S. 1248: DRAFT REDLINE

Part D, and the changes to Title II of the Rehabilitation Act

This is from a redline comparing the bill reported out by the Senate HELP Committee on Nov. 4, 2003 to the bill the Committee approved in June 2003. We cannot say that this is perfect and we haven=t checked it manually and it remains a draft. This portion consists of Part D and the changes to Title II of the Rehabilitation Act (the end part of S. 1248). However, for those folks who want to know about Part D.

PART D --NATIONAL ACTIVITIES TO IMPROVE

EDUCATION OF CHILDREN WITH DISABILITIES

SEC. 650. FINDINGS.

Congress finds the following:

(1) The Federal Government has an ongoing obligation to support activities that contribute to positive results for children with disabilities, enabling them to lead productive and independent adult lives.

(2) Systemic change benefiting all students, including children with disabilities, requires the involvement of States, local educational agencies, parents, individuals with disabilities and their families, teachers and other service providers, and other interested individuals and organizations to develop and implement comprehensive strategies that improve educational results for children with disabilities.

(3) State educational agencies, in partnership with local educational agencies, parents of children with disabilities, and other individuals and organizations, are in the best position to improve education for children with disabilities and to address their special needs.

(4) An effective educational system serving students with disabilities should --

(A) maintain high academic achievement standards and clear performance goals for children with disabilities, consistent with the standards and expectations for all students in the educational system, and provide for appropriate and effective strategies and methods to ensure that all children with disabilities have the opportunity to achieve those standards and goals;

(B) clearly define, in objective, measurable terms, the school and post-school results that children with disabilities are expected to achieve; and

(C) promote transition services as described in section 602(33) and coordinate State and local education, social, health, mental health, and other services, in addressing the full range of student needs, particularly the needs of children with disabilities who need significant levels of support to participate and learn in school and the community.

(5) The availability of an adequate number of qualified personnel is critical to serve effectively children with disabilities, to assume leadership positions in administration and direct services, to provide teacher training, and to conduct high quality research to improve special education.

(6) High quality, comprehensive professional development programs are essential to ensure that the persons responsible for the education or transition of children with disabilities possess the skills and knowledge necessary to address the educational and related needs of those children.

(7) Models of professional development should be scientifically based and reflect successful practices, including strategies for recruiting, preparing, and retaining personnel.

(8) Continued support is essential for the development and maintenance of a coordinated and high quality program of research to inform successful teaching practices and model curricula for educating children with disabilities.

(9) A comprehensive research agenda should be established and pursued to promote the highest quality and rigor in special education research, and to address the full range of issues facing children with disabilities, parents of children with disabilities, school personnel, and others.

(10) Training, technical assistance, support, and dissemination activities are necessary to ensure that parts B and C are fully implemented and achieve high quality early intervention, educational, and transitional results for children with disabilities and their families.

(11) Parents, teachers, administrators, and related services personnel need technical assistance and information in a timely, coordinated, and accessible manner in order to improve early intervention, educational, and transitional services and results at the State and local levels for children with disabilities and their families.

(12) Parent training and information activities assist parents of a child with a disability in dealing with the multiple pressures of parenting such a child and are of particular importance in --

(A) playing a vital role in creating and preserving constructive relationships between parents of children with disabilities and schools by facilitating open communication between the parents and schools; encouraging dispute resolution at the earliest possible point in time; and discouraging the escalation of an adversarial process between the parents and schools;

(B) ensuring the involvement of parents in planning and decisionmaking with respect to early intervention, educational, and transitional services;

(C) achieving high quality early intervention, educational, and transitional results for children with disabilities;

(D) providing such parents information on their rights, protections, and responsibilities under this Act to ensure improved early intervention, educational, and transitional results for children with disabilities;

(E) assisting such parents in the development of skills to participate effectively in the education and development of their children and in the transitions described in section 673(b)(6);

(F) supporting the roles of such parents as participants within partnerships seeking to improve early intervention, educational, and transitional services and results for children with disabilities and their families; and

(G) supporting such parents who may have limited access to services and supports, due to economic, cultural, or linguistic barriers.

(13) Support is needed to improve technological resources and integrate technology, including universally designed technologies, into the lives of children with disabilities, parents of children with disabilities, school personnel, and others through curricula, services, and assistive technologies.

Subpart 1 --State Personnel Preparation and Professional Development Grants

SEC. 651. PURPOSE; DEFINITION; PROGRAM AUTHORITY.

(a) Purpose.PURPOSE- The purpose of this subpart is to assist State educational agencies in reforming and improving their systems for personnel preparation and professional development in early intervention, educational, and transition services in order to improve results for children with disabilities.

(b) Definition.DEFINITION- In this subpart, the term `personnel' means special education teachers, regular education teachers, principals, administrators, related services personnel, paraprofessionals, and early intervention personnel serving infants, toddlers, preschoolers, or children with disabilities, except where a particular category of personnel, such as related services personnel, is identified.

(c) Competitive Grants.COMPETITIVE GRANTS-

(1) In general.N GENERAL- Except as provided in subsection (d), for any fiscal year for which the amount appropriated under section 655, that remains after the Secretary reserves funds under subsection (e) for the fiscal year, is less than $100,000,000, the Secretary shall award grants, on a competitive basis, to State educational agencies to carry out the activities described in the State plan submitted under section 653.

(2) Priority.PRIORITY- In awarding grants under paragraph (1), the Secretary may give priority to State educational agencies that --

(A) are in States with the greatest personnel shortages; or

(B) demonstrate the greatest difficulty meeting the requirements of section 612(a)(14).

(3) Minimum.MINIMUM- The Secretary shall make a grant to each State educational agency selected under paragraph (1) in an amount for each fiscal year that is --

(A) not less than $500,000, nor more than $4,000,000, in the case of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; and

(B) not less than $80,000 in the case of an outlying area.

(4) Increases.INCREASES- The Secretary may increase the amounts under in paragraph (3) to account for inflation.

(5) Factors.FACTORS- The Secretary shall set the amount of each grant under paragraph (1) after considering --

(A) the amount of funds available for making the grants;

(B) the relative population of the State or outlying area;

(C) the types of activities proposed by the State or outlying area;

(D) the alignment of proposed activities with section 612(a)(14);

(E) the alignment of proposed activities with the State plans and applications submitted under sections 1111 and 2112, respectively, of the Elementary and Secondary Education Act of 1965; and

(F) the use, as appropriate, of scientifically based activities.

(d) Formula Grants.FORMULA GRANTS-

(1) In general.N GENERAL- Except as provided in paragraphs (2) and (3), for the first fiscal year for which the amount appropriated under section 655, that remains after the Secretary reserves funds under subsection (e) for the fiscal year, is equal to or greater than $100,000,000, and for each fiscal year thereafter, the Secretary shall allot to each State educational agency, whose application meets the requirements of this subpart, an amount that bears the same relation to the amount appropriated as the amount the State received under section 611(d) for that fiscal year bears to the amount of funds received by all States (whose applications meet the requirements of this subpart) under section 611(d) for that fiscal year.

(2) Minimum allotments for states that received competitive grants.

(A) In general.MINIMUM ALLOTMENTS FOR STATES THAT RECEIVED COMPETITIVE GRANTS-

(A) IN GENERAL- The amount allotted under this subsection to any State that received a competitive multi-year grant under subsection (c) for which the grant period has not expired shall be at least the amount specified for that fiscal year in the State's grant award document under that subsection.

(B) Special rule.SPECIAL RULE- Each such State shall use the minimum amount described in subparagraph (A) for the activities described in its competitive grant award document for that year, unless the Secretary approves a request from the State to spend the funds on other activities.

(3) Minimum allotment.MINIMUM ALLOTMENT- The amount of any State educational agency's allotment under this subsection for any fiscal year shall not be less than --

(A) the greater of $500,000 or 1/2 of 1 percent of the total amount available under this subsection for that year, in the case of each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; and

(B) $80,000, in the case of an outlying area.

(e) CONTINUATION AWARDS-

(1) IN GENERAL- Notwithstanding any other provision of this subpart, from funds appropriated under section 655 for each fiscal year, the Secretary shall reserve the amount that is necessary to make a continuation award to any State (at the request of the State) that received a multi-year award under this part (as this part was in effect on the day before the date of enactment of the Individuals with Disabilities Education Improvement Act of 2003), to enable the State to carry out activities in accordance with the terms of the multi-year award.

(2) PROHIBITION- A State that receives a continuation award under paragraph (1) for any fiscal year may not receive any other award under this subpart for that fiscal year.

SEC. 652. ELIGIBILITY AND COLLABORATIVE PROCESS.

(a) Eligible Applicants.ELIGIBLE APPLICANTS- A State educational agency may apply for a grant under this subpart for a grant period of not less than 1 year and not more than 5 years.

(b) Partners.PARTNERS-

(1) In general.N GENERAL- In order to be considered for a grant under this subpart, a State educational agency shall establish a partnership with local educational agencies and other State agencies involved in, or concerned with, the education of children with disabilities, including institutions of higher education and the State agencies responsible for administering part C, child care, and vocational rehabilitation programs.

(2) Other partners.OTHER PARTNERS- In order to be considered for a grant under this subpart, a State educational agency shall work in partnership with other persons and organizations involved in, and concerned with, the education of children with disabilities, which may include --

(A) the Governor;

(B) parents of children with disabilities ages birth through 26;

(C) parents of nondisabled children ages birth through 26;

(D) individuals with disabilities;

(E) parent training and information centers or community parent resource centers funded under sections 671 and 672, respectively;

(F) community based and other nonprofit organizations involved in the education and employment of individuals with disabilities;

(G) general and special education teachers, paraprofessionals, related services personnel, and early intervention personnel as defined in section 651(b);

(H) the State advisory panel established under part B;

(I) the State interagency coordinating council established under part C;

(J) individuals knowledgeable about vocational education;

(K) the State agency for higher education;

(L) public agencies with jurisdiction in the areas of health, mental health, social services, and juvenile justice;

(M) other providers of professional development that work with infants, toddlers, preschoolers, and children with disabilities; and

(N) other individuals.

(3) REQUIRED PARTNER- If State law assigns responsibility for teacher preparation and certification to an individual, entity, or agency other than the State educational agency, the State educational agency shall--

(A) include that individual, entity, or agency as a partner in the partnership under this subsection; and

(B) ensure that any activities the State will carry out under this subpart that are within that partner's jurisdiction (which may include activities described in section 654(b)) are carried out by that partner.

SEC. 653. APPLICATIONS.

(a) In General.N GENERAL-

(1) Submission.SUBMISSION- A State educational agency that desires to receive a grant under this subpart shall submit to the Secretary an application at such time, in such manner, and including such information as the Secretary may require.

(2) State plan.STATE PLAN- The application shall include a plan that identifies and addresses the State and local needs for the personnel preparation and professional development of administrators, principals, and teachers, as well as individuals who provide direct supplementary aids and services to children with disabilities, and that --

(A) is designed to enable the State to meet the requirements of section 612(a)(14) and section 635(a) (8) and (9);

(B) is based on an assessment of State and local needs that identifies critical aspects and areas in need of improvement related to the preparation, ongoing training, and professional development of personnel that serve infants, toddlers, preschoolers, and children with disabilities within the State, including --

(i) current and anticipated personnel vacancies and shortages; and

(ii) the number of preservice programs; and

(C) is integrated and aligned, to the maximum extent possible, with State plans and activities under the Elementary and Secondary Education Act of 1965, the Rehabilitation Act of 1973, and the Higher Education Act of 1965.

(3) Requirement.REQUIREMENT- The State application shall contain an assurance that the State educational agency will carry out each of the strategies described in subsection (b)(4).

(b) Elements of State Personnel Preparation and Professional Development Plan.ELEMENTS OF STATE PERSONNEL PREPARATION AND PROFESSIONAL DEVELOPMENT PLAN- Each professional development plan under subsection (a)(2) shall --

(1) describe a partnership agreement that is in effect for the period of the grant, which agreement shall specify --

(A) the nature and extent of the partnership described in section 652(b) and the respective roles of each member of the partnership, including the partner described in section 652(b)(3) if applicable; and

(B) how the State will work with other persons and organizations involved in, and concerned with, the education of children with disabilities, including the respective roles of each of the persons and organizations;

(2) describe how the strategies and activities described in paragraph (4) will be coordinated with other public resources (including part B and part C funds retained for use at the State level for personnel and professional development purposes) and private resources;

(3) describe how the State will align its professional development plan under this subpart with the plan and application submitted under sections 1111 and 2112, respectively, of the Elementary and Secondary Education Act of 1965;

(4) describe what strategies the State will use to address the professional development and personnel needs identified under subsection (a)(2) and how those strategies will be implemented, including --

(A) a description of the preservice and inservice programs and activities to be supported under this subpart that will provide personnel with the knowledge and skills to meet the needs of, and improve the performance and achievement of, infants, toddlers, preschoolers, and children with disabilities~~; and

(B) how such strategies shall be integrated, to the maximum extent possible, with other activities supported by grants funded under this part, including those under section 664;

(5) provide an assurance that the State will provide technical assistance to local educational agencies to improve the quality of professional development available to meet the needs of personnel who serve children with disabilities;

(6) provide an assurance that the State will provide technical assistance to entities that provide services to infants and toddlers with disabilities to improve the quality of professional development available to meet the needs of personnel serving such children;

(7) describe how the State will recruit and retain highly qualified teachers and other qualified personnel in geographic areas of greatest need;

(8) describe the steps the State will take to ensure that poor and minority children are not taught at higher rates by teachers who are not highly qualified; and

(9) describe how the State will assess, on a regular basis, the extent to which the strategies implemented under this subpart have been effective in meeting the performance goals described in section 612(a)(15).

