 1, 2004.

ed6e349d608c9e25f4978467286c8b31c36eee4f957bf9acffd8b2e13307b3c8

Section 644 of the Individuals with Disabilities Education Act, as
such section was in effect on the day before the enactment of this Act,
is repealed.

f408c632744b2c2774164df7d8ba4384ca6bf6b84e3c594a7ad8a03c1d35dd03

(a) Title 10.--Section 2164(f) of title 10, United States Code is
amended--
(1) in paragraph (1)(B)--
(A) by striking ``infants and toddlers'' each place the
term appears and inserting ``infants or toddlers'';
(B) by striking ``part H'' and inserting ``part C''; and
(C) by striking ``1471'' and inserting ``1431''; and
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``602(a)(1)'' and inserting ``602'';
and
(ii) by striking ``1401(a)(1)'' and inserting ``1401'';
(B) by striking subparagraph (B);
(C) by redesignating subparagraph (C) as subparagraph (B);
and
(D) in subparagraph (B) (as so redesignated)--
(i) by striking ``and toddlers'' and inserting ``or
toddlers'';
(ii) by striking ``672(1)'' and inserting ``632''; and
(iii) by striking ``1472(1)'' and inserting ``1432''.
(b) Defense Dependents Education Act of 1978.--Section 1409(c)(2)
of the Defense Dependents Education Act of 1978 (20 U.S.C. 927(c)(2))
is amended--
(1) by striking ``677'' and inserting ``636''; and
(2) by striking ``part H'' and inserting ``part C''.
(c) Higher Education Act of 1965.--The Higher Education Act of 1965
(20 U.S.C. 1001 et seq.) is amended--
(1) in section 465(a)(2)(C) (20 U.S.C. 1087ee(a)(2)(C), by
striking ``Individuals With'' and inserting ``Individuals with''
and;
(2) in section 469(c) (20 U.S.C. 1087ii(c)), by striking
``602(a)(1) and 672(1)'' and inserting ``602 and 632''.
(d) Education of the Deaf Act.--The matter preceding subparagraph
(A) of section 104(b)(2) of the Education of the Deaf Act (20 U.S.C.
4304(b)(2)) is amended by striking ``618(a)(1)(A)'' and inserting
``618(a)(1)''.
(e) Goals 2000: Educate America Act.--Section 3(a)(9) of the Goals
2000: Educate America Act (20 U.S.C. 5802(a)(9)) is amended by striking
``602(a)(17)'' and inserting ``602''.
(f) School-to-Work Opportunities Act of 1994.--Section 4(15) of the
School-to-Work Opportunities Act of 1994 (20 U.S.C. 6103(15)) is
amended--
(1) by striking ``602(a)(17)'' and inserting ``602''; and
(2) by striking ``1401(17)'' and inserting ``1401''.
(g) Elementary and Secondary Education Act of 1965.--The Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is
amended--
(1) in section 1111(b)(2)(I)(ii) (20 U.S.C. 6311(b)(2)(I)(ii)),
by striking ``612(a)(17)(A)'' and inserting ``612(a)(16)(A)'';
(2) in section 5208 (20 U.S.C. 7221g), by striking ``602(11)''
and inserting ``602''; and
(3) in section 5563(b)(8)(C) (20 U.S.C. 7273b(b)(8)(C)), by
striking ``682'' and inserting ``671''.
(h) Rehabilitation Act of 1973.--The Rehabilitation Act of 1973 (29
U.S.C. 701 et seq.) is amended--
(1) in section 101(a)(11)(D)(ii) (29 U.S.C. 721(a)(11)(D)(ii)),
by striking ``(as added by section 101 of Public Law 105-17)'';
(2) in section 105(b)(1)(A)(ii) (29 U.S.C. 725(b)(1)(A)(ii)),
by striking ``682(a) of the Individuals with Disabilities Education
Act (as added by section 101 of the Individuals with Disabilities
Education Act Amendments of 1997; Public Law 105-17)'' and
inserting ``671 of the Individuals with Disabilities Education
Act'';
(3) in section 105(c)(6) (29 U.S.C. 725(c)(6))--
(A) by striking ``612(a)(21)'' and inserting
``612(a)(20)'';
(B) by striking ``Individual with'' and inserting
``Individuals with''; and
(C) by striking ``(as amended by section 101 of the
Individuals with Disabilities Education Act Amendments of 1997;
Public Law 105-17)'';
(4) in section 302(f)(1)(D)(ii) (29 U.S.C. 772 (f)(1)(D)(ii)),
by striking ``(as amended by section 101 of the Individuals with
Disabilities Education Act Amendments of 1997 (Public Law 105-
17))'';
(5) in section 303(c)(6) (29 U.S.C. 773(c)(6))--
(A) by striking ``682(a)'' and inserting ``671''; and
(B) by striking ``(as added by section 101 of the
Individuals with Disabilities Education Act Amendments of 1997;
Public Law 105-17)''; and
(6) in section 303(c)(4)(A)(ii) (29 U.S.C. 773(c)(4)(A)(ii)),
by striking ``682(a) of the Individuals with Disabilities Education
Act (as added by section 101 of the Individuals with Disabilities
Education Act Amendments of 1997; Public Law 105-17)'' and
inserting ``671 of the Individuals with Disabilities Education
Act''.
(i) Public Health Service Act.--The Public Health Service Act (42
U.S.C. 201 et seq.) is amended--
(1) in section 399A(f) (42 U.S.C. 280d(f), by striking ``part
H'' and inserting ``part C'';
(2) in section 399(n)(3) (42 U.S.C. 280c-6(n)(3)), by striking
``part H'' and inserting ``part C'';
(3) in section 399A(b)(8) (42 U.S.C. 280d(b)(8)), by striking
``part H'' and inserting ``part C'';
(4) in section 562(d)(3)(B) (42 U.S.C. 290ff-1(d)(3)(B)), by
striking ``and H'' and inserting ``and C''; and
(5) in section 563(d)(2) (42 U.S.C. 290ff-2(d)(2)), by striking
``602(a)(19)'' and inserting ``602''.
(j) Social Security Act.--The Social Security Act (42 U.S.C. 301 et
seq.) is amended--
(1) in section 1903(c) (42 U.S.C. 1396b(c)), by striking ``part
H'' and inserting ``part C''; and
(2) in section 1915(c)(5)(C)(i) (42 U.S.C. 1396n(c)(5)(C)(i)),
by striking ``(as defined in section 602(16) and (17) of the
Education of the Handicapped Act (20 U.S.C. 1401(16), (17))'' and
inserting ``(as such terms are defined in section 602 of the
Individuals with Disabilities Education Act (20 U.S.C. 1401))''.
(k) Domestic Volunteer Service Act of 1973.--Section 211(a) of the
Domestic Volunteer Service Act of 1973 (42 U.S.C. 5011(a)) is amended--
(1) by striking ``part H'' and inserting ``part C''; and
(2) by striking ``1471'' and inserting ``1431''.
(l) Head Start Act.--The Head Start Act (42 U.S.C. 9831 et seq.) is
amended--
(1) in section 640(a)(5)(C)(iv) (42 U.S.C. 9835(a)(5)(C)(iv)),
by striking ``1445'' and inserting ``1444'';
(2) in section 640(d) (42 U.S.C. 9835(d))--
(A) by striking ``U.S.C'' and inserting ``U.S.C.''; and
(B) by striking ``1445'' and inserting ``1444'';
(3) in section 641(d)(3) (42 U.S.C. 9836(d)(3)), by striking
``U.S.C 1431-1445'' and inserting ``U.S.C. 1431-1444''; and
(4) in section 642(c) (42 U.S.C. 9837(c)), by striking ``1445''
and inserting ``1444''.
(m) National and Community Service Act of 1990.--Section 101(21)(B)
of the National and Community Service Act of 1990 (42 U.S.C.
12511(21)(B)) is amended--
(1) by striking ``602(a)(1)'' and inserting ``602''; and
(2) by striking ``1401(a)(1)'' and inserting ``1401''.
(n) Developmental Disabilities Assistance and Bill of Rights Act of
2000.--The Developmental Disabilities Assistance and Bill of Rights Act
of 2000 (42 U.S.C. 15001 et seq.) is amended--
(1) in section 125(c)(5)(G)(i) (42 U.S.C. 15025(c)(5)(G)(i)),
by striking ``subtitle C'' and inserting ``part C''; and
(2) in section 154(a)(3)(E)(ii)(VI) (42 U.S.C.
15064(a)(3)(E)(ii)(VI))--
(A) by striking ``682 or 683'' and inserting ``671 or
672''; and
(B) by striking ``(20 U.S.C. 1482, 1483)''.
(o) District of Columbia School Reform Act of 1995.--The District
of Columbia School Reform Act of 1995 (Public Law 104-134) is amended--
(1) in section 2002(32)--
(A) by striking ``602(a)(1)'' and inserting ``602''; and
(B) by striking ``1401(a)(1)'' and inserting ``1401'';
(2) in section 2202(19), by striking ``Individuals With'' and
inserting ``Individuals with''; and
(3) in section 2210--
(A) in the heading for subsection (c), by striking ``With
Disabilities'' and inserting ``with Disabilities''; and
(B) in subsection (c), by striking ``Individuals With'' and
inserting ``Individuals with''.

