Full Text of P.L. 105-17 Individuals with Disabilities Education Act Amendments of 1997, continued
Part B | Section 619 of Part B | Part C | Part D
[[Page 111 STAT. 106]]
``Part C -- Infants and Toddlers With Disabilities
``SEC. 631. FINDINGS <<NOTE: 20 USC 1431.>> AND POLICY.
``(a) Findings.--The Congress finds that there is an urgent and
substantial need--
``(1) to enhance the development of infants and toddlers
with disabilities and to minimize their potential for
developmental delay;
``(2) to reduce the educational costs to our society,
including our Nation's schools, by minimizing the need for
special education and related services after infants and
toddlers with disabilities reach school age;
``(3) to minimize the likelihood of institutionalization of
individuals with disabilities and maximize the potential for
their independently living in society;
``(4) to enhance the capacity of families to meet the
special needs of their infants and toddlers with disabilities;
and
``(5) to enhance the capacity of State and local agencies
and service providers to identify, evaluate, and meet the needs
of historically underrepresented populations, particularly
minority, low-income, inner-city, and rural populations.
``(b) Policy.--It is therefore the policy of the United States to
provide financial assistance to States--
``(1) to develop and implement a statewide, comprehensive,
coordinated, multidisciplinary, interagency system that provides
early intervention services for infants and toddlers with
disabilities and their families;
``(2) to facilitate the coordination of payment for early
intervention services from Federal, State, local, and private
sources (including public and private insurance coverage);
``(3) to enhance their capacity to provide quality early
intervention services and expand and improve existing early
intervention services being provided to infants and toddlers
with disabilities and their families; and
``(4) to encourage States to expand opportunities for
children under 3 years of age who would be at risk of having
substantial developmental delay if they did not receive early
intervention services.
``SEC. 632. <<NOTE: 20 USC 1432.>> DEFINITIONS.
``As used in this part:
``(1) At-risk infant or toddler.--The term `at-risk infant
or toddler ' means an individual under 3 years of age who would
be at risk of experiencing a substantial developmental delay if
early intervention services were not provided to the individual.
``(2) Council.--The term `council' means a State interagency
coordinating council established under section 641.
``(3) Developmental delay.--The term `developmental delay ',
when used with respect to an individual residing in a State, has
the meaning given such term by the State under section
635(a)(1).
``(4) Early intervention services.--The term `early
intervention services' means developmental services that--
``(A) are provided under public supervision;
[[Page 111 STAT. 107]]
``(B) are provided at no cost except where Federal
or State law provides for a system of payments by
families, including a schedule of sliding fees;
``(C) are designed to meet the developmental needs
of an infant or toddler with a disability in any one or
more of the following areas--
``(i) physical development;
``(ii) cognitive development;
``(iii) communication development;
``(iv) social or emotional development; or
``(v) adaptive development;
``(D) meet the standards of the State in which they
are provided, including the requirements of this part;
``(E) include--
``(i) family training, counseling, and home
visits;
``(ii) special instruction;
``(iii) speech-language pathology and
audiology services;
``(iv) occupational therapy;
``(v) physical therapy;
``(vi) psychological services;
``(vii) service coordination services;
``(viii) medical services only for diagnostic
or evaluation purposes;
``(ix) early identification, screening, and
assessment services;
``(x) health services necessary to enable the
infant or toddler to benefit from the other early
intervention services;
``(xi) social work services;
``(xii) vision services;
``(xiii) assistive technology devices and
assistive technology services; and
``(xiv) transportation and related costs that
are necessary to enable an infant or toddler and
the infant's or toddler 's family to receive
another service described in this paragraph;
``(F) are provided by qualified personnel,
including--
``(i) special educators;
``(ii) speech-language pathologists and
audiologists;
``(iii) occupational therapists;
``(iv) physical therapists;
``(v) psychologists;
``(vi) social workers;
``(vii) nurses;
``(viii) nutritionists;
``(ix) family therapists;
``(x) orientation and mobility specialists;
and
``(xi) pediatricians and other physicians;
``(G) to the maximum extent appropriate, are
provided in natural environments, including the home,
and community settings in which children without
disabilities participate; and
``(H) are provided in conformity with an
individualized family service plan adopted in accordance
with section 636.
[[Page 111 STAT. 108]]
``(5) Infant or toddler with a disability.--The term `infant
or toddler with a disability '--
``(A) means an individual under 3 years of age who
needs early intervention services because the
individual--
``(i) is experiencing developmental delays, as
measured by appropriate diagnostic instruments and
procedures in one or more of the areas of
cognitive development, physical development,
communication development, social or emotional
development, and adaptive development; or
``(ii) has a diagnosed physical or mental
condition which has a high probability of
resulting in developmental delay; and
``(B) may also include, at a State's discretion, at-
risk infants and toddlers.
``SEC. 633. <<NOTE: Grants. 20 USC 1433.>> GENERAL AUTHORITY.