(c) Peer Review.PEER REVIEW-

(1) In general.N GENERAL- The Secretary shall use a panel of experts who are competent, by virtue of their training, expertise, or experience, to evaluate applications for grants under section 651(c)(1).

(2) Composition of panel.COMPOSITION OF PANEL- A majority of a panel described in paragraph (1) shall be composed of individuals who are not employees of the Federal Government.

(3) Payment of fees and expenses of certain members.PAYMENT OF FEES AND EXPENSES OF CERTAIN MEMBERS- The Secretary may use available funds appropriated to carry out this subpart to pay the expenses and fees of panel members who are not employees of the Federal Government.

(d) Reporting Procedures.REPORTING PROCEDURES- Each State educational agency that receives a grant under this subpart shall submit annual performance reports to the Secretary. The reports shall describe the progress of the State in implementing its plan and analyze the effectiveness of the State's activities under this subpart.

SEC. 654. USE OF FUNDS.

(a) Professional Development Activities.PROFESSIONAL DEVELOPMENT ACTIVITIES- A State educational agency that receives a grant under this subpart shall use the grant funds to support activities in accordance with the State's plan described in section 653, including 1 or more of the following:

(1) Carrying out programs that provide support to both special education and regular education teachers of children with disabilities and principals, such as programs that --

(A) provide teacher mentoring, team teaching, reduced class schedules and case loads, and intensive professional development; and

(B) use standards or assessments for guiding beginning teachers that are consistent with challenging State student academic achievement and functional standards and with the requirements for professional development as defined in section 9101(34) of the Elementary and Secondary Education Act of 1965.

(2) Encouraging and supporting the training of special education and regular education teachers and administrators to effectively use and integrate technology --

(A) into curricula and instruction, including training to improve the ability to collect, manage, and analyze data to improve teaching, decisionmaking, school improvement efforts, and accountability;

(B) to enhance learning by children with disabilities; and

(C) to effectively communicate with parents.

(3) Providing professional development activities that --

(A) improve the knowledge of special education and regular education teachers concerning --

(i) the academic and developmental or functional needs of students with disabilities; or

(ii) effective instructional strategies, methods, and skills, and the use of State academic content standards and student academic achievement and functional standards, and State assessments, to improve teaching practices and student academic achievement;

(B) improve the knowledge of special education and regular education teachers and principals and, in appropriate cases, paraprofessionals, concerning effective instructional practices and that --

(i) provide training in how to teach and address the needs of children with different learning styles and children with limited English proficiency;

(ii) involve collaborative groups of teachers and administrators;

(iii) provide training in methods of --

(I) positive behavioral interventions and supports to improve student behavior in the classroom;

(II) scientifically based reading instruction, including early literacy instruction;

(III) early and appropriate interventions to identify and help children with disabilities;

(IV) effective instruction for children with low incidence disabilities;

(V) successful transitioning to postsecondary opportunities; and

(VI) using classroom-based techniques to assist children prior to referral for special education;

(iv) provide training to enable personnel to work with and involve parents in their child's education, including parents of low income and limited English proficient children with disabilities;

(v) provide training for special education personnel and regular education personnel in planning, developing, and implementing effective and appropriate IEPs; and

(vi) providing training to meet the needs of students with significant health, mobility, or behavioral needs prior to serving such students; and

(C) train administrators, principals, and other relevant school personnel in conducting effective IEP meetings.

(4) Developing and implementing initiatives to promote the recruitment and retention of highly qualified special education teachers, particularly initiatives that have been proven effective in recruitment and retaining highly qualified teachers, including programs that provide --

(A) teacher mentoring from exemplary special education teachers, principals, or superintendents;

(B) induction and support for special education teachers during their first 3 years of employment as teachers; or

(C) incentives, including financial incentives, to retain special education teachers who have a record of success in helping students with disabilities.

(5) Carrying out programs and activities that are designed to improve the quality of personnel who serve children with disabilities, such as --

(A) innovative professional development programs (which may be provided through partnerships that include institutions of higher education), including programs that train teachers and principals to integrate technology into curricula and instruction to improve teaching, learning, and technology literacy, which professional development shall be consistent with the definition of professional development described in section 9101(34) of the Elementary and Secondary Education Act of 1965; and

(B) the development and use of proven, cost effective strategies for the implementation of professional development activities, such as through the use of technology and distance learning.

(b) Other Activities.6) Carrying out programs and activities that are designed to improve the quality of early intervention personnel, including paraprofessionals and primary referral sources, such as--

(A) professional development programs to improve the delivery of early intervention services;

(B) initiatives to promote the recruitment and retention of early intervention personnel; and

(C) interagency activities to ensure that personnel are adequately prepared and trained.

(b) OTHER ACTIVITIES- A State educational agency that receives a grant under this subpart shall use the grant funds to support activities in accordance with the State's plan described in section 653, including 1 or more of the following:

(1) Reforming special education and regular education teacher certification (including recertification) or licensing requirements to ensure that --

(A) special education and regular education teachers have --

(i) the training and information necessary to address the full range of needs of children with disabilities across disability categories; and

(ii) the necessary subject matter knowledge and teaching skills in the academic subjects that they teach;

(B) special education and regular education teacher certification (including recertification) or licensing requirements are aligned with challenging State academic content standards; and

(C) special education and regular education teachers have the subject matter knowledge and teaching skills, including technology literacy, necessary to help students with disabilities meet challenging State student academic achievement and functional standards.

(2) Programs that establish, expand, or improve alternative routes for State certification of special education teachers for highly qualified individuals with a baccalaureate or master's degree, including mid-career professionals from other occupations, paraprofessionals, and recent college or university graduates with records of academic distinction who demonstrate the potential to become highly effective special education teachers.

(3) Teacher advancement initiatives for special education teachers that promote professional growth and emphasize multiple career paths (such as paths to becoming a career teacher, mentor teacher, or exemplary teacher) and pay differentiation.

(4) Developing and implementing mechanisms to assist local educational agencies and schools in effectively recruiting and retaining highly qualified special education teachers.

(5) Reforming tenure systems, implementing teacher testing for subject matter knowledge, and implementing teacher testing for State certification or licensing, consistent with title II of the Higher Education Act of 1965.

(6) Funding projects to promote reciprocity of teacher certification or licensing between or among States for special education teachers, except that no reciprocity agreement developed under this paragraph or developed using funds provided under this subpart may lead to the weakening of any State teaching certification or licensing requirement.

(7) Developing or assisting local educational agencies to serve children with disabilities through the development and use of proven, innovative strategies to deliver intensive professional development programs that are both cost effective and easily accessible, such as strategies that involve delivery through the use of technology, peer networks, and distance learning.

(8) Developing, or assisting local educational agencies in developing, merit based performance systems, and strategies that provide differential and bonus pay for special education teachers.

(9) Supporting activities that ensure that teachers are able to use challenging State academic content standards and student academic and functional achievement standards, and State assessments for all children with disabilities, to improve instructional practices and improve the academic achievement of children with disabilities.

(10) When applicable, coordinating with, and expanding centers established under, section 2113(c)(18) of the Elementary and Secondary Education Act of 1965 to benefit special education teachers.

(c) Contracts and Subgrants.CONTRACTS AND SUBGRANTS- Each such State educational agency --

(1) shall award contracts or subgrants to local educational agencies, institutions of higher education, parent training and information centers, or community parent resource centers, as appropriate, to carry out its State plan under this subpart; and

(2) may award contracts and subgrants to other public and private entities, including the lead agency under part C, to carry out such plan.

(d) Use of Funds for Professional Development.SE OF FUNDS FOR PROFESSIONAL DEVELOPMENT- A State educational agency that receives a grant under this subpart shall use --

(1) not less than 75 percent of the funds the State educational agency receives under the grant for any fiscal year for activities under subsection (a); and

(2) not more than 25 percent of the funds the State educational agency receives under the grant for any fiscal year for activities under subsection (b).

(e) Grants to Outlying Areas.GRANTS TO OUTLYING AREAS- Public Law 95 09134-134, permitting the consolidation of grants to the outlying areas, shall not apply to funds received under this subpart.

SEC. 655. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this subpart such sums as may be necessary for each of the fiscal years 2004 through 2009.

Subpart 2 --Scientifically Based Research, Technical Assistance, Model Demonstration Projects, and Dissemination of Information

SEC. 660. PURPOSE.

The purpose of this subpart is --

(1) to provide Federal funding for scientifically based research, technical assistance, model demonstration projects, and information dissemination to improve early intervention, educational, and transitional results for children with disabilities; and

(2) to assist State educational agencies and local educational agencies in improving their education systems.

SEC. 661. ADMINISTRATIVE PROVISIONS.

(a) Comprehensive Plan.COMPREHENSIVE PLAN-

(1) In general.N GENERAL- After receiving input from interested individuals with relevant expertise, the Secretary shall develop and implement a comprehensive plan for activities carried out under this subpart (other than activities assisted under sections 6625 and 665subpart 3) in order to enhance the provision of early intervention, educational, related and transitional services to children with disabilities under parts B and C. The plan shall be coordinated with the plan developed pursuant to section 662(d)177(c) of the Education Sciences Reform Act of 2002 and shall include mechanisms to address early intervention, educational, related service and transitional needs identified by State educational agencies in applications submitted for State Personnel and Professional Development grants under subpart 1 and for grants under this subpart.

(2) Public comment.PUBLIC COMMENT- The Secretary shall provide a public comment period of at least 60 days on the plan.

(3) Distribution of funds.DISTRIBUTION OF FUNDS- In implementing the plan, the Secretary shall, to the extent appropriate, ensure that funds are awarded to recipients under this subpart, subpart 3, and subpart 4 to carry out activities that benefit, directly or indirectly, children with the full range of disabilities and of all ages.

(4) Reports to congress.REPORTS TO CONGRESS- The Secretary shall annually report to Congress on the Secretary's activities under this subpart, subpart 3, and subpart 4, including an initial report not later than 12 months after the date of enactment of the Individuals with Disabilities Education Improvement Act of 2003.

(b) Eligible Applicants.ELIGIBLE APPLICANTS-

(1) In general.N GENERAL- Except as otherwise provided in this subpart, the following entities are eligible to apply for a grant, contract, or cooperative agreement under this subpart:

(A) A State educational agency.

(B) A local educational agency.

(C) A public charter school that is a local educational agency under State law.

(D) An institution of higher education.

(E) Any other public agency.

(F) A private nonprofit organization.

(G) An outlying area.

(H) An Indian tribe or a tribal organization (as defined under section 4 of the Indian Self-Determination and Education Assistance Act).

(I) A for-profit organization.

(2) Special rule.SPECIAL RULE- The Secretary may limit the entities eligible for an award of a grant, contract, or cooperative agreement to 1 or more categories of eligible entities described in paragraph (1).

(c) Special Populations.SPECIAL POPULATIONS-

(1) Application requirement.APPLICATION REQUIREMENT- In making an award of a grant, contract, or cooperative agreement under this subpart, subpart 3, and subpart 4, the Secretary shall, as appropriate, require an applicant to meet the criteria set forth by the Secretary under this subpart and demonstrate how the applicant will address the needs of children with disabilities from minority backgrounds.

(2) Outreach and technical assistance.OUTREACH AND TECHNICAL ASSISTANCE- Notwithstanding any other provision of this Act other than paragraph (1), the Secretary shall reserve at least 1 percent of the total amount of funds made available to carry out this subpart, subpart 3, or subpart 4 for 1 or both of the following activities:

(A) To provide outreach and technical assistance to Historically Black Colleges and Universities, and to institutions of higher education with minority enrollments of at least 25 percent, to promote the participation of such colleges, universities, and institutions in activities under this subpart.

(B) To enable Historically Black Colleges and Universities, and the institutions described in subparagraph (A), to assist other colleges, universities, institutions, and agencies in improving educational and transitional results for children with disabilities.

(C) Reservation of funds. The Secretary may reserve funds made available under this subpart to satisfy the requirements of subparagraphs (A) and (B).

