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.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Individuals with Disabilities
Education Improvement Act of 2004''.
SEC. 2. ORGANIZATION OF THE ACT.
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.
TITLE I--AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT
SEC. 101. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.
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
``SEC. 601. <<NOTE: 20 USC 1400.>> SHORT TITLE; TABLE OF CONTENTS;
FINDINGS; PURPOSES.
``(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
follows:
``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
Disabilities
``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
research.
``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
national
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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
peers;
``(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
possible;
``(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