101st CONGRESS
2d Session
S. 1824
AMENDMENTS
S 1824 EAH
In the House of Representatives, U. S.,
June 18, 1990.
Resolved, That the bill from the Senate (S. 1824) entitled `An Act to
reauthorize the Education of the Handicapped Act, and for other purposes,'
do pass with the following',
AMENDMENTS:
Strike out all after the enacting clause and insert:

47652d2a9d4d355b442da88423174fc84527aaf15fe1b9f3af381cfe797ca663

This Act may be cited as the `Education of the Handicapped Act Amendments
of 1990'.

ce58cef3d90483877671dac89a4090a5590fd9c23a4a93b7cc4e18a8e8257105

(a) HANDICAPPED CHILDREN- Section 602(a)(1) of the Education of the
Handicapped Act (20 U.S.C. 1402(a)(1)) is amended to read as follows:
`(1) The term `children with disabilities' means children--
`(A) with mental retardation, hearing impairments including deafness,
speech or language impairments, visual impairments including blindness,
serious emotional disturbance, orthopedic impairments, autism, traumatic
brain injury, other health impairments including attention deficit disorder,
or specific learning disabilities; and
`(B) who, by reason thereof, need special education and related services.'.
(b) SPECIAL EDUCATION- Section 602(a)(16) of the Education of the Handicapped
Act (20 U.S.C. 1402(a)(16)) is amended by striking `including classroom
instruction' and all that follows and inserting the following: `including--
`(A) instruction conducted in the classroom, in the home, in hospitals
and institutions, and in other settings; and
`(B) instruction in physical education.'.
(c) RELATED SERVICES- Section 602(a)(17) of the Education of the Handicapped
Act (20 U.S.C. 1402(a)(17)) is amended--
(1) by striking `recreation,' and inserting `recreation including therapeutic
recreation, social work services,'; and
(2) by inserting `including rehabilitation counseling,' after `counseling
services,'.
(d) TRANSITION SERVICES- Section 602(a) of the Education of the Handicapped
Act (20 U.S.C. 1401(a)) is amended by redesignating paragraphs (19) through
(23) as paragraphs (20) through (24), respectively, and by inserting after
paragraph (18) the following new paragraph:
`(19) The term `transition services' means a coordinated set of activities
for a student, designed within an outcome-oriented process, which promotes
movement from school to integrated employment (including supported
employment), post-secondary education, vocational training, continuing
and adult education, adult services, independent living, or community
participation. The coordinated set of activities shall be based upon the
individual student's needs, taking into account the student's preferences
and interests, and shall include, but not be limited to, instruction,
community experiences, the development of employment and other post-school
adult living objectives, and when appropriate acquisition of daily living
skills and functional vocational evaluation.'.
(e) INDIVIDUALIZED EDUCATION PROGRAM- Section 602(a)(20) of the Education
of the Handicapped Act, as redesignated by subsection (d) of this section,
is amended by redesignating subparagraphs (D) and (E) as subparagraphs
(E) and (F), respectively, and by inserting after subparagraph (C) the
following new subparagraph:
`(D) a statement of the needed transition services for students beginning no
later than age 16 and annually thereafter (and when determined appropriate
for the individual, beginning at age 14 or younger), including when
appropriate, a statement of the interagency reponsibilities or linkages
(or both) before the student leaves the school setting,'.
(f) PUBLIC OR PRIVATE NONPROFIT AGENCY OR ORGANIZATION- Section 602(a)(24)(A)
of the Education of the Handicapped Act, as redesignated by subsection (d)
of this section, is amended by inserting before the period the following:
`and the Bureau of Indian Affairs of the Department of the Interior
(when acting on behalf of schools operated by the Bureau for children and
students on Indian reservations) and tribally controlled schools funded
by the Department of Interior'.
(g) ASSISTIVE TECHNOLOGY DEVICE- Section 602(a) of the Education of the
Handicapped Act, as amended by subsection (d) of this section, is amended
by adding at the end the following new paragraph:
`(25) The term `assistive technology device' means any item, piece of
equipment, or product system, whether acquired commercially off the shelf,
modified, or customized, that is used to increase, maintain, or improve
functional capabilities of individuals with disabilities.'.
(h) ASSISTIVE TECHNOLOGY SERVICE- Section 602(a) of the Education of the
Handicapped Act, as amended by subsection (g) of this section, is amended
by adding at the end the following new paragraph:
`(26) The term `assistive technology service' means any service that directly
assists an individual with a disability in the selection, acquisition,
or use of an assistive technology device. Such term includes--
`(A) the evaluation of the needs of an individual with a disability,
including a functional evaluation of the individual in the individual's
customary environment;
`(B) purchasing, leasing, or otherwise providing for the acquisition of
assistive technology devices by individuals with disabilities;
`(C) selecting, designing, fitting, customizing, adapting, applying,
maintaining, repairing, or replacing of assistive technology devices;
`(D) coordinating and using other therapies, interventions, or services
with assistive technology devices, such as those associated with existing
education and rehabilitation plans and programs;
`(E) training or technical assistance for an individual with disabilities,
or, where appropriate, the family of an individual with disabilities; and
`(F) training or technical assistance for professionals (including
individuals providing education and rehabilitation services), employers,
or other individuals who provide services to, employ, or are otherwise
substantially involved in the major life functions of individuals with
disabilities.'.

a4577c3a20b19d887fde1b223ee3c68c66a8ee2a9737e527bf9aaefcf98a09fb

TITLE I

-GENERAL PROVISIONS

Part A of the Education of the Handicapped Act (20 U.S.C. 1400 et seq.) is
amended by inserting after section 603 the following new section:
`ABROGATION OF STATE SOVEREIGN IMMUNITY
`SEC. 604. (a) A State shall not be immune under the eleventh amendment
to the Constitution of the United States from suit in Federal court for
a violation of this Act.
`(b) In a suit against a State for a violation of this Act, remedies
(including remedies both at law and in equity) are available for such a
violation to the same extent as such remedies are available for such a
violation in the suit against any public entity other than a State.
`(c) The provisions of subsections (a) and (b) shall take effect with
respect to violations that occur in whole or part after the date of the
enactment of the Education of the Handicapped Act Amendments of 1990.'.

b62bf766ea88b4efe527075962e76cb49fcc858f8f78f53661169d0f8f3516b1

APPLICABLE TO PARTS C THROUGH G.
Part A of the Education of the Handicapped Act (20 U.S.C. 1400 et seq.) is
amended by adding at the end the following new section:
`ADMINISTRATIVE PROVISIONS APPLICABLE TO PARTS C THROUGH G AND SECTION 618
`SEC. 610. (a) The Secretary shall maintain a program planning process
for the implementation of each of the programs authorized under section
618 and parts C through G. The process shall include the establishment of
goals, objectives, strategies, and priorities. In conducting the process,
the Secretary shall involve individuals with disabilities, parents,
professionals, and representatives of State and local educational agencies,
private schools, institutions of higher education, and national organizations
who have interest and expertise in the program.
`(b) The Secretary shall conduct directly, or by contract or cooperative
agreement with appropriate entities, independent evaluations of the programs
authorized under section 618 and under parts C through G, and may for such
purpose use funds appropriated to carry out such provisions. The findings of
the evaluators shall be utilized in the planning process under subsection
(a) for the purpose of improving the programs. The evaluations shall
determine the degree to which the program is being conducted consistent
with the program plan and meeting its goals and objectives. The Secretary
shall submit to the appropriate committees of the Congress the results of
the evaluations required by this subsection.
`(c) The Secretary shall report the program plans required in subsection
(a) and findings from the evaluations under subsection (b) in the annual
report to the Congress required under section 618.
`(d) The Secretary shall develop effective procedures for acquiring and
disseminating information derived from programs and projects funded under
parts C through G, as well as information generated from studies conducted
and data collected under section 618.
`(e) The Secretary shall, where appropriate, require recipients of grants,
contracts, or cooperative agreements under section 618 and parts C through
G to prepare reports describing their procedures, findings, and other
relevant information in a form that will maximize their dissemination and
use and shall require their delivery, as appropriate, to the Regional and
Federal Resource Centers, the Clearinghouses, and the Technical Assistance to
Parents Programs (TAPP) assisted under parts C and D of this Act, as well as
the National Diffusion Network, the ERIC Clearinghouse on the Handicapped
and Gifted, and the Child and Adolescent Service Systems Program (CASSP)
under the National Institute of Mental Health, and such other networks as
the Secretary may determine to be appropriate.
`(f)(1) The Secretary shall convene, in accordance with paragraph (2),
panels of experts who are competent, by virtue of their training or
experience, to evaluate proposals under section 618 and parts C through G.
`(2) Panels under paragraph (1) shall be composed of individuals with
disabilities, parents of such individuals, individuals from the fields of
special education, related services, and other relevant disciplines.
`(3) The Secretary shall convene panels under paragraph (1) for any
application that includes a total funding request exceeding $60,000 and
may convene or otherwise appoint panels for applications that include
funding requests that are less than such amount.
`(4) Panels under paragraph (1) shall include a majority of non-Federal
members. Such non-Federal members shall be provided travel and per diem not
to exceed the rate provided to other educational consultants used by the
Department of Education and shall be provided consultant fees at such a rate.
`(5) The Secretary may use funds available under section 618 and parts C
through G to pay expenses and fees of non-Federal members of the panels.
`(g) GOALS FOR MINORITIES AND UNDERSERVED PERSONS- (1) With respect to
the discretionary programs authorized by parts C through G, the Congress
finds as follows:
`(A)(i) The Federal Government must be responsive to the growing needs
of an increasingly more diverse society. A more equitable allocation of
resources is essential for the Federal Government to meet its responsibility
to provide an equal educational opportunity for all individuals.
`(ii) America's racial profile is rapidly changing. While the rate of
increase for white Americans is 3.2 percent, the rate of increase for
racial and ethnic minorities is much higher: 38.6 percent for Hispanics,
14.6 percent for African-Americans, and 40.1 percent for Asians and other
ethnic groups.
`(iii) By the year 2000, this Nation will have 260,000,000 people,
one of every three of whom will be either African-American, Hispanic,
or Asian-American.
`(iv) Taken together as a group, it is a more frequent phenomenon for
minorities to comprise the majority of public school students. Large city
school populations are overwhelmingly minority, e.g., Miami, 71 percent;
Philadelphia, 73 percent; Baltimore, 80 percent.
`(v) Recruitment efforts within special education at the level of preservice,
continuing education, and practice must focus on bringing larger numbers of
minorities into the profession in order to provide appropriate practitioner
knowledge, role models, and sufficient manpower to address the clearly
changing demography of special education.
`(vi) The limited English proficient population is the fastest growing in
our Nation, and the growth is occurring in many parts of our Nation. In
the Nation's 2 largest school districts limited-English students make up
almost half of all students initially entering school at the kindergarten
level. Studies have documented apparent discrepancies in the levels of
referral and placement of limited-English proficient children in special
education. The Department of Education has found that services provided to
limited-English proficient students often do not respond primarily to the
pupil's academic needs. These trends pose special challenges for special
education in the referral, assessment, and services for our Nation's
students from non-English language backgrounds.
`(B)(i) Greater efforts are needed to prevent the intensification of
problems connected with mislabeling and high dropout rates among minority
children with disabilities.
`(ii) More minority children continue to be served in special education
that would be expected from the percentage of minority students in the
general school population.
`(iii) Poor African-American children are 3.5 times more likely to
be identified by their teacher as mentally retarded than their white
counterpart.
`(iv) Although African-Americans represent 12 percent of elementary and
secondary enrollments, they constitute 28 percent of total enrollments in
special education.
`(v) The drop out rate is 68 percent higher for minorities than for whites.
`(vi) More than 50 percent of minority students in large cities drop out
of school.
`(C)(i) The opportunity for full participation in awards for grants and
contracts; boards of organizations receiving funds under this Act; and
peer review panels; and training of professionals in the area of special
education by minority individuals, organizations, and historically Black
colleges and universities is essential if we are to obtain greater success
in the education of minority children with disabilities.
`(ii) In 1989, of the 661,000 college and university professors, 4.6
percent were African-American and 3.1 percent were Hispanic. Of the
3,600,000 teachers, prekindergarten through high school, 9.4 percent were
African-American and 3.9 percent were Hispanic.
`(iii) Students from minority groups comprise more than 50 percent of
K-12 public school enrollment in seven States yet minority enrollment in
teacher training programs is less than 15 percent in all but six States.
`(iv) As the number of African-American and Hispanic students in special
education increases, the number of minority teachers and related service
personnel produced in our colleges and universities continues to decrease.
`(v) Ten years ago, 12.5 percent of the United States teaching force
in public elementary and secondary schools were members of a minority
group. Minorities comprised 21.3 percent of the national population at that
time and were clearly underrepresented then among employed teachers. Today,
the elementary and secondary teaching force is 3 to 5 percent minority,
while one-third of the students in public schools are minority children.
`(vi) As recently as 1984-85, Historically Black Colleges and Universities
(HBCUs) supplied nearly half of the African-American teachers in the
Nation. However, in 1988, HBCUs received only 2 percent of the discretionary
funds for special education and related services personnel training.
`(vii) While African-American students constitute 28 percent of total
enrollment in special education, only 11.2 percent of preservice special
education teachers are African-American.
`(viii) In 1986-87, of the degrees conferred in education at the B.A., M.A.,
and Ph.D levels, only 6, 8, and 8 percent, respectively, were awarded to
African-American or Hispanic students.
`(D) Minorities and underserved persons are socially disadvantaged because of
the lack of opportunities in training and educational programs, undergirded
by the discriminatory practices in the private sector that impede their
full participation in the mainstream of society.
`(2) That these conditions can be greatly improved by providing opportunities
for the full participation of minorities through the implementation of
the following recommendations:
`(A) Implementation of a policy to mobilize the Nation's resources to
prepare minorities for careers in special education and related services.
`(B) This policy should focus on--
`(i) the recruitment of minorities into teaching; and
`(ii) financially assisting HBCUs and other institutions of higher education
(whose minority student enrollment is at least 25 percent) to prepare
students for special education and related service careers.
`(C)(i) With respect to entities described in clause (ii), establishing
the highest priority in each of the fiscal years 1991 through 1994 for
awarding to such entities grants, contracts, and cooperative agreements
that are authorized in any of parts C through G for purposes of research,
training, technical assistance, dissemination of information, development,
demonstration, or other activities.
`(ii) The entities referred to in clause (i) are applicants for grants,
contracts, and cooperative agreements under any of parts C through G that--
`(I) have appropriate qualifications for conducting the activity for which
the financial assistance is to be provided; and
`(II) have expertise in, and a record of, successfully recruiting,
retaining, graduating, and promoting minority individuals and individuals
with disabilities.
`(D)(i) The Secretary shall develop a plan for providing outreach
services to the entities described in clause (ii) in order to increase
the participation of such entities in competitions for grants, contracts,
and cooperative agreements under any of parts C through G.
`(ii) The entities referred to in clause (i) are--
`(I) Historically Black Colleges and Universities and other institutions
of higher education whose minority student enrollment is at least 25 percent;
`(II) minority institutions (as defined in the Higher Education Act of 1965);
`(III) nonprofit and for-profit agencies at least 51 percent owned or
controlled by one or more minority individuals; and
`(IV) underrepresented populations.
`(iii) For the purpose of implementing the plan required in clause (i),
the Secretary shall, for each of the fiscal years 1991 through 1994,
expend 1 percent of the funds appropriated for the fiscal year involved
for carrying out parts C through G.
`(3) The Secretary shall exercise his/her utmost authority, resourcefulness,
and diligence to meet the requirements of this subsection.
`(4) Not later than January 31 of each year, starting with fiscal year 1991,
the Secretary shall submit to Congress a final report on the progress
toward meeting the agreements of this subsection during the preceding
fiscal year. The report shall include--
`(i) a full explanation of any progress toward meeting the requirements
of this subsection;
`(ii) a plan to meet the requirements, if necessary; and
`(iii) a description of the percentage of contracts, grants, and cooperative
agreements, the total dollar amount, and the number of different entities
relative to the requirement of this subsection.
`(5) For purposes of this Act:
`(i) The term `minority' means--
`(I) persons who have been subjected to racial or ethnic prejudice or
cultural bias because of their identity as a member of a group without
regard to their individual qualities, such as African-Americans, Hispanic
Americans, Native Americans, and Asian Americans, and
`(II) individuals with disabilities.
`(ii) The term `underserved' means populations such as minorities, the poor,
and the limited-English proficient.'.