(d) Priorities.PRIORITIES- The Secretary, in making an award of a grant, contract, or cooperative agreement under this subpart, subpart 3, or subpart 4, may, without regard to the rulemaking procedures under section 553(a) of title 5, United States Code, limit competitions to, or otherwise give priority to --

(1) projects that address 1 or more --

(A) age ranges;

(B) disabilities;

(C) school grades;

(D) types of educational placements or early intervention environments;

(E) types of services;

(F) content areas, such as reading; or

(G) effective strategies for helping children with disabilities learn appropriate behavior in the school and other community based educational settings;

(2) projects that address the needs of children based on the severity or incidence of their disability;

(3) projects that address the needs of --

(A) low achieving students;

(B) underserved populations;

(C) children from low income families;

(D) limited English proficient children;

(E) unserved and underserved areas;

(F) rural or urban areas;

(G) children whose behavior interferes with their learning and socialization;

(H) children with reading difficulties; or

(I) children in charter schools; or

(J) children who are gifted and talented;

(4) projects to reduce inappropriate identification of children as children with disabilities, particularly among minority children;

(5) projects that are carried out in particular areas of the country, to ensure broad geographic coverage;

(6) projects that promote the development and use of universally designed technologies, assistive technology devices, and assistive technology services to maximize children with disabilities' access to and participation in the general education curriculum; and

(7) any activity that is authorized in this subpart or subpart 3.

(e) Applicant and Recipient Responsibilities.

(1) Development and assessment of projects.APPLICANT AND RECIPIENT RESPONSIBILITIES-

(1) DEVELOPMENT AND ASSESSMENT OF PROJECTS- The Secretary shall require that an applicant for, and a recipient of, a grant, contract, or cooperative agreement for a project under this subpart, subpart 3, or subpart 4--

(A) involve individuals with disabilities or parents of individuals with disabilities ages birth through 26 in planning, implementing, and evaluating the project; and

(B) where appropriate, determine whether the project has any potential for replication and adoption by other entities.

(2) Additional responsibilities.ADDITIONAL RESPONSIBILITIES- The Secretary may require a recipient of a grant, contract, or cooperative agreement under this subpart, subpart 3, or subpart 4 to --

(A) share in the cost of the project;

(B) prepare any findings and products from the project in formats that are useful for specific audiences, including parents, administrators, teachers, early intervention personnel, related services personnel, and individuals with disabilities;

(C) disseminate such findings and products; and

(D) collaborate with other such recipients in carrying out subparagraphs (B) and (C).

(f) Application Management.APPLICATION MANAGEMENT-

(1) Standing panel.STANDING PANEL-

(A) In general.N GENERAL- The Secretary shall establish and use a standing panel of experts who are competent, by virtue of their training, expertise, or experience, to evaluate applications under this subpart (other than applications for assistance under sections 662 andsection 665), subpart 3, and subpart 4 that, individually, request more than $75,000 per year in Federal financial assistance.

(B) Membership.MEMBERSHIP- The standing panel shall include, at a minimum --

(i) individuals who are representatives of institutions of higher education that plan, develop, and carry out high quality programs of personnel preparation;

(ii) individuals who design and carry out scientifically based research targeted to the improvement of special education programs and services;

(iii) individuals who have recognized experience and knowledge necessary to integrate and apply scientifically based research findings to improve educational and transitional results for children with disabilities;

(iv) individuals who administer programs at the State or local level in which children with disabilities participate;

(v) individuals who prepare parents of children with disabilities to participate in making decisions about the education of their children;

(vi) individuals who establish policies that affect the delivery of services to children with disabilities;

(vii) parents of children with disabilities ages birth through 26 who are benefiting, or have benefited, from coordinated research, personnel preparation, and technical assistance; and

(viii) individuals with disabilities.

(C) Term.TERM- Unless approved by the Secretary due to extenuating circumstances related to shortages of experts in a particular area of expertise or for a specific competition, no individual shall serve on the standing panel for more than 3 consecutive years.

(2) Peer review panels for particular competitions.PEER REVIEW PANELS FOR PARTICULAR COMPETITIONS-

(A) Composition.COMPOSITION- The Secretary shall ensure that each sub panel selected from the standing panel that reviews applications under this subpart (other than sections 662 andsection 665), subpart 3, and subpart 4 includes --

(i) individuals with knowledge and expertise on the issues addressed by the activities authorized by the relevant subpart; and

(ii) to the extent practicable, parents of children with disabilities ages birth through 26, individuals with disabilities, and persons from diverse backgrounds.

(B) Federal employment limitation.FEDERAL EMPLOYMENT LIMITATION- A majority of the individuals on each sub panel that reviews an application under this subpart (other than an application under sections 662 andsection 665), subpart 3, and subpart 4 shall be individuals who are not employees of the Federal Government.

(3) Use of discretionary funds for administrative purposes.

(A) Expenses and fees of non-federal panel members.USE OF DISCRETIONARY FUNDS FOR ADMINISTRATIVE PURPOSES-

(A) EXPENSES AND FEES OF NON-FEDERAL PANEL MEMBERS- The Secretary may use funds made available under this subpart, subpart 3, and subpart 4 to pay the expenses and fees of the panel members who are not officers or employees of the Federal Government.

(B) Administrative support.ADMINISTRATIVE SUPPORT- The Secretary may use not more than 1 percent of the funds made available to carry out this subpart, subpart 3, or subpart 4 to pay non-Federal entities for administrative support related to management of applications submitted under this subpart.

(4) Availability of certain products.AVAILABILITY OF CERTAIN PRODUCTS- The Secretary shall ensure that recipients of grants, cooperative agreements, or contracts under this subpart, subpart 3, and subpart 4 make available in formats that are accessible to individuals with disabilities any products developed under such grants, cooperative agreements, or contracts that the recipient is making available to the public.

(g) Program Evaluation.PROGRAM EVALUATION- The Secretary may use funds made available to carry out this subpart, subpart 3, and subpart 4 to evaluate activities carried out under this subpart.

(h) Minimum Funding Required.MINIMUM FUNDING REQUIRED-

(1) In general.N GENERAL- Subject to paragraph (2), the Secretary shall ensure that, for each fiscal year, at least the following amounts are provided under this subpart and subpart 3 to address the following needs:

(A) $12,832,000 to address the educational, related services, transitional, and early intervention needs of children with deaf-blindness.

(B) $4,000,000 to address the postsecondary, vocational, technical, continuing, and adult education needs of individuals with deafness.

(C) $4,000,000 to address the educational, related services, and transitional needs of children with an emotional disturbance and those who are at risk of developing an emotional disturbance.

(2) Ratable reduction.RATABLE REDUCTION- If the total amount appropriated to carry out sections 662, 664, and 674this subpart, subpart 3, and part E of the Education Sciences Reform Act of 2002 for any fiscal year is less than $130,000,000, the amounts listed in paragraph (1) shall be ratably reduced.

(i) Eligibility for Financial Assistance.ELIGIBILITY FOR FINANCIAL ASSISTANCE- No State or local educational agency, or other public institution or agency, may receive a grant or enter into a contract or cooperative agreement under this subpart that relates exclusively to programs, projects, and activities pertaining to children aged 3 through 5, inclusive, unless the State is eligible to receive a grant under section 619(b).

SEC. 662. RESEARCH COORDINATION TO IMPROVE RESULTS FOR CHILDREN WITH DISABILITIES.

The Secretary shall coordinate research carried out under this subpart with research carried out under part E of the Education Sciences Reform Act of 2002.

SEC. 663. TECHNICAL ASSISTANCE, DEMONSTRATION PROJECTS, DISSEMINATION OF INFORMATION, AND IMPLEMENTATION OF SCIENTIFICALLY BASED RESEARCH.

(a) In General.N GENERAL- From amounts made available under section 675, the Secretary, on a competitive basis, shall award grants to, or enter into contracts or cooperative agreements with, eligible entities to provide technical assistance, carry out model demonstration projects, disseminate useful information, and implement activities that are supported by scientifically based research.

(b) Required Activities.REQUIRED ACTIVITIES- The Secretary shall support activities to improve services provided under this Act, including the practices of professionals and others involved in providing such services to children with disabilities, that promote academic achievement and functional performance to improve educational results and functional outcomes for children with disabilities through --

(1) implementing effective strategies that are conducive to learning and for addressing inappropriate behavior of students with disabilities in schools, including strategies to prevent children with emotional and behavioral problems from developing emotional disturbances that require the provision of special education and related services;

(2) improving the alignment, compatibility, and development of valid and reliable assessment methods, including alternate assessment methods and evaluation methods, for assessing adequately yearly progress as described in section 1111(b)(2) of the Elementary and Secondary Education Act of 1965;

(3) providing information to both regular education teachers and special education teachers to address the different learning styles and disabilities of students;

(4) disseminating information on innovative, effective, and efficient curricula, materials (including those that are universally designed), instructional approaches, and strategies that --

(A) support effective transitions between educational settings or from school to post-school settings;

(B) support effective inclusion of students with disabilities in general education settings, especially students with low-incidence disabilities; and

(C) improve educational and transitional results at all levels of the educational system in which the activities are carried out and, in particular, that improve the progress of children with disabilities, as measured by assessments within the general education curriculum involved; and

(5) demonstrating and applying scientifically-based findings to facilitate systematic changes related to the provision of services to children with disabilities.

(c) Authorized Activities.AUTHORIZED ACTIVITIES- Activities that may be carried out under this section include activities to improve services provided under this Act, including the practices of professionals and others involved in providing such services to children with disabilities, that promote increased academic achievement and enhanced functional outcomes to improve results for children with disabilities through --

(1) supporting and promoting the coordination of early intervention, education, and transitional services for children with disabilities with services provided by health, rehabilitation, and social service agencies;

(2) promoting improved alignment and compatibility of general and special education reforms concerned with curriculum and instructional reform, and evaluating of such reforms;

(3) enabling professionals, parents of children with disabilities, and other persons, to learn about, and implement, the findings of scientifically based research and effective practices relating to the provision of services to children with disabilities;

(4) disseminating information relating to successful approaches to overcoming systemic barriers to the effective and efficient delivery of early intervention, educational, and transitional services, to personnel who provide services to children with disabilities;

(5) assisting States and local educational agencies with the process of planning systemic changes that will promote improved early intervention, educational, and transitional results for children with disabilities;

(6) promoting change through a multi-State or regional framework that benefits States, local educational agencies, and other participants in partnerships that are in the process of achieving systemic change;

(7) focusing on the needs and issues that are specific to a population of children with disabilities, such as providing single-State and multi-State technical assistance and in-service training --

(A) to schools and agencies serving deaf-blind children and their families;

(B) to programs and agencies serving other groups of children with low-incidence disabilities and their families; and

(C) to address the postsecondary education needs of individuals who are deaf or hard-of-hearing; and

(D) to schools and personnel providing special education and related services for children with autism spectrum disorders;

(8) demonstrating models of personnel preparation to ensure appropriate placements and services for all students with disabilities and to reduce disproportionality in eligibility, placement, and disciplinary actions for minority and limited English proficient children: and

(9) disseminating information on how to reduce racial and ethnic disproportionalities.

(d) Balance Among Disabilities and Age Ranges.BALANCE AMONG DISABILITIES AND AGE RANGES- In carrying out this section, the Secretary shall ensure that there is an appropriate balance across all age ranges and disabilities.

(e) Linking States to Information Sources.LINKING STATES TO INFORMATION SOURCES- In carrying out this section, the Secretary may support projects that link States to technical assistance resources, including special education and general education resources, and may make research and related products available through libraries, electronic networks, parent training projects, and other information sources.

(f) Applications.APPLICATIONS-

(1) In general.N GENERAL- An eligible entity that desires to receive a grant, or to enter into a contract or cooperative agreement, under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

(2) Contents.CONTENTS- The Secretary may, as appropriate, require eligible entities to demonstrate that the projects described in their applications are supported by scientifically based research that has been carried out in conjunction with the standards for the conduct and evaluation of all research and development established by the National Center for Education Research under sections 133 and 134 of the Education Sciences Reform Act of 2002.

(3) Priority.PRIORITY- As appropriate, the Secretary shall give priority to applications that propose to serve teachers and school personnel directly in the school environment or that strengthen State and local agency capacity to improve instructional practices of personnel to improve educational results for children with disabilities in the school environment.

SEC. 664. PERSONNEL DEVELOPMENT TO IMPROVE SERVICES AND RESULTS FOR CHILDREN WITH DISABILITIES.

(a) In General.N GENERAL- The Secretary, on a competitive basis, shall award grants to, or enter into contracts or cooperative agreements with, eligible entities for 1 or more of the following:

(1) To help address State identified needs for highly qualified personnel in special education, related services, early intervention, transition, and regular education, to work with children with disabilities, consistent with the needs identified in the State plan described in section 653(a)(2) andfor highly qualified personnel, as defined in section 651(b), to work with infants, toddlers, or children with disabilities, consistent with the standards described in section 612(a)(14).

(2) To ensure that those personnel have the necessary skills and knowledge, derived from practices that have been determined, through scientifically based research, to be successful in serving those children.

(3) To encourage increased focus on academics and core content areas in special education personnel preparation programs.

(4) To ensure that regular education teachers have the necessary skills and knowledge to provide instruction to students with disabilities in the regular education classroom.

(5) To ensure that all special education teachers are highly qualified.

