105th Congress > Senate > Vote 66

Date: 1997-05-14

Result: 99-1 (Bill Passed)

Clerk session vote number: 66

Vote Subject Matter: Civil Liberties / Domestic Social Policy

Bill number: HR5

Question: On Passage of the Bill

Description: A bill to amend the Individuals with Disabilities Education Act, to reauthorize and make improvements to that Act, and for other purposes.

Bill summary: TABLE OF CONTENTS: Title I: Amendments to the Individuals with Disabilities Education Act Title II: Miscellaneous Provisions Individuals with Disabilities Education Act Amendments of 1997 - Title I: Amendments to the Individuals with Disabilities Education Act - Amends the Individuals with Disabilities Education Act (IDEA) to revise its provisions and extend through FY 2002 the authorization of appropriations for IDEA programs. Allows States to extend use of the developmental delay category (...show more) of eligibility for children up to age nine (under a new part A of IDEA). Revises the program of assistance for education of all children with disabilities (under a new part B of IDEA). Revises the funding formula for allotments to States. Provides for increases in allotments over a transition period of FY 1998 through 2006. Bases the new formula on a State's: (1) child population; and (2) child poverty. Authorizes appropriations. Sets forth State eligibility requirements for placement of students. Requires States to use methods of distributing IDEA funds that ensure compliance with such requirements. Allows a public agency to reduce or deny reimbursement to parents of a child placed in a private school without the public agency's consent or referral if: (1) the parents (with specified exceptions) did not notify the agency of the intended placement, with a written statement of their concerns, at least ten days before the child's removal from public school; (2) the parents did not make the child available for a local educational agency (LEA) initial assessment and evaluation before the child's removal from public school and enrollment in private school; or (3) it is so ruled at the judge's discretion. Allows an LEA to reduce its level of special education expenditures under specified limited circumstances. Allows commingling of Federal and State special education funds under certain circumstances. Authorizes the Secretary of Education to modify certain LEA requirements for ten designated LEAs or groups of LEAs which endeavor to achieve innovative delivery of services. Revises provisions for evaluations, reevaluations, eligibility determinations, individualized education programs (IEPs), and educational placements. Grants parents a right to refuse an initial evaluation of a referred child's need for special education services. Authorizes the LEA, in such a circumstance, to utilize certain mediation and due process procedures to resolve the dispute. Prohibits construing the parents' consent for a child's evaluation as consent for placement for receipt of special education and related services. Requires, in the cases of children whose behavior impedes their own or others' learning, the IEP Team to consider strategies, including behavioral management plans, to address that behavior. Includes the following categories of behavior, at school or a school function, among those for which school personnel may order removal of a child with a disability from the classroom, and placement in an alternative educational setting, for an additional 45 days over the regular ten-day limit for such a removal: (1) carrying any weapons (current law only covers firearms); (2) having, using, soliciting sale of, or selling medications or illegal drugs; and (3) causing serious physical or emotional injury as a result of physical or verbal assault. Authorizes a hearing officer to order such a change of placement for up to 45 days if there is substantial evidence that maintenance of the current placement is substantially likely to result in injury to the child or to others. Requires an IEP Team to review whether the child's inappropriate action was a manifestation of the disability, including review of the technical soundness of the behavior management plan. Allows change of placement, with the parents' agreement, if the behavior is a result of the disability. Provides for an immediate appeal to the hearing officer if the parents disagree with the determination or the changed educational placement. Allows application to children with disabilities of the same relevant disciplinary procedures applicable to children without disabilities, if the behavior is determined to be not a manifestation of the disability. Allows a due process hearing if the parents disagree with such application of discipline. Requires States and LEAs receiving IDEA assistance to offer parents voluntary mediation procedures for disputes over provision of free appropriate public education to children with disabilities. Requires all parties in a dispute to disclose, for review, to all other parties evaluations and recommendations intended for use at the hearing. Revises the program for infants and toddlers with disabilities (under a new part C of IDEA), repealing a requirement that all State policies and assurances pertaining to programs for infants and toddlers with disabilities be filed with every application to the Department of Education. Continues provisions for a Federal Interagency Coordinating Council. Authorizes appropriations for FY 1998 through 2002. Provides for national activities to improve education of children with disabilities (under a new part D of IDEA), replacing current provisions for training personnel for the education of individuals with disabilities, and consolidating as discretionary programs certain current programs. Sets forth part D provisions for such programs under the following categories (as subparts 1 and 2): (1) State Program Improvement Grants for Children with Disabilities; and (2) Coordinated Research, Personnel Preparation, Technical Assistance, Support, and Dissemination of Information. Includes under such subpart 2 provisions for Improving Early Intervention, Educational, and Transitional Services and Results for Children with Disabilities through Coordinat: (1) chapter 1 Research and Personnel Preparation; and (2) chapter 2 Technical Assistance, Support, and Dissemination of Information. Authorizes appropriations for such part D programs for FY 1998 through 2002. Authorizes State educational agencies to apply for improvement grants upon certification that a collaborative process with specified types of participants has been used in developing the State improvement plan for special education and early intervention systems. Directs the Secretary to develop and implement a comprehensive plan for activities involving coordinated research and personnel preparation, and technical assistance, support, and dissemination of information under IDEA. Requires such plan to include mechanisms to address educational, related services, transitional, and early intervention needs identified by State educational agencies in applications for State program improvement grants. Directs the Secretary to ensure that a specified portion of funds is used to: (1) 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 such research, personnel preparation, support, technical assistance, and information dissemination activities under IDEA; and (2) enable such entities to assist other colleges, universities, institutions, and agencies in improving educational and transitional results for children with disabilities. Authorizes the Secretary to make grants and contracts for: (1) coordinated research and innovation; (2) studies and evaluations; and (3) various activities of national significance relating to development of personnel to work with children with disabilities, including professional development for personnel who will provide educational and related services to children with low-incidence disabilities, and personnel who will provide early intervention services to infants and toddlers with disabilities, as well as preparation of leadership personnel. Authorizes the Secretary to make grants to and contracts with parent organizations to support parent training and information centers, including community parent resource centers, as well as provide technical assistance for such centers' programs. Directs the Secretary to make competitive grants and contracts for: (1) coordinated technical assistance and dissemination; and (2) technology development, demonstration, and utilization, and media services. Title II: Miscellaneous Provisions - Amends the Elementary and Secondary Education Act of 1965 to provide for coordination of schoolwide programs with those under IDEA. (Sec. 203) Repeals specified parts of IDEA superseded by this Act.

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Bill titles: To amend the Individuals with Disabilities Education Act, to reauthorize and make improvements to that Act, and for other purposes.

Links for more info on the vote: congress.gov

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