1418140eddc468d1b5ea8fbec80be15a3d02ff637d482b45bca0c05c050221de

Section 611(f) of the Education of the Handicapped Act (20 U.S.C. 1411(f))
is amended--
(1) in paragraph (1), in the first sentence, by inserting `(A)' after
`reservations' and by inserting before the period the following: `, and
(B) for whom services were provided through contract with an Indian tribe
or organization prior to fiscal year 1989'; and
(2) by adding at the end the following new paragraph:
`(3) Before March 1, 1991, the Secretary of the Interior shall submit to the
appropriate Committees of the Congress a plan for the provision of services
under this Act to all handicapped children residing on reservations, whether
or not such reservation is served by a B.I.A. funded school. Such plan shall
provide for the coordination of services benefiting these children from
whatever source, including but not limited to, Tribe(s), the State in which
the child resides and entities of such State, the Indian Health Service,
other B.I.A. divisions and other Federal agencies. In developing such a plan,
the Secretary shall consult with all interested and involved parties. Such
a plan may not be based upon a blanket assumption or interpretation which
denies Federal or Interior responsibility for any group(s) or class(es)
of children or settings, but shall be based upon the needs of the children
and the system best suited for meeting those needs, and may involve the
establishment of service agreements between the B.I.A. and other entities.'.

5f358ee43bb44898bcf7ff69172f18c9cf89bf15414637dfd70498473df136e6

TITLE II

-ASSISTANCE FOR EDUCATION OF ALL HANDICAPPED INDIVIDUALS

Section 613(a)(3) of the Education of the Handicapped Act (20
U.S.C. 1413(a)(3)) is amended to read as follows:
`(3)(A) set forth, consistent with the purposes of this part, a comprehensive
system of personnel development that shall include a description of the plan
the State will carry out to ensure an adequate supply of qualified personnel
to administer, support, and provide special education and related services
to children and youth with disabilities. At a minimum, the State shall
develop a plan and update it annually as part of its requirements under this
section. As appropriate, the State shall describe how it intends to respond
to the requirements of this paragraph for the upcoming year and report
what activities it completed and information it compiled in response to
the requirements of this paragraph for the year just ending. Specifically--
`(i) the State shall determine and document in the plan the number and type
of personnel by area of specialization, including leadership personnel:
who are employed; who are employed on an emergency, provisional, or other
basis, or other form of exemption from State certification or licensure;
and who are needed currently and over a 5-year time frame to adequately
respond to current and projected needs of children with disabilities,
taking into account projected rates of personnel attrition and other factors;
`(ii) the State shall determine and document the number of personnel
being trained and the number graduating with certification or licensure
in special education or related services, including leadership personnel,
from institutions of higher education within the State, and the extent to
which this meets or will meet State personnel needs;
`(iii) the State shall describe how it intends to recruit and retain
qualified personnel in order to overcome current and projected personnel
shortages, including shortages caused by use of personnel without
certification or licensure, and the extent to which it was successful in
overcoming personnel shortages;
`(iv) the State shall describe how it intends to identify and meet the
continuing education needs of special education and related services
personnel, including leadership personnel, and the extent to which it has
been successful in meeting those needs;
`(v) the State shall describe how it intends to disseminate information
about both research and effective practice to special education and related
services personnel, including leadership personnel, and the extent to
which it has done so; and
`(vi) the State shall include provisions to increase the supply of special
education and related services personnel from racial and ethnic minority
groups and individuals with disabilities.
`(B) States shall take steps toward compliance with this paragraph in
fiscal year 1991; full compliance with this paragraph shall be required in
State Plans or amendments to State Plans required for such plans submitted
beginning for fiscal year 1992;'.

d280adcad77806bf1c5e8c610a04e8951d280ffdda74b212f6465c6f7d510229

Section 617 of the Education of the Handicapped Act (20 U.S.C. 1417)
is amended by adding at the end the following new subsection:
`(e)(1) The Secretary shall, based on the findings and recommendations of
the evaluation study conducted under paragraph (2), submit the results
of the study and a detailed plan for the development and implementation
of a common computerized information management system within the Office
of Special Education and Rehabilitative Services (OSERS) that would allow
all administrative components of OSERS to categorize, index, and abstract
program information for the purpose of making this information accessible
to Congress, the Department of Education, and other interested parties
consistent with the requirements of paragraph (2). The Secretary may
enter into any contract or cooperative agreement to implement and maintain
this system.
`(2)(A) The Secretary shall conduct an evaluation study to determine
the effectiveness of current planning and the feasibility for developing
and implementing the system described above. In carrying out this study,
the Secretary shall, before the end of the 9-month period beginning on
the date of the enactment of these amendments, enter into a contract or
cooperative agreement necessary to conduct the study with a nonprofit
or profit organization having expertise in and knowledge of information
management systems. The study shall report on the following:
`(i) timeliness for implementation,
`(ii) staff training and personnel needs,
`(iii) costs for dimensions of the system,
`(iv) design of the system,
`(v) ability to analyze program information to permit trend identification,
projections, and inferences both in qualitative and quantitative terms,
`(vi) method of utilization of information of the data base,
`(vii) methodologies utilized by other Federal agencies,
`(viii) capability to assist OSERS to improve the exchange of information
on programs and projects within and outside OSERS, the communication between
projects, the defining of priorities, and grant management within OSERS, and
`(ix) recapture program and fiscal information from projects funded since
fiscal year 1985 to current year.
`(B) Any contract or cooperative agreement entered into under subparagraph
(A) shall require the study to be completed and a report concerning such
study to be submitted to the Secretary and the appropriate committees of
Congress before the end of the 12-month period beginning on the date of
the contract or cooperative agreement.
`(3)(A) Beginning within 6 months after the submission of the report required
under paragraph (2), and being completed no later than 18 months after such
date, the Secretary shall establish within OSERS a detailed plan for the
implementation of the computerized information management system required
under this subsection. The system shall include all design capabilities
stipulated in paragraph (2)(A).
`(B) For the 2 fiscal years that begin after the date of enactment of
these amendments, the Secretary is authorized to use funds appropriated for
the National Institute on Disability and Rehabilitation Research (NIDRR)
to fund the above study.
`(4) The Secretary is directed to utilize, to the maximum extent allowable
by law, the resources of the Rehabilitative Services Administration,
the Office of Special Education Programs, and the National Institute on
Disability and Rehabilitation Research including, but not limited to, staff,
expertise, materials, and equipment, either developed, or to be developed,
for the system under this subsection and all other resources available.'.

