102d CONGRESS
1st Session
S. 1106
AMENDMENT
S 1106 EAH
In the House of Representatives, U. S.,
September 11, 1991.
Resolved, That the bill from the Senate (S. 1106) entitled `An Act to amend
the Individuals with Disabilities Education Act to strengthen such Act,
and for other purposes', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:

6a014ab4a20e23d93fbe13abf1af1a054e40f474eeec557342c06b8fbdcefdda

This Act may be cited as the `Individuals with Disabilities Education Act
Amendments of 1991'.

46d09814aed984c5873f23e557929ecd913ba7b8ffd9e30c5b2daff47ba1e763

Any reference made in this Act to an amendment or repeal of a provision
shall be considered to be an amendment or repeal, respectively, of that
provision of the Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.), unless another public law is specified as being the subject of
the amendment or repeal.

e4090ca96a3b1bf5eddb2f0bd074739ca9f1be5bd72af4ec40143ca57e750656

Section 602(a)(1) (20 U.S.C. 1401(a)(1)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii),
respectively;
(2) by inserting `(A)' after `(1)'; and
(3) by adding at the end thereof the following new subparagraph:
`(B) The term `children with disabilities' for children aged 3 to 5,
inclusive, may, at a State's discretion, include children--
`(i) experiencing developmental delays, as defined by the State and as
measured by appropriate diagnostic instruments and procedures, in one or
more of the following areas: physical development, cognitive development,
communication development, social or emotional development, or adaptive
development; and
`(ii) who, by reason thereof, need special education and related services.'.

b4cefae22973b350f58d1b85291e6b03a0cca418259cdaa853ce368f97f32007

(a) AMENDMENTS TO SUBSECTION (c)- Section 611(c)(2)(A)(i)(II) (20
U.S.C. 1411(c)(2)(A)(i)(II)) is amended by striking `$350,000' and inserting
`$450,000'.
(b) AMENDMENTS TO SUBSECTION (f)-
Section 611(f) (20 U.S.C. 1411(f)) is amended to read as follows:
`(f)(1) The Secretary shall make payments to the Secretary of the Interior to
meet the need for assistance for the education of children with disabilities
on reservations aged 5-21, inclusive, enrolled in elementary and secondary
schools for Indian children operated or funded by the Secretary of the
Interior. In the case of Indian students ages 3-5, inclusive, who are
enrolled in programs affiliated with Bureau of Indian Affairs (hereafter
in this subsection referred to as `BIA') schools and that are required
by the States in which such schools are located to attain or maintain
State accreditation, and which schools have such accreditation prior to
the date of enactment of the Individuals with Disabilities Education Act
Amendments of 1991, the school shall be allowed to count those children
for the purpose of distribution of the funds provided under this paragraph
to the Secretary of the Interior. The Secretary of the Interior shall be
responsible for meeting all of the requirements of this part for these
children, in accordance with paragraph (3). The amount of such payment for
any fiscal year shall be 1 percent of the aggregate amounts available for
all States under this section for that fiscal year.
`(2) With respect to all other children aged 3-21, inclusive,
on reservations, the State educational agency shall be responsible for
ensuring that all of the requirements of this part are implemented.
`(3) The Secretary of the Interior may receive an allotment under paragraph
(1) only after submitting to the Secretary of Education an application that--
`(A) meets the appropriate requirements, as determined by the Secretary of
Education, of sections 612 (including monitoring and evaluation activities),
613, and 614(a);
`(B) includes a description of how the Secretary of the Interior will
coordinate the provision of services under this part with local educational
agencies, tribes and tribal organizations, and other private and Federal
service providers;
`(C) includes an assurance that there are public hearings, adequate notice of
such hearings, and an opportunity for comment afforded to members of tribes,
tribal governing bodies, and affected local school boards before the adoption
of the policies, programs, and procedures required under subparagraph (A);
`(D) includes an assurance that the Secretary of the Interior will provide
such information as the Secretary of Education may require to comply with
section 618(b)(1), including data on the number of children and youth
with disabilities served and the types and amounts of services provided
and needed and this information shall be included in the annual report of
the Secretary of Education to Congress required in section 618(g);
`(E) includes an assurance that, by October 1, 1992, the Secretaries of
the Interior and Health and Human Services will enter into a memorandum of
agreement, to be provided to the Secretary of Education, for the coordination
of services, resources, and personnel between their respective Federal,
State, and local offices and with State and local educational agencies and
other entities to facilitate the provision of services to Indian children
with disabilities residing on or near reservations. Such agreement shall
provide for the apportionment of responsibilities and costs including,
but not limited to, child find, evaluation, diagnosis, remediation or
therapeutic measures, and (where appropriate) equipment and medical/personal
supplies as needed for a child to remain in school or a program; and
`(F) includes an assurance that the Department of the Interior will
cooperate with the Department of Education in its exercise of monitoring
and oversight of this application, and any agreements entered into between
the Secretary of the Interior and other entities under this Act, and will
fulfill its duties under this Act.
Section 616(a) shall apply to any such application.
`(4)(A) Beginning with funds appropriated under section 611(a) for fiscal
year 1992, the Secretary shall, subject to this paragraph, make payments
to the Secretary of the Interior to be distributed to tribes or tribal
organizations (as defined under section 4 of the Indian Self-Determination
and Education Assistance Act) or consortiums of the above to provide for
the coordination of assistance for special education and related services
for children with disabilities aged 3-5, inclusive, on reservations served
by elementary and secondary schools for Indian children operated or funded
by the Department of the Interior. The amount of such payments under
subparagraph (B) for any fiscal year shall be .25 percent of the aggregate
amounts available for all States under this section for that fiscal year.
`(B) The Secretary of the Interior shall distribute the total amount of
the .25 percent under subparagraph (A) in the following manner:
`(i) For the first fiscal year, each tribe or tribal organization shall
receive an amount proportionate to the amount of weighted student units
for special education programs for BIA operated or funded schools serving
such reservation generated under the formula established under section
1128 of the Education Amendments of 1978, divided by the total number of
such students in all BIA operated or funded schools.
`(ii) For each fiscal year thereafter, each tribe or tribal organization
shall receive an amount based on the number of children with disabilities,
ages 3-5, inclusive, residing on reservations as reported annually divided
by the total of such children served by all tribes or tribal organizations.
`(C) To receive a payment under this paragraph, the tribe or tribal
organization shall submit such figures to the Secretary of the Interior
as required to determine the amounts to be allocated under subparagraph
(B). This information shall be compiled and submitted to the Secretary
of Education.
`(D) The funds received by a tribe or tribal organization shall be used
to assist in child find, screening, and other procedures for the early
identification of children aged 3-5, inclusive, parent training, and the
provision of direct services. These activities may be carried out directly or
through contracts or cooperative agreements with the BIA, local educational
agencies, and other public or private nonprofit organizations. The tribe
or tribal organization is encouraged to involve Indian parents in the
development and implementation of these activities. The above entities
shall, as appropriate, make referrals to local, State, or Federal entities
for the provision of services or further diagnosis.
`(E) To be eligible to receive a grant pursuant to subparagraph (A), the
tribe or tribal organization shall make a biennial report to the Secretary
of the Interior of activities undertaken under this paragraph, including the
number of contracts and cooperative agreements entered into, the number of
children contacted and receiving services for each year and the estimated
number of children needing services during the 2 years following the one
in which the report is made. The Secretary of the Interior shall include
a summary of this information on a biennial basis in the report to the
Secretary of Education required under this subsection. The Secretary of
Education may require any additional information from the Secretary of
the Interior.
`(F) The Secretary of the Interior shall offer and, on request, provide
technical assistance (especially in the areas of child find, diagnosis,
and referral) to State and local educational agencies (where appropriate,
intermediate educational units), and tribes and tribal organizations. Such
assistance may be provided through its divisions and offices at the national
and local level.
`(G) None of the funds allocated under this paragraph can be used by the
Secretary of the Interior for administrative purposes, including child
count, and the provision of technical assistance.
`(5) Before January 1, 1992, the Secretary of the Interior shall submit to
the Committee on Education and Labor of the House of Representatives and
the Committee on Labor and Human Resources of the Senate a plan for the
coordination of services for all Indian children with disabilities residing
on reservations covered under this Act. Such plan shall provide for the
coordination of services benefiting these children from whatever source,
including tribes, the Indian Health Service, other BIA divisions, and other
Federal agencies. In developing such a plan, the Secretary of the Interior
shall consult with all interested and involved parties. It shall be based
upon the needs of the children and the system best suited for meeting those
needs, and may involve the establishment of cooperative agreements between
the BIA, other Federal agencies, and other entities. Such plan shall also be
distributed upon request to States, State and local educational agencies,
and other agencies providing services to infants, toddlers, children,
and youth with disabilities, to tribes, and to other interested parties.
`(6) To meet the requirements of sections 613(a)(12) of this Act,
the Secretary of the Interior shall establish, within 6 months of the
date of the enactment of the Individuals with Disabilities Education Act
Amendments of 1991, under the Bureau of Indian Affairs (BIA), an advisory
board composed of individuals involved in or concerned with the education
and provision of services to Indian infants, toddlers, children, and youth
with disabilities, including Indians with disabilities, Indian parents or
guardians of such children, teachers, service providers, State and local
educational officials, representatives of tribes or tribal organizations,
representatives from State Interagency Coordinating Councils in States
having reservations, and other members representing the various divisions
and entities of the BIA. The chairperson shall be selected by the Secretary
of the Interior. The advisory board shall--
`(A) assist in the coordination of services within BIA and with other local,
State, and Federal agencies in the provision of education for infants,
toddlers, children, and youth with disabilities;
`(B) advise and assist the Secretary of the Interior in the performance
of the Secretary's responsibilities described in this subsection;
`(C) develop and recommend policies concerning effective inter- and
intra-agency collaboration, including modifications to regulations, and the
elimination of barriers to inter- and intra-agency programs and activities;
`(D) provide assistance and disseminate information on best practices,
effective program coordination strategies, and recommendations for improved
educational programming for Indian infants, toddlers, children, and youth
with disabilities; and
`(E) provide assistance in the preparation of information required under
paragraph (3)(D).'.