``The Secretary shall, in accordance with this part, make grants to
States (from their allotments under section 643) to assist each State to
maintain and implement a statewide, comprehensive, coordinated,
multidisciplinary, interagency system to provide early intervention
services for infants and toddlers with disabilities and their families.
``SEC. 634. <<NOTE: 20 USC 1434.>> ELIGIBILITY.
``In order to be eligible for a grant under section 633, a State
shall demonstrate to the Secretary that the State--
``(1) has adopted a policy that appropriate early
intervention services are available to all infants and toddlers
with disabilities in the State and their families, including
Indian infants and toddlers with disabilities and their families
residing on a reservation geographically located in the State;
and
``(2) has in effect a statewide system that meets the
requirements of section 635.
``SEC. 635. REQUIREMENTS <<NOTE: 20 USC 1435.>> FOR STATEWIDE SYSTEM.
``(a) In General.--A statewide system described in section 633 shall
include, at a minimum, the following components:
``(1) A definition of the term `developmental delay ' that
will be used by the State in carrying out programs under this
part.
``(2) A State policy that is in effect and that ensures that
appropriate early intervention services are available to all
infants and toddlers with disabilities and their families,
including Indian infants and toddlers and their families
residing on a reservation geographically located in the State.
``(3) A timely, comprehensive, multidisciplinary evaluation
of the functioning of each infant or toddler with a disability
in the State, and a family-directed identification of the needs
of each family of such an infant or toddler, to appropriately
assist in the development of the infant or toddler.
``(4) For each infant or toddler with a disability in the
State, an individualized family service plan in accordance with
section 636, including service coordination services in
accordance with such service plan.
``(5) A comprehensive child find system, consistent with
part B, including a system for making referrals to service
[[Page 111 STAT. 109]]
providers that includes timelines and provides for participation
by primary referral sources.
``(6) A public awareness program focusing on early
identification of infants and toddlers with disabilities,
including the preparation and dissemination by the lead agency
designated or established under paragraph (10) to all primary
referral sources, especially hospitals and physicians, of
information for parents on the availability of early
intervention services, and procedures for determining the extent
to which such sources disseminate such information to parents of
infants and toddlers.
``(7) A central directory which includes information on
early intervention services, resources, and experts available in
the State and research and demonstration projects being
conducted in the State.
``(8) A comprehensive system of personnel development,
including the training of paraprofessionals and the training of
primary referral sources respecting the basic components of
early intervention services available in the State, that is
consistent with the comprehensive system of personnel
development described in section 612(a)(14) and may include--
``(A) implementing innovative strategies and
activities for the recruitment and retention of early
education service providers;
``(B) promoting the preparation of early
intervention providers who are fully and appropriately
qualified to provide early intervention services under
this part;
``(C) training personnel to work in rural and inner-
city areas; and
``(D) training personnel to coordinate transition
services for infants and toddlers served under this part
from an early intervention program under this part to
preschool or other appropriate services.
``(9) Subject to subsection (b), policies and procedures
relating to the establishment and maintenance of standards to
ensure that personnel necessary to carry out this part are
appropriately and adequately prepared and trained, including--
``(A) the establishment and maintenance of standards
which are consistent with any State-approved or
recognized certification, licensing, registration, or
other comparable requirements which apply to the area in
which such personnel are providing early intervention
services; and
``(B) to the extent such standards are not based on
the highest requirements in the State applicable to a
specific profession or discipline, the steps the State
is taking to require the retraining or hiring of
personnel that meet appropriate professional
requirements in the State;
except that nothing in this part, including this paragraph,
prohibits the use of paraprofessionals and assistants who are
appropriately trained and supervised, in accordance with State
law, regulations, or written policy, to assist in the provision
of early intervention services to infants and toddlers with
disabilities under this part.
``(10) A single line of responsibility in a lead agency
designated or established by the Governor for carrying out--
``(A) the general administration and supervision of
programs and activities receiving assistance under
section 633, and the monitoring of programs and
activities used by
[[Page 111 STAT. 110]]
the State to carry out this part, whether or not such
programs or activities are receiving assistance made
available under section 633, to ensure that the State
complies with this part;
``(B) the identification and coordination of all
available resources within the State from Federal,
State, local, and private sources;
``(C) the assignment of financial responsibility in
accordance with section 637(a)(2) to the appropriate
agencies;
``(D) the development of procedures to ensure that
services are provided to infants and toddlers with
disabilities and their families under this part in a
timely manner pending the resolution of any disputes
among public agencies or service providers;
``(E) the resolution of intra- and interagency
disputes; and
``(F) the entry into formal interagency agreements
that define the financial responsibility of each agency
for paying for early intervention services (consistent
with State law) and procedures for resolving disputes
and that include all additional components necessary to
ensure meaningful cooperation and coordination.
``(11) A policy pertaining to the contracting or making of
other arrangements with service providers to provide early
intervention services in the State, consistent with the
provisions of this part, including the contents of the
application used and the conditions of the contract or other
arrangements.
``(12) A procedure for securing timely reimbursements of
funds used under this part in accordance with section 640(a).