65d22084c985cf00eb4401f327e23f6f3d7b1cbae68272b473a55f2efce4d233

(a) AMENDMENTS TO SECTION HEADING- Section 618 of the Education of the
Handicapped Act (20 U.S.C. 1418) is amended in the heading for such section
by inserting `AND PROGRAM INFORMATION' after ` EVALUATION'.
(b) AMENDMENTS TO SUBSECTION (a)- Section 618(a) of the Education of the
Handicapped Act (20 U.S.C. 1418(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting `analyses,' after
`investigations,'; and
(2) in paragraph (3)(B), by inserting `delivery' before `effectiveness'.
(c) AMENDMENTS TO SUBSECTION (b)- Section 618(b) of the Education of the
Handicapped Act (20 U.S.C. 1418(b)) is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting after `local educational agencies,' the following:
`lead agencies designated or established under part H,'; and
(B) by inserting before `including--' the following: `(except that, during
fiscal year 1991, such entities may not under this subsection be required
to provide data regarding traumatic brain injury or autism),';
(2) in paragraph (3)--
(A) by striking `otherwise--' and all that follows and inserting the
following: `otherwise for each age 14 and above by disability category,
and a sampling of data on the age group 3-13 from State agencies, including
State and local educational agencies, and'; and
(B) by inserting `(A)' after the paragraph designation and by adding at
the end the following new subparagraph:
`(B) the number of children with disabilities exiting preschool programs
under part B who enter regular education programs at the first grade
level,'; and
(C) in paragraph (5), by amending such paragraph to read as follows:
`(5)(A) information on the implementation, in each State, of the
comprehensive systems of personnel development required by sections 613(a)(3)
and 676(b)(8); and
`(B) by fiscal year 1992, the Secretary may require that data authorized by
this paragraph be reported in the section of the State's Plan pertaining
to its comprehensive system of personnel development, authorized under
section 613(a)(3), and'.
(d) AMENDMENTS TO SUBSECTION (c)- Section 618(c) of the Education of the
Handicapped Act (20 U.S.C. 1418(c)) is amended to read as follows:
`(c) IMPLEMENTATION INQUIRIES- (1) The Secretary shall make grants
to, or enter into contracts or cooperative agreements with, State and
local educational agencies, institutions of higher education, other
public agencies, and private organizations for the purpose of conducting
studies (including case studies), secondary data analyses, syntheses, and
investigations (including program implementation inquiries), to improve
the administration, management, delivery, and effectiveness of special
education and related services, and early intervention services.
`(2) In providing such support, the Secretary shall give first consideration
to efforts that seek to improve--
`(A) criteria and procedures used to identify, locate, and evaluate
infants, toddlers, children, and youth with disabilities for the purposes
of eligibility, program planning, and placement (including working with
parents), especially for those from minority backgrounds;
`(B) the relationships between the placement procedures used and the
outcomes of placement decisions, by disability category and severity of
disability, as in the case of infants, toddlers, children, and youth with
the most severe disabilities;
`(C) planning and delivery of services to infants, toddlers, children,
and youth with disabilities at points of transition, especially for youth
with disabilities; and
`(D) planning and developing effective early intervention services, special
education, and related services to meet the complex and changing needs of
infants, toddlers, children, and youth with disabilities.
`(3) In providing funds under this subsection, the Secretary shall require
recipients to prepare their procedures, findings, and other relevant
information in a form that will maximize their dissemination and use,
especially through dissemination networks and mechanisms authorized by
this Act, and in a form for inclusion in the annual report to Congress
authorized under subsection (f).
`(4) The Secretary, in order to increase the benefits to infants, toddlers,
children, and youth with disabilities, may support efforts to improve
comprehensive systems of personnel development, to improve ways in which
resources are allocated and used, to improve interagency coordination
and collaboration, to improve continuity in services, and to improve
parent-school communication and collaboration.
`(5) In order to facilitate understanding of and support for program
improvement information, as addressed in this subsection, the Secretary
shall, every 3 years beginning in fiscal year 1991, publish funding
priorities in the Federal Register for review and comment. Such review
and comment shall be taken into account when setting priorities for any
3-year period.'.
(e) AMENDMENTS TO SUBSECTION (d)- Section 618(d)(1) of the Education of
the Handicapped Act (20 U.S.C. 1418(d)(1)) is amended by inserting `,
policies, and procedures' after `programs'
(f) AMENDMENTS TO SUBSECTION (e)- Section 618(e) of the Education of the
Handicapped Act (20 U.S.C. 1418(e)) is amended to read as follows:
`(e) SPECIAL STUDIES- (1) The Secretary shall by grant, contract, or
cooperative agreement, provide for special studies to assess progress in
the implementation of this Act, and to assess the impact and effectiveness
of State and local efforts and efforts by the Secretary of the Interior
to provide free appropriate public education to children and youth with
disabilities, and early intervention services to infants and toddlers with
disabilities. Reports from such studies shall include recommendations for
improving programs and services to such individuals. The Secretary shall,
not later than July 1 of each year, beginning in fiscal year 1991, submit
to the appropriate committees of each House of the Congress and publish
in the Federal Register proposed priorities for review and comment.
`(2) In selecting priorities for fiscal years 1991 through 1994, the
Secretary may give first consideration to:
`(A) The longitudinal study of students with disabilities shall be completed.
`(B) A study that examines the factors that have contributed to the
decline in the number of children classified as mentally retarded since
the implementation of this Act, and examines the current disparity among
States in the percentage of children so classified.
`(C) A study that examines the degree to which and the reasons why children
and youth with disabilities, especially those with mental retardation,
are educated in separate educational facilities.
`(D) A study that examines the status, progress, and variation in the
implementation of policies, procedures, and programs affecting early
intervention, special education, and related services for young children
with disabilities--birth through age five.
`(E) A study of the types, number, and intensity of related services
provided to children and youth with disabilities by disability category.
`(F) A study that examines the extent to which out-of-community residential
programs are used for children and youth who are seriously emotionally
disturbed, the factors that influence the selection of such placements, the
degree to which such individuals transition back to education programs in
their communities, and the factors that facilitate or impede such transition.
`(G) A study that examines (i) the factors that influence the referral
and placement decisions and types of placements, by disability category
and English language proficiency, of minority children relative to other
children, (ii) the extent to which these children are placed in regular
education environments, (iii) the extent to which the parents of these
children are involved in placement decisions and the implementation of the
individualized education program and the results of such participation, and
(iv) the type of support provided to parents of these children that enable
these parents to understand and participate in the educational process.'.
(g) AMENDMENTS TO SUBSECTION (f)- Section 618(f) of the Education of the
Handicapped Act (20 U.S.C. 1418(f)) is amended--
(1) by striking `(f)(1)' and inserting `(f) ANNUAL REPORT- (1)';
(2) in paragraph (1) (as amended by paragraph (1) of this subsection), by
amending such paragraph to read as follows: `(1) The Secretary, directly
or through grants, contracts, or cooperative agreements, shall prepare an
annual report on the progress being made toward the provision of a free
appropriate public education to children and youth with disabilities and
early intervention services to infants and toddlers with disabilities. Not
later than 120 days after the end of each fiscal year, the Secretary
shall transmit this report to the appropriate committees of each House of
Congress. Copies of such report shall be produced in sufficient quantities
in order to permit dissemination to the education and disability communities
and other interested parties.'; and
(3) in paragraph (2)--
(A) in subparagraph (A), by inserting `and under part H' before the
comma; and
(B) in subparagraph (B), by amending such subparagraph to read as follows:
`(B) an index and summary of each activity, including results of evaluations
and studies, related to program information authorized under subsections
(c) and (e),'.
(h) NEW SUBSECTION- Section 618 of the Education of the Handicapped Act
(20 U.S.C. 1418) is amended by redesignating subsection (g) as subsection
(h) and by inserting after subsection (f) the following new subsection:
`(g) The Secretary shall make grants to, or enter into contracts
or cooperative agreements with, State and local education agencies,
institutions of higher education, other public agencies, and nonprofit
organizations to support activities that organize, synthesize, interpret,
and integrate information obtained under this section with information
developed through other sources. Such activities shall include the selection
and design of content, formats, and means for communicating such information
effectively to specific or general audiences, in order to promote the use
of such information in improving program administration and management,
and service delivery and effectiveness.'.
(i) FUNDING- Section 618(h) of the Education of the Handicapped Act,
as redesignated by subsection (h) of this section, is amended to read
as follows:
`(h) For each of the fiscal years 1991 through 1994, of the amounts
appropriated for grants under section 611(a), 1 percent shall be reserved
to carry out the purposes of this section and, of the 1 percent reserved
each year, not more than 25 percent may be used to carry out the purposes
of subsection (e) of this section.'.
INDIVIDUALS

a3e065efb909992c0abb4f95cef5d118499201630fd0344782e86138f59ec2c1

(a) AMENDMENTS TO SUBSECTION (a)- Section 621(a) of the Education of the
Handicapped Act (20 U.S.C. 1421(a)) is amended--
(1) in the first sentence, by striking `regional resource centers.' and
inserting the following: `regional resource centers that focus on special
education and related services and early intervention services.';
(2) in the second sentence--
(A) by striking `training to State' and inserting `training, as requested,
to State'; and
(B) by inserting after `agencies providing' the following: `special
education and related services and';
(3) in the third sentence, by striking `center' the second place such term
appears and all that follows and inserting `center.'; and
(4) in paragraph (3), by striking `relevant projects conducted by' and
inserting `relevant programs and projects conducted under parts C through
G and by'.
(b) AMENDMENTS TO SUBSECTION (b)- Section 621(b) of the Education of
the Handicapped Act (20 U.S.C. 1421(b)) is amended by striking `shall
consider' and inserting `shall utilize criteria for setting criteria that
are consistent with the needs identified by States within the region served
by such center, consistent with requirements established by the Secretary
under subsection (f), and, to the extent appropriate, consistent with
requirements under section 610, and shall consider'.
(c) AMENDMENTS TO SUBSECTION (d)- Section 621(d) of the Education of the
Handicapped Act (20 U.S.C. 1421(d)) is amended by striking `the Secretary'
the second place such term appears and all that follows and inserting the
following: `the Secretary. The Secretary may assist the regional resource
centers in the delivery of technical assistance consistent with the priority
needs identifed by the States.'.
(d) NEW SUBSECTION- Section 621 of the Education of the Handicapped Act (20
U.S.C. 1421) is amended by adding at the end the following new subsection:
`(f)(1) The Secretary shall develop guidelines and criteria for the operation
of Regional and Federal Resource Centers. In developing such criteria and
guidelines, the Secretary shall establish a panel representing the Office
of Special Education Programs staff, State special education directors,
representatives of disability advocates, and, when appropriate, consult
with the regional resource center directors.
`(2) Such guidelines and criteria shall include--
`(A) a description of how the Federal and Regional Resource Centers Program
will be administered by the Secretary;
`(B) a description of the geographic region each Center is expected to serve;
`(C) a description of the role of a Center in terms of expected leadership
and dissemination efforts;
`(D) a description of expected relationships with State agencies, research
and demonstration centers, and with other entities deemed necessary;
`(E) a description of how a Center will be evaluated; and
`(F) other guidelines and criteria deemed necessary.
`(3) The Secretary shall publish in the Federal Register by July 1, 1991,
for review and comment, proposed and (then following such review and comment)
final guidelines developed by the panel.'.