(6) To ensure that preservice and in-service personnel preparation programs include training in --

(A) the use of new technologies;

(B) the area of early intervention, educational, and transition services;

(C) effectively involving parents; and

(D) positive behavioral supports.

(7) To provide high-quality professional development for principals, superintendents, and other administrators, including training in --

(A) instructional leadership;

(B) behavioral supports in the school and classroom;

(C) paperwork reduction;

(D) promoting improved collaboration between special education and general education teachers;

(E) assessment and accountability;

(F) ensuring effective learning environments; and

(G) fostering positive relationships with parents.

(b) Personnel DevelopmentPERSONNEL DEVELOPMENT; Authorized Activities.AUTHORIZED ACTIVITIES-

(1) In general.N GENERAL- In carrying out this section, the Secretary shall support activities to prepare personnel, including activities for the preparation of personnel who will serve children with high-incidence and low-incidence disabilities, consistent with the objectives described in subsection (a).

(2) Authorized activities.AUTHORIZED ACTIVITIES- Activities that may be carried out under this subsection include the following:

(A) Supporting collaborative personnel preparation activities undertaken by institutions of higher education, local educational agencies, and other local entities --

(i) to improve and reform their existing programs, to support effective existing programs, to support the development of new programs, and to prepare teachers, principals, administrators, and related services personnel --

(I) to meet the diverse needs of children with disabilities for early intervention, educational, and transitional services; and

(II) to work collaboratively in regular classroom settings; and

(ii) to incorporate best practices and scientifically based research about preparing personnel --

(I) so the personnel will have the knowledge and skills to improve educational results for children with disabilities; and

(II) to implement effective teaching strategies and interventions to prevent the misidentification, overidentification, or underidentification of children as having a disability, especially minority and limited English proficient children.

(B) Developing, evaluating, and disseminating innovative models for the recruitment, induction, retention, and assessment of highly qualified teachers to reduce teachers shortages in personnel.

(C) Providing continuous personnel preparation, training, and professional development designed to provide support and ensure retention of teachers and personnel who teach and provide related services to children with disabilities.

(D) Developing and improving programs for paraprofessionals to become special education teachers, related services personnel, and early intervention personnel, including interdisciplinary training to enable the paraprofessionals to improve early intervention, educational, and transitional results for children with disabilities.

(E) Demonstrating models for the preparation of, and interdisciplinary training of, early intervention, special education, and general education personnel, to enable the personnel to acquire the collaboration skills necessary to work within teams and to improve results for children with disabilities, particularly within the general education curriculum.

(F) Promoting effective parental involvement practices to enable the personnel to work with parents and involve parents in the education of such parents' children.

(G) Promoting the transferability, across State and local jurisdictions, of licensure and certification of teachers, principals, and administrators working with such children.

(H) Developing and disseminating models that prepare teachers with strategies, including positive behavioral interventions, for addressing the conduct of children with disabilities that impedes their learning and that of others in the classroom.

(I) Developing and improving programs to enhance the ability of general education teachers, principals, school administrators, and school board members to improve results for children with disabilities.

(J) Supporting institutions of higher education with minority enrollments of at least 25 percent for the purpose of preparing personnel to work with children with disabilities.

(K) Preparing personnel to work in high need elementary schools and secondary schools, including urban schools, rural schools, and schools operated by an entity described in section 7113(d)(1)(A)(ii) of the Elementary and Secondary Education Act of 1965, and schools that serve high numbers or percentages of limited English proficient children.

(L) Developing, evaluating, and disseminating innovative models for the recruitment, induction, retention, and assessment of new, highly qualified teachers, especially from groups that are underrepresented in the teaching profession, including individuals with disabilities.

(c) Low Incidence Disabilities; Authorized Activities.

(1) In general.M) Developing and improving programs to train special education teachers to develop an expertise in autism spectrum disorders.

(c) LOW INCIDENCE DISABILITIES; AUTHORIZED ACTIVITIES-

(1) IN GENERAL- In carrying out this section, the Secretary shall support activities, consistent with the objectives described in subsection (a), that benefit children with low incidence disabilities.

(2) Authorized activities.AUTHORIZED ACTIVITIES- Activities that may be carried out under this subsection include activities such as the following:

(A) Preparing persons who --

(i) have prior training in educational and other related service fields; and

(ii) are studying to obtain degrees, certificates, or licensure that will enable the persons to assist children with low incidence disabilities to achieve the objectives set out in their individualized education programs described in section 614(d), or to assist infants and toddlers with low incidence disabilities to achieve the outcomes described in their individualized family service plans described in section 636.

(B) Providing personnel from various disciplines with interdisciplinary training that will contribute to improvement in early intervention, educational, and transitional results for children with low incidence disabilities.

(C) Preparing personnel in the innovative uses and application of technology, including universally designed technologies, assistive technology devices, and assistive technology services --

(i) to enhance learning by children with low incidence disabilities through early intervention, educational, and transitional services; and

(ii) to improve communication with parents.

(D) Preparing personnel who provide services to visually impaired or blind children to teach and use Braille in the provision of services to such children.

(E) Preparing personnel to be qualified educational interpreters, to assist children with low incidence disabilities, particularly deaf and hard of hearing children in school and school related activities, and deaf and hard of hearing infants and toddlers and preschool children in early intervention and preschool programs.

(F) Preparing personnel who provide services to children with significant cognitive disabilities and children with multiple disabilities.

(3) Definition.DEFINITION- As used in this section, the term `low incidence disability' means --

(A) a visual or hearing impairment, or simultaneous visual and hearing impairments;

(B) a significant cognitive impairment; or

(C) any impairment for which a small number of personnel with highly specialized skills and knowledge are needed in order for children with that impairment to receive early intervention services or a free appropriate public education.

(4) Selection of recipients.SELECTION OF RECIPIENTS- In selecting recipients under this subsection, the Secretary may give preference to eligible entities submitting applications that include 1 or more of the following:

(A) A proposal to prepare personnel in more than 1 low incidence disability, such as deafdeafness and blindness.

(B) A demonstration of an effective collaboration with an eligible entity and a local educational agency that promotes recruitment and subsequent retention of highly qualified personnel to serve children with disabilities.

(5) Preparation in use of braille.PREPARATION IN USE OF BRAILLE- The Secretary shall ensure that all recipients of assistance under this subsection who will use that assistance to prepare personnel to provide services to visually impaired or blind children that can appropriately be provided in Braille will prepare those individuals to provide those services in Braille.

(d) Leadership PreparationLEADERSHIP PREPARATION; Authorized Activities.AUTHORIZED ACTIVITIES-

(1) In general.N GENERAL- In carrying out this section, the Secretary shall support leadership preparation activities that are consistent with the objectives described in subsection (a).

(2) Authorized activities.AUTHORIZED ACTIVITIES- Activities that may be carried out under this subsection include activities such as the following:

(A) Preparing personnel at the graduate, doctoral, and postdoctoral levels of training to administer, enhance, or provide services to improve results for children with disabilities.

(B) Providing interdisciplinary training for various types of leadership personnel, including teacher preparation faculty, administrators, researchers, supervisors, principals, related services personnel, and other persons whose work affects early intervention, educational, and transitional services for children with disabilities.

(e) Enhanced Support and Training for Beginning Special Educators; Authorized Activities.

(1) In general.ENHANCED SUPPORT AND TRAINING FOR BEGINNING SPECIAL EDUCATORS; AUTHORIZED ACTIVITIES-

(1) IN GENERAL- In carrying out this section, the Secretary shall support personnel preparation activities that are consistent with the objectives described in subsection (a).

(2) Authorized activities.AUTHORIZED ACTIVITIES- Activities that may be carried out under this subsection include --

(A) enhancing and restructuring an existing program or developing a preservice teacher education program, to prepare special education teachers, at colleges or departments of education within the institution of higher education, by incorporating an additional 5th year clinical learning opportunity, field experience, or supervised practicum into a program of preparation and coursework for special education teachers; or

(B) Creating or supporting professional development schools that provide --

(i) high quality mentoring and induction opportunities with ongoing support for beginning special education teachers; or

(ii) inservice professional development to veteran special education teachers through the ongoing exchange of information and instructional strategies.

(3) Eligible partnerships.ELIGIBLE PARTNERSHIPS- Eligible recipients of assistance under this subsection are partnerships --

(A) that shall consist of --

(i) 1 or more institutions of higher education with special education personnel preparation programs; and

(ii) 1 or more local educational agencies; and

(iii) in the case of activities assisted under paragraph (2)(B), an elementary school or secondary school; and

(B) that may include other entities eligible for assistance under this part, such as a State educational agency.

(4) Priority.PRIORITY- In awarding grants or entering into contracts or cooperative agreements under this subsection, the Secretary shall give priority to partnerships that include local educational agencies that serve --

(A) high numbers or percentages of low-income students; or

(B) schools that have failed to make adequate yearly progress toward enabling children with disabilities to meet academic achievement standards.

(f) Training To Support General Educators; Authorized Activities.

(1) In general.TRAINING TO SUPPORT GENERAL EDUCATORS; AUTHORIZED ACTIVITIES-

(1) IN GENERAL- In carrying out this section, the Secretary shall support personnel preparation activities that are consistent with the objectives described in subsection (a).

(2) Authorized activities.AUTHORIZED ACTIVITIES- Activities that may be carried out under this subsection include --

(A) high quality professional development for general educators that develops the knowledge and skills, and enhances the ability, of general educators to --

(i) use classroom-based techniques to identify students who may be eligible for special education services, and deliver instruction in a way that meets the individualized needs ~ofof children with disabilities through appropriate supports, accommodations, and curriculum modifications;

(ii) use classroom-based techniques, such as scientifically based reading instruction;

(iii) work collaboratively with special education teachers and related services personnel;

(iv) implement strategies, such as positive behavioral interventions --

(I) to address the behavior of children with disabilities that impedes the learning of such children and others; or

(II) to prevent children from being misidentified as children with disabilities;

(v) prepare children with disabilities to participate in statewide assessments (with or without accommodations) and alternate assessments, as appropriate;

(vi) develop effective practices for ensuring that all children with disabilities are a part of all accountability systems under the Elementary and Secondary Education Act of 1965;

(vii) work with and involve parents of children with disabilities in their child's education;

(viii) understand how to effectively construct IEPs, participate in IEP meetings, and implement IEPs; and

(ix) in the case of principals and superintendents, be instructional leaders and promote improved collaboration between general educators, special education teachers, and related services personnel; and

(B) release and planning time for the activities described in this subsection.

(3) Eligible partnerships.ELIGIBLE PARTNERSHIPS- Eligible recipients of assistance under this subsection are partnerships --

(A) that consist of --

(i) 1 or more institutions of higher education with special education personnel preparation programs; and

(ii) 1 or more local educational agencies; and

(B) that may include other entities eligible for assistance under this part, such as a State educational agency.

(g) Applications.APPLICATIONS-

(1) In general.N GENERAL- Any eligible entity that desires to receive a grant, or enter into a contract or cooperative agreement, under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

(2) Identified state needs.IDENTIFIED STATE NEEDS-

(A) Requirement to address identified needs.REQUIREMENT TO ADDRESS IDENTIFIED NEEDS- Any application under subsection (b), (c), (d), (e), or (f) shall include information demonstrating to the satisfaction of the Secretary that the activities described in the application will address needs identified by the State or States the applicant proposes to serve, consistent with the needs identified in the State plan described in section 653(a)(2).

(B) Cooperation with state educational agencies.COOPERATION WITH STATE EDUCATIONAL AGENCIES- Any applicant that is not a local educational agency or a State educational agency shall include in the application information demonstrating to the satisfaction of the Secretary that the applicant and 1 or more State educational agencies or local educational agencies have engaged in a cooperative effort to carry out and monitor the project to be assisted.

(3) Acceptance by states of personnel preparation requirements.ACCEPTANCE BY STATES OF PERSONNEL PREPARATION REQUIREMENTS- The Secretary may require applicants to provide assurances from 1 or more States that such States intend to accept successful completion of the proposed personnel preparation program as meeting State personnel standards for serving children with disabilities or serving infants and toddlers with disabilities.

(h) Selection of Recipients.SELECTION OF RECIPIENTS-

(1) Impact of project.IMPACT OF PROJECT- In selecting award recipients under this section, the Secretary shall consider the impact of the proposed project described in the application in meeting the need for personnel identified by the States.

(2) Requirement for applicants to meet state and professional standards.REQUIREMENT FOR APPLICANTS TO MEET STATE AND PROFESSIONAL STANDARDS- The Secretary shall make grants and enter into contracts and cooperative agreements under this section only to eligible applicants that meet State and professionally recognized standards for the preparation of special education and related services personnel, if the purpose of the project is to assist personnel in obtaining degrees.

(3) Preferences.PREFERENCES- In selecting recipients under this section, the Secretary may give preference to institutions of higher education that are --

(A) educating regular education personnel to meet the needs of children with disabilities in integrated settings;

(B) educating special education personnel to work in collaboration with regular educators in integrated settings; and

(C) successfully recruiting and preparing individuals with disabilities and individuals from groups that are underrepresented in the profession for which the institution of higher education is preparing individuals.