``(13) Procedural safeguards with respect to programs under
this part, as required by section 639.
``(14) A system for compiling data requested by the
Secretary under section 618 that relates to this part.
``(15) A State interagency coordinating council that meets
the requirements of section 641.
``(16) Policies and procedures to ensure that, consistent
with section 636(d)(5)--
``(A) to the maximum extent appropriate, early
intervention services are provided in natural
environments; and
``(B) the provision of early intervention services
for any infant or toddler occurs in a setting other than
a natural environment only when early intervention
cannot be achieved satisfactorily for the infant or
toddler in a natural environment.
``(b) Policy.--In implementing subsection (a)(9), a State may adopt
a policy that includes making ongoing good-faith efforts to recruit and
hire appropriately and adequately trained personnel to provide early
intervention services to infants and toddlers with disabilities,
including, in a geographic area of the State where there is a shortage
of such personnel, the most qualified individuals available who are
making satisfactory progress toward completing applicable course work
necessary to meet the standards described in subsection (a)(9),
consistent with State law within 3 years.
[[Page 111 STAT. 111]]
``SEC. 636. INDIVIDUALIZED <<NOTE: 20 USC 1436.>> FAMILY SERVICE PLAN.
``(a) Assessment and Program Development.--A statewide system
described in section 633 shall provide, at a minimum, for each infant or
toddler with a disability, and the infant's or toddler 's family, to
receive--
``(1) a multidisciplinary assessment of the unique strengths
and needs of the infant or toddler and the identification of
services appropriate to meet such needs;
``(2) a family-directed assessment of the resources,
priorities, and concerns of the family and the identification of
the supports and services necessary to enhance the family 's
capacity to meet the developmental needs of the infant or
toddler; and
``(3) a written individualized family service plan developed
by a multidisciplinary team, including the parents, as required
by subsection (e).
``(b) Periodic Review.--The individualized family service plan shall
be evaluated once a year and the family shall be provided a review of
the plan at 6-month intervals (or more often where appropriate based on
infant or toddler and family needs).
``(c) Promptness After Assessment.--The individualized family
service plan shall be developed within a reasonable time after the
assessment required by subsection (a)(1) is completed. With the parents'
consent, early intervention services may commence prior to the
completion of the assessment.
``(d) Content of Plan.--The individualized family service plan shall
be in writing and contain--
``(1) a statement of the infant's or toddler 's present
levels of physical development, cognitive development,
communication development, social or emotional development, and
adaptive development, based on objective criteria;
``(2) a statement of the family 's resources, priorities,
and concerns relating to enhancing the development of the family
's infant or toddler with a disability;
``(3) a statement of the major outcomes expected to be
achieved for the infant or toddler and the family, and the
criteria, procedures, and timelines used to determine the degree
to which progress toward achieving the outcomes is being made
and whether modifications or revisions of the outcomes or
services are necessary;
``(4) a statement of specific early intervention services
necessary to meet the unique needs of the infant or toddler and
the family, including the frequency, intensity, and method of
delivering services;
``(5) a statement of the natural environments in which early
intervention services shall appropriately be provided, including
a justification of the extent, if any, to which the services
will not be provided in a natural environment;
``(6) the projected dates for initiation of services and the
anticipated duration of the services;
``(7) the identification of the service coordinator from the
profession most immediately relevant to the infant's or toddler
's or family 's needs (or who is otherwise qualified to carry
out all applicable responsibilities under this part) who will be
responsible for the implementation of the plan and coordination
with other agencies and persons; and
[[Page 111 STAT. 112]]
``(8) the steps to be taken to support the transition of the
toddler with a disability to preschool or other appropriate
services.
``(e) Parental Consent.--The contents of the individualized family
service plan shall be fully explained to the parents and informed
written consent from the parents shall be obtained prior to the
provision of early intervention services described in such plan. If the
parents do not provide consent with respect to a particular early
intervention service, then the early intervention services to which
consent is obtained shall be provided.
``SEC. 637. STATE <<NOTE: 20 USC 1437.>> APPLICATION AND ASSURANCES.