38b2591aff22cd0cc3e20b7b92b5c38b83c268fe4378bf7ac4ebb63b891551cf

TITLE III

-CENTERS AND SERVICES TO MEET SPECIAL NEEDS OF HANDICAPPED

(a) AMENDMENTS TO SUBSECTION (a)- Section 622(a) of the Education of the
Handicapped Act (20 U.S.C. 1422(a)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by inserting `and local'
after `State'; and
(B) in subparagraph (B), by amending such subparagraph to read as follows:
`(B) make available to deaf-blind youth (who are in the process of
transitioning into adult services) programs, services, and supports to
facilitate such transition, including assistance related to independent
living and competitive employment.';
(2) by redesignating paragraphs (2) through (4) as paragraphs (3) through
(5), respectively, and by inserting after paragraph (1) the following
new paragraph:
`(2) For purposes of this section, the term `deaf-blind', with respect
to children and youth, means having auditory and visual impairments,
the combination of which creates such severe communication and other
developmental and learning needs that they cannot be appropriately
educated in special education programs solely for children and youth with
hearing impairments, visual impairments, or severe disabilities, without
supplementary assistance to address their educational needs due to these
dual, concurrent disabilities.';
(3) in paragraph (3) (as redesignated by paragraph (2) of this subsection)--
(A) in the first sentence--
(i) in subparagraph (C), by striking `and' after the semicolon;
(ii) in subparagraph (D), by striking the period and inserting `; or'; and
(iii) by adding at the end the following new subparagraph: `(E) pilot
projects designed to expand local school district capabilities by providing
services to deaf-blind children that are supplementary to services already
provided to children through State and local resources; such projects
must be designed to ensure eventual assumption of funding responsibility
by State and local authorities.'; and
(B) in the second sentence, in clause (i), by striking `at risk of being
certified' and inserting `likely to be diagnosed as';
(4) in paragraph (4) (as so redesignated)--
(A) in subparagraph (A), by striking `organizations serving, or proposing
to serve,' and inserting the following: `organizations that are preparing
deaf-blind adolescents for adult placements, or that are preparing to
receive deaf-blind young adults into adult living and work environments,
and that serve, or propose to serve,'; and
(B) in subparagraph (C), by inserting `supervised,' after `rehabilitative,';
(5) in paragraph (5) (as so redesignated), by amending such paragraph to
read as follows:
`(5) In carrying out this subsection, the Secretary is authorized to enter
into a number of grants or cooperative agreements to establish and support
single and multi-State centers for the provision of technical assistance and
pilot supplementary services, for the purposes of program development and
expansion, for children and youth with deaf-blindness and their families.'.
(b) AMENDMENTS TO SUBSECTION (c)- Section 622(c)(1) of the Education of
the Handicapped Act (20 U.S.C. 1422(c)(1)) is amended--
(1) in subparagraph (A), by inserting `sex,' after `severity,';
(2) in subparagraph (C), by inserting before the period the following:
`and the setting in which the services are provided'; and
(3)(A) by striking `and' at the end of subparagraph (B);
(B) by striking the period at the end of subparagraph (C) and inserting
`; and'; and
(C) by adding at the end the following new subparagraph: `(D) student
outcomes, where appropriate.'.
(c) AMENDMENTS TO SUBSECTION (d)- Section 622(d) of the Education of the
Handicapped Act (20 U.S.C. 1422(d)) is amended to read as follows:
`(d) The Secretary shall make a grant, or enter into a contract or
cooperative agreement, for a national clearinghouse for children and youth
with deaf-blindness--
`(1) to identify, coordinate, and disseminate information on deaf-blindness;
`(2) to interact with educators, professional groups, and parents to
identify areas for programming, materials development, training, and
expansion of specific services;
`(3) to maintain a computerized data base on local, regional, and national
resources; and
`(4) to respond to information requests from professionals, parents,
and members of the community.'.
(d) AMENDMENTS TO SUBSECTION (e)- Section 622(e) of the Education of
the Handicapped Act (20 U.S.C. 1422(e)) is amended by striking `severely
handicapped' and all that follows and inserting the following: `children
and youth with deaf-blindness.'.
(e) AMENDMENTS TO SUBSECTION (f)- Section 622(f) of the Education of the
Handicapped Act (20 U.S.C. 1422(f)) is amended by striking `with,' and all
that follows and inserting the following: `with organizations or public or
nonprofit private agencies, as determined by the Secretary to be appropriate,
to address the needs of children and youth with deaf-blindness, for--
`(1) research to identify and meet the full range of special needs of such
children and youth; and
`(2) the development and demonstration of new, or improvements in existing
methods, approaches, or techniques that would contribute to the adjustment
and education of children and youth with deaf-blindness.'.

9981d3fc8f4eb0099b8b81ef712956bfcaa072faa33b8913966ee11d3c0bc537

(a) AMENDMENTS TO SUBSECTION (a)- Section 623(a)(1) of the Education of
the Handicapped Act (20 U.S.C. 1423(a)(1)) is amended--
(1) in the matter preceding subparagraph (A), in the first sentence,
by striking `problems of such children.' and inserting `needs of these
children.';
(2) in subparagraph (A), by striking `speech,' and inserting
`communication,'; and
(3) in subparagraph (B), by inserting before `encourage' the following:
`provide family education and include a parent or their representative of
such child, as well as';
(4) in subparagraph (C), by striking `problems' and insert `special needs';
(5) in subparagraph (D)--
(A) by inserting after `practices' the following: `, including
interdisciplinary models and practices,'; and
(B) by inserting before the comma the following: `and to the parents of
such children'; and
(6) in subparagraph (E), by inserting before the period the following:
`, including the involvement of adult role models with disabilities at
all levels of the program'.
(b) AMENDMENTS TO SUBSECTION (b)- Section 623(b) of the Education of
the Handicapped Act (20 U.S.C. 1423(b)) is amended by adding at the
end the following: `This technical assistance development system shall
provide assistance to parents of and advocates for infants, toddlers, and
children with disabilities, as well as direct service and administrative
personnel involved with such children. Information from the system should be
aggressively disseminated through established information networks and other
mechanisms to ensure both an impact and benefits at the community level. The
Secretary shall ensure that the technical assistance provided under this
subsection includes assistance to part H State agencies on procedures for
use by primary referral sources in referring a child to the appropriate
agency within the system for evaluation, assessment, or service.'.
(c) AMENDMENTS TO SUBSECTION (c)- Section 623(c) of the Education of the
Handicapped Act (20 U.S.C. 1423(c)) is amended by adding at the end the
following: `Such institutes shall disseminate this information by utilizing
existing networks, such as the Regional and Federal Resource Centers, the
Clearinghouses, and the Technical Assistance to Parents Programs (TAPP)
assisted under parts C and D, as well as the National Diffusion Network,
the ERIC Clearinghouse on the Handicapped and Gifted, and the Child and
Adolescent Service Systems Program (CASSP) under the National Institute
of Mental Health, and other appropriate networks.'.
(d) AMENDMENTS TO SUBSECTION (d)- Section 623(d) of the Education of the
Handicapped Act (20 U.S.C. 1423(d)) is amended by inserting before the
period the following: `, including programs to integrate children with
disabilities into regular preschool programs'.
(e) AMENDMENTS TO SUBSECTION (f)- Section 623(f) of the Education of the
Handicapped Act (20 U.S.C. 1423(f)) is amended by inserting before the
period the following: `including infants and toddlers with disabilities'.

d67049db0a93db0411be2404cab3503702ab433bd5c5ad799888da8b44451bed

(a) AMENDMENTS TO SUBSECTION (a)- Section 624(a) of the Education of the
Handicapped Act (20 U.S.C. 1424(a)) is amended--
(1) in the matter preceding paragraph (1), by amending such matter to read
as follows: `The Secretary may make grants to, or enter into contracts or
cooperative agreements with, appropriate public agencies and nonprofit
organizations to address the special education, related services, and
integration needs of infants, toddlers, children, and youth with severe
disabilities through--';
(2) in paragraph (1), by inserting before the comma the following: `,
including transportation to and from school';
(3) in paragraph (3), by striking `youth, and' and inserting the
following: `youth, including training of regular teachers, instructors,
and administrators in strategies (the goal of which is to serve infants,
toddlers, children, and youth with disabilities) that include integrated
settings for educating such children along side their nondisabled peers,';
(4) in paragraph (4), by striking `children and youth.' and inserting
the following: `children and youth by utilizing existing networks, such
as the Regional and Federal Resource Centers, the Clearinghouses, and the
Technical Assistance to Parent Programs (TAPP) assisted under parts C and
D, as well as the National Diffusion Network, the ERIC Clearinghouse on
the Handicapped and Gifted, and the Child and Adolescent Service Systems
Program (CASSP) under the National Institute of Mental Health, and other
appropriate networks, and'; and
(5) by adding at the end the following new paragraph:
`(5) statewide projects, in conjunction with the State's plan under part
B, to improve the quality of special education and related services for
children and youth with severe disabilities, and to change the delivery
of those services from segregated to integrated environments.'.
(b) NEW SUBSECTION- Section 624 of the Education of the Handicapped Act
(20 U.S.C. 1424) is amended by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively, and by inserting after subsection
(a) the following new subsection:
`(b) The Secretary is authorized to make grants to, or enter into
contracts or cooperative agreeements with, public or private nonprofit
private agencies, institutions, or organizations for the development and
operation of extended school year demonstration programs for infants,
toddlers, children, and youth with severe disabilities. The Secretary may
fund grants that include participation of nondisabled infants, toddlers,
children and youth, but in such cases matching funds from a non-Federal
source from the grantee would be required.'.
(c) FURTHER NEW SUBSECTION- Section 624 of the Education of the Handicapped
Act, as amended by subsection (b) of this section, is amended by adding
at the end the following new subsection:
`(e) In awarding such grants and contracts under this section, the Secretary
shall include a priority on programs that increase the likelihood that
these children and youth will be educated with their nondisabled peers.'.

14766ce695290fc44e56353ede02e89ac9f45337f8aa7dc18640a0a2a978bbdf

(a) AMENDMENTS TO SUBSECTION (a)- Section 625(a) of the Education of the
Handicapped Act (20 U.S.C. 1424a(a)) is amended--
(1) in paragraph (1), by adding at the end the following new sentence:
`Such model programs may include joint projects that coordinate with
special education and transition services.';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking `and' after the semicolon;
(B) in subparagraph (B), by striking the period at the end and inserting
`; and'; and
(C) by adding at the end the following new subparagraph:
`(C) for outreach activities that include the provision of technical
assistance to strengthen efforts in the development, operation, and design
of model programs that are adapted to the special needs of individuals
with disabilities.'; and
(3) in paragraph (6), by striking `$2,000,000' and inserting `$4,000,000'.
(b) AMENDMENTS TO SUBSECTION (b)- Section 625(b) of the Education of the
Handicapped Act (20 U.S.C. 1424a(b)) is amended to read as follows:
`(b) For purposes of subsection (a), the term `children with disabilities'
means children--
`(1) with mental retardation, hearing impairments including deafness,
speech or language impairments, visual impairments including blindness,
serious emotional disturbance, orthopedic impairments, autism, traumatic
brain injury, other health impairments including attention deficit disorder,
or specific learning disabilities; and
`(2) who, by reason thereof, need special education and related services.'.