6dbb292ef99d153d58f2e1f77d5dc22433c75bd0e470032818d8e9af998609f2

Section 121 of title 17, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) the following:
``(c) Notwithstanding the provisions of section 106, it is not an
infringement of copyright for a publisher of print instructional
materials for use in elementary or secondary schools to create and
distribute to the National Instructional Materials Access Center copies
of the electronic files described in sections 612(a)(23)(C), 613(a)(6),
and section 674(e) of the Individuals with Disabilities Education Act
that contain the contents of print instructional materials using the
National Instructional Material Accessibility Standard (as defined in
section 674(e)(3) of that Act), if--
``(1) the inclusion of the contents of such print instructional
materials is required by any State educational agency or local
educational agency;
``(2) the publisher had the right to publish such print
instructional materials in print formats; and
``(3) such copies are used solely for reproduction or
distribution of the contents of such print instructional materials
in specialized formats.''; and
(3) in subsection (d), as redesignated by this section--
(A) in paragraph (2), by striking ``and'' after the
semicolon; and
(B) by striking paragraph (3) and inserting the following:
``(3) `print instructional materials' has the meaning given
under section 674(e)(3)(C) of the Individuals with Disabilities
Education Act; and
``(4) `specialized formats' means--
``(A) braille, audio, or digital text which is exclusively
for use by blind or other persons with disabilities; and
``(B) with respect to print instructional materials,
includes large print formats when such materials are
distributed exclusively for use by blind or other persons with
disabilities.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

80d778ef33459348157f04bd8c32107dc4867e3e4eda82f954b65a37cf420b34

Individuals with Disabilities Education Improvement Act of 2004 — HR. 1350

Other Sections

TITLE I

TITLE II

TITLE III

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