(i) Service Obligation.SERVICE OBLIGATION- Each application for funds under subsections (b), (c), (d), and (e) shall include an assurance that the applicant will ensure that individuals who receive assistance under the proposed project will subsequently provide special education and related services to children with disabilities for a period of 1 year for every year for which assistance was received, or repay all or part of the cost of that assistance, in accordance with regulations issued by the Secretary.

(j) Scholarships.SCHOLARSHIPS- The Secretary may include funds for scholarships, with necessary stipends and allowances, in awards under subsections (b), (c), (d), and (e).

(k) Definitions. In this section the term `personnel' means special education teachers, general education teachers, principals, administrators, related services personnel, paraprofessionals, and early intervention personnel serving infants, toddlers, preschoolers, or children with disabilities.

(l) Authorization of Appropriations.AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2004 through 2009.

SEC. 665. STUDIES AND EVALUATIONS.

(a) Studies and Evaluations.STUDIES AND EVALUATIONS-

(1) Delegation.DELEGATION- The Secretary shall delegate to the Director of the Institute for Education Sciences responsibility to carry out this section, other than subsections (d) and (f).

(2) Assessment.ASSESSMENT- The Secretary shall, directly or through grants, contracts, or cooperative agreements awarded on a competitive basis, assess the progress in the implementation of this Act, including the effectiveness of State and local efforts to provide --

(A) a free appropriate public education to children with disabilities; and

(B) early intervention services to infants and toddlers with disabilities, and infants and toddlers who would be at risk of having substantial developmental delays if early intervention services were not provided to them.

(b) National Assessment.NATIONAL ASSESSMENT-

(1) In general.N GENERAL- The Secretary shall carry out a national assessment of activities carried out with Federal funds under this Act in order --

(A) to determine the effectiveness of this Act in achieving its purposes;

(B) to provide timely information to the President, Congress, the States, local educational agencies, and the public on how to implement this Act more effectively; and

(C) to provide the President and Congress with information that will be useful in developing legislation to achieve the purposes of this Act more effectively.

(2) Consultation.CONSULTATION- The Secretary shall plan, review, and conduct the national assessment under this subsection in consultation with researchers, State practitioners, local practitioners, parents of children with disabilities, and other appropriate individuals.

(3) Scope of assessment.SCOPE OF ASSESSMENT- The national assessment shall assess the --

(A) implementation of programs assisted under this Act and the impact of those programs on addressing the developmental, educational, and transitional needs of, and improving the academic achievement and functional outcomes of, children with disabilities to enable the children to reach challenging developmental goals and challenging State academic content standards based on State academic assessments, including alternate assessments;

(B) types of programs and services that have demonstrated the greatest likelihood of helping students reach the challenging State academic content standards and developmental goals;

(C) implementation of the personanel preparation and professional development activities assisted under this Act and the impact on instruction, student academic achievement, and teacher qualifications to enhance the ability of special education teachers and regular education teachers to improve results for children with disabilities; and

(D) effectiveness of schools, local educational agencies, States, and other recipients of assistance under this Act, in achieving the purposes of this Act in --

(i) improving the academic achievement of children with disabilities and their performance on regular statewide assessments, and the performance of children with disabilities on alternate assessments;

(ii) improving the participation rate of children with disabilities in the general education curriculum;

(iii) improving the transitions of children with disabilities at natural transition points;

(iv) placing and serving children with disabilities, including minority children, in the least restrictive environment appropriate;

(v) preventing children with disabilities, especially children with emotional disturbances and specific learning disabilities, from dropping out of school;

(vi) addressing the reading and literacy needs of children with disabilities;

(vii) coordinating services provided under this Act with each other, with other educational and pupil services (including preschool services), and with health and social services funded from other sources;

(viii) improving the participation of parents of children with disabilities in the education of their children;

(ix) resolving disagreements between education personnel and parents through alternate dispute resolution activities including mediation; and

(x) reducing the misidentification of children, especially minority and limited English proficient children.

(4) Interim and final reports.INTERIM AND FINAL REPORTS- The Secretary shall submit to the President and Congress --

(A) an interim report that summarizes the preliminary findings of the national assessment not later than 3 years after the date of enactment of the Individuals with Disabilities Education Improvement Act of 2003; and

(B) a final report of the findings of the assessment not later than 5 years after the date of enactment of the Individuals with Disabilities Education Improvement Act of 2003.

(c) Study on Ensuring Accountability for Students With Significant Disabilities.STUDY ON ENSURING ACCOUNTABILITY FOR STUDENTS WITH SIGNIFICANT DISABILITIES- The Secretary shall carry out a national study or studies to examine --

(1) the criteria that States use to determine eligibility for alternate assessments and the number and type of children who take those assessments;

(2) the validity and reliability of alternate assessment instruments and procedures;

(3) the alignment of alternate assessments with State academic content and achievement standards or with alternate academic achievement standards; and

(4) the use and effectiveness of alternate assessments in appropriately measuring student progress and outcomes specific to individualized instructional need.

(d) Annual Report.ANNUAL REPORT- The Secretary shall provide an annual report to Congress that --

(1) summarizes the research conducted under section 662;

(2) analyzes and summarizes the data reported by the States and the Secretary of the Interior under section 618;

(3) summarizes the studies and evaluations conducted under this section and the timeline for their completion;

(4) describes the extent and progress of the national assessment; and

(5) describes the findings and determinations resulting from reviews of State implementation of this Act.

(e) Authorized Activities.AUTHORIZED ACTIVITIES- In carrying out this section, the Secretary may support objective studies, evaluations, and assessments, including studies that --

(1) analyze measurable impact, outcomes, and results achieved by State educational agencies and local educational agencies through their activities to reform policies, procedures, and practices designed to improve educational and transitional services and results for children with disabilities;

(2) analyze State and local needs for professional development, parent training, and other appropriate activities that can reduce the need for disciplinary actions involving children with disabilities;

(3) assess educational and transitional services and results for children with disabilities from minority backgrounds, including --

(A) data on --

(i) the number of minority children who are referred for special education evaluation;

(ii) the number of minority children who are receiving special education and related services and their educational or other service placement;

(iii) the number of minority children who graduated from secondary programs with a regular diploma in the standard number of years; and

(iv) the number of minority children who drop out of the educational system; and

(B) the performance of children with disabilities from minority backgrounds on State assessments and other performance indicators established for all students;

(4) measure educational and transitional services and results of children with disabilities served under this Act, including longitudinal studies that --

(A) examine educational and transitional services and results for children with disabilities who are 3 through 17 years of age and are receiving special education and related services under this Act, using a national, representative sample of distinct age cohorts and disability categories; and

(B) examine educational results, transition services, postsecondary placement, and employment status of individuals with disabilities, 18 through 21 years of age, who are receiving or have received special education and related services under this Act; and

(5) identify and report on the placement of children with disabilities by disability category.

(f) Reservation for Studies and Technical Assistance.

(1) In general.STUDY- The Secretary shall study, and report to Congress regarding, the extent to which States adopt policies described in section 635(b)(1) and on the effects of those policies.

(g) RESERVATION FOR STUDIES AND EVALUATIONS-

(1) IN GENERAL- Except as provided in paragraph (2) and notwithstanding any other provision of this Act, the Secretary may reserve not more than 1/2 of 1 percent of the amount appropriated under parts B and C for each fiscal year to carry out this section, of which not more than $3,000,000 shall be available to carry out subsection (c).

(2) Maximum amount.MAXIMUM AMOUNT- The maximum amount the Secretary may reserve under paragraph (1) for any fiscal year is $40,000,000, increased by the cumulative rate of inflation since fiscal year 2003.

Subpart 3 --Supports To Improve Results for Children With Disabilities

SEC. 670. PURPOSES.

The purposes of this subpart are to ensure that --

(1) children with disabilities and their parents receive training and information on their rights, responsibilities, and protections under this Act, in order to develop the skills necessary to cooperatively and effectively participate in planning and decision making relating to early intervention, educational, and transitional services;

(2) parents, teachers, administrators, early intervention personnel, related services personnel, and transition personnel receive coordinated and accessible technical assistance and information to assist them in improving early intervention, educational, and transitional services and results for children with disabilities and their families; and

(3) appropriate technology and media are researched, developed, and demonstrated, to improve and implement early intervention, educational, and transitional services and results for children with disabilities and their families.

SEC. 671. PARENT TRAINING AND INFORMATION CENTERS.

(a) Program Authorized.PROGRAM AUTHORIZED- The Secretary may award grants to, and enter into contracts and cooperative agreements with, parent organizations to support parent training and information centers to carry out activities under this section.

(b) Required Activities.REQUIRED ACTIVITIES- Each parent training and information center that receives assistance under this section shall --

(1) provide training and information that meets the needs of parents of children with disabilities living in the area served by the center, particularly underserved parents and parents of children who may be inappropriately identified, to enable their children with disabilities to --

(A) meet developmental and functional goals, and challenging academic achievement goals that have been established for all children; and

(B) be prepared to lead productive independent adult lives, to the maximum extent possible;

(2) serve the parents of infants, toddlers, and children with the full range of disabilities described in section 602(3);

(3) assist parents to --

(A) better understand the nature of their children's disabilities and their educational, developmental, and transitional needs;

(B) communicate effectively and work collaboratively with personnel responsible for providing special education, early intervention services, transition services, and related services;

(C) participate in decisionmaking processes and the development of individualized education programs under part B and individualized family service plans under part C;

(D) obtain appropriate information about the range, type, and quality of options, programs, services, technologies, and research based practices and interventions, and resources available to assist children with disabilities and their families in school and at home;

(E) understand the provisions of this Act for the education of, and the provision of early intervention services to, children with disabilities; and

(F) participate in school reform activities;

(4) in States where the State elects to contract with the parent training and information center, contract with State educational agencies to provide, consistent with subparagraphs (B) and (D) of section 615(e)(2), individuals who meet with parents to explain the mediation process to the parents;

(5) assist parents in resolving disputes in the most expeditious and effective way possible, including encouraging the use, and explaining the benefits, of alternative methods of dispute resolution, such as the mediation process described in section 615(e);

(6) assist parents and students with disabilities to understand their rights and responsibilities under this Act, including those under section 615(m) on the student's reaching the age of majority;

(7) assist parents to understand the availability of, and how to effectively use, procedural safeguards under this Act;

(8) assist parents in understanding, preparing for, and participating in, the process described in section 615(f)(1)(B);

(9) establish cooperative partnerships with community parent resource centers funded under section 672;

(10) network with appropriate clearinghouses, including organizations conducting national dissemination activities under section 663, and with other national, State, and local organizations and agencies, such as protection and advocacy agencies, that serve parents and families of children with the full range of disabilities described in section 602(3); and

(11) annually report to the Secretary on --

(A) the number and demographics of parents to whom the center provided information and training in the most recently concluded fiscal year;

(B) the effectiveness of strategies used to reach and serve parents, including underserved parents of children with disabilities; and

(C) the number of parents served who have resolved disputes through alternative methods of dispute resolution.

(c) Optional Activities.OPTIONAL ACTIVITIES- A parent training and information center that receives assistance under this section may provide information to teachers and other professionals to assist the teachers and professionals in improving results for children with disabilities.

(d) Application Requirements.APPLICATION REQUIREMENTS- Each application for assistance under this section shall identify with specificity the special efforts that the parent organization will undertake --

(1) to ensure that the needs for training and information of underserved parents of children with disabilities in the area to be served are effectively met; and

(2) to work with community based organizations.

(e) Distribution of Funds.DISTRIBUTION OF FUNDS-

(1) In general.N GENERAL- The Secretary shall --

(A) make at least 1 award to a parent organization in each State for a parent training and information center which is designated as the statewide parent training and information center; or

(B) in the case of a large State, make awards to multiple parent training and information centers, but only if the centers demonstrate that coordinated services and supports will occur among the multiple centers.

(2) Selection requirement.SELECTION REQUIREMENT- The Secretary shall select among applications submitted by parent organizations in a State in a manner that ensures the most effective assistance to parents, including parents in urban and rural areas, in the State.

(f) Quarterly Review.QUARTERLY REVIEW-

(1) Meetings.MEETINGS- The board of directors of each parent organization that receives an award under this section shall meet at least once in each calendar quarter to review the activities for which the award was made.

(2) Continuation award.CONTINUATION AWARD- When an organization requests a continuation award under this section, the board of directors shall submit to the Secretary a written review of the parent training and information program conducted by the organization during the preceding fiscal year.

(g) Definition of Parent Organization.DEFINITION OF PARENT ORGANIZATION- As used in this section, the term `parent organization' means a private nonprofit organization (other than an institution of higher education) that --

(1) has a board of directors --

(A) the majority of whom are parents of children with disabilities ages birth through 26;

(B) that includes --

(i) individuals working in the fields of special education, related services, and early intervention; and

(ii) individuals with disabilities;

(C) the parent and professional members of which are broadly representative of the population to be served; and

(2) has as its mission serving families of children and youth with disabilities who --

(A) are ages birth through 26; and

(B) have the full range of disabilities described in section 602(3).