db49d23e5ba5a5058d453ef8c1caae7cec8ef468f961146b387649d553d18036

(a) AMENDMENTS TO SUBSECTION (a)- Section 626(a)(1) of the Education
of the Handicapped Act (20 U.S.C. 1425(a)(1)) is amended by inserting
`independent and community living,' after `continuing education,'.
(b) AMENDMENTS TO SUBSECTION (b)- Section 626(b) of the Education of the
Handicapped Act (20 U.S.C. 1425(b)) is amended--
(1) in paragraph (8), by striking `handicapped youth' and all that follows
and inserting the following: `some youth with disabilities remain to
complete school programs while others drop out,';
(2) in paragraph (9), by striking `developing' and all that follows through
`techniques' and inserting `developing curriculum and instructional
techniques in special education and related services'; and
(3) in paragraph (10)--
(A) by inserting `or adapted' after `specially designed'; and
(B) by striking ` to increase' and all that follows and inserting the
following: `to facilitate the full participation of youths with disabilities
in community programs.'.
(c) AMENDMENTS TO SUBSECTION (d)- Section 626(d)(3) of the Education of
the Handicapped Act (20 U.S.C. 1425(d)(3)) is amended by striking `to the
extent appropriate'.
(d) NEW SUBSECTION (e)- Section 626 of the Education of the Handicapped
Act (20 U.S.C. 1425) is amended by redesignating subsections (e) and (f)
as subsections (f) and (g), respectively, and by inserting after subsection
(d) the following new subsection:
`(e)(1) The Secretary shall make one-time, 5-year grants, on a competitive
basis, to States in which the State vocational rehabilitation agency and
State education agency submit a joint application to develop, implement, and
improve systems to provide transition services for youth with disabilities
from age 14 through the age they exit school.
`(2) In the case of a State whose vocational rehabilitation agency does
not participate regarding a joint application described in paragraph (1),
the Secretary may make a grant under such paragraph to the State if a joint
application for the grant is submitted by the State education agency and
one other State agency that provides transition services to individuals
who are leaving programs under this Act.
`(3) States that receive grants shall use grant funds to:
`(A) Increase the availability, access, and quality of transition assistance
through the development and improvement of policies, procedures, systems,
and other mechanisms for youth with disabilities and their families as
such youth prepare for and enter adult life.
`(B) Improve the ability of professionals, parents, and advocates to work
with such youth in ways that promote the understanding of and the capability
to successfully make the transition from `student' to `adult'.
`(C) Improve working relationships among education personnel, both within
LEAs and in postsecondary training programs, relevant State agencies,
the private sector, especially employers, rehabilitation personnel, local
and State employment agencies, local Private Industry Councils (PICS)
authorized by the Job Training Partnership Act (JTPA), and families of
students with disabilities and their advocates to identify and achieve
consensus on the general nature and specific application of transition
services to meet the needs of youth with disabilities.
`(D) Create an incentive for accessing and using the expertise and resources
of programs, projects, and activities related to transition funded through
this section and with other sources.
`(4)(A) In order to receive funding under this subsection, a State vocational
rehabilitation agency and State education agency shall describe in their
application how they will use the first year, if necessary, to plan how to
implement transition services, the second through fourth years to develop
and implement transition services, and the fifth year to evaluate transition
services. The application shall describe how the grant funds will be used
during the planning period and phased-out during the evaluation period to
ensure the continuation of transition services. Such applications shall
also include--
`(i) a description of the current availability, access, and quality of
transition services for eligible youth and a description of how, over
5 years, the State will improve and expand the availability, access,
and quality of transition services for youth with disabilities and their
families as such youth prepare for and enter adult life;
`(ii) a description of how the State will improve and increase the ability
of professionals, parents, and advocates to work with such youth in ways
that promote the understanding of and the capability to successfully make
the transition from `student' to `adult';
`(iii) a description of how the State will improve and increase
working relationships among education personnel, both within LEAs and in
postsecondary training programs, relevant State agencies, the private sector,
especially employers, rehabilitation personnel, local and State employment
agencies, local Private Industry Councils (PICS) authorized by the JTPA,
and families of students with disabilities and their advocates to identify
and achieve consensus on the general nature and specific application of
transition services to meet the needs of youth with disabilities; and
`(iv) a description of how the State will use grant funds as an incentive
for accessing and using the expertise and resources of programs, projects,
and activities related to transition funded through this section and with
other sources.
`(B) The Secretary shall give preference to those applications that, in
addition to clearly addressing the requirements under subparagraph (A),
describe how the State will--
`(i) target resources to school settings, such as providing access to
rehabilitation counselors for students with disabilities who are in school
settings;
`(ii) target a substantial amount of grant funds, received under this
subsection, to case management, program evaluation and documentation of,
and dissemination of information about, transition services;
`(iii) provide incentives for interagency and private sector resource
pooling and otherwise investing in transition services, especially in the
form of cooperative agreements, particularly with PICS authorized by the
JTPA and local branches of State employment agencies;
`(iv) provide for early, ongoing information and training for those involved
with or who could be involved with transition services--professionals,
parents, youth with disabilities, including self-advocacy training for
such youth, and advocates for such youth as well as PICS authorized by
the JTPA and local branches of State employment agencies;
`(v) provide for the early and direct involvement of all relevant parties,
including PICS authorized by the JTPA and local branches of State employment
agencies, in operating and planning improvements in transition services,
and the early and direct involvement of all relevant parties in planning
and implementing transition services for individual youth;
`(vi) provide access to training for eligible youth that matches labor
market needs in their communities;
`(vii) integrate transition services with relevant opportunities in
communities, including those sponsored by PICS authorized by the JTPA and
local employment agencies;
`(viii) use a transition services evaluation plan that is outcome oriented
and that focuses on individual youth-focused benefits; and
`(ix) ensure, that when appropriate and no later than age 22, eligible
youth who participate in transition services under this program would be
served as appropriate in the State section 110 and/or title VI, part C
program authorized under the Rehabilitation Act of 1973.'.
(e) AMENDMENTS TO FORMER SUBSECTION (e)- Section 626(f) of the Education
of the Handicapped Act, as redesignated by subsection (d) of this section,
is amended--
(1)(A) by inserting `(1)' after the subsection designation; and
(B) by adding at the end of paragraph (1) (as so designated) the following
new sentence: `Such organizations and institutions shall disseminate
such materials and information by utilizing existing networks, such as
the Regional and Federal Resource Centers, the Clearinghouses, and the
Technical Assistance to Parent Programs (TAPP) assisted under parts C and D,
as well as the National Diffusion Network, the ERIC Clearinghouses on the
Handicapped and Gifted and Languages and Linguistics, and the Child and
Adolescent Service Systems Program (CASSP) under the National Institute
of Mental Health, and other appropriate networks.';
(2) by adding after paragraph (1) (as so designated) the following new
paragraph:
`(2) The Secretary shall fund one or more demonstration models designed
to establish appropriate methods of providing, or continuing to provide,
assistive technology devices and services to secondary school students
as they make the transition to vocational rehabilitation, employment,
postsecondary education, or adult services. Such demonstration models
shall include, as appropriate--
`(A) cooperative agreements with the Rehabilitation Services Administration
and/or State vocational rehabilitation agencies that ensure continuity of
funding for assistive technology devices and services to such students; and
`(B) methods for dissemination of exemplary practices that can be adapted
or adopted by transitional programs for secondary school students with
disabilities.'; and
(3) by adding at the end the following new paragraph:
`(3)(A) The Secretary shall award one, five-year cooperative agreement
through a separate competition to an institution of higher education, or
nonprofit public or private organization. The purpose of this agreement
will be to evaluate and document the approaches and outcomes of the
project funded under subsection (e). The results of this agreement shall
be disseminated through the appropriate clearinghouses, networks, and
through direct communication with Federal, State, and local agencies.
`(B) The evaluation carried out pursuant to subparagraph (A) of transition
services under subsection (e) shall include an evaluation of--
`(i) the outcomes of the transition services provided under such subsection,
including the effect of the services regarding postsecondary education,
job training, employment, and other appropriate matters;
`(ii) the impact of including in the individualized education program
a statement of needed transition services (as required under section
602(a)(20)(D));
`(iii) the extent to which, in the provision of the transition services,
agencies are cooperating effectively, including evaluation of the extent
of coordination of the staff of the agencies, of procedures regarding
confidentiality, assessment of needs, and referrals, and coordination
regarding data bases and training;
`(iv) the extent to which obstacles exist regarding cooperation and
coordination among agencies in the provision of the transition services,
and the extent to which Federal law creates disincentives to such cooperation
and coordination; and
`(v) the extent to which the transition services have been provided in a
cost-effective manner.
`(C) The evaluation carried out pursuant to subparagraph (A) shall include
recommendations on the manner in which the program under subsection (e)
can be improved.
`(D) In the annual report required under section 618(f), the Secretary
shall include an annual report of the activities and results associated
with the agreement under subparagraph (A).'.
(f) AMENDMENTS TO FORMER SUBSECTION (f)--Section 626(g) of the Education
of the Handicapped Act, as redesignated by subsection (d) of this section,
is amended by inserting before the period the following: `, the Job Training
Partnership Act (JTPA), and the Carl D. Perkins Vocational Education Act'.

15b25f157b6fc0cc40c77da91284a222e4c874619473bad5dee23ee29adf564e

Section 627 of the Education of the Handicapped Act (20 U.S.C. 1426)
is amended to read as follows:
`PROGRAMS FOR CHILDREN AND YOUTH WITH SERIOUS EMOTIONAL DISTURBANCE
`SEC. 627. (a) The Secretary is authorized to make grants to, or enter into
contracts or cooperative agreements with, institutions of higher education,
State and local educational agencies, and other appropriate public and
private nonprofit institutions or agencies to establish projects for the
purpose of improving special education and related services to children
and youth with serious emotional disturbance. Such projects shall include--
`(1) studies regarding the present state of special education and related
services to such children and their families, including information and
data to enable assessments of the status of such services over time;
`(2) developing methodologies and curricula designed to improve special
education and related services for these children and youth;
`(3) developing and demonstrating strategies and approaches to reduce
the use of out-of-community residential programs and the increased use of
school district-based programs (which may include, but are not limited to,
day treatment programs, after-school programs, and summer programs); or
`(4) developing and demonstrating innovative approaches to assist children
with emotional and behavioral problems from developing serious emotional
disturbances that require the provision of special education and related
services.
`(b)(1) The Secretary is authorized to make grants, on a competitive
basis, to local educational agencies in collaboration with mental health
entities to provide services for children and youth with serious emotional
disturbance. Such demonstration projects shall--
`(A) increase the availability, access, and quality of community services
for such children and youth and their families;
`(B) improve working relationships among education, school, and community
mental health and other relevant personnel, families of such children and
youth, and their advocates;
`(C) target resources to school settings, such as providing access to school
and/or community mental health professionals and other community resources
for students with serious emotional disturbance who are in community school
settings; and
`(D) take into account the needs of minority children and youth in all
phases of project activity.
`(2) Funds received under this subsection may also be used to facilitate
interagency and private sector resource pooling to improve services for
such children and youth and to provide information and training for those
involved with, or who could be involved with, such children and youth.
`(c) Each project assisted under this section shall--
`(1) apply existing research outcomes from multi-disciplinary fields;
`(2) use a grant evaluation plan that is outcome-oriented and that focuses
on the benefits to individual children and youth;
`(3) report on the effectiveness of such project; and
`(4) disseminate the findings of such project, where appropriate, to
the Regional and Federal Resource Centers, the Clearinghouses, and the
Technical Assistance Parents Program (TAPP) assisted under this part and
part D, as well as the National Diffusion Network, the ERIC Clearinghouse
on the Handicapped and Gifted, and the Child and Adolescent Service System
Program (CASSP) under the National Institute of Mental Health and other
appropriate networks.'.