49a07cc707778bf67ad538588b4db70115b1e353d83b39f3f30c9af90ce01150

Section 613(a) (20 U.S.C. 1413(a)) is amended--
(1) in paragraph (3), in the matter preceding subparagraph (A), by striking
`this Act,' and inserting the following: `this Act and with the comprehensive
system of personnel development described in section 676(b)(8),'; and
(2)(A) in paragraph (13)(B), by striking `and' at the end;
(B) in paragraph (14), by striking the period at the end and inserting a
semicolon and `and'; and
(C) by adding at the end the following new paragraph:
`(15) set forth policies and procedures relating to the smooth transition
for those individuals participating in the early intervention program
assisted under part H who will participate in preschool programs assisted
under this part, including a method of ensuring that when a child turns
age three an individualized education program, or, if consistent with
sections 614(a)(5) and 677(d), an individualized family service plan,
has been developed and is being implemented by such child's third birthday.'

e568e9a5f98022a183f9d1bb795cacf9e2751899e9b0fabdda4151a5ac19890c

Section 614(a)(5) (20 U.S.C. 1414(a)(5)) is amended by inserting after
`disability' the following: `(or, if consistent with State policy and at the
discretion of the local educational agency or intermediate educational unit,
and with the concurrence of the parents or guardian, an individualized
family service plan described in section 677(d) for each child with a
disability aged 3 to 5, inclusive)'.

ecd3c73722fa3ec4a0e20e19dc06f2e58c34d20a8c61b1b0d89589b5d204a18b

Section 619 (20 U.S.C. 1419) is amended--
(1) in the heading for the section, by striking `PRE-SCHOOL' and inserting
`PRESCHOOL';
(2) in subsection (b)--
(A) in paragraph (1)(B), by inserting before the period the following:
`, and for any two-year-old children provided services by the State under
subsection (c)(2)(B)(iii) or by a local educational agency or intermediate
educational unit under subsection (f)(2)'; and
(B) in paragraph (3), by striking `$1,000' and inserting `$1,500';
(3) in subsection (c)(2), by amending subparagraph (B) to read as follows:
`(B) use not more than 20 percent of such grant--
`(i) for planning and development of a comprehensive delivery system,
`(ii) for direct and support services for children with disabilities,
aged 3 to 5, inclusive, and
`(iii) at the State's discretion, to provide a free appropriate public
education, in accordance with this Act, to 2-year-old children with
disabilities who will reach age 3 during the school year, whether or not
such children are receiving, or have received, services under part H, and';
(4) in subsection (f), by amending the subsection to read as follows:
`(f) Each local educational agency or intermediate educational unit
receiving funds under this section--
`(1) shall use such funds to provide special education and related services
to children with disabilities aged 3 to 5, inclusive, and
`(2) may, if consistent with State policy, use such funds to provide a free
appropriate public education, in accordance with this part, to 2-year-old
children with disabilities who will reach age 3 during the school year,
whether or not such children are receiving, or have received, services
under part H.'; and
(5) by adding at the end thereof the following new subsection:
`(g) Part H of this Act does not apply to any child with disabilities
receiving a free appropriate public education, in accordance with this part,
with funds received under this section.'.