SEC. 672. COMMUNITY PARENT RESOURCE CENTERS.

(a) In General.N GENERAL- The Secretary may award grants to, and enter into contracts and cooperative agreements with, local parent organizations to support parent training and information centers that will help ensure that underserved parents of children with disabilities, including low income parents, parents of children with limited English proficiency, and parents with disabilities, have the training and information the parents need to enable the parents to participate effectively in helping their children with disabilities --

(1) to meet developmental and functional goals, and challenging academic achievement goals that have been established for all children; and

(2) to be prepared to lead productive independent adult lives, to the maximum extent possible.

(b) Required Activities.REQUIRED ACTIVITIES- Each community parent resource center assisted under this section shall --

(1) provide training and information that meets the training and information needs of parents of children with disabilities proposed to be served by the grant, contract, or cooperative agreement;

(2) carry out the activities required of parent training and information centers under paragraphs (2) through (9) of section 671(b);

(3) establish cooperative partnerships with the parent training and information centers funded under section 671; and

(4) be designed to meet the specific needs of families who experience significant isolation from available sources of information and support.

(c) Definition.DEFINITION- As used in this section, the term `local parent organization' means a parent organization, as defined in section 671(g), that --

(1) has a board of directors the majority of whom are parents of children with disabilities ages birth through 26 from the community to be served; and

(2) has as its mission serving parents of children with disabilities who --

(A) are ages birth through 26; and

(B) have the full range of disabilities described in section 602(3).

SEC. 673. TECHNICAL ASSISTANCE FOR PARENT TRAINING AND INFORMATION CENTERS.

(a) In General.N GENERAL- The Secretary may make an award to 1 parent organization (as defined in section 671(g)) that receives assistance under section 671 to enable the parent organization to provide technical assistance for developing, assisting, and coordinating parent training and information programs carried out by parent training and information centers receiving assistance under sections 671 and 672.

(b) Authorized Activities.AUTHORIZED ACTIVITIES- The Secretary may provide technical assistance to a parent training and information center under this section in areas such as --

(1) effective national coordination of parent training efforts, which includes encouraging collaborative efforts among award recipients under sections 671 and 672;

(2) dissemination of information, scientifically based research, and research based practices and interventions;

(3) promotion of the use of technology, including universally designed technologies, assistive technology devices, and assistive technology services;

(4) reaching underserved populations;

(5) including children with disabilities in general education programs;

(6) facilitation of transitions from --

(A) early intervention services to preschool;

(B) preschool to elementary school;

(C) elementary school to secondary school; and

(D) secondary school to postsecondary environments; and

(7) promotion of alternative methods of dispute resolution, including mediation.

(c) Regional Parent Centers.REGIONAL PARENT CENTERS- The recipient of the award described in section 673(a) shall establish no fewer than 4 regional centers from the parent training and information centers and community parent resource centers receiving assistance under sections 671 and 672 for the purpose of carrying out the authorized activities described in subsection (b). These regional centers shall be selected on the basis of the center's --

(1) willingness to be a regional parent center;

(2) demonstrated expertise in the delivery of required parent training and information center activities described in section 671(b);

(3) demonstrated capacity to deliver the authorized activities described in subsection (b);

(4) history of collaboration with other parent training and information centers, community parent resource centers, regional resource centers, clearinghouses, and other projects; and

(5) geographic location.

(d) Collaboration With the Resource Centers.COLLABORATION WITH THE RESOURCE CENTERS- The recipient of the award described in subsection (a), in conjunction with the regional parent centers described in subsection (c), shall develop collaborative agreements with the geographically appropriate Regional Resource Center to further parent and professional collaboration.

SEC. 674. TECHNOLOGY DEVELOPMENT, DEMONSTRATION, AND UTILIZATION; AND MEDIA SERVICES.

(a) In General.N GENERAL- The Secretary, on a competitive basis, shall award grants to, and enter into contracts and cooperative agreements with, eligible entities to support activities described in subsections (b) and (c).

(b) Technology DevelopmentTECHNOLOGY DEVELOPMENT, DemonstrationDEMONSTRATION, and Use.AND USE-

(1) In general.N GENERAL- In carrying out this section, the Secretary shall support activities to promote the development, demonstration, and use of technology.

(2) Authorized activities.AUTHORIZED ACTIVITIES- The following activities may be carried out under this subsection:

(A) Conducting research on and promoting the demonstration and use of innovative, emerging, and universally designed technologies for children with disabilities, by improving the transfer of technology from research and development to practice.

(B) Supporting research, development, and dissemination of technology with universal design features, so that the technology is accessible to the broadest range of individuals with disabilities without further modification or adaptation.

(C) Demonstrating the use of systems to provide parents and teachers with information and training concerning early diagnosis of, intervention for, and effective teaching strategies for, young children with reading disabilities.

(D) Supporting the use of Internet-based communications for students with cognitive disabilities in order to maximize their academic and functional skills.

(c) Educational Media ServicesEDUCATIONAL MEDIA SERVICES; Optional Activities.OPTIONAL ACTIVITIES-

(1) IN GENERAL- In carrying out this section, the Secretary mayshall support --

(1A) educational media activities that are designed to be of educational value in the classroom setting to children with disabilities;

(2B) providing (A) video description, (B) open captioning, (C)or closed captioning of television programs, videos, or other materials, that is appropriate for use in the classroom setting, or (D) news (but news only until September 30, 2006), when such services are not provided by the producer or distributor of such information, materials, or newsof--

(i) television programs;

(ii) videos;

(iii) other materials, including programs and materials associated with new and emerging technologies, such as CDs, DVDs, video streaming, and other forms of multimedia; or

(iv) news (but only until September 30, 2006);

(3C) distributing materials described in paragraphssubparagraphs (1A) and (2B) through such mechanisms as a loan service; and

(4D) providing free educational materials, including textbooks, in accessible media for visually impaired and print disabled students in elementary schools and secondary schools.

(2) LIMITATION- The video description, open captioning, or closed captioning described in paragraph (1)(B) shall only be provided when the description or captioning has not been previously provided by the producer or distributor, or has not been fully funded by other sources.

(d) Applications.APPLICATIONS- Any eligible entity that wishes to receive a grant, or enter into a contract or cooperative agreement, under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

(e) Authorization of Appropriations.AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2004 through 2009.

SEC. 675. ACCESSIBILITY OF INSTRUCTIONAL MATERIALS.

(a) Instructional Materials Accessibility Standard.INSTRUCTIONAL MATERIALS ACCESSIBILITY STANDARD-

(1) Accessibility standard.ACCESSIBILITY STANDARD- Not later than 180 days after the date of enactment of the Individuals with Disabilities Education Improvement Act of 2003, the Secretary shall, by rulemaking, promulgate an Instructional Materials Accessibility Standard which shall constitute the technical standards to be used by publishers for the preparation of electronic files for States under section 612(a)(22).

(2) Relationship to other laws.RELATIONSHIP TO OTHER LAWS- For purposes of this section:

(A) Authorized entity.AUTHORIZED ENTITY- Notwithstanding the provisions of section 106 of title 17, United States Code, it is not an infringement of copyright for an authorized entity to reproduce or to distribute copies of the electronic files described in section 612(a)(22)(B), containing the contents of the print instructional materials using the Instructional Materials Accessibility Standard, if such copies are used solely for reproduction or distribution of the contents of such print instructional materials in specialized formats designed exclusively for use by the blind or other persons with print disabilities.

(B) Publisher.PUBLISHER- Notwithstanding the provisions of section of 106 of title 17, United States Code, it is not an infringement of copyright for a publisher to create and distribute copies of the electronic files described in section 612(a)(22)(B), containing the contents of the print instructional materials using the Instructional Material Accessibility Standard, if such copies are used solely for reproduction or distribution of the contents of such print instructional materials in specialized formats designed exclusively for use by the blind or other persons with print disabilities.

(C) Copies.COPIES- Copies of the electronic files containing the contents of the print instructional materials using the Instructional Materials Accessibility Standard shall be made in compliance with the provisions of section 121(b) of title 17, United States Code, regarding the reproduction and distribution of copyrighted print instructional materials in specialized formats.

(3) Definitions.DEFINITIONS- In this section:

(A) Instructional Materials Accessibility Standard.INSTRUCTIONAL MATERIALS ACCESSIBILITY STANDARD- The term `Instructional Materials Accessibility Standard' means the technical standards described in paragraph (2), to be used in the preparation of electronic files suitable and used solely for efficient conversion into specialized formats.

(B) Blind or other persons with print disabilities.BLIND OR OTHER PERSONS WITH PRINT DISABILITIES- The term `blind or other persons with print disabilities' means children served under this Act and who may qualify in accordance with the Act entitled ``An`An Act to provide books for the adult blind'', approved March 3, 1931 (2 U.S.C. 135a; 46 Stat. 1487) to receive books and other publications produced in specialized formats.

(C) Specialized formats.SPECIALIZED FORMATS- The term `specialized formats' has the meaning given the term in section 121(c)(3) of title 17, United States Code, and for the purposes of this section, includes synthesized speech, digital audio, and large print.

(D) Print instructional materials.PRINT INSTRUCTIONAL MATERIALS- The term `print instructional materials' means printed textbooks and related printed core materials that are written and published primarily for use in elementary school and secondary school instruction and are required by a State educational agency or local educational agency for use by pupils in the classroom.

(E) Authorized entity.AUTHORIZED ENTITY- The term `authorized entity' has the meaning given the term in section 121(c)(1) of title 17, United States Code.

(4) Applicability.APPLICABILITY- This section shall apply to print instructional materials published and copyrighted after the date on which the final rule establishing the Instructional Materials Accessibility Standard is published in the Federal Register.

(b) National Instructional Materials Access Center.NATIONAL INSTRUCTIONAL MATERIALS ACCESS CENTER-

(1) Establishment.ESTABLISHMENT- Not later than 2 years after the date of enactment of the Individuals with Disabilities Education Improvement Act of 2003, the Secretary shall establish a center, to be known as the National Instructional Materials Access Center, which shall coordinate the acquisition and distribution of print instructional materials prepared in the Instructional Materials Accessibility Standard described in subsection (a)(2).

(2) Responsibilities.RESPONSIBILITIES- The duties of the National Instructional Materials Access Center are the following:

(A) To receive and maintain a catalog of print instructional materials made available under section 612(a)(22) and section 613(a)(6).

(B) To provide authorized entities with access to such print instructional materials, free of charge, in accordance with such terms and procedures as the National Instructional Materials Access Center may prescribe.

(C) To develop, adopt, and publish procedures to protect against copyright infringement and otherwise to administratively assure compliance with title 17, United States Code, with respect to the print instructional materials provided under section 612(a)(22) and section 613(a)(6).

(3) Contract authorized.CONTRACT AUTHORIZED- To assist in carrying out paragraph (1), the Secretary shall award, on a competitive basis, a contract renewable on a biennial basis with a nonprofit organization, or with a consortium of such organizations, determined by the Secretary to be best qualified to carry out the responsibilities described in paragraph (2). The contractor shall report directly to the Assistant Secretary for Special Education and Rehabilitative Services.

(4) Authorization of appropriations.AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this subsection such sums as may be necessary.

SEC. 676. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out sections 671, 672, 673, and 663 such sums as may be necessary for each of the fiscal years 2004 through 2009.

Subpart 4 --Interim Alternative Educational Settings, Behavioral Supports, and Whole School Interventions

SEC. 681. PURPOSE.

The purpose of this subpart is to authorize resources to foster a safe learning environment that supports academic achievement for all students by improving the quality of interim alternative educational settings, providing more behavioral supports in schools, and supporting whole school interventions.

SEC. 682. DEFINITION OF ELIGIBLE ENTITY.

In this subpart, the term `eligible entity' means --

(1) a local educational agency; or

(2) a consortium consisting of a local educational agency and 1 or more of the following entities:

(A) another local educational agency;

(B) a community-based organization with a demonstrated record of effectiveness in helping children with disabilities who have behavioral challenges succeed;

(C) an institution of higher education;

(D) a mental health provider; or

(E) an educational service agency.

SEC. 683. PROGRAM AUTHORIZED.