1a8fa2676ee2d378cbc5ffe22fee375f3c773fefc956e470b8f6f5af5fe77183

Section 628 of the Education of the Handicapped Act (20 U.S.C. 1427)
is amended to read as follows:
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 628. (a) There are authorized to be appropriated to carry out
section 621 $8,140,000 for fiscal year 1990, $8,950,000 for fiscal year
1991, $9,850,000 for fiscal year 1992, $10,830,000 for fiscal year 1993,
and $11,900,000 for fiscal year 1994.
`(b) There are authorized to be appropriated to carry out section 622
$19,900,000 for fiscal year 1990, $21,900,000 for fiscal year 1991,
$24,100,000 for fiscal year 1992, $26,500,000 for fiscal year 1993, and
$29,200,000 for fiscal year 1994.
`(c) There are authorized to be appropriated to carry out section 623
$30,140,000 for fiscal year 1990, $33,200,000 for fiscal year 1991,
$36,500,000 for fiscal year 1992, $40,120,000 for fiscal year 1993, and
$44,120,000 for fiscal year 1994.
`(d) There are authorized to be appropriated to carry out section
624 $8,700,000 for fiscal year 1990, $9,500,000 for fiscal year 1991,
$10,500,000 for fiscal year 1992, $11,600,000 for fiscal year 1993, and
$12,700,000 for fiscal year 1994.
`(e) There are authorized to be appropriated to carry out section
625 $7,300,000 for fiscal year 1990, $8,000,000 for fiscal year 1991,
$8,780,000 for fiscal year 1992, $9,660,000 for fiscal year 1993, and
$10,630,000 for fiscal year 1994.
`(f) There are authorized to be appropriated to carry out section
626 $8,900,000 for fiscal year 1990, $9,800,000 for fiscal year 1991,
$10,800,000 for fiscal year 1992, $11,900,000 for fiscal year 1993, and
$13,050,000 for fiscal year 1994.
`(g) There are authorized to be appropriated to carry out section 626(e)
$25,000,000 for fiscal year 1990, $27,500,000 for fiscal year 1991,
$30,250,000 for fiscal year 1992, $33,275,000 for fiscal year 1993, and
$36,602,000 for fiscal year 1994.
`(h) There are authorized to be appropriated to carry out section
627 $5,000,000 for fiscal year 1990, $8,000,000 for fiscal year 1991,
$10,000,000 for fiscal year 1992, $12,000,000 for fiscal year 1993, and
$15,000,000 for fiscal year 1994.'.

86042794e71fd3641a65b900fe3365b323292c4a48895ec894e23c4a4dc774f1

(a) AMENDMENTS TO SUBSECTION (a)(1)- Section 631(a)(1) of the Education
of the Handicapped Act (20 U.S.C. 1431(a)(1)) is amended--
(1) in the matter preceding subparagraph (A), by inserting after `to assist
them in' the following: `inservice and preservice training of personnel
in special education, related services, and early intervention, including';
(2) in subparagraph (A), by striking `adaptive physical education'
and insert `adapted physical education and instructional and assistive
technology services';
(3) in subparagraphs (B) through (D), by amending such subparagraphs to
read as follows:
`(B) related services to infants, toddlers, children and youth with
disabilities in educational settings, and other settings,
`(C) special education and other careers in preschool and early intervention
services for infants and toddlers with disabilities,
`(D) special education leadership, including supervision and administration
(at the advanced graduate, doctoral and post doctoral levels), special
education research, and special education personnel preparation (at the
doctoral and post doctoral levels), and'.
(b) FURTHER AMENDMENTS TO SUBSECTION (a)- Section 631(a) of the Education
of the Handicapped Act (20 U.S.C. 1431(a)) is amended--
(1) in paragraph (2)(A), after `shortages' insert `including the need
for personnel in the provision of special education to children of
limited-English proficiency';
(2) in paragraph (2)(B), by inserting before the period the following: `,
and that include in their applications a detailed description of strategies
that will be utilized to recruit and train members of minority groups and
persons with disabilities';
(3) in paragraph (3), by adding at the end the following new sentence:
`Minority students will have priority for receipt of any fellowships or
traineeships made available by the institution under grants under paragraph
(1).'; and
(4) in paragraph (4), by amending such paragraph to read as follows:
`(4) Any person receiving a fellowship under this subsection shall agree
either to repay such assistance or to work for a period equivalent to the
period of time during which such person received assistance, and such work
shall be in an activity related to programs and activities such as those
authorized under this Act. The Secretary may waive this requirement in
extraordinary circumstances.'.
(c) NEW PARAGRAPHS IN SUBSECTION (a)- Section 631(a) of the Education of
the Handicapped Act (20 U.S.C. 1431(a)) is amended by adding at the end
the following new paragraphs:
`(5) In making grants under subsection (a)(1), the Secretary may determine
that a portion of training supported through such grants be conducted
on an interdisciplinary basis, and shall be designed to assist special
educators in properly coordinating service provision with related services
personnel. Training programs funded under subsection (a)(1)(B) and (a)(1)(E)
shall require practica to demonstrate the delivery of related services in
an array of regular and special education and community settings.
`(6) The Secretary in carrying out paragraph (1) shall make grants to
Historically Black Colleges and Universities, and other institutions of
higher education whose minority student enrollment is at least 25 percent.'.
(d) AMENDMENTS TO SUBSECTION (b)- Section 631(b) of the Education of the
Handicapped Act (20 U.S.C. 1431(b)) is amended by striking `nonprofit
agencies' and all that follows and inserting the following: `nonprofit
agencies and organizations to develop and demonstrate effective ways for
preservice training programs to prepare regular educators to work with
children and youth with disabilities and their families; for training
teachers to work in community and school settings with secondary school
students with disabilities and their families; for inservice and preservice
training of personnel to work with infants, toddlers, children, and youth
with disabilities and their families; for inservice and preservice training
of personnel to work with minority infants, toddlers, children, and youth
with disabilities and their families; for preservice and inservice training
of special education and related services personnel in the use of assistive
and instructional technology to benefit infants, toddlers, children,
and youth with disabilities; and for the recruitment and retention of
special education, related services, and early intervention personnel. Both
preservice and inservice training shall include a component that addresses
the coordination among all service providers, including regular educators.'.
(e) AMENDMENTS TO SUBSECTION (c)(2)- Section 631(c)(2) of the Education
of the Handicapped Act (20 U.S.C. 1431(c)(2)) is amended--
(1) in subparagraph (A), by amending such subparagraph to read as follows:
`(A) be governed by a board of directors of which a majority of the
members are parents of infants, toddlers, children, and youth with
disabilities, particularly minority parents, and that includes members
who are professionals, especially minority professionals, in the field of
special education, early intervention, and related services, and individuals
with disabilities, or, if the nonprofit private organization does not have
such a board, such organization shall have a membership that represents the
interests of individuals with disabilities, and shall establish a special
governing committee of which a majority of the members are parents of
infants, toddlers, children, and youth with disabilities, particularly
minority parents, and which includes members who are professionals,
especially minority professionals, in the field of special education, early
intervention, and related services, to operate the training and information
program under paragraph (1), and parent and professional membership of
these boards or special governing committees shall be representative of
the proportion of minority individuals in the area;';
(2) in subparagraph (B)--
(A) by striking `children' and inserting `infants, toddlers, children,
and youth'; and
(B) by striking `handicapping' and inserting `disabling'; and
(3) in subparagraph (C), by inserting before the period the following: `,
and, for purposes of paragraph (1), network with clearinghouses, including
those established under section 633 and other organizations and agencies,
and network with other established national, State, and local parent groups
representing the full range of parents of infants, toddlers, children,
and youth with disabilities, especially minority parent groups'.
(f) AMENDMENTS TO SUBSECTION (c)(4)- Section 631(c)(4) of the Education
of the Handicapped Act (20 U.S.C. 1431(c)(4)) is amended--
(1) in subparagraph (A), by striking `States' and all that follows and
inserting the following: `States and give priority to the establishment of
5 new experimental parent training and information centers to serve large
numbers of parents of children with disabilities located in high density
areas that do not have such centers,';
(2) in subparagraph (B), by striking the period at the end and inserting
a comma; and
(3) by adding at the end the following new subparagraphs:
`(C) serve parents of minority children with disabilities representative
to the proportion of the minority population in the areas being served, and
`(D) be funded at a level adequate to serve the parents in the area.'.
(g) NEW PARAGRAPH IN SUBSECTION (c)- Section 631(c) of the Education of
the Handicapped Act (20 U.S.C. 1431(c)) is amended by adding at the end
the following new paragraph:
`(9) Effective for fiscal year 1991 and every year thereafter, the Secretary
shall obtain data concerning programs and centers assisted under this
subsection on--
`(A) the number of parents provided information and training by disability
category of their children,
`(B) the types and modes of information or training provided,
`(C) strategies used to reach and serve minority parents of infants,
toddlers, children, and youth with disabilities,
`(D) the number of parents served as a result of activities described
under clause (iii),
`(E) activities to network with other information clearinghouses and parent
groups as required in subsection (c)(2)(C), and
`(F) the number of agencies and organizations consulted with at the national,
State, regional, and local levels.
The Secretary shall include a summary of this information in the annual
report to Congress as required in section 618(g).'.
(h) FURTHER AMENDMENTS TO SUBSECTION (c)- Section 631(c) of the Education
of the Handicapped Act (20 U.S.C. 1431(c)) is amended--
(1) in paragraph (1), in the first and second sentences, by striking
`parents of handicapped children' each place such term appears and inserting
`parents of infants, toddlers, children, and youth with disabilities';
(2) in paragraph (5)--
(A) in subparagraph (E), by amending such subparagraph to read as follows:
`(E) obtain appropriate information about the range of options, programs,
services, and resources available at the national, State, and local levels
to assist infants, toddlers, children, and youth with disabilities and
their families, and'; and
(B) in subparagraph (F), by striking `handicapped' and all that follows
and inserting the following: `infants, toddlers, children, and youth with
disabilities under this Act.'; and
(3) in paragraph (7)--
(A) by striking `with appropriate agencies which' and insert the following:
`and network with appropriate national, State, regional, and local agencies
and organizations, such as protection and advocacy agencies, that'; and
(B) by striking `handicapped children and youth' and inserting `infants,
toddlers, children, and youth with disabilities and their families'.