``(a) Application.--A State desiring to receive a grant under
section 633 shall submit an application to the Secretary at such time
and in such manner as the Secretary may reasonably require. The
application shall contain--
``(1) a designation of the lead agency in the State that
will be responsible for the administration of funds provided
under section 633;
``(2) a designation of an individual or entity responsible
for assigning financial responsibility among appropriate
agencies;
``(3) information demonstrating eligibility of the State
under section 634, including--
``(A) information demonstrating to the Secretary's
satisfaction that the State has in effect the statewide
system required by section 633; and
``(B) a description of services to be provided to
infants and toddlers with disabilities and their
families through the system;
``(4) if the State provides services to at-risk infants and
toddlers through the system, a description of such services;
``(5) a description of the uses for which funds will be
expended in accordance with this part;
``(6) a description of the procedure used to ensure that
resources are made available under this part for all geographic
areas within the State;
``(7) a description of State policies and procedures that
ensure that, prior to the adoption by the State of any other
policy or procedure necessary to meet the requirements of this
part, there are public hearings, adequate notice of the
hearings, and an opportunity for comment available to the
general public, including individuals with disabilities and
parents of infants and toddlers with disabilities;
``(8) a description of the policies and procedures to be
used--
``(A) to ensure a smooth transition for toddlers
receiving early intervention services under this part to
preschool or other appropriate services, including a
description of how--
``(i) the families of such toddlers will be
included in the transition plans required by
subparagraph (C); and
``(ii) the lead agency designated or
established under section 635(a)(10) will--
``(I) notify the local educational
agency for the area in which such a
child resides that the child will
shortly reach the age of eligibility for
preschool
[[Page 111 STAT. 113]]
services under part B, as determined in
accordance with State law;
``(II) in the case of a child who
may be eligible for such preschool
services, with the approval of the
family of the child, convene a
conference among the lead agency, the
family, and the local educational agency
at least 90 days (and at the discretion
of all such parties, up to 6 months)
before the child is eligible for the
preschool services, to discuss any such
services that the child may receive; and
``(III) in the case of a child who
may not be eligible for such preschool
services, with the approval of the
family, make reasonable efforts to
convene a conference among the lead
agency, the family, and providers of
other appropriate services for children
who are not eligible for preschool
services under part B, to discuss the
appropriate services that the child may
receive;
``(B) to review the child's program options for the
period from the child's third birthday through the
remainder of the school year; and
``(C) to establish a transition plan; and
``(9) such other information and assurances as the Secretary
may reasonably require.
``(b) Assurances.--The application described in subsection (a)--
``(1) shall provide satisfactory assurance that Federal
funds made available under section 643 to the State will be
expended in accordance with this part;
``(2) shall contain an assurance that the State will comply
with the requirements of section 640;
``(3) shall provide satisfactory assurance that the control
of funds provided under section 643, and title to property
derived from those funds, will be in a public agency for the
uses and purposes provided in this part and that a public agency
will administer such funds and property;
``(4) shall provide for--
``(A) making such reports in such form and
containing such information as the Secretary may require
to carry out the Secretary's functions under this part;
and
``(B) keeping such records and affording such access
to them as the Secretary may find necessary to ensure
the correctness and verification of those reports and
proper disbursement of Federal funds under this part;
``(5) provide satisfactory assurance that Federal funds made
available under section 643 to the State--
``(A) will not be commingled with State funds; and
``(B) will be used so as to supplement the level of
State and local funds expended for infants and toddlers
with disabilities and their families and in no case to
supplant those State and local funds;
``(6) shall provide satisfactory assurance that such fiscal
control and fund accounting procedures will be adopted as may be
necessary to ensure proper disbursement of, and accounting for,
Federal funds paid under section 643 to the State;
[[Page 111 STAT. 114]]
``(7) shall provide satisfactory assurance that policies and
procedures have been adopted to ensure meaningful involvement of
underserved groups, including minority, low-income, and rural
families, in the planning and implementation of all the
requirements of this part; and
``(8) shall contain such other information and assurances as
the Secretary may reasonably require by regulation.
``(c) Standard for Disapproval of Application.--The Secretary may
not disapprove such an application unless the Secretary determines,
after notice and opportunity for a hearing, that the application fails
to comply with the requirements of this section.
``(d) Subsequent State Application.--If a State has on file with the
Secretary a policy, procedure, or assurance that demonstrates that the
State meets a requirement of this section, including any policy or
procedure filed under part H (as in effect before July 1, 1998), the
Secretary shall consider the State to have met the requirement for
purposes of receiving a grant under this part.
``(e) Modification of Application.--An application submitted by a
State in accordance with this section shall remain in effect until the
State submits to the Secretary such modifications as
the <<NOTE: Applicability.>> State determines necessary. This section
shall apply to a modification of an application to the same extent and
in the same manner as this section applies to the original application.
``(f ) Modifications Required by the Secretary.--The Secretary may
require a State to modify its application under this section, but only
to the extent necessary to ensure the State's compliance with this part,
if--
``(1) an amendment is made to this Act, or a Federal
regulation issued under this Act;
``(2) a new interpretation of this Act is made by a Federal
court or the State's highest court; or
``(3) an official finding of noncompliance with Federal law
or regulations is made with respect to the State.
``SEC. 638. USES <<NOTE: 20 USC 1438.>> OF FUNDS.