The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable the eligible entities --

(1) to establish or expand behavioral supports and whole school behavioral interventions by providing for effective, research-based practices, including --

(A) comprehensive, early screening efforts for students at risk for emotional and behavioral difficulties;

(B) training for school staff on early identification, prereferral, and referral procedures;

(C) training for administrators, teachers, related services personnel, behavioral specialists, and other school staff in whole school positive behavioral interventions and supports, behavioral intervention planning, and classroom and student management techniques;

(D) joint training for administrators, parents, teachers, related services personnel, behavioral specialists, and other school staff on effective strategies for positive behavioral interventions and behavior management strategies that focus on the prevention of behavior problems;

(E) developing or implementing specific curricula, programs, or interventions aimed at addressing behavioral problems;

(F) stronger linkages between school-based services and community-based resources, such as community mental health and primary care providers; or

(G) using behavioral specialists, related services personnel, and other staff necessary to implement behavioral supports; or

(2) to improve interim alternative educational settings by --

(A) improving the training of administrators, teachers, related services personnel, behavioral specialists, and other school staff (including ongoing mentoring of new teachers);

(B) attracting and retaining a high quality, diverse staff;

(C) providing for on-site counseling services;

(D) using research-based interventions, curriculum, and practices;

(E) allowing students to use instructional technology that provides individualized instruction;

(F) ensuring that the services are fully consistent with the goals of the individual student's IEP;

(G) promoting effective case management and collaboration among parents, teachers, physicians, related services personnel, behavioral specialists, principals, administrators, and other school staff;

(H) promoting interagency coordination and coordinated service delivery among schools, juvenile courts, child welfare agencies, community mental health providers, primary care providers, public recreation agencies, and community-based organizations; or

(I) providing for behavioral specialists to help students transitioning from interim alternative educational settings reintegrate into their regular classrooms.

SEC. 684. PROGRAM EVALUATIONS.

(a) Report and Evaluation.REPORT AND EVALUATION- Each eligible entity receiving a grant under this subpart shall prepare and submit annually to the Secretary a report on the outcomes of the activities assisted under the grant.

(b) Best Practices on Website.BEST PRACTICES ON WEBSITE- The Secretary shall make available on the Department's website information for parents, teachers, and school administrators on best practices for interim alternative educational settings, behavior supports, and whole school intervention.

SEC. 685. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this subpart $50,000,000 for fiscal year 2004 and such sums as may be necessary for each of the 5 succeeding fiscal years.''.'.

TITLE II --AMENDMENTS TO THE

REHABILITATION ACT OF 1973

SEC. 201. FINDINGS.

Section 2(a) of the Rehabilitation Act of 1973 (29 U.S.C. 701(a)) is amended--

(1) in paragraph (5), by striking ``and''`and' at the end;

(2) in paragraph (6), by striking the period and inserting ```; and''; and

(3) by adding at the end the following:

(7) there is a substantial need to improve and expand services for students with disabilities under this Act.'''.

SEC. 202. DEFINITIONS.

Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705) is amended--

(1) by redesignating paragraphs (35) through (39) as paragraphs (36) through, (37), (38), (40), and (41), respectively;

(2) in subparagraph (A)(ii) of paragraph (36) (as redesignated in paragraph (1)), by striking ``paragraph`paragraph (36)(C)''' and inserting ``paragraph`paragraph (37)(C)'''; and

(3) by inserting after paragraph (34) the following:

(35)(A) The term `student with a disability' means an individual with a disability who--

(i) is not younger than 14 and not older than 21;

(ii) has been determined to be eligible under section 102(a) for assistance under this title; and

(iii)(I) is eligible for, and is receiving, special education under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.); or

(II) is an individual with a disability, for purposes of section 504.

(B) The term `students with disabilities' means more than 1 student with a disability.''.

SEC. 203. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.

(a) Amendments. Section 100 of the Rehabilitation Act of 1973 (29 U.S.C. 720) is amended

(1) by redesignating subsection (d) as subsection (e)'; and

(24) by inserting after subsectionparagraph (c38) the following:

(d) Additional Authorization of Appropriations for Services to Students With Disabilities. In addition to any funds39) The term `transition services expansion year' means--

(A) the first fiscal year for which the amount appropriated under subsection (b)(1), there are authorized to be appropriated such sums as may be necessarysection 100(b) exceeds the amount appropriated under section 100(b) for fiscal years 2004 through 2009 to carry out programs and activities under sections 101(a)(25)(B) and 103(b)(6).''.

(b) Conforming Amendments. Section 110(a) of the Rehabilitation Act of 1973 (29 U.S.C. 730(a)) is amended

(1) in paragraph (2)(B), by striking ``section 100(b)(1)'' and inserting ``subsections (b)(1) and (d) of section 100''; and

(2) in paragraph (3), by striking ``section 100(b)(1)'' and inserting ``subsections (b)(1) and (d) of section 100''.

SEC. 204year 2004 by not less than $100,000,000; and

(B) each fiscal year subsequent to that first fiscal year.'.

SEC. 203. STATE PLAN.

(a) Assessment and Strategies.ASSESSMENT AND STRATEGIES- Section 101(a)(15) of the Rehabilitation Act of 1973 (29 U.S.C. 721(a)(15)) is amended--

(1) in subparagraph (A)(i)--

(A) in subclause (II), by striking ``and''`and' at the end;

(B) in subclause (III), by adding ``and''`and' at the end; and

(C) by adding at the end the following:

(IV) in a transition services expansion year, students with disabilities, including their need for transition services;'''; and

(2) in subparagraph (D)--

(A) by redesignating clauses (iii), (iv), and (v) as clauses (iv), (v), and (vi), respectively; and

(B) by inserting after clause (ii) the following:

(iii) in a transition services expansion year, the methods to be used to improve and expand vocational rehabilitation services for students with disabilities, including the coordination of services designed to facilitate the transition of such students from the receipt of educational services in school to the receipt of vocational rehabilitation services under this title or to postsecondary education or employment.'';'.

(b) Services for Students With Disabilities.SERVICES FOR STUDENTS WITH DISABILITIES- Section 101(a) of the Rehabilitation Act of 1973 (29 U.S.C. 721(a)) is amended by adding at the end the following:

(25) Services for students with disabilities. The State planSERVICES FOR STUDENTS WITH DISABILITIES- The State plan for a transition services expansion year shall provide an assurance satisfactory to the Secretary that the State--

(A) has developed and implemented strategies to address the needs identified in the assessment described in paragraph (15), and achieve the goals and priorities identified by the State, to improve and expand vocational rehabilitation services for students with disabilities on a statewide basis in accordance with paragraph (15); and

(B) will usefrom funds appropriatedreserved under section 100(d) to110A, shall carry out programs or activities designed to improve and expand vocational rehabilitation services for students with disabilities that--

(i) facilitate the transition of the students with disabilities from the receipt of educational services in school, to the receipt of vocational rehabilitation services under this title, including, at a minimum, those services specified in the interagency agreement required in paragraph (11)(D);

(ii) improve the achievement of post-school goals of students with disabilities, including improving the achievement through participation in meetings regarding individualized education programs developed under section 614 of the Individuals with Disabilities Education Act (20 U.S.C. 1414);

(iii) provide vocational guidance, career exploration services, and job search skills and strategies and technical assistance to students with disabilities;

(iv) support the provision of training and technical assistance to State and local educational agency and designated State agency personnel responsible for the planning and provision of services to students with disabilities;

and

(v) support outreach activities to students with disabilities who are eligible for, and need, services under this title.'''.

SEC. 2054. SCOPE OF SERVICES.

Section 103 of the Rehabilitation Act of 1973 (29 U.S.C. 723) is amended--

(1) in subsection (a), by striking paragraph (15), by inserting ``, including and inserting the following:

(15) transition services for students with disabilities, that facilitate the achievement of the employment outcome identified in the individualized plan for employment, including, in a transition services expansion year, services described in clauses (i) through (iii) of section 101(a)(25)(B)'' before the semicolon;'; and

(2) in subsection (b), by striking paragraph (6) and inserting the following:

(6)(A)(i) Consultation and technical assistance services to assist State and local educational agencies in planning for the transition of students with disabilities from school to post-school activities, including employment.

(ii) TIn a transition services expansion year, training and technical assistance described in section 101(a)(25)(B)(iv).

(B) SIn a transition services expansion year, services for groups of individuals with disabilities who meet the requirements of clauses (i) and (iii) of section 7(35)(A), including services described in clauses (i), (ii), (iii), and (v) of section 101(a)(25)(B), to assist in the transition from school to post-school activities.'''.

SEC. 2065. STANDARDS AND INDICATORS.

Section 106(a) of the Rehabilitation Act of 1973 (29 U.S.C. 726(a)) is amended by striking paragraph (1)(C) and all that follows through paragraph (2) and inserting the following:

(2) Measures.MEASURES- The standards and indicators shall include outcome and related measures of program performance that--

(A) facilitate the accomplishment of the purpose and policy of this title;

(B) to the maximum extent practicable, are consistent with the core indicators of performance, and corresponding State adjusted levels of performance, established under section 136(b) of the Workforce Investment Act of 1998 (29 U.S.C. 2871(b)); and

(C) include measures of the program's performance with respect to the transition to post-school activities, and achievement of the post-school goals, of students with disabilities served under the program.''.

SEC. 206. RESERVATION FOR EXPANDED TRANSITION SERVICES.

The Rehabilitation Act of 1973 is amended by inserting after section 110 (29 U.S.C. 730) the following:

SEC. 110A. RESERVATION FOR EXPANDED TRANSITION SERVICES.

(a) RESERVATION- From the State allotment under section 110 in a transition services expansion year, each State shall reserve an amount calculated by the Commissioner under subsection (b) to carry out programs and activities under sections 101(a)(25)(B) and 103(b)(6).

(b) CALCULATION- The Commissioner shall calculate the amount to be reserved for such programs and activities for a fiscal year by each State by multiplying $50,000,000 by the percentage determined by dividing--

(1) the amount allotted to that State under section 110 for the prior fiscal year; by

(2) the total amount allotted to all States under section 110 for that prior fiscal year.'.

SEC. 207. CONFORMING AMENDMENT.

Section 1(b) of the Rehabilitation Act of 1973 is amended by inserting after the item relating to section 110 the following:

Sec. 110A. Reservation for expanded transition services.'.

TITLE III --NATIONAL CENTER FOR SPECIAL EDUCATION RESEARCH

SEC. 301. NATIONAL CENTER FOR SPECIAL EDUCATION RESEARCH.

(a) Amendment.AMENDMENT- The Education Sciences Reform Act of 2002 (20 U.S.C. 9501 et seq.) is amended--

(1) by redesignating part E as part F; and

(2) by inserting after part D the following:

PART E --NATIONAL CENTER FOR SPECIAL EDUCATION RESEARCH

SEC. 175. ESTABLISHMENT.

(a) Establishment.ESTABLISHMENT- There is established in the Institute a National Center for Special Education Research.

(b) Mission.MISSION- The mission of the National Center for Special Education Research (in this part referred to as the `Special Education Research Center') is--

(1) to sponsor research to expand knowledge and understanding of the needs of infants, toddlers, and children with disabilities in order to improve the developmental, educational, and transitional results of such individuals;

(2) to sponsor research to improve services provided under, and support the implementation of, the Individuals with Disabilities Education Act; and

(3) to evaluate the implementation and effectiveness of the Individuals with Disabilities Education Act in coordination with the National Center for Education Evaluation and Regional Assistance.

(c) Applicability of Education Sciences Reform Act of 2002.- Parts A and F, and the standards for peer review of applications and for the conduct and evaluation of research under sections 133(a) and 134, respectively, shall apply to the Secretary, the Director, and the Commissioner in carrying out this part.

SEC. 176. COMMISSIONER FOR SPECIAL EDUCATION RESEARCH.

The Special Education Research Center shall be headed by a Commissioner for Special Education Research (in this part referred to as `the Special Education Research Commissioner') who shall have substantial knowledge of the Special Education Research Center's activities, including a high level of expertise in the fields of research, research management, and the education of children with disabilities.

SEC. 177. DUTIES.

(a) General Duties.GENERAL DUTIES- The research activities that the Special Education Research Center mayshall carry out research activities under this part include activities toconsistent with the mission described in section 175(b), such as activities that--

(1) improve services provided under the Individuals with Disabilities Education Act in order to improveimprove--

(A) academic achievement, functional outcomes, and educational results for children with disabilities; and

(B) developmental outcomes for infants and toddlers;

(2) identify scientifically based educational practices that support learning and improve academic achievement, functional outcomes, and educational results for all students with disabilities;

(3) examine the special needs of preschool aged children, infants, and toddlers with disabilities, including factors that may result in developmental delays;

(4) identify scientifically based related services and interventions that promote participation and progress in the general education curriculum and general education settings;

(5) improve the alignment, compatibility, and development of valid and reliable assessments, including alternate assessments, as required by section 1111(b) of the Elementary and Secondary Education Act of 1965;

(6) examine State content standards and alternate assessments for students with significant cognitive impairment in terms of academic achievement, individualized instructional need, appropriate education settings, and improved post-school results;

(7) examine the educational, developmental, and transitional needs of children with high incidence and low incidence disabilities;

(8) examine the extent to which overidentification and underidentification of children with disabilities occurs, and the causes thereof;

(9) improve reading and literacy skills of children with disabilities;

(10) examine and improve secondary and postsecondary education and transitional outcomes and results for children with disabilities;

(11) examine methods of early intervention for children with disabilities who need significant levels of support, including children with multiple or complex developmental delays;

(12) examine and incorporate universal design concepts in the development of standards, assessments, curricula, and instructional methods as a method to improve educational and transitional results for children with disabilities;

(13) improve the preparation of personnel, including early intervention personnel, who provide educational and related services to children with disabilities to increase the academic achievement and functional performance of students with disabilities;

(14) examine the excess costs of educating a child with a disability and expenses associated with high cost special education and related services; and

(15) help parents improve educational results for their children, particularly related to transition issues; and

(16) address the unique needs of children with significant cognitive disabilities.

