Individuals with Disabilities Education Act Text

[[Page 118 STAT. 2647]]


Public Law 108-446

108th Congress


                                 An Act




To reauthorize the Individuals with Disabilities Education Act, and for

         other purposes. <<NOTE: Dec. 3, 2004 -  [H.R. 1350]>>


    Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, <<NOTE: Individuals with

Disabilities Education Improvement Act of 2004. 20 USC 1400 note.>>




    This Act may be cited as the ``Individuals with Disabilities

Education Improvement Act of 2004''.




    This Act is organized into the following titles:

            Title I--Amendments to the Individuals With Disabilities

        Education Act.

            Title II--National Center for Special Education Research.

            Title III--Miscellaneous Provisions.






    Parts A through D of the Individuals with Disabilities Education Act

(20 U.S.C. 1400 et seq.) are amended to read as follows:


                      ``PART A--GENERAL PROVISIONS





    ``(a) Short Title.--This title may be cited as the `Individuals with

Disabilities Education Act'.

    ``(b) Table of Contents.--The table of contents for this title is as



                      ``Part A--General Provisions


        ``Sec. 601. Short title; table of contents; findings; purposes.

        ``Sec. 602. Definitions.

        ``Sec. 603. Office of Special Education Programs.

        ``Sec. 604. Abrogation of State sovereign immunity.

        ``Sec. 605. Acquisition of equipment; construction or alteration

                            of facilities.

        ``Sec. 606. Employment of individuals with disabilities.

        ``Sec. 607. Requirements for prescribing regulations.

        ``Sec. 608. State administration.

        ``Sec. 609. Paperwork reduction.

        ``Sec. 610. Freely associated states.


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  ``Part B--Assistance for Education of All Children With Disabilities


        ``Sec. 611. Authorization; allotment; use of funds;

                            authorization of appropriations.

        ``Sec. 612. State eligibility.

        ``Sec. 613. Local educational agency eligibility.

        ``Sec. 614. Evaluations, eligibility determinations,

                            individualized education programs, and

                            educational placements.

        ``Sec. 615. Procedural safeguards.

        ``Sec. 616. Monitoring, technical assistance, and enforcement.

        ``Sec. 617. Administration.

        ``Sec. 618. Program information.

        ``Sec. 619. Preschool grants.


            ``Part C--Infants and Toddlers With Disabilities


        ``Sec. 631. Findings and policy.

        ``Sec. 632. Definitions.

        ``Sec. 633. General authority.

        ``Sec. 634. Eligibility.

        ``Sec. 635. Requirements for statewide system.

        ``Sec. 636. Individualized family service plan.

        ``Sec. 637. State application and assurances.

        ``Sec. 638. Uses of funds.

        ``Sec. 639. Procedural safeguards.

        ``Sec. 640. Payor of last resort.

        ``Sec. 641. State interagency coordinating council.

        ``Sec. 642. Federal administration.

        ``Sec. 643. Allocation of funds.

        ``Sec. 644. Authorization of appropriations.


  ``Part D--National Activities To Improve Education of Children With



        ``Sec. 650. Findings.

             ``subpart 1--state personnel development grants


        ``Sec. 651. Purpose; definition of personnel; program authority.

        ``Sec. 652. Eligibility and collaborative process.

        ``Sec. 653. Applications.

        ``Sec. 654. Use of funds.

        ``Sec. 655. Authorization of appropriations.

    ``subpart 2--personnel preparation, technical assistance, model

        demonstration projects, and dissemination of information


        ``Sec. 661. Purpose; definition of eligible entity.

        ``Sec. 662. Personnel development to improve services and

                            results for children with disabilities.

        ``Sec. 663. Technical assistance, demonstration projects,

                            dissemination of information, and

                            implementation of scientifically based


        ``Sec. 664. Studies and evaluations.

        ``Sec. 665. Interim alternative educational settings, behavioral

                            supports, and systemic school interventions.

        ``Sec. 667. Authorization of appropriations.

 ``subpart 3--supports to improve results for children with disabilities


        ``Sec. 670. Purposes.

        ``Sec. 671. Parent training and information centers.

        ``Sec. 672. Community parent resource centers.

        ``Sec. 673. Technical assistance for parent training and

                            information centers.

        ``Sec. 674. Technology development, demonstration, and

                            utilization; and media services.

        ``Sec. 675. Authorization of appropriations.

                     ``subpart 4--general provisions


        ``Sec. 681. Comprehensive plan for subparts 2 and 3.

        ``Sec. 682. Administrative provisions.


    ``(c) Findings.--Congress finds the following:

            ``(1) Disability is a natural part of the human experience

        and in no way diminishes the right of individuals to participate

        in or contribute to society. Improving educational results for

        children with disabilities is an essential element of our



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        policy of ensuring equality of opportunity, full participation,

        independent living, and economic self-sufficiency for

        individuals with disabilities.

            ``(2) Before the date of enactment of the Education for All

        Handicapped Children Act of 1975 (Public Law 94-142), the

        educational needs of millions of children with disabilities were

        not being fully met because--

                    ``(A) the children did not receive appropriate

                educational services;

                    ``(B) the children were excluded entirely from the

                public school system and from being educated with their


                    ``(C) undiagnosed disabilities prevented the

                children from having a successful educational

                experience; or

                    ``(D) a lack of adequate resources within the public

                school system forced families to find services outside

                the public school system.

            ``(3) Since the enactment and implementation of the

        Education for All Handicapped Children Act of 1975, this title

        has been successful in ensuring children with disabilities and

        the families of such children access to a free appropriate

        public education and in improving educational results for

        children with disabilities.

            ``(4) However, the implementation of this title has been

        impeded by low expectations, and an insufficient focus on

        applying replicable research on proven methods of teaching and

        learning for children with disabilities.

            ``(5) Almost 30 years of research and experience has

        demonstrated that the education of children with disabilities

        can be made more effective by--

                    ``(A) having high expectations for such children and

                ensuring their access to the general education

                curriculum in the regular classroom, to the maximum

                extent possible, in order to--

                          ``(i) meet developmental goals and, to the

                      maximum extent possible, the challenging

                      expectations that have been established for all

                      children; and

                          ``(ii) be prepared to lead productive and

                      independent adult lives, to the maximum extent


                    ``(B) strengthening the role and responsibility of

                parents and ensuring that families of such children have

                meaningful opportunities to participate in the education

                of their children at school and at home;

                    ``(C) coordinating this title with other local,

                educational service agency, State, and Federal school

                improvement efforts, including improvement efforts under

                the Elementary and Secondary Education Act of 1965, in

                order to ensure that such children benefit from such

                efforts and that special education can become a service

                for such children rather than a place where such

                children are sent;

                    ``(D) providing appropriate special education and

                related services, and aids and supports in the regular

                classroom, to such children, whenever appropriate;

                    ``(E) supporting high-quality, intensive preservice

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