``In addition to using funds provided under section 633 to maintain
and implement the statewide system required by such section, a State may
use such funds--
``(1) for direct early intervention services for infants and
toddlers with disabilities, and their families, under this part
that are not otherwise funded through other public or private
sources;
``(2) to expand and improve on services for infants and
toddlers and their families under this part that are otherwise
available;
``(3) to provide a free appropriate public education, in
accordance with part B, to children with disabilities from their
third birthday to the beginning of the following school year;
and
``(4) in any State that does not provide services for at-
risk infants and toddlers under section 637(a)(4), to strengthen
the statewide system by initiating, expanding, or improving
collaborative efforts related to at-risk infants and toddlers,
including establishing linkages with appropriate public or
private community-based organizations, services, and personnel
for the purposes of--
[[Page 111 STAT. 115]]
``(A) identifying and evaluating at-risk infants and
toddlers;
``(B) making referrals of the infants and toddlers
identified and evaluated under subparagraph (A); and
``(C) conducting periodic follow-up on each such
referral to determine if the status of the infant or
toddler involved has changed with respect to the
eligibility of the infant or toddler for services under
this part.
``SEC. 639. PROCEDURAL <<NOTE: 20 USC 1439.>> SAFEGUARDS.
``(a) Minimum Procedures.--The procedural safeguards required to be
included in a statewide system under section 635(a)(13) shall provide,
at a minimum, the following:
``(1) The timely administrative resolution of complaints by
parents. Any party aggrieved by the findings and decision
regarding an administrative complaint shall have the right to
bring a civil action with respect to the complaint in any State
court of competent jurisdiction or in a district court of the
United States without regard to the amount in controversy. In
any <<NOTE: Records.>> action brought under this paragraph, the
court shall receive the records of the administrative
proceedings, shall hear additional evidence at the request of a
party, and, basing its decision on the preponderance of the
evidence, shall grant such relief as the court determines is
appropriate.
``(2) The right to confidentiality of personally
identifiable information, including the right of parents to
written notice of and written consent to the exchange of such
information among agencies consistent with Federal and State
law.
``(3) The right of the parents to determine whether they,
their infant or toddler, or other family members will accept or
decline any early intervention service under this part in
accordance with State law without jeopardizing other early
intervention services under this part.
``(4) The opportunity for parents to examine records
relating to assessment, screening, eligibility determinations,
and the development and implementation of the individualized
family service plan.
``(5) Procedures to protect the rights of the infant or
toddler whenever the parents of the infant or toddler are not
known or cannot be found or the infant or toddler is a ward of
the State, including the assignment of an individual (who shall
not be an employee of the State lead agency, or other State
agency, and who shall not be any person, or any employee of a
person, providing early intervention services to the infant or
toddler or any family member of the infant or toddler) to act as
a surrogate for the parents.
``(6) Written prior notice to the parents of the infant or
toddler with a disability whenever the State agency or service
provider proposes to initiate or change or refuses to initiate
or change the identification, evaluation, or placement of the
infant or toddler with a disability, or the provision of
appropriate early intervention services to the infant or
toddler.
``(7) Procedures designed to ensure that the notice required
by paragraph (6) fully informs the parents, in the parents'
native language, unless it clearly is not feasible to do so, of
all procedures available pursuant to this section.
[[Page 111 STAT. 116]]
``(8) The right of parents to use mediation in accordance
with section 615(e), except that--
``(A) any reference in the section to a State
educational agency shall be considered to be a reference
to a State's lead agency established or designated under
section 635(a)(10);
``(B) any reference in the section to a local
educational agency shall be considered to be a reference
to a local service provider or the State's lead agency
under this part, as the case may be; and
``(C) any reference in the section to the provision
of free appropriate public education to children with
disabilities shall be considered to be a reference to
the provision of appropriate early intervention services
to infants and toddlers with disabilities.
``(b) Services During Pendency of Proceedings.--During the pendency
of any proceeding or action involving a complaint by the parents of an
infant or toddler with a disability, unless the State agency and the
parents otherwise agree, the infant or toddler shall continue to receive
the appropriate early intervention services currently being provided or,
if applying for initial services, shall receive the services not in
dispute.
``SEC. 640. PAYOR <<NOTE: 20 USC 1440.>> OF LAST RESORT.
``(a) Nonsubstitution.--Funds provided under section 643 may not be
used to satisfy a financial commitment for services that would have been
paid for from another public or private source, including any medical
program administered by the Secretary of Defense, but for the enactment
of this part, except that whenever considered necessary to prevent a
delay in the receipt of appropriate early intervention services by an
infant, toddler, or family in a timely fashion, funds provided under
section 643 may be used to pay the provider of services pending
reimbursement from the agency that has ultimate responsibility for the
payment.
``(b) Reduction of Other Benefits.--Nothing in this part shall be
construed to permit the State to reduce medical or other assistance
available or to alter eligibility under title V of the Social Security
Act (relating to maternal and child health) or title XIX of the Social
Security Act (relating to Medicaid for infants or toddlers with
disabilities) within the State.
``SEC. 641. STATE <<NOTE: 20 USC 1441.>> INTERAGENCY COORDINATING
COUNCIL.
``(a) Establishment.--
``(1) In general.--A State that desires to receive financial
assistance under this part shall establish a State interagency
coordinating council.
``(2) Appointment.--The council shall be appointed by the
Governor. In making appointments to the council, the Governor
shall ensure that the membership of the council reasonably
represents the population of the State.