747b957b1207dd53413c26ee10de5d7438fcb404fc6e00a62b1f215e878aafcf

(a) AMENDMENTS TO SUBSECTION (a)(1)- Section 623(a)(1) (20 U.S.C. 1423(a)(1))
is amended--
(1) in the matter preceding subparagraph (A), by inserting after `children
with disabilities' the following: `, including individuals who are at risk
of having substantial developmental delays if early intervention services
are not provided,'; and
(2)(A) by moving each of subparagraphs (F) through (I) 2 ems to the left;
(B) by striking `and' at the end of subparagraph (H);
(C) by redesignating subparagraph (I) as subparagraph (K); and
(D) by inserting after subparagraph (H) the following new subparagraphs:
`(I) facilitate and improve outreach to low-income, minority, rural, and
other underserved populations eligible for assistance under parts B and H,
`(J) support statewide projects in conjunction with a State's application
under part H and a State's plan under part B, to change the delivery of
early intervention services to infants and toddlers with disabilities, and
to change the delivery of special education and related services to preschool
children with disabilities, from segregated to integrated environments, and'.
(b) New Subsection-
(1) IN GENERAL- Section 623 (20 U.S.C. 1423) is amended--
(A) by redesignating subsections (b) through (g) as subsections (c) through
(h), respectively; and
(B) by inserting after subsection (a) the following new subsection:
`(b) The Secretary shall fund up to 5 grants to States for 3 years for
the purpose of establishing an inter-agency, multi-disciplinary, and
coordinated statewide system for the identification, tracking, and referral
to appropriate services for all categories of children who are biologically
and/or environmentally at-risk of having developmental delays. To the
extent feasible, such grants shall be geographically dispersed throughout
the Nation in urban and rural areas. Each grantee must--
`(1) create a data system within the first year to document the numbers
and types of at-risk children in the State and that develops linkages with
all appropriate existing child data and tracking systems that assist in
providing information;
`(2) coordinate activities with the child find component required under
parts B and H of this Act;
`(3) demonstrate the involvement of the lead agency and the State interagency
coordinating council under part H as well as the State educational agency
under part B;
`(4) coordinate with other relevant prevention activities across appropriate
service agencies, organizations, councils, and commissions;
`(5) define an appropriate service delivery system based on children with
various types of at-risk factors;
`(6) document the need for additional services as well as barriers; and
`(7) disseminate findings and information in the manner prescribed in
section 610(g).'.
(2) CONFORMING AMENDMENT- Section 623(f), as redesignated by paragraph
(1) of this section, is amended by striking `(b) and (c)' and inserting
`(c) and (d)'.

5a331d189866d01cc49968d2d2129ee35cc194af6618a83f0833145a78b77b3e

(a) NEW SUBSECTION- Section 631 (20 U.S.C. 1431) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new subsection:
`(c)(1) The Secretary shall fund up to 5 grants to States or entities to
support the formation of consortia or partnerships of public and private
entities for the purpose of providing opportunities for career advancement
and/or competency-based training, including but not limited to, certificate
or degree granting programs in special education, related services, and
early intervention for current workers at public and private agencies
that provide services to infants, toddlers, children, and youth with
disabilities. Recipients shall meet the requirements of section 610(g)
for the dissemination of information. The purposes for which such a grant
may be expended include, but are not limited to, the following:
`(A) Establishing a program with colleges and universities to develop
creative new programs and coursework options and/or to expand existing
programs in the field of special education, related services, or early
intervention. Funds may be used to provide release time for faculty and
staff for curriculum development, instructional costs, and modest start-up
and other program development costs.
`(B) Establishing a career development mentoring program using faculty
and professional staff members of participating agencies as role models,
career sponsors, and academic advisors for experienced State, city, county,
and voluntary sector workers who have demonstrated a commitment to working
in the above fields and who are enrolled in higher education institution
programs relating to these fields.
`(C) Supporting a wide range of programmatic and research activities aimed
at increasing opportunities for career advancement and competency-based
training in the above fields.
`(D) Identifying existing public and private agency and labor union personnel
policies and benefit programs that may facilitate the ability of workers
to take advantage of higher education opportunities such as leave time,
tuition reimbursement, etc.
`(2) To the extent feasible, projects authorized under paragraph (1) shall
be geographically dispersed throughout the Nation in urban and rural areas.
`(3) The Secretary shall award, for the purpose of providing technical
assistance to States or entities receiving grants under paragraph (1),
a cooperative agreement through a separate competition to an entity that
has successfully demonstrated the capacity and expertise in the education,
training, and retention of workers to serve children and youth with
disabilities through the use of consortia or partnerships established for
the purpose of retaining the existing workforce and providing opportunities
for career enhancement.
`(4) The Secretary may conduct an evaluation of projects funded under
this subsection.
`(5) During the period in which an entity is receiving financial assistance
under paragraph (1) or (3), the entity may not receive financial assistance
under the other paragraph.'.
(b) AMENDMENTS TO FORMER SUBSECTION (c)-
(1) PRIORITY TO PARENTS OF INFANTS, TODDLERS, AND YOUNG CHILDREN IN
EXPENDITURE OF CERTAIN FUNDS- Section 631(d), as redesignated by subsection
(a) of this section, is amended--
(A) by redesignating paragraph (10) as paragraph (11); and
(B) by inserting after paragraph (9) the following new paragraph:
`(10)(A) In the case of a grant under paragraph (1) to a private nonprofit
organization for fiscal year 1993 or 1994, the organization, in expending
the amounts described in subparagraph (B), shall give priority to providing
services under this subsection to parents of children with disabilities
aged 0-5.
`(B) With respect to a grant under paragraph (1) to a private nonprofit
organization for fiscal year 1993 or 1994, the amounts described in this
subparagraph are any amounts provided in the grant in excess of the amount
of any grant under such paragraph provided to the organization for fiscal
year 1992.'.
(2) APPLICABILITY OF CERTAIN PROVISIONS REGARDING SERVICE TO MINORITY
PARENTS; MANNER OF COMPLIANCE WITH PROVISIONS- Section 631(d), as
redesignated by subsection (a) of this section, is amended in paragraph
(4)(C)--
(A) by inserting after `disabilities' the following: `(including parents
served pursuant to paragraph (10))'; and
(B) by inserting before the comma the following: `by requiring that
applicants for the grants identify with specificity the special efforts
that will be undertaken to involve such parents, including efforts to work
with community-based and cultural organizations and the specification of
supplementary aids, services, and supports that will be made available,
and by specifying budgetary items earmarked to accomplish this subparagraph'.
(3) REPORTS- Section 631, as amended by subsections (a)(1) and (b)(1)(A)
of this subsection, is amended in subsection (d)(11)--
(A) in subparagraph (E), by striking `and' at the end;
(B) in subparagraph (F), by striking the period at the end and inserting
`, and'; and
(C) by inserting after subparagraph (F) the following new subparagraph:
`(G) the number of parents served under this subsection who are parents
of children with disabilities aged 0-5.'.
(c) CONFORMING AMENDMENTS- Part D of the Individuals with Disabilities
Education Act (20 U.S.C. 1431 et seq.) is amended--
(1) in section 634(a)(3), by striking `631(c)(9)' and inserting `631(d)(11)';
and
(2) in section 635(a)--
(A) in paragraph (1), by striking `631(c)' and inserting `631(d)'; and
(B) in paragraph (3), by striking `631(c)' and inserting `631(d)'.