48d7950e270eb40ab3a3deaf026b19469244e4ca658c3ba456f6fa9655fe8394

TITLE IV

-TRAINING PERSONNEL FOR THE EDUCATION OF HANDICAPPED INDIVIDUALS

TRAINEESHIPS.
Section 632(c) of the Education of the Handicapped Act (20 U.S.C. 1432(c)) is
amended by inserting before the period the following: `, and for the purpose
of assisting the State to develop and maintain its comprehensive system
of personnel development and conduct recruitment and retention activities'.

ffadeb3485abf4d8ff6990f06f5daacbdebc4a78026808e024f509d35d325145

Section 633 of the Education of the Handicapped Act (20 U.S.C. 1433)
is amended to read as follows:
`CLEARINGHOUSES
`SEC. 633. (a) The Secretary is authorized to make grants to, or enter
into contracts or cooperative agreements with, public agencies or private
nonprofit organizations or institutions for the establishment of three
national clearinghouses: on children and youth with disabilities; on
postsecondary education for individuals with disabilities; and on careers
in special education, to--
`(1) collect, develop, and disseminate information,
`(2) provide technical assistance,
`(3) conduct coordinated outreach activities,
`(4) provide for the coordination and networking with other relevant
national, State, and local organizations and information and referral
resources,
`(5) respond to individuals and organizations seeking information, and
`(6) provide for the synthesis of information for its effective utilization
by parents, professionals, individuals with disabilities, and other
interested parties.
`(b) The national clearinghouse for children and youth with disabilities
shall:
`(1) Collect and disseminate information (including the development of
materials) on characteristics of infants, toddlers, children, and youth
with disabilities and on programs, legislation, and services relating to
their education under this Act and other Federal laws.
`(2) Participate in programs and services related to disability issues for
providing outreach, technical assistance, collection, and dissemination
of information; and promoting networking of individuals with appropriate
national, State, and local agencies and organizations.
`(3) Establish a coordinated network and conduct outreach activities with
relevant Federal, State, and local organizations and other sources for
promoting public awareness of disability issues and the availability of
information, programs, and services.
`(4) Collect, disseminate, and develop information on current and future
national, Federal, regional, and State needs for providing information to
parents, professionals, individuals with disabilities, and other interested
parties relating to the education and related services of individuals
with disabilities.
`(5) Provide technical assistance to national, Federal, regional, State
and local agencies and organizations seeking to establish information and
referral services for individuals with disabilities and their families.
`(6) In carrying out the activities in this subsection, the clearinghouse
will include strategies to disseminate information to underrepresented
groups such as limited English proficiency.
`(c) The national clearinghouse on postsecondary education for individuals
with disabilities shall:
`(1) Collect and disseminate information nationally on characteristics of
individuals entering and participating in education and training programs
after high school; legislation affecting such individuals and such programs;
policies, procedures, and support services, as well as adaptations, and other
resources available or recommended to facilitate the education of individuals
with disabilities; available programs and services that include, or can be
adapted to include, individuals with disabilities; and sources of financial
aid for the education and training of individuals with disabilities.
`(2) Identify areas of need for additional information.
`(3) Develop new materials (in both print and nonprint form), especially
by synthesizing information from a variety of fields affecting disability
issues and the education, rehabilitation, and retraining of individuals
with disabilities.
`(4) Develop a coordinated network of professionals, related organizations
and associations, mass media, other clearinghouses, and governmental
agencies at the Federal, regional, State, and local level for the purposes
of disseminating information and promoting awareness of issues relevant
to the education of individuals with disabilities after high school and
referring individuals who request information to local resources.
`(5) Respond to requests from individuals with disabilities, their parents,
and professionals who work with them, for information that will enable them
to make appropriate decisions about postsecondary education and training.
`(d) The national clearinghouse designed to encourage students to seek
careers and professional personnel to seek employment in the various fields
relating to the education of children and youth with disabilities shall:
`(1) Collect and disseminate information on current and future national,
regional, and State needs for special education and related services
personnel.
`(2) Disseminate information to high school counselors and others concerning
current career opportunities in special education, location of programs,
and various forms of financial assistance (such as scholarships, stipends,
and allowances).
`(3) Identify training programs available around the country.
`(4) Establish a network among local and State educational agencies and
institutions of higher education concerning the supply of graduates and
available openings.
`(5) Provide technical assistance to institutions seeking to meet State
and professionally recognized standards.
`(e)(1) In awarding grants, contracts, and cooperative agreements under
this section, the Secretary shall give priority attention to any applicant
with demonstrated experience (at the national level) in performing the
functions established in this section; and with the ability to conduct
such projects, communicate with intended consumers of information, and
maintain the necessary communication with national, regional, State and
local agencies and organizations.
`(2) In awarding grants, contracts, and cooperative agreements under this
section, the Secretary shall give priority attention to any applicant with
demonstrated experience (at the national level) in providing informational
services to minorities and minority organizations.
`(3) The Secretary is authorized to make contracts through the clearinghouse
with profit-making organizations only when necessary for materials or
media access.
`(f)(1) Beginning in fiscal year 1991, and for each year thereafter, the
Secretary shall obtain information on each project assisted under this
section, including--
`(A) as appropriate, by disability category, the number of individuals
served, including parents, professionals, students, and individuals with
disabilities;
`(B) a description of responses utilized;
`(C) a listing of new products developed and disseminated; and
`(D) a description of strategies and activities utilized for outreach to
urban and rural areas with populations of minorities and underrepresented
and underserved groups.
`(2) A summary of the data required by this subsection shall be included
in the annual report to Congress required under section 618 of this Act.'.

731559d00a89d442330bd79a6585043135b6f13b1a3218704fd9960841696013

Section 634(a) of the Education of the Handicapped Act (20 U.S.C. 1434(a))
is amended--
(1) in paragraph (1), by striking `and' at the end;
(2) in paragraph (2), by striking the period and inserting `; and'; and
(3) by adding at the end the following new paragraph:
`(3) information required under section 631(c)(9) and section 633(f)(1).'.

0e8236fe5966f4a59810656348b6eacd9fd2e4a44cf30e1ba48c15fbfccb58dd

Section 635(a) of the Education of the Handicapped Act (20 U.S.C. 1435(a))
is amended to read as follows:
`(a)(1) There are authorized to be appropriated to carry out this part
(other than sections 631(a)(6), 631(c), and 633) $86,900,000 for fiscal year
1990, $95,600,000 for fiscal year 1991, $105,150,000 for fiscal year 1992,
$115,660,000 for fiscal year 1993, and $127,200,000 for fiscal year 1994.
`(2) There are authorized to be appropriated to carry out section 631(a)(6)
$17,500,000 for fiscal year 1990, $19,250,000 for fiscal year 1991,
$21,175,000 for fiscal year 1992, $23,292,500 for fiscal year 1993, and
$25,621,750 for fiscal year 1994.
`(3) There are authorized to be appropriated to carry out section 631(c)
$10,000,000 for fiscal year 1990, $11,000,000 for fiscal year 1991,
$12,100,000 for fiscal year 1992, $13,300,000 for fiscal year 1993, and
$14,600,000 for fiscal year 1994.
`(4) There are authorized to be appropriated to carry out section 633
$2,200,000 for fiscal year 1990, $2,420,000 for fiscal year 1991, $2,700,000
for fiscal year 1992, $2,900,000 for fiscal year 1993, and $3,200,000 for
fiscal year 1994.'.

e64a498808b042926e9473afa0d82205b29a52dd8343d2251da508cd6e9012e8

CHILDREN.
Section 641 of the Education of the Handicapped Act (20 U.S.C. 1441)
is amended to read as follows:
`IMPROVEMENT OF INSTRUCTION AND LEARNING OF CHILDREN WITH DISABILITIES
`SEC. 641. (a) The Secretary may make grants to, or enter into contracts
or cooperative agreements with, State and local educational agencies,
institutions of higher education, other public agencies and nonprofit private
organizations for the purpose of advancing and improving the knowledge base
and improve the practice of professionals, parents, and others providing
early intervention, special education, and related services, including
professionals who work with children and youth with disabilities in regular
education environments, to provide such children effective instruction
and enable them to successfully learn. The activities supported under
this section shall support innovation, development, exchange, and use of
such advancements in knowledge and practice designed to contribute to the
improvement of instruction and learning of infants, toddlers, children,
and youth with disabilities. In carrying out this section, the Secretary
may support a wide range of research and related activities designed to--
`(1) advance knowledge about the provision of instruction and other
interventions to infants, toddlers, children, and youth with disabilities
including, but not limited to--
`(A) the organization, synthesis, and interpretation of current knowledge
and the identification of knowledge gaps;
`(B) the identification of knowledge and skills competency needed by
personnel providing special education, related services, and early
intervention services;
`(C) the improvement of knowledge regarding the developmental and learning
characteristics of infants, toddlers, children, and youth with disabilities
in order to improve the design and effectiveness of interventions and
instruction;
`(D) the evaluation of approaches and interventions;
`(E) the development of instructional strategies, techniques, and activities;
`(F) the improvement of curricula and instructional tools such as textbooks,
media, materials, and instructional technology;
`(G) the development of assessment techniques, instruments (including tests,
inventories, and scales), and strategies for measurement of progress and the
identification, location, and evaluation of infants, toddlers, children,
and youth with disabilities for the purpose of determining eligibility,
program planning and placement for special education, related services
and early intervention services. Particular attention should be given to
the development of alternative assessment procedures and processes for
minority individuals and those with limited English proficiency;
`(H) the testing of research findings in practice settings to determine
their application, usability, effectiveness, and generalizability;
`(I) the identification of environmental, organizational, resource, and
other conditions necessary for effective professional practice; and
`(J) the improvement of knowledge regarding families, minorities,
limited-English proficiency, and handicapping conditions; and
`(2) advance the utilization of knowledge by professionals and others
providing special education, related services, and early intervention
including, but not limited to--
`(A) the improvement of knowledge regarding how professionals and others
providing special education, related services, and early intervention learn
new knowledge and skills and strategies for effectively facilitating such
learning in both preservice and in-service education;
`(B) the organization, integration, and presentation of knowledge so that
it can be incorporated and imparted in personnel preparation and continuing
education programs and other relevant training and communication vehicles;
and
`(C) the expansion and improvement of networks that exchange knowledge and
practice information, such as the Regional and Federal Resource Centers,
the Clearinghouses, and the Technical Assistance to Parents Programs
(TAPP) assisted under parts C and D of this Act, as well as the National
Diffusion Network, the ERIC Clearinghouse on the Handicapped and Gifted,
and the Child and Adolescent Service Systems Program (CASSP) under the
National Institute of Mental Health, and other appropriate networks.
`(b) In carrying out subsection (a), the Secretary shall consider the
special education, related services, or early intervention and research
experience of applicants.
`(c) The Secretary shall publish proposed priorities under this part in
the Federal Register every 2 years, not later than July 1, and shall allow
a period of 60 days for public comments and suggestions. After analyzing
and considering the public comments, the Secretary shall publish final
priorities in the Federal Register not later than 60 days after the close
of the comment period.
`(d) The Secretary shall provide an index (including the title of each
project and the name and address of the funded organization) of all projects
conducted under this part in the prior fiscal year in the annual report
described under section 618. The Secretary shall make reports of projects
available to the education community at large and to other interested
parties.
`(e)(1) The Secretary shall make grants, or enter into contracts or
cooperative agreements, for the establishment of model demonstration
programs, of which some will be school-based models, that provide the
services of an ombudsman to assist in resolving problems that are barriers
to appropriate educational, related services, or other services for children
and youth with disabilities.
`(2) Programs under paragraph (1) shall provide or identify personnel to
assist children and youth with disabilities, their parents or guardians,
special and regular education teachers, State and local education
administrators, and related services personnel to resolve problems in a
timely manner through dispute mediation and other methods, notwithstanding
due process procedures, in order to further the delivery of appropriate
education and related services. Participation in this program does not
preclude or delay due process under this Act.
`(3) Ombudsman services for programs under paragraph (1) shall be provided by
social workers, parent advocates, psychologists, and persons with similar
qualifications designated by the Secretary.'.