``(3) Chairperson.--The Governor shall designate a member of
the council to serve as the chairperson of the council, or shall
require the council to so designate such a member. Any member of
the council who is a representative of the lead agency
designated under section 635(a)(10) may not serve as the
chairperson of the council.
``(b) Composition.--
``(1) In general.--The council shall be composed as follows:
[[Page 111 STAT. 117]]
``(A) Parents.--At least 20 percent of the members
shall be parents of infants or toddlers with
disabilities or children with disabilities aged 12 or
younger, with knowledge of, or experience with, programs
for infants and toddlers with disabilities. At least one
such member shall be a parent of an infant or toddler
with a disability or a child with a disability aged 6 or
younger.
``(B) Service providers.--At least 20 percent of the
members shall be public or private providers of early
intervention services.
``(C) State legislature.--At least one member shall
be from the State legislature.
``(D) Personnel preparation.--At least one member
shall be involved in personnel preparation.
``(E) Agency for early intervention services.--At
least one member shall be from each of the State
agencies involved in the provision of, or payment for,
early intervention services to infants and toddlers with
disabilities and their families and shall have
sufficient authority to engage in policy planning and
implementation on behalf of such agencies.
``(F) Agency for preschool services.--At least one
member shall be from the State educational agency
responsible for preschool services to children with
disabilities and shall have sufficient authority to
engage in policy planning and implementation on behalf
of such agency.
``(G) Agency for health insurance.--At least one
member shall be from the agency responsible for the
State governance of health insurance.
``(H) Head start agency.--At least one
representative from a Head Start agency or program in
the State.
``(I) Child care agency.--At least one
representative from a State agency responsible for child
care.
``(2) Other members.--The council may include other members
selected by the Governor, including a representative from the
Bureau of Indian Affairs, or where there is no BIA-operated or
BIA-funded school, from the Indian Health Service or the tribe
or tribal council.
``(c) Meetings.--The council shall meet at least quarterly and in
such places as it deems necessary. The meetings shall be publicly
announced, and, to the extent appropriate, open and accessible to the
general public.
``(d) Management Authority.--Subject to the approval of the
Governor, the council may prepare and approve a budget using funds under
this part to conduct hearings and forums, to reimburse members of the
council for reasonable and necessary expenses for attending council
meetings and performing council duties (including child care for parent
representatives), to pay compensation to a member of the council if the
member is not employed or must forfeit wages from other employment when
performing official council business, to hire staff, and to obtain the
services of such professional, technical, and clerical personnel as may
be necessary to carry out its functions under this part.
``(e) Functions of Council.--
``(1) Duties.--The council shall--
``(A) advise and assist the lead agency designated
or established under section 635(a)(10) in the
performance
[[Page 111 STAT. 118]]
of the responsibilities set forth in such section,
particularly the identification of the sources of fiscal
and other support for services for early intervention
programs, assignment of financial responsibility to the
appropriate agency, and the promotion of the interagency
agreements;
``(B) advise and assist the lead agency in the
preparation of applications and amendments thereto;
``(C) advise and assist the State educational agency
regarding the transition of toddlers with disabilities
to preschool and other appropriate services; and
``(D) prepare and <<NOTE: Reports.>> submit an
annual report to the Governor and to the Secretary on
the status of early intervention programs for infants
and toddlers with disabilities and their families
operated within the State.
``(2) Authorized activity.--The council may advise and
assist the lead agency and the State educational agency
regarding the provision of appropriate services for children
from birth through age 5. The council may advise appropriate
agencies in the State with respect to the integration of
services for infants and toddlers with disabilities and at-risk
infants and toddlers and their families, regardless of whether
at-risk infants and toddlers are eligible for early intervention
services in the State.
``(f ) Conflict of Interest.--No member of the council shall cast a
vote on any matter that would provide direct financial benefit to that
member or otherwise give the appearance of a conflict of interest under
State law.
``SEC. 642. FEDERAL <<NOTE: 20 USC 1442.>> ADMINISTRATION.
``Sections 616, 617, and 618 shall, to the extent not inconsistent
with this part, apply to the program authorized by this part, except
that--
``(1) any reference in such sections to a State educational
agency shall be considered to be a reference to a State's lead
agency established or designated under section 635(a)(10);
``(2) any reference in such sections to a local educational
agency, educational service agency, or a State agency shall be
considered to be a reference to an early intervention service
provider under this part; and
``(3) any reference to the education of children with
disabilities or the education of all children with disabilities
shall be considered to be a reference to the provision of
appropriate early intervention services to infants and toddlers
with disabilities.
``SEC. 643. ALLOCATION <<NOTE: 20 USC 1443.>> OF FUNDS.
``(a) Reservation of Funds for Outlying Areas.--
``(1) In general.--From the sums appropriated to carry out
this part for any fiscal year, the Secretary may reserve up to
one percent for payments to Guam, American Samoa, the Virgin
Islands, and the Commonwealth of the Northern Mariana Islands in
accordance with their respective needs.