(b) Standards.STANDARDS- The Commissioner of Special Education Research shall ensure that activities assisted under this section--

(1) conform to high standards of quality, integrity, accuracy, validity, and reliability;

(2) are carried out in conjunction with the standards for the conduct and evaluation of all research and development established by the National Center for Education Research; and

(3) are objective, secular, neutral, and nonideological, and are free of partisan political influence, and racial, cultural, gender, regional, or disability bias.

(c) Plan.PLAN- The Commissioner of Special Education Research shall propose to the Director a research plan, developed in collaboration with the Assistant Secretary for Special Education and Rehabilitative Services, that--

(1) is consistent with the priorities and mission of the Institute and the mission of the Special Education Research Center;

(2) is carried out, updated, and modified, as appropriate;

(3) is consistent with the purpose of the Individuals with Disabilities Education Act;

(4) contains an appropriate balance across all age ranges and types of children with disabilities;

(5) provides for research that is objective and uses measurable indicators to assess its progress and results;

(6) is coordinated with the comprehensive plan developed under section 661 of the Individuals with Disabilities Education Act; and

(7) provides that the research conducted under part D of the Individuals with Disabilities Education Act is relevant to special education practice and policy.

(d) GrantsGRANTS, ContractsCONTRACTS, and Cooperative Agreements.AND COOPERATIVE AGREEMENTS- In carrying out the duties under this section, the Director may award grants to, or enter into contracts or cooperative agreements with, eligible entities.

(e) Applications.APPLICATIONS- An eligible entity that wishes to receive a grant, or enter into a contract or cooperative agreement, under this part shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require.

(f) Dissemination.DISSEMINATION- The Special Education Research Center shall--

(1) synthesize and disseminate, through the National Center for Education Evaluation and Regional Assistance, the findings and results of special education research conducted or supported by the Special Education Research Center; and

(2) assist the Director in the preparation of a biennial report, as described in section 119.

(g) Authorization of Appropriations.AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2004 through 2009.'''.

(b) Conforming Amendments.CONFORMING AMENDMENTS-

(1) Education sciences reform act of 2002.- The Education Sciences Reform Act of 2002 (20 U.S.C. 9501 et seq.) is amended--

(C) in section 111(b)(1)(A) (20 U.S.C. 9511(b)(1)(A)), by inserting ``and`and special education'' after ``early`early childhood education''.

(B) in section 111(c)(3) (20 U.S.C. 9511(c)(3))--

(i) in subparagraph (B), by striking ``and''`and' after the semicolon;

(ii) in subparagraph (C), by striking the period and inserting ```; and''; and

(iii) by adding at the end the following:

(D) the National Center for Special Education Research (as described in part E).''';

(C) in section 115(a) (20 U.S.C. 9515(a)), by striking ``including`including those'' and all that follows through ``such`such as'' and inserting ``including`including those associated with the goals and requirements of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), and the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), such as''; and

(D) in section 116(c)(4)(A)(ii) (20 U.S.C. 9516(c)(4)(A)(ii) is amended by inserting ``special`special education experts,''' after ``early`early childhood experts,'''.

(2) Elementary and secondary education act ofELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.- Section 1117(a)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6317(a)(3)) is amended by striking ``part`part E'' and inserting ``part`part D''.

(c) Transition Provisions.TRANSITION PROVISIONS-

(1) Orderly transition.ORDERLY TRANSITION- Notwithstanding any other provision of law, the Secretary of Education shall take such steps as are necessary to provide for the orderly transition to, and implementation of, part E of the Education Science Reform Act of 2002, as enacted by subsection (a), from research activities carried out under section 672 of the Individuals with Disabilities Education Act (as such section was in effect on the day before the date of enactment of this Act).

(2) Continuation of awards.CONTINUATION OF AWARDS- The Secretary of Education shall continue research awards made under section 672 of the Individuals with Disabilities Education Act (as such section was in effect on the day before the date of enactment of this Act) that are in effect on the day before the date of enactment of this Act in accordance with the terms of those awards.

(d) Effective Dates.EFFECTIVE DATES- Notwithstanding any other provision of law--

(1) the amendments made by subsections (a) and (b) of this section shall take effect on October 1, 2004; and

(2) section 672 of the Individuals with Disabilities Education Act (as such section was in effect on the day before the date of enactment of this Act) shall remain in effect through September 30, 2004.

TITLE IV --COMMISSION ON UNIVERSAL DESIGN AND THE ACCESSIBILITY OF CURRICULUM AND INSTRUCTIONAL MATERIALS

SEC. 401. COMMISSION ON UNIVERSAL DESIGN AND THE ACCESSIBILITY OF CURRICULUM AND INSTRUCTIONAL MATERIALS.

(a) Establishment and Purpose.ESTABLISHMENT AND PURPOSE-

(1) Establishment.ESTABLISHMENT- There is established a Commission (hereafter in this section referred to as the ``Commission''`Commission') to study, evaluate, and make appropriate recommendations to the Congress and to the Secretary on universal design and accessibility of curriculum and instructional materials for use by all children, with a particular focus on children with disabilities, in elementary schools and secondary schools.

(2) Purpose.PURPOSE- The purpose of the Commission is--

(A) to survey the issues related to improving access to curriculum and instructional materials for children with disabilities, with and without assistive technologies;

(B) to study the benefits, current or potential costs, and challenges of developing and implementing a standard definition of the term universal design as a means to achieve accessibility of curriculum and instructional materials, and as the Commission determines necessary, to recommend a definition for the term universal design, or other terms, taking into consideration educational objectives, investment of resources, state of technology, and effect on development of curriculum and instructional materials;

(C) to examine issues related to the need for and current availability and accessibility of curriculum and instructional materials for use in elementary schools and secondary schools by children with disabilities, gaps in or conflicts among relevant technical standards, educational quality, availability of instructional materials, technical standards, intellectual property rights, and the economic and technical feasibility of implementing any recommended definitions; and

(D) to provide the Congress and the Secretary, not later than 24 months after the date of enactment of this Act, the report described in subsection (d).

(b) Membership.MEMBERSHIP-

(1) Composition.COMPOSITION- The Commission shall be composed of 21 members, of which--

(A) 3 members shall be appointed by the Majority Leader of the Senate;

(B) 2 members shall be appointed by the Minority Leader of the Senate;

(C) 3 members shall be appointed by the Speaker of the House of Representatives;

(D) 2 members shall be appointed by the Minority Leader of the House;

(E) 8 members shall be appointed by the Secretary including representatives of States, local educational agencies, publishers of instructional material, individuals with disabilities, technical standard setting bodies, and authorized entities as defined in section 121(c)(1) of title 17, United States Code; and

(F) 3 members shall be appointed by the Registrar of Copyrights.

(2) Expertise of commissioners.EXPERTISE OF COMMISSIONERS- All members of the Commission shall be individuals who have been appointed on the basis of technical qualifications, professional expertise, and demonstrated knowledge and shall include at least 4 representatives of each of the following:

(A) publishers of instructional materials, including of textbooks, software, and other print, electronic, or digital curricular materials;

(B) elementary and secondary education, including teachers, special educators, and State and local education officials or administrators;

(C) researchers in the fields of disabilities, technology, and accessible media;

(D) experts in intellectual property rights; and

(E) advocates of children with disabilities, including parents of blind, visually impaired, deaf, hearing impaired, physically challenged, cognitively impaired, or learning disabled, or representatives of organizations that advocate for such children.

(3) Date.DATE- The appointment of the members of the Commission shall be made not later than 60 days after the date of enactment of this Act.

(4) Period of appointment and vacancies.PERIOD OF APPOINTMENT AND VACANCIES- Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.

(5) Initial meeting.INITIAL MEETING- Not later than 45 days after the date on which all members of the Commission have been appointed, the Commission shall hold the Commission's first meeting.

(6) Meetings.MEETINGS- The Commission shall meet at the call of the Chairperson.

(7) Quorum.QUORUM- A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.

(8) Chairperson and vice chairperson.CHAIRPERSON AND VICE CHAIRPERSON- The Commission shall select a chairperson and vice chairperson from among the members of the Commission.

(c) Public Hearings.DUTIES OF THE COMMISSION- The Commission shall study and make recommendations to Congress and the Secretary regarding--

(1) the purposes of the Commission described in subsection (a)(2);

(2) priority topics for additional research;

(3) the availability and accessibility of curricula and instructional materials, including print, software, CD-ROM, video, and Internet, for use in elementary schools and secondary schools by children with disabilities, including--

(A) the numbers of affected children with disabilities, by grade, age, and type of disability;

(B) the technical and other means by which such materials are made accessible, such as assistive technologies, electronic versions, large print, closed captioning, video description, and Braille, and any conflicts between relevant technical standards by which instructional materials are made accessible;

(C) the steps taken by State and local educational agencies to support accessibility, including through State adoption and procurement policies, the acquisition and integration of assistive technology, and any State and local requirements or standards;

(D) timeliness of receipt of such materials by children with disabilities; and

(E) continued barriers to access to such materials; and

(4) the potential and likely effects of providing accessible or universally designed materials for all students in elementary schools and secondary schools, with a particular focus on children with disabilities, including--

(A) an analysis of the current and potential costs to develop and provide accessible instructional materials, with and without specialized formats, to publishers, States, local educational agencies, schools, and others, broken down by--

(i) type of disability, including physical, sensory, and cognitive disability;

(ii) type of instructional materials, including by grade and by basal and supplemental materials; and

(iii) type of media, including print, electronic, software, web-based, audio, and video; and

(B) an analysis of the effects of any recommended definitions regarding--

(i) the availability and quality of instructional materials for nondisabled students, and innovation in the development and delivery of these materials;

(ii) State learning content standards that are media-, skill-, or pedagogically-based and may therefore be compromised;

(iii) prices of instructional materials and the impact of the definitions on State and local budgets; and

(iv) intellectual property rights in connection with the development, distribution, and use of curriculum and instructional materials.

(d) PUBLIC HEARINGS- As part of the study conducted under this subsection, the Commission shall hold public hearings, including through the use of the Internet or other technologies, for the purposes referred to in subsection (a).

(de) Report.REPORT-

(1) Interim report.INTERIM REPORT- Not later than 12 months after the establishment of the Commission, the Commission shall provide to the Secretary and Congress an interim report on the Commission's activities during the Commission's first year and any preliminary findings.

(2) Final report.FINAL REPORT- Not later than 24 months after the establishment of the Commission, the Commission shall submit a report to the Secretary and Congress that shall contain--

(A) recommendations determined necessary regarding definitions of the terms described in subsection (a)(2)(B);

(B) recommendations for additional research; and

(C) a detailed statement of the findings and conclusions of the Commission resulting from the study of the issues identified in subsection (a)(2)(C).

(ef) Powers of the Commission.POWERS OF THE COMMISSION-

(1) Authority of commission.AUTHORITY OF COMMISSION- The Commission may hold such hearings, convene and act at such times and places, take such testimony, and receive such evidence, as the Commission considers necessary to carry out the responsibilities of the Commission.

(2) Use of mail.SE OF MAIL- The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.

(3) Gifts.GIFTS- The Commission may accept, use, and dispose of gifts or donations of services or property.

(4) Compensation.COMPENSATION- Except as provided in paragraph (5), each member of the Commission who is not an officer or employee of the Federal Government shall serve without compensation. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.

(5) Per diem.ER DIEM- The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.

(6) Executive director.

(A) In general. The Chairperson of the Commission may, without regard to the civil service laws and regulations, appointEMPLOYMENT AND COMPENSATION OF EMPLOYEES- Except as otherwise provided in this section and consistent with section 3161 of title 5, United States Code, the Chairperson may appoint, fix the compensation of, and terminate an executive director and such other additional personnelemployees as may be necessary to enable the Commission to perform the Commission's duties.

(B) Confirmation by commission. The employment of an executive director shall be subject to confirmation by the Commission.

(C) Compensation. The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.

(7) Detailing of federal employees.7) DETAILING OF FEDERAL EMPLOYEES- Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.

(8) Temporary and intermittent services.TEMPORARY AND INTERMITTENT SERVICES- The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.

(fg) Termination of the Commission.TERMINATION OF THE COMMISSION- The Commission shall terminate on the date that is 90 days after the date on which the Commission submits its final report under subsection (de)(2).

(gh) Authorization of Appropriations.AUTHORIZATION OF APPROPRIATIONS-

(1) Authorization.AUTHORIZATION- There are authorized to be appropriated $750,000 for fiscal year 2004, and such sums as necessary for fiscal year 2005 to carry out the provisions of this section.

(2) Availability.AVAILABILITY- Any sums appropriated under the authorization contained in this subsection shall remain available, without fiscal year limitation, until expended.

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