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S 1824 - 101

Education of the Handicapped Act Amendments of 1990

Became Public Law No: 101-476.

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Education
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Education of the Handicapped Act Amendments of 1990 Became Public Law No: 101-476. Civil Rights and Liberties, Minority Issues

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Summary

48 Conference report filed in House May 29, 2002

Education of the Handicapped Act Amendments of 1990 - Title I: General Provisions - Amends the Education of the Handicapped Act (the Act) to reauthorize funding and to change references to handicapped individuals or children to references to individuals or children with disabilities. Extends coverage of children with disabilities to include those with autism or traumatic brain injury. Redefines "special education" to include instruction conducted in the home, in hospitals and institutions, and in other settings, and instruction in physical education (as well as instruction conducted in the classroom). Redefines "related services" to include therapeutic recreation, social work services, and rehabilitation counseling. Defines "transition services," and requires that the individualized education program (IEP) include a statement of needed transition services for students beginning no later than age 16 and annually thereafter (and when determined appropriate for the individual, beginning at age 14 or younger), including, when appropriate, a statement of interagency responsibilities or linkages before the student leaves the school setting. Requires the educational agency, in any case where any other participating agency fails to provide agreed upon services, to reconvene the IEP team to identify alternative strategies to meet the transition objectives. Includes the Bureau of Indian Affairs when it acts on behalf of schools it operates on Indian reservations, and tribally controlled schools funded by the Department of the Interior, under the definition of public or nonprofit private agency or organization. Sets forth definitions of assistive technology devices and services. Defines "underrepresented" to include populations such as minorities, the poor, the limited English proficient, and individuals with disabilities. Directs the Secretary of Education (the Secretary), within 30 days after the enactment of this Act, to publish a Notice of Inquiry in the Federal Register to solicit public comments on the appropriate components of an operational definition of "attention disorder deficit." Directs the Secretary, within 30 days after the close of the comment period, to transmit the public comments to specified congressional committees. Provides for an abrogation of State immunity to suits in Federal court for violations of the Act. Directs the Secretary to: (1) maintain a program planning process for the implementation of specified discretionary grant programs and of the evaluation and program information provisions of the Act; (2) require applicants for grants, contracts, and cooperative agreements under such discretionary programs, where appropriate to demonstrate how they will address the needs of infants, toddlers, children, and youth with disabilities from minority backgrounds; (3) require such applicants, where appropriate and at the Secretary's discretion, to address the various transitions that children with disabilities may face throughout their years in school; (4) conduct independent evaluations of such programs and provisions; (5) report such program plans and evaluation findings to the Congress; (6) develop procedures for acquiring and disseminating information derived from such programs; (7) require grant and contract recipients to prepare reports in a form that will maximize dissemination of relevant information; (8) convene panels of experts to evaluate proposals and applications; and (9) conduct at least one site visit for each grant, contract, and cooperative agreements receiving $300,000 or more annually under such discretionary programs. Sets forth certain goals and priorities for involving minorities and underrepresented persons in the specified discretionary grant programs. Directs the Secretary to develop a plan to provide outreach services to increase the participation of the following entities in competitions for grants and contracts under such programs: (1) historically Black colleges and universities and other higher education institutions whose minority student enrollment is at least 25 percent; (2) institutions of higher education which enroll certain percentages of specified minority or needy students; (3) nonprofit and for-profit agencies at least 51 percent owned or controlled by one or more minority individuals; and (4) underrepresented populations. Requires the Secretary to: (1) expend one percent of funds for such programs in each of FY 1991 through 1994 to implement such plan; and (2) report annually to the Congress on progress toward increasing minority participation in such programs. Title II: Assistance for Education of All Handicapped Individuals - Amends title II (Assistance for Education of All Handicapped Children) of the Act to include assistance for the education of handicapped children on reservations for whom services were provided through contract with an Indian tribe or organization prior to FY 1989. Requires the Secretary of the Interior to submit to the appropriate congressional committees a plan for services to all handicapped children residing on reservations, regardless of whether a reservation is served by a school funded by the Bureau of Indian Affairs (BIA). Revises State plan requirements for description of a comprehensive system of personnel development. Requires State plans to describe procedures and activities the State will undertake to ensure both an adequate supply of qualified special education and related services personnel and the appropriate and adequate preparation of such necessary personnel, including: (1) a system for annual determination of specified types and numbers of employed personnel and of personnel needed for next five years; (2) a system for annual determination of numbers of enrolled students in, and of certified or licensed graduates from, preparatory programs at institutions of higher education in the State; (3) a plan to address current and projected personnel needs and to coordinate and facilitate efforts to recruit, prepare, and retain qualified personnel, including those from minority backgrounds and with disabilities; (4) a system for continuing education of regular and special education and related services personnel; (5) procedures to acquire and disseminate significant knowledge from education research and other sources to teachers, administrators, and related services personnel; and (6) procedures for adopting appropriate and promising practices, materials, and technology. Revises provisions for evaluation and program information, including those for data collection, annual reports, special studies, and technical assistance. Authorizes appropriations for FY 1991 through 1994. Title III: Centers and Services to Meet Special Needs of Handicapped Individuals - Requires the Regional Resource Centers to focus on special education, related services, and early intervention. Requires that training by such centers to and through State educational agencies be only as requested. Authorizes specified activities for the coordinating technical assistance center. Directs the Secretary to develop guidelines and criteria for operation of Regional and Federal Resource Centers, by: (1) establishing a panel representing Office of Special Education Programs staff, State special education directors, representatives of disability advocates; and (2) when appropriate, consulting with the regional resource center directors. Requires the proposed guidelines to be published for review and comment. Revises services for deaf-blind children and youth to add: (1) local educational agencies (LEAs) and designated lead agencies to the list of entities to be assisted in providing such services; (2) infants and toddlers to those served; (3) early intervention to such services; (4) supports to facilitate transitional services for deaf-blind youth, including assistance related to independent living and competitive employment; (5) pilot projects to expand LEA supplementary services for deaf-blind children and youth and to encourage eventual assumption of funding responsibility by State and local authorities; and (6) development, improvement, or demonstration of methods, approaches, or techniques that contribute to the adjustment and education of deaf-blind children and youth. Modifies and expands age eligibility requirements for technical assistance. Authorizes the Secretary to enter into grants or cooperative agreements to establish and support single and multistate centers for program development and expansion through technical assistance and pilot supplementary services for such children and youth and their families. Includes among data to be reported gender, service settings, and student outcomes, where appropriate. Directs the Secretary to make a grant, contract, or coooperative agreement for a national clearinghouse for information on children and youth with deaf-blindness, emphasizing information on effective practices for working with such children and youth. Repeals certain provisions relating to extended school year programs and joint projects. Authorizes grants, contracts, or cooperative agreements for: (1) research to identify and meet the full range of special needs of deaf-blind children and youth; and (2) development and demonstration of new or improved methods to aid the adjustment and education of such children and youth. Revises provisions for early education for children with disabilities to provide for involvement of parents and adult role models with disabilities. Requires the technical assistance development system to provide assistance to parents of and advocates for infants, toddlers, and children with disabilities, as well as direct service and administrative personnel involved with such children. Revises provisions for information dissemination through networks and for referral sources. Allows research projects and training projects to include programs to integrate children with disabilities into regular preschool programs. Revises such early education programs to authorize projects for: (1) early identification of infants and toddlers with disabilities; (2) transition of infants with disabilities from medical care to early intervention and then to preschool education; (3) assistive technology devices and services; (4) early intervention and preschool needs of children exposed prenatally to maternal substance abuse; and (5) synthesis and preparation for dissemination of early education knowledge. Revises programs for infants, toddlers, children, and youth with severe disabilities. Includes among authorized uses of program funds: (1) student transportation to and from school; (2) training of regular educators in strategies that include integrated settings for educating such children alongside their nondisabled peers; (3) use of existing information dissemination networks; (4) statewide projects to improve education of and services to such children and youth and to change to integrated environments; and (5) extended school year demonstration programs for infants, toddlers, children, and youth with severe disabilities. Directs the Secretary to give priority to programs that increase the likelihood such children and youth will be educated with their nondisabled peers. Revises