``(2) Consolidation of funds.--The provisions of Public Law
95-134, permitting the consolidation of grants to the outlying
areas, shall not apply to funds those areas receive under this
part.
``(b) Payments to Indians.--
[[Page 111 STAT. 119]]
``(1) In general.--The Secretary shall, subject to this
subsection, make payments to the Secretary of the Interior to be
distributed to tribes, tribal organizations (as defined under
section 4 of the Indian Self-Determination and Education
Assistance Act), or consortia of the above entities for the
coordination of assistance in the provision of early
intervention services by the States to infants and toddlers with
disabilities and their families on reservations served by
elementary and secondary schools for Indian children operated or
funded by the Department of the Interior. The amount of such
payment for any fiscal year shall be 1.25 percent of the
aggregate of the amount available to all States under this part
for such fiscal year.
``(2) Allocation.--For each fiscal year, the Secretary of
the Interior shall distribute the entire payment received under
paragraph (1) by providing to each tribe, tribal organization,
or consortium an amount based on the number of infants and
toddlers residing on the reservation, as determined annually,
divided by the total of such children served by all tribes,
tribal organizations, or consortia.
``(3) Information.--To receive a payment under this
subsection, the tribe, tribal organization, or consortium shall
submit such information to the Secretary of the Interior as is
needed to determine the amounts to be distributed under
paragraph (2).
``(4) Use of funds.--The funds received by a tribe, tribal
organization, or consortium shall be used to assist States in
child find, screening, and other procedures for the early
identification of Indian children under 3 years of age and for
parent training. Such funds may also be used to provide early
intervention services in accordance with this part. Such
activities may be carried out directly or through contracts or
cooperative agreements with the BIA, local educational agencies,
and other public or private nonprofit organizations. The tribe,
tribal organization, or consortium is encouraged to involve
Indian parents in the development and implementation of these
activities. The above entities shall, as appropriate, make
referrals to local, State, or Federal entities for the provision
of services or further diagnosis.
``(5) Reports.--To be eligible to receive a grant under
paragraph (2), a tribe, tribal organization, or consortium shall
make a biennial report to the Secretary of the Interior of
activities undertaken under this subsection, including the
number of contracts and cooperative agreements entered into, the
number of children contacted and receiving services for each
year, and the estimated number of children needing services
during the 2 years following the year in which the report is
made. The Secretary of the Interior shall include a summary of
this information on a biennial basis to the Secretary of
Education along with such other information as required under
section 611(i)(3)(E). The Secretary of Education may require any
additional information from the Secretary of the Interior.
``(6) Prohibited uses of funds.--None of the funds under
this subsection may be used by the Secretary of the Interior for
administrative purposes, including child count, and the
provision of technical assistance.
``(c) State Allotments.--
[[Page 111 STAT. 120]]
``(1) In general.--Except as provided in paragraphs (2),
(3), and (4), from the funds remaining for each fiscal year
after the reservation and payments under subsections (a) and
(b), the Secretary shall first allot to each State an amount
that bears the same ratio to the amount of such remainder as the
number of infants and toddlers in the State bears to the number
of infants and toddlers in all States.
``(2) Minimum allotments.--Except as provided in paragraphs
(3) and (4), no State shall receive an amount under this section
for any fiscal year that is less than the greatest of--
``(A) one-half of one percent of the remaining
amount described in paragraph (1); or
``(B) $500,000.
``(3) Special rule for 1998 and 1999.--
``(A) In general.--Except as provided in paragraph
(4), no State may receive an amount under this section
for either fiscal year 1998 or 1999 that is less than
the sum of the amounts such State received for fiscal
year 1994 under--
``(i) part H (as in effect for such fiscal
year); and
``(ii) subpart 2 of part D of chapter 1 of
title I of the Elementary and Secondary Education
Act of 1965 (as in effect on the day before the
date of the enactment of the Improving America's
Schools Act of 1994) for children with
disabilities under 3 years of age.
``(B) Exception.--If, for fiscal year 1998 or 1999,
the number of infants and toddlers in a State, as
determined under paragraph (1), is less than the number
of infants and toddlers so determined for fiscal year
1994, the amount determined under subparagraph (A) for
the State shall be reduced by the same percentage by
which the number of such infants and toddlers so
declined.
``(4) Ratable reduction.--
``(A) In general.--If the sums made available under
this part for any fiscal year are insufficient to pay
the full amounts that all States are eligible to receive
under this subsection for such year, the Secretary shall
ratably reduce the allotments to such States for such
year.
``(B) Additional funds.--If additional funds become
available for making payments under this subsection for
a fiscal year, allotments that were reduced under
subparagraph (A) shall be increased on the same basis
they were reduced.
``(5) Definitions.--For the purpose of this subsection--
``(A) the terms `infants' and `toddlers' mean
children under 3 years of age; and
``(B) the term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto
Rico.
``(d) Reallotment of Funds.--If a State elects not to receive its
allotment under subsection (c), the Secretary shall reallot, among the
remaining States, amounts from such State in accordance with such
subsection.