9bb406c72d7274f7b98799fd9c08fc6170095fec08bfb5f81e918337ca514967

TITLE V

-RESEARCH IN EDUCATION OF HANDICAPPED INDIVIDUALS

RECREATION FOR HANDICAPPED CHILDREN.
Section 642 of the Education of the Handicapped Act (20 U.S.C. 1442) is
amended by striking `recreation for handicapped children' each place such
term appears and inserting `recreation for children with disabilities,
including therapeutic recreation'.

f3d57d7bb979339511f942f3e1756edb52d56e77127cb0d72944c958a3631fd9

Part E of the Education of the Handicapped Act (20 U.S.C. 1441 et seq.) is
amended by striking section 643 and by redesignating section 644 as
section 643.

f01e561d332a8b4744a513c76a5638d6340b2a85b4824409b4de9766b0ac6fbe

Section 643 of the Education of the Handicapped Act, as redesignated by
section 503 of this Act, is amended to read as follows:
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 643. For purposes of carrying out this part, there are authorized to
be appropriated $22,100,000 for fiscal year 1990, $24,300,000 for fiscal
year 1991, $26,800,000 for fiscal year 1992, $29,400,000 for fiscal year
1993, and $32,400,000 for fiscal year 1994.'.

c361f78d688aa7eb21f974448a6295b263ac81f21fbf9dac2cf2426851f952a8

Section 651 of the Education of the Handicapped Act (20 U.S.C. 1451)
is amended--
(1) by striking the subsection designation;
(2) in paragraph (1)--
(A) in subparagraph (A), by inserting `and television programs' after
`those films';
(B) in subparagraph (B), by inserting ` and television programs' after
`these films';
(C) by striking `and' after the semicolon at the end of subparagraph (B); and
(D) by adding at the end the following new subparagraph:
`(D) utilizing educational media to help eliminate illiteracy among
individuals with disabilities;';
(3) by striking the period at the end of paragraph (2) and inserting `;
and'; and
(4) by adding at the end the following new paragraph:
`(3) the general welfare of visually impaired individuals by--
`(A) bringing to such individuals an understanding and appreciation of
textbooks, films, television programs, video material, and other educational
publications and materials that play such an important part in the general
and cultural advancement of visually unimpaired individuals; and
`(B) ensuring access to television programming and other video materials.'.

61098b1214cdb6814bc447a760ef7fd22d523c87d6c3f15a49f91df5bb5f1c91

TITLE VI

-INSTRUCTIONAL MEDIA FOR HANDICAPPED INDIVIDUALS

Section 652 of the Education of the Handicapped Act (20 U.S.C. 1452)
is amended--
(1) in the heading for such section, by inserting `, TELEVISION, DESCRIPTIVE
VIDEO,' after `FILMS';
(2) in subsection (a), by inserting `, descriptive video' after `captioned
films';
(3) in subsection (b)--
(A) in paragraph (3), by striking `captioning of films' and inserting
`captioning for the hearing impaired, and video description for the visually
impaired, of films, television programs, and video materials'; and
(B) in paragraph (4)--
(i) by striking `captioned films' and inserting `captioned and
video-described films, video materials,'; and
(ii) inserting `or entities' after `agencies';
(4) in subsection (c)(3), by inserting `, educational, and social' after
`cultural'; and
(5) by adding at the end the following new subsection:
`(d)(1) The Secretary is authorized to make a grant to, or enter into a
contract with, Recording for the Blind, Inc., for the purpose of providing
current, free textbooks and other educational publications and materials
to blind and other print-handicapped students in elementary, secondary,
postsecondary, and graduate schools and other institutions of higher
education through the medium of transcribed tapes and cassettes.
`(2) For the purpose of this subsection, the term `print-handicapped'
refers to any individual who is blind or severely visually impaired, or
who, by reason of a physical or perceptual disability, is unable to read
printed material unassisted.'.

bf88fab11d1b0a0da7bff8b6c8bc61dd86372c7bc142f4b54299adaf7517bf74

Section 653 of the Education of the Handicapped Act (20 U.S.C. 1454)
is amended to read as follows:
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 653. (a) For the purpose of carrying out section 652 (other than
subsection (d)), there are authorized to be appropriated $18,200,000 for
fiscal year 1990, $20,010,000 for fiscal year 1991, $22,010,000 for fiscal
year 1992, $24,200,000 for fiscal year 1993, and $26,600,000 for fiscal
year 1994.
`(b) For the purpose of carrying out section 652(d), there are authorized
to be appropriated such sums as may be necessary for each of the fiscal
years 1990 through 1994.'.
INDIVIDUALS

e3d9f848430ac0a9f5d3cc931abe9fab79dfd712a672e818d4f1c9730f0de465

Section 661 of the Education of the Handicapped Act (20 U.S.C. 1461)
is amended--
(1) in the matter preceding paragraph (1), in the first sentence, by
striking `provision of early intervention' and inserting `provision of
related services and early intervention services';
(2) in paragraph (1)--
(A) by inserting `assistive technology,' after `technology,'; and
(B) by striking `more effectively' and inserting `most effectively,
efficiently, and appropriately';
(3) in paragraphs (2) through (4), by striking `new technology,' each
place such term appears and inserting `technology, assistive technology,';
(4) in paragraph (4), by inserting before the period at the end the
following: `, where appropriate, to the Regional and Federal Resource
Centers, the Clearinghouses, and the Technical Assistance to Parents
Programs (TAPP) assisted under parts C and D, as well as the National
Diffusion Network, the ERIC Clearinghouse on the Handicapped and Gifted,
and the Child and Adolescent Service Systems Program (CASSP) under the
National Institute of Mental Health, and other appropriate networks';
(5)(A) by striking `and' at the end of paragraph (3);
(B) by striking the period at the end of paragraph (4) and inserting `,
and'; and
(C) by adding at the end the following new paragraph:
`(5) examining how these purposes can address the problem of illiteracy
among individuals with disabilities.'; and
(6) by inserting `(a)' after the section designation and by adding at the
end the following new subsection:
`(b)(1) With respect to new technology, media, and materials utilized with
funds under this part to improve the education of students with disabilities,
the Secretary shall make efforts to ensure that such instructional materials
are closed-captioned.
`(2) The Secretary may not award a grant, contract, or cooperative agreement
under paragraphs (1) through (4) of subsection (a) unless the applicant
for such assistance agrees that activities carried out with the assistance
will be coordinated, as appropriate, with the State entity receiving funds
under title I of Public Law 100-407.'.

02a5632928a24b7e9fdda0d09ec253353e515648edf0cb669b07b516b84977c1

TITLE VII

-TECHNOLOGY, EDUCATIONAL MEDIA, AND MATERIALS FOR HANDICAPPED

Section 662 of the Education of the Handicapped Act (20 U.S.C. 1462)
is amended to read as follows:
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 662. For the purpose of carrying out this part, there are authorized
to be appropriated $12,130,000 for fiscal year 1990, $13,300,000 for fiscal
year 1991, $14,700,000 for fiscal year 1992, $16,140,000 for fiscal year
1993, and $17,800,000 for fiscal year 1994.'.

19614ad7e3829b899ffda91aa41bd1d010e61f2606e8186b45e979aeebd5ec22

Section 672(2)(E) of the Education of the Handicapped Act (20
U.S.C. 1472(2)(E)) is amended--
(1) by striking `and' after the comma at the end of clause (ix) and inserting
`and' after the comma at the end of clause (x); and
(2) by adding at the end the following new clause:
`(xi) social work services,'.

ff7a917a1b0052820cecdbd43889a7c7323fe1159a93199bef0653ecca8925cf

TITLE VIII

-HANDICAPPED INFANTS AND TODDLERS

Section 676(b) of the Education of the Handicapped Act (20 U.S.C. 1476(b))
is amended--
(1) in paragraph (6), by inserting before the comma the following: `,
including the preparation and dissemination by the lead agency to all
primary referral sources of information materials for families on the
availability of early intervention services';
(2) in paragraph (8), by inserting before the comma the following:
`, including training of primary referral sources respecting the basic
components of early intervention services available in the State'; and
(3)(A) by striking `and' at the end of paragraph (13), and by striking
the period at the end of paragraph (14) and inserting `, and'; and
(B) by adding at the end the following new paragraph:
`(15) procedures for determining the extent to which primary referral
sources, especially hospitals and physicians, disseminate information on
the availability of early intervention services as required under paragraph
(6) to parents of infants with disabilities.'.

b6be08fd7152a4fa3825f4432e26b973076f2a882eb7aab7abcb6f9e79a2c3de

(a) REVISION IN SHORT TITLE- Section 601(a) of the Education of the
Handicapped Act (20 U.S.C. 1400(a)) is amended by striking `This title'
and all that follows and inserting the following: `This title may be cited
as the `Individuals With Disabilities Education Act'.'.
(b) CONFORMING AMENDMENTS- The Individuals With Disabilities Education Act
(as so redesignated by subsection (a)) is amended--
(1) by striking `handicapped children and youth' each place such terms
appear and inserting `children and youth with disabilities';
(2) by striking `handicapped child or youth' each place such terms appear
and inserting `child or youth with disabilities';
(3) by striking `handicapped children', `Handicapped children', `HANDICAPPED
CHILDREN', and `HANDICAPPED CHILDREN' each place such terms appear and
inserting `children with disabilities', `Children with disabilities',
`CHILDREN WITH DISABILITIES', and `CHILDREN WITH DISABILITIES', respectively;
(4) by striking `handicapped child' and `Handicapped child' each place
such terms appear and inserting `child with disabilities' and `Child with
disabilities', respectively ;
(5) by striking `handicapped youth', `Handicapped youth', `HANDICAPPED
YOUTH', and `HANDICAPPED YOUTH' each place such terms appear and inserting
`youth with disabilities', `Youth with disabilities', `YOUTH WITH
DISABILITIES' and `YOUTH WITH DISABILITIES' , respectively ;
(6) by striking `handicapped infants and toddlers', `Handicapped infants
and toddlers', `HANDICAPPED INFANTS AND TODDLERS', and `HANDICAPPED INFANTS
AND TODDLERS' each place such terms appear and inserting `infants and
toddlers with disabilities', `Infants and toddlers with disabilities',
`INFANTS AND TODDLERS WITH DISABILITIES', and `INFANTS AND TODDLERS WITH
DISABILITIES', respectively ;
(7) by striking `handicapped infant or toddler' and `Handicapped infant
or toddler' each place such terms appear and inserting `infant or toddler
with disabilities' and `Infant or toddler with disabilities', respectively ;
(8) by striking `handicapped student', `Handicapped student', `handicapped
students', `handicapped students', and `Handicapped students' each place
such terms appear and inserting `student with disabilities', `Student with
disabilities', `students with disabilities', `students' with disabilities',
and `Students with disabilities', respectively;
(9) by striking `handicapped individuals', `Handicapped individuals',
`HANDICAPPED INDIVIDUALS', and `HANDICAPPED INDIVIDUALS' each place such
terms appear and inserting `individuals with disabilities', `Individuals
with disabilities', `INDIVIDUALS WITH DISABILITIES', and `INDIVIDUALS WITH
DISABILITIES', respectively ;
(10) by striking `handicapped individual' and `Handicapped individual'
each place such terms appear and inserting `individual with one or more
disabilities' and `Individual with one or more disabilities', respectively ;
(11) by striking `handicapped', `Handicapped' (other than where such term
appears in a reference to another Act), `HANDICAPPED', and `HANDICAPPED'
each place such terms appear and inserting `disabled', `Disabled',
`DISABLED', and `DISABLED', respectively;
(12) by striking `handicaps' and `Handicaps' each place such terms appear
and inserting `disabilities' and `Disabilities', respectively;
(13) by striking `handicap' and `Handicap' each place such terms appear
and inserting `disability' and `Disability', respectively; and
(14) by striking `handicapping' and `Handicapping' each place such terms
appear and inserting `disabling' and `Disabling', respectively.

ee15804996f2e6232973fbe564bb61e2d0db0abe7fad4acaea227d3661438ddc

TITLE IX

-TECHNICAL AMENDMENTS

The amendments made by this Act shall take effect October 1, 1990, or upon
the date of the enactment of this Act, whichever occurs later.
Amend the title so as to read: `A bill to amend the Education of the
Handicapped Act to revise and extend the programs established in parts C
through G of such Act, and for other purposes.'.
Attest:
Clerk.
S 1824 EAH----2
S 1824 EAH----3
S 1824 EAH----4
S 1824 EAH----5
S 1824 EAH----6
S 1824 EAH----7

5d019ce157444cdadec5e8f371e6173537df1dcefd3154175589d8b9855cb83a

Education of the Handicapped Act Amendments of 1990

Other Sections