2eccd4890b62e999702eecb20303f4bf4c2cd264d2fe7ce40f95abb530bdd126

Section 635(a)(3) (20 U.S.C. 1435(a)(3)) is amended--
(1) by striking `$12,100,000' and inserting `$15,100,000';
(2) by striking `$13,300,000' and inserting `$16,300,000'; and
(3) by striking `$14,600,000' and inserting `$17,600,000'.

1cca756bd6ed66ab249ed63b3d36f0c05030a8364c2f117af11ebd50488bc45f

Section 671(a) (20 U.S.C. 1471(a)) is amended--
(1) in paragraph (3), by striking `and' at the end;
(2) in paragraph (4), by striking the period at the end and inserting `,
and'; and
(3) by adding at the end the following new paragraph:
`(5) to enhance the capacity of State and local agencies and service
providers to identify, evaluate, and meet the needs of historically
underrepresented populations, particularly minority, low-income, inner-city,
and rural populations.'.

d0e5463014ed7e845fab5eee108c38b521d354ca1d8cfab45d021880c799f55a

(a) INFANTS AND TODDLERS WITH DISABILITIES- Section 672(1)(A) (20
U.S.C. 1472(1)(A)) is amended by striking `language and speech development,
psychosocial development, or self-help skills,' and inserting the following:
`language and speech development (hereafter in this part referred to as
`communication development'), psychosocial development (hereafter in this
part referred to as `social or emotional development'), or self-help skills
(hereafter in this part referred to as `adaptive development'),'.
(b) EARLY INTERVENTION SERVICES- Section 672(2) (20 U.S.C. 1472(2))
is amended--
(1) in subparagraph (C)--
(A) in clause (iii), by striking `language and speech' and inserting
`communication';
(B) in clause (iv), by striking `psychosocial' and inserting `social or
emotional'; and
(C) in clause (v), by striking `self-help skills' and inserting `adaptive
development';
(2) in subparagraph (E)--
(A) in clause (vii), by striking `case management services,' and inserting
`case management services (hereafter in this part referred to as `service
coordination services'),'; and
(B)(i) by striking `and' at the end of clause (x); and
(ii) by inserting after clause (xi) the following new clauses:
`(xii) vision services,
`(xiii) assistive technology devices and assistive technology services, and
`(xiv) transportation and related costs that are necessary to enable an
infant or toddler and the infant's or toddler's family to receive early
intervention services,';
(3) in subparagraph (F)--
(A) by striking `and' at the end of clause (vii);
(B) by striking `and' at the end of clause (viii); and
(C) by inserting after clause (viii) the following new clauses:
`(ix) family therapists,
`(x) orientation and mobility specialists, and
`(xi) pediatricians and other physicians,'; and
(4)(A) by redesignating subparagraph (G) as subparagraph (H); and
(B) by inserting after subparagraph (F) the following new subparagraph:
`(G) to the maximum extent appropriate, are provided in natural environments,
including the home, and community settings in which children without
disabilities participate, and'.

4efa273d92eb2df408fef44d42ce44bfb19a21e558aaf67a5269a1405de69699

Section 676(b) (20 U.S.C. 1476(b)) is amended--
(1) in paragraph (4), by striking `case management' and inserting `service
coordination';
(2) in paragraph (8), by amending the paragraph to read as follows:
`(8) a comprehensive system of personnel development, including the training
of paraprofessionals and the training of primary referral sources respecting
the basic components of early intervention services available in the State,
that is consistent with the comprehensive system of personnel development
described in section 613(a)(3) and that may include--
`(A) implementing innovative strategies and activities for the recruitment
and retention of early intervention service providers,
`(B) promoting the preparation of early intervention providers who are
fully and appropriately qualified to provide early intervention services
under this part,
`(C) training personnel to work in rural areas, and
`(D) training personnel to coordinate transition services for infants and
toddlers with disabilities from an early intervention program under this
part to a preschool program under section 619 of part B.'; and
(3) in paragraph (9)--
(A) by amending subparagraph (A) to read as follows:
`(A) the general administration and supervision of programs and activities
receiving assistance under section 673, and the monitoring of programs
and activities used by the State to carry out this part, whether or not
such programs or activities are receiving assistance made available under
section 673, to ensure that the State complies with this part,'; and
(B) in subparagraph (C)--
(i) by inserting `in accordance with section 678(a)(2)' after
`responsibility'; and
(ii) by striking `agency' and inserting `agencies'.

3a34af533ba9107a77a8cb5706c9ffeb0b51e33a745dda2f747258ad46b36bac

Section 677 (20 U.S.C. 1477) is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (2) as paragraph (3);
(B) by striking paragraph (1); and
(C) by inserting before paragraph (3) (as so redesignated) the following
new paragraphs:
`(1) a multidisciplinary assessment of the unique strengths and needs of
the infant or toddler and the identification of services appropriate to
meet such needs,
`(2) a family-directed assessment of the resources, priorities, and concerns
of the family and the identification of the supports and services necessary
to enhance the family's capacity to meet the developmental needs of their
infant or toddler with a disability, and';
(2) in subsection (d)--
(A) in paragraph (1), by striking `language and speech development,
psychosocial development, and self-help skills,' and inserting `communication
development, social or emotional development, and adaptive development,';
(B) in paragraph (2), by striking `strengths and needs' and inserting
`resources, priorities, and concerns';
(C)(i) by redesignating paragraphs (5) through (7) as paragraphs (6)
through (8), respectively; and
(ii) by inserting after paragraph (4) the following new paragraph:
`(5) a statement of the natural environments in which early intervention
services shall appropriately be provided,'; and
(D) in paragraph (7) (as redesignated by subparagraph (C)(i) of this
paragraph)--
(i) by inserting  after `manager' the following: `(hereafter in this part
referred to as the `service coordinator')'; and
(ii) by inserting after `needs' the following: `(or who is otherwise
qualified to carry out all applicable responsibilities under this part)'; and
(3) by adding at the end thereof the following new subsection:
`(e) PARENTAL CONSENT- The contents of the individualized family service
plan shall be fully explained to the parents or guardian and informed
written consent from such parents or guardian shall be obtained prior to
the provision of early intervention services described in such plan. If
such parents or guardian do not provide such consent with respect to a
particular early intervention service, then the early intervention services
to which such consent is obtained shall be provided.'.

555baacbf8b39612b27d43e57971e4d16a3410fad0c571f0eda4daf7d6dcedb8

Section 678 (20 U.S.C. 1478) is amended--
(1) in subsection (a)--
(A)(i) by redesignating paragraph (7) as paragraph (9);
(ii) by redesignating paragraphs (2) through (6) as paragraphs (3) through
(7), respectively; and
(iii) by inserting after paragraph (1) the following new paragraph:
`(2) a designation by the State of an individual or entity responsible
for assigning financial responsibility among appropriate agencies,'; and
(B)(i) by striking `and' at the end of paragraph (7) (as redesignated by
subparagraph (A)(ii) of this paragraph); and
(ii) by inserting after paragraph (7) (as so redesignated) the following
new paragraph:
`(8) a description of the policies and procedures used to ensure a smooth
transition for individuals participating in the early intervention program
under this part who are eligible for participation in preschool programs
under part B, including a description of how the families will be included in
the transitional plans and how the lead agency under this part will notify
the appropriate local educational agency or intermediate educational unit
in which the child resides and convene, with the approval of the family,
a conference between the lead agency, the family, and such agency or unit
at least 90 days before such child is eligible for the preschool program
under part B in accordance with State law, and to review the child's
program options, for the period commencing on the day a child turns 3
running through the remainder of the school year, and to establish a
transition plan, and'; and
(2) in subsection (b)--
(A) by striking `and' at the end of paragraph (6);
(B) by redesignating paragraph (7) as paragraph (8); and
(C) by inserting after paragraph (6) the following new paragraph:
`(7) beginning in fiscal year 1992, provide satisfactory assurance that
policies and practices have been adopted to ensure meaningful involvement
of traditionally underserved groups, including minority, low-income, and
rural families, in the planning and implementation of all the requirements
of this part and to ensure that such families have access to culturally
competent services within their local areas, and'.

0162c631df5511e732f4a9575a88040f66c9ca67a50082e679acf63c7c0d06e7

Section 679 (20 U.S.C. 1479) is amended--
(1) in paragraph (1), by striking `and' at the end;
(2) in paragraph (2), by striking the period at the end and inserting `,
and'; and
(3) by adding at the end thereof the following new paragraph:
`(3) to provide a free appropriate public education, in accordance with
part B, to children with disabilities from their third birthday to the
beginning of the following school year.'.

8c936bad3ff2af35a7b2bd0d07ef930f395af6b036ff02716248fbb4cec35a4d

Section 680 (20 U.S.C. 1480) is amended--
(1) in paragraph (2), by inserting before the period the following:
`, including the right of parents or guardians to written notice of
and written consent to the exchange of such information among agencies
consistent with  Federal and State law';
(2) by redesignating paragraphs (3) through (7) as paragraphs (4) through
(8), respectively;
(3) by inserting after paragraph (2) the following new paragraph:
`(3) The right of the parents or guardian to determine whether they,
their infant or toddler, or other family members will accept or decline
any early intervention service under this part in accordance with State law
without jeopardizing other early intervention services under this part.'; and
(4) in paragraph (7) (as so redesignated), by striking `(5)' and inserting
`(6)'.

72d4ce0b4b09849a7ed960d98a3553e0e7c97a45ef627d1b1ad8bcf1123c919a

Section 682 (20 U.S.C. 1482) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking `15 members' and inserting `at least 15
members but not more than 25 members, unless the State provides sufficient
justification for a greater number of members in the application submitted
pursuant to section 678';
(B) in paragraph (2), in the first sentence, by striking `and the chairperson
of the Council'; and
(C) by adding at the end thereof the following new paragraph:
`(3) The Governor shall designate a member of the Council to serve as the
chairperson of the Council, or shall require the Council to so designate
such a member. Any member of the Council who is a representative of the lead
agency designated under section 676(b)(9) may not serve as the chairperson
of the Council.';
(2) in subsection (b), by amending the subsection to read as follows:
`(b) COMPOSITION- (1) The Council shall be composed as follows:
`(A) At least 20 percent of the members shall be parents, including
minority parents, of infants or toddlers with disabilities or children with
disabilities aged 12 or younger, with knowledge of, or experience with,
programs for infants and toddlers with disabilities. At least one such
member shall be a parent of an infant or toddler with a disability or a
child with a disability aged 6 or younger.
`(B) At least 20 percent of the members shall be public or private providers
of early intervention services.
`(C) At least one member shall be from the State legislature.
`(D) At least one member shall be involved in personnel preparation.
`(E) At least one member shall be from each of the State agencies involved
in the provision of, or payment for, early intervention services to infants
and toddlers with disabilities and their families and shall have sufficient
authority to engage in policy planning and implementation on behalf of
such agencies.
`(F) At least one member shall be from the State educational agency
responsible for preschool services to children with disabilities and shall
have sufficient authority to engage in policy planning and implementation
on behalf of such agency.
`(G) At least one member shall be from the agency responsible for the
State governance of insurance, especially in the area of health insurance.
`(2) The Council may include other members selected by the Governor,
including a representative from the Bureau of Indian Affairs, or where
there is no BIA operated or funded school, from the Indian Health Service
or the tribe/tribal council.';
(3) in subsection (d), by striking `to hire staff, and obtain' and inserting
the following: `to conduct hearings and forums, to reimburse members of
the Council for reasonable and necessary expenses for attending Council
meetings and performing Council duties (including child care for parent
representatives), to pay compensation to a member of the Council if such
member is not employed or must forfeit wages from other employment when
performing official Council business, to hire staff, and to obtain'; and
(4) in subsection (e)--
(A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A),
(B), and (D), respectively;
(B) by inserting `(1)' before `The Council shall--';
(C)(i) by striking `and' at the end of subparagraph (B) (as so redesignated);
and
(ii) by inserting after subparagraph (B) (as so redesignated) the following
new subparagraph:
`(C) advise and assist the State educational agency regarding the transition
of toddlers with disabilities to services provided under part B, to the
extent such services are appropriate, and'; and
(D) by adding at the end thereof the following new paragraph:
`(2) The Council may advise and assist the lead agency and the State
educational agency regarding the provision of appropriate services for
children aged birth to 5, inclusive.'.

a146778ea30ab55e03b5991fdc2ed74a85be9dc45c86ecb4cf47e14f6f691705

(a) AMENDMENTS TO SUBSECTION (b)-
(1) IN GENERAL- Section 684(b) (20 U.S.C. 1484(b)) is amended to read
as follows:
`(b)(1) The Secretary shall, subject to this subsection, make payments
to the Secretary of the Interior to be distributed to tribes or tribal
organizations (as defined under section 4 of the Indian Self-Determination
and Education Assistance Act) or consortium of the above entities for the
coordination of assistance in the provision of early intervention services
by the States to infants and toddlers with disabilities and their families
on reservations served by elementary and secondary schools for Indian
children operated or funded by the Department of the Interior. The amount
of such payment for any fiscal year shall be 1.25 percent of the aggregate
of the amount available to all States under this part for that fiscal year.
`(2) The Secretary of the Interior shall distribute the total amount of
the 1.25 percent under paragraph (1) in the following manner:
`(A) For the first fiscal year, each tribe or tribal organization shall
receive an amount proportionate to the amount of weighted student units
for special education programs for BIA operated or funded schools serving
such reservation generated under the formula established under section
1128 of the Education Amendments of 1978, divided by the total number of
such students in all BIA operated or funded schools.
`(B) For each fiscal year thereafter, each tribe or tribal organization
shall receive an amount based on the number of infants and toddlers
residing on the reservation as determined annually divided by the total
of such children served by all tribes or tribal organizations.
`(3) To receive a payment under this paragraph, the tribe or tribal
organization shall submit such figures to the Secretary of the Interior
as are needed to determine the amounts to be allocated under paragraph (2).
`(4) The funds received by a tribe or tribal organization shall be used
to assist States in child find, screening, and other procedures for the
early identification of Indian children aged 0-2, inclusive, and for parent
training. Such funds may also be used to provide early intervention services
in accordance with this part. These activities may be carried out directly or
through contracts or cooperative agreements with the BIA, local educational
agencies, and other public or private nonprofit organizations. The tribe
and tribal organization is encouraged to involve Indian parents in the
development and implementation of these activities. The above entities
shall, as appropriate, make referrals to local, State, or Federal entities
for the provision of services or further diagnosis.
`(5) To be eligible to receive a grant pursuant to paragraph (2), the tribe
or tribal organization shall make a biennial report to the Secretary of
the Interior of activities undertaken under this subsection, including the
number of contracts and cooperative agreements entered into, the number of
children contacted and receiving services for each year, and the estimated
number of children needing services during the 2 years following the one
in which the report is made. The Secretary of the Interior shall include
a summary of this information on a biennial basis to the Secretary of
Education along with such other information as required under section
611(f)(3)(D) of this Act. The Secretary of Education may require any
additional information from the Secretary of the Interior.
`(6) None of the funds under this subsection can be used by the Secretary
of the Interior for administrative purposes, including child count, and
the provision of technical assistance.'.
(2) CONFORMING AMENDMENT- Section 676 (20 U.S.C. 1476) is amended--
(A) in subsection (a), by inserting after `families' the following: `,
including Indian infants and toddlers with disabilities on reservations,';
and
(B) in subsection (b)(2), by inserting after `State' the following: `,
including Indian infants and toddlers with disabilities on reservations,'.
(b) AMENDMENTS TO SUBSECTION (c)(1)- Section 684(c)(1) (20 U.S.C. 1484(c)(1))
is amended--
(1) by striking `1991' and inserting `1994'; and
(2) by inserting `, or $500,000, whichever is greater' before the period
at the end.
(c) TECHNICAL AMENDMENTS REGARDING DIFFERENTIAL FUNDING-
(1) IN GENERAL- Section 675(e)(4) (20 U.S.C. 1475(e)(4)), as added by
section 10 of Public Law 102-52 (105 Stat. 263), is amended--
(A) in subparagraph (B), by inserting `under this part' after `payment'
the first place such term appears; and
(B) in subparagraph (C), by amending the subparagraph to read as follows:
`(C) MINIMUM PAYMENT FOR FISCAL YEAR 1991 OR 1992 FOR CERTAIN STATES-
Notwithstanding any other provision of law, each State qualifying for
extended participation under this subsection for fiscal year 1991 or
fiscal year 1992 shall receive a payment under this part of not less than
$500,000. For purposes of the preceding sentence, the term `State' means
each of the 50 States, the District of Columbia, and the Commonwealth of
Puerto Rico.'.
(2) CONFORMING AMENDMENT- Section 675(e)(6) (20 U.S.C. 1475(e)(6)), as
added by section 10 of Public Law 102-52 (105 Stat. 263), is amended--
(A) in the matter preceding subparagraph (A), by inserting `, except as
provided in paragraph (4)(C),' before `means'; and
(B) in subparagraph (A), by inserting `the Commonwealth of' before
`Puerto Rico'.

ee990851a1e28a45077e16711c2b56fa4f55b065a2571075c9a0bb5ce0299ea3

Section 685 (20 U.S.C. 1485) is amended by striking `There are' and all
that follows and inserting the following: `There are authorized to be
appropriated to carry out this part $220,000,000 for fiscal year 1992, and
such sums as may be necessary for each of the fiscal years 1993 and 1994.'.

2642e90789761277d12cf050531ca8355b69501470584a8018aa9b577b90997f

Part H (20 U.S.C. 1471 et seq.), as amended by section 20, is amended--
(1) by redesignating section 685 as section 686; and
(2) by inserting after section 684 the following new section:
`FEDERAL INTERAGENCY COORDINATING COUNCIL
`SEC. 685. (a) ESTABLISHMENT AND PURPOSE-
`(1) IN GENERAL- The Secretary shall establish a Federal Interagency
Coordinating Council in order to--
`(A) minimize duplication of programs and activities relating to early
intervention services for infants and toddlers with disabilities and
their families, and preschool services for children with disabilities,
across Federal, State, and local agencies;
`(B) ensure the effective coordination of Federal early intervention and
preschool programs and policies across Federal agencies;
`(C) coordinate the provision of Federal technical assistance and support
activities to States;
`(D) identify gaps in Federal agency programs and services; and
`(E) identify barriers to Federal interagency cooperation.
`(2) APPOINTMENTS- The council established under paragraph (1) (hereafter
in this section referred to as the `Council') and the chairperson of the
Council shall be appointed by the Secretary in consultation with other
appropriate Federal agencies. In making the appointments, the Secretary
shall ensure that each member has sufficient authority to engage in policy
planning and implementation on behalf of the department, agency, or program
that such member represents.
`(b) COMPOSITION- The Council shall be composed of--
`(1) a representative of the Office of Special Education Programs;
`(2) a representative of the National Institute on Disability and
Rehabilitation Research;
`(3) a representative of the Maternal and Child Health Services Block
Grant Program;
`(4) a representative of programs assisted under the Developmental
Disabilities Assistance and Bill of Rights Act;
`(5) a representative of the Health Care Financing Administration;
`(6) a representative of the Division of Birth Defects and Developmental
Disabilities of the Centers for Disease Control;
`(7) a representative of the Social Security Administration;
`(8) a representative of the Special Supplemental Food Program for Women,
Infants and Children of the Department of Agriculture;
`(9) a representative of the National Institute of Mental Health;
`(10) a representative of the National Institute of Child Health and
Human Development;
`(11) a representative of the Bureau of Indian Affairs of the Department
of the Interior;
`(12) a representative of the Indian Health Service;
`(13) a representative of the Surgeon General;
`(14) a representative of the Department of Defense;
`(15) a representative of the Administration for Children and Families;
`(16) a representative of the Alcohol, Drug Abuse and Mental Health
Administration;
`(17) a representative of the Pediatric Aids Health Care Demonstration
Program in the Public Health Service;
`(18) at least 3 parents of children with disabilities age 12 or under,
of whom at least one must have a child with a disability under the age of 6;
`(19) at least 2 representatives of State lead agencies for early
intervention services to infants and toddlers, one of which must be a
representative of a State educational agency and the other a representative
of a noneducational agency;
`(20) other members representing appropriate agencies involved in the
provision of, or payment for, early intervention services and special
education and related services to infants and toddlers with disabilities
and their families and preschool children with disabilities; and
`(21) other persons appointed by the Secretary.
`(c) MEETINGS- The Council shall meet at least quarterly and in such places
as the Council deems necessary. The meetings shall be publicly announced,
and, to the extent appropriate, open and accessible to the general public.
`(d) FUNCTIONS OF THE COUNCIL- The Council shall--
`(1) advise and assist the Secretary in the performance of the Secretary's
responsibilities described in this part;
`(2) conduct policy analyses of Federal programs related to the provision of
early intervention services and special educational and related services to
infants and toddlers with disabilities and their families, and preschool
children with disabilities, in order to determine areas of conflict,
overlap, duplication, or inappropriate omission;
`(3) identify strategies to address issues described in paragraph (2);
`(4) develop and recommend joint policy memoranda concerning effective
interagency collaboration, including modifications to regulations, and
the elimination of barriers to interagency programs and activities;
`(5) coordinate technical assistance and disseminate information on best
practices, effective program coordination strategies, and recommendations
for improved early intervention programming for infants and toddlers with
disabilities and their families and preschool children with disabilities; and
`(6) facilitate activities in support of States' interagency coordination
efforts.
`(e) CONFLICT OF INTEREST- No member of the Council shall cast a vote on
any matter that would provide direct financial benefit to that member or
otherwise give the appearance of a conflict of interest under Federal law.'.

9995d112c5604618673de9dbf0faa0ae9a4884c272f91a3d6f5c10607e6ba947

(a) STUDY-
(1) IN GENERAL- The Secretary of Education shall undertake a study to
identify alternative formulae for allocating funds under part H of the
Individuals with Disabilities Education Act.
(2) CONTENTS- The study shall include an analysis of--
(A) the current formula, which uses census data;
(B) a formula that uses child count procedures comparable to procedures
used in part B of the Individuals with Disabilities Education Act;
(C) a formula that uses estimates of children that States anticipate will
be served each year with adjustments made in the subsequent year for over-
and under-counting of children actually served;
(D) the effect of including or excluding `at risk' children in formulae
using child count procedures; and
(E) formulae that use other alternatives or a combination of alternatives.
(b) REPORT- The Secretary of Education shall transmit the study and a
report on such study to the Senate Committee on Labor and Human Resources
and the House Committee on Education and Labor by March 1, 1993.

abfb64900278a79e678e794d155b27a5bc6e6b1eba20872e834c9ff15aa0a699

(a) IN GENERAL- Section 6(a) of Public Law 81-874 (20 U.S.C. 241(a))
(relating to the program commonly known as Impact Aid) is amended by
inserting after the third sentence thereof the following new sentence:
`For purposes of providing such comparable education, all substantive
rights, protections and procedural safeguards (including due process
procedures), available to children with disabilities age 3 to 5, inclusive,
under part B of the Individuals with Disabilities Education Act and to
infants and toddlers under part H of such Act shall be applicable to such
comparable education by academic year 1992-1993, and all substantive rights,
protections and procedural safeguards (including due process procedures),
available under part B of such Act shall be applicable to such comparable
education for all other eligible children on the date of enactment of the
Individuals with Disabilities Education Act Amendments of 1991.'.
(b) RULE OF CONSTRUCTION- With respect to comparable education for children
with disabilities for purposes of section 6(a) of Public Law 81-874
(relating to the program commonly known as Impact Aid), the amendment
made by subsection (a) may not be construed as diminishing the extent of
substantive rights, protections and procedural safeguards available under
such section 6(a) for children with disabilities before the date of the
enactment of this Act.

d9882cae2131f5520d4b1b5c2abc79de39705e5b8597b726bb260e3a25ef5fda

Section 1409(c) of the Defense Dependents' Education Act of 1978 (20
U.S.C. 927(c)) is amended to read as follows:
`(c) APPLICABILITY OF CERTAIN PROVISIONS-
`(1) CHILDREN WITH DISABILITIES- Notwithstanding the provisions of section
1402(b)(3), the provisions of part B of the Individuals with Disabilities
Education Act, other than the funding and reporting provisions, shall apply
to all schools operated by the Department of Defense under this title,
including the requirement that children with disabilities, aged 3 to 5,
inclusive, receive a free appropriate public education by academic year
1993-1994.
`(2) INFANTS AND TODDLERS WITH DISABILITIES- The responsibility to provide
comparable early intervention services to infants and toddlers with
disabilities and their families in accordance with individualized family
service plans described in section 677 of the Individuals with Disabilities
Education Act and to comply with the procedural safeguards set forth in part
H of such Act shall apply with respect to all eligible dependents overseas.
`(3) IMPLEMENTATION TIMELINES- In carrying out the provisions of paragraph
(2), the Secretary shall--
`(A) in academic year 1991-1992 and the 2 succeeding academic years, plan
and develop a comprehensive, coordinated, multidisciplinary program of
early intervention services for infants and toddlers with disabilities
among Department of Defense entities involved in the provision of such
services to such individuals;
`(B) in academic year 1994-1995, implement the program described in
subparagraph (A), except the Secretary need only conduct multidisciplinary
assessments, develop individualized family service plans, and make available
case management services; and
`(C) in academic year 1995-1996 and succeeding academic years, have in
effect the program described in subparagraph (A).'.

ec4ad355be975aeba458164351ab816ea07ed9f5a37c355283928bf0adf9fb80

(a) IN GENERAL- The Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.) is amended--
(1) in section 602(a) (as amended by section 3 of this Act)--
(A) in paragraph (1)(A)(ii), by inserting a comma after `thereof';
(B) in paragraph (17), by striking `and social work services, and medical
and counseling services, including rehabilitation counseling,' and inserting
`, social work services, counseling services, including rehabilitation
counseling, and medical services,'; and
(C) in paragraph (22), by striking `section 703(a)(2)' and inserting
`section 7003(a)(2)';
(2) in section 605(b), in the first sentence, by inserting a comma after
`under this title';
(3) in the heading for part B, by striking `HANDICAPPED CHILDREN' and
inserting in lieu thereof `CHILDREN WITH DISABILITIES';
(4) in section 611(a)(1), in the matter preceding subparagraph (A), by
striking `paragraph (3)' and inserting `paragraph (5)';
(5) in section 612(3), by striking `first with respect to handicapped
children' and inserting `first with respect to children with disabilities';
(6) in section 613(a)--
(A) in paragraph (2), by striking `and section 202(1) of the Carl D. Perkins
Vocational Education Act'; and
(B) in paragraph (9)(B), by striking `handicapped children' each place
such term appears and inserting `children with disabilities';
(7) in section 617(b), by striking `(and the Secretary, in carrying out
the provisions of subsection (c))';
(8) in section 622(a)(1), in the matter preceding subparagraph (A), by
inserting a comma after `State educational agencies';
(9) in section 623(a)(1)(A), by striking `communication mode and' and
inserting `communication mode'; and
(10) in section 624(a)(1), by striking `, including' and all that follows
and inserting the following: `of such children and youth with disabilities,
including their need for transportation to and from school,';
(11) in section 626, by amending the heading for the section to read
as follows:
`SECONDARY EDUCATION AND TRANSITIONAL SERVICES FOR YOUTH WITH DISABILITIES';
(12) in section 631--
(A) in subsection (a)(1)(E), by striking `handicapped children' and inserting
`children with disabilities'; and
(B) in subsection (d)(5) (as redesignated by section 9(a)(1) of this Act),
by amending subparagraph (D) to read as follows:
`(D) participate in educational decisionmaking processes, including the
development of the individualized education program for a child with
a disability,';
(13) in section 635, by striking subsection (c);
(14) in section 642, in the heading for the section, by striking `HANDICAPPED
CHILDREN' and inserting `CHILDREN WITH DISABILITIES';
(15) in section 661(b)(2), by striking `Public Law 100-407' and inserting
`the Technology-Related Assistance for Individuals with Disabilities Act
of 1988';
(16) in section 671(b)(3), by striking `provided to handicapped infants,
toddlers, and their families' and inserting `provided to infants and
toddlers with disabilities and their families';
(17) in section 676(b)--
(A) in paragraph (4), by striking `handicapped infant and toddler' and
inserting `infant and toddler with a disability'; and
(B) in paragraph (6), by striking `as required under this paragraph';
(18) in section 682(e)(1)(D) (as redesignated by section 18(4) of this Act),
by striking `infants or toddlers' and inserting `infants and toddlers'; and
(19) in section 611(e)(1) (as amended by section 802(d)(3) of Public Law
102-73 (105 Stat. 361)), by striking `(until the Compact of Free Association
with Palau takes effect pursuant to section 101(a) of Public Law 99-658)'.
(b) PUBLIC LAW 101-476- Section 901(b) of the Education of the Handicapped
Act Amendments of 1990 (Public Law 101-476; 104 Stat. 1142) is amended
in the matter preceding paragraph (1) by striking `Education for the
Handicapped Act' and inserting `Individuals with Disabilities Education Act'.

59bacbb26dd136604ad4973763837e7830305ed58562a8a34aa4319e41f0e467

(a) COMPREHENSIVE CHILD DEVELOPMENT ACT- Section 670S(1) of the Comprehensive
Child Development Act is amended by striking `Education of the Handicapped
Act' and inserting `Individuals with Disabilities Education Act'.
(b) DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF RIGHTS ACT- Sections
122(b)(5)(C) and 124(b)(3) of the Developmental Disabilities Assistance
and Bill of Rights Act are each amended by striking `Education of the
Handicapped Act' and inserting `Individuals with Disabilities Education Act'.
(c) FOLLOW THROUGH ACT- Section 663(b)(9) of the Follow Through Act is
amended by striking `Education of the Handicapped Act' and inserting
`Individuals with Disabilities Education Act'.
(d) HEAD START TRANSITION PROJECT ACT- Sections 136(a)(4)(C) and 136(a)(10)
of the Head Start Transition Project Act are each amended by striking
`Education of the Handicapped Act of 1975' and inserting `Individuals with
Disabilities Education Act'.
(e) REHABILITATION ACT OF 1973- Sections 101(a)(11), 304(d)(2)(D), 311(c)(3),
634(b)(2)(A), 634(b)(3)(D), and 705(a)(4)(C) of the Rehabilitation Act
of 1973 are each amended by striking `Education of the Handicapped Act'
and inserting `Individuals with Disabilities Education Act'.
(f) TRIBALLY CONTROLLED SCHOOLS ACT OF 1988- Sections 5204(a)(3)(C),
5205(a)(3)(B), 5205(b)(2)(B), and 5205(b)(3)(A)(ii) of the Tribally
Controlled Schools Act of 1988 are each amended by striking `Education of the
Handicapped Act' and inserting `Individuals with Disabilities Education Act'.
(g) HEAD START ACT- Section 640(d) of the Head Start Act is amended by
striking `paragraph (1) of section 602 of the Education of the Handicapped
Act' and inserting `section 602(a)(1) of the Individuals with Disabilities
Education Act'.
(h) HIGHER EDUCATION ACT OF 1965- Section 465(a)(2) of the Higher Education
Act of 1965 is amended by striking `section 602(1) of the Education of the
Handicapped Act' and inserting `section 602(a)(1) of the Individuals with
Disabilities Education Act'.
(i) SOCIAL SECURITY ACT- The Social Security Act is amended--
(1) in section 1903(c)--
(A) by striking `handicapped child' and inserting `child with a disability';
(B) by striking `Education of the Handicapped Act' and inserting `Individuals
with Disabilities Education Act'; and
(C) by striking `a handicapped infant or toddler' and inserting `an infant
or toddler with a disability'; and
(2) in section 1915(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 defined in paragraphs (16) and (17) of section
602(a) of the Individuals with Disabilities Education Act)'.

1d2779d736ddda54b644a33eb5f33c863bd8bfb6d276736bd2f7c75f4bdf4524

(a) SECTIONS 8, 9, AND 10- The amendments made by sections 8, 9, and 10
shall take effect on October 1, 1991, or on the date of enactment of this
Act, whichever is later.
(b) SECTIONS 5, 12, 13, 14, 15, 17, AND 18- The amendments made by
sections 5, 12, 13, 14, 15, 17, and 18 shall take effect July 1, 1992,
except that each State shall have the option to have any of the amendments
apply earlier than such date.
(c) REMAINING PROVISIONS- The remaining sections of this Act and the
amendments made by such sections shall take effect on the date of the
enactment of this Act.
Attest:
Clerk.
S 1106 EAH----2
S 1106 EAH----3
S 1106 EAH----4
S 1106 EAH----5

cf7d960dec28ef9cd50c689a716f3c589119197ff806251ad6ed6f6f635dd33c

Individuals With Disabilities Act Amendments bill — S. 1106

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