[[Page 111 STAT. 121]]
``SEC. 644. FEDERAL <<NOTE: 20 USC 1444.>> INTERAGENCY COORDINATING
COUNCIL.
``(a) Establishment and Purpose.--
``(1) In general.--The Secretary shall establish a Federal
Interagency Coordinating Council in order to--
``(A) minimize duplication of programs and
activities across Federal, State, and local agencies,
relating to--
``(i) early intervention services for infants
and toddlers with disabilities (including at-risk
infants and toddlers) and their families; and
``(ii) preschool or other appropriate services
for children with disabilities;
``(B) ensure the effective coordination of Federal
early intervention and preschool programs and policies
across Federal agencies;
``(C) coordinate the provision of Federal technical
assistance and support activities to States;
``(D) identify gaps in Federal agency programs and
services; and
``(E) identify barriers to Federal interagency
cooperation.
``(2) Appointments.--The council established under paragraph
(1) (hereafter in this section referred to as the `Council') and
the chairperson of the Council shall be appointed by the
Secretary in consultation with other appropriate Federal
agencies. In making the appointments, the Secretary shall ensure
that each member has sufficient authority to engage in policy
planning and implementation on behalf of the department, agency,
or program that the member represents.
``(b) Composition.--The Council shall be composed of--
``(1) a representative of the Office of Special Education
Programs;
``(2) a representative of the National Institute on
Disability and Rehabilitation Research and a representative of
the Office of Educational Research and Improvement;
``(3) a representative of the Maternal and Child Health
Services Block Grant Program;
``(4) a representative of programs administered under the
Developmental Disabilities Assistance and Bill of Rights Act;
``(5) a representative of the Health Care Financing
Administration;
``(6) a representative of the Division of Birth Defects and
Developmental Disabilities of the Centers for Disease Control;
``(7) a representative of the Social Security
Administration;
``(8) a representative of the special supplemental nutrition
program for women, infants, and children of the Department of
Agriculture;
``(9) a representative of the National Institute of Mental
Health;
``(10) a representative of the National Institute of Child
Health and Human Development;
``(11) a representative of the Bureau of Indian Affairs of
the Department of the Interior;
``(12) a representative of the Indian Health Service;
``(13) a representative of the Surgeon General;
``(14) a representative of the Department of Defense;
[[Page 111 STAT. 122]]
``(15) a representative of the Children's Bureau, and a
representative of the Head Start Bureau, of the Administration
for Children and Families;
``(16) a representative of the Substance Abuse and Mental
Health Services Administration;
``(17) a representative of the Pediatric AIDS Health Care
Demonstration Program in the Public Health Service;
``(18) parents of children with disabilities age 12 or under
(who shall constitute at least 20 percent of the members of the
Council), of whom at least one must have a child with a
disability under the age of 6;
``(19) at least two representatives of State lead agencies
for early intervention services to infants and toddlers, one of
whom must be a representative of a State educational agency and
the other a representative of a non-educational agency;
``(20) other members representing appropriate agencies
involved in the provision of, or payment for, early intervention
services and special education and related services to infants
and toddlers with disabilities and their families and preschool
children with disabilities; and
``(21) other persons appointed by the Secretary.
``(c) Meetings.--The Council shall meet at least quarterly and in
such places as the Council deems necessary. The meetings shall be
publicly announced, and, to the extent appropriate, open and accessible
to the general public.
``(d) Functions of the Council.--The Council shall--
``(1) advise and assist the Secretary of Education, the
Secretary of Health and Human Services, the Secretary of
Defense, the Secretary of the Interior, the Secretary of
Agriculture, and the Commissioner of Social Security in the
performance of their responsibilities related to serving
children from birth through age 5 who are eligible for services
under this part or under part B;
``(2) conduct policy analyses of Federal programs related to
the provision of early intervention services and special
educational and related services to infants and toddlers with
disabilities and their families, and preschool children with
disabilities, in order to determine areas of conflict, overlap,
duplication, or inappropriate omission;
``(3) identify strategies to address issues described in
paragraph (2);
``(4) develop and recommend joint policy memoranda
concerning effective interagency collaboration, including
modifications to regulations, and the elimination of barriers to
interagency programs and activities;
``(5) coordinate technical assistance and disseminate
information on best practices, effective program coordination
strategies, and recommendations for improved early intervention
programming for infants and toddlers with disabilities and their
families and preschool children with disabilities; and
``(6) facilitate activities in support of States'
interagency coordination efforts.
``(e) Conflict of Interest.--No member of the Council shall cast a
vote on any matter that would provide direct financial benefit to that
member or otherwise give the appearance of a conflict of interest under
Federal law.
[[Page 111 STAT. 123]]
``(f ) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the establishment or
operation of the Council.
``SEC. 645. AUTHORIZATION <<NOTE: 20 USC 1445.>> OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are authorized to
be appropriated $400,000,000 for fiscal year 1998 and such sums as may
be necessary for each of the fiscal years 1999 through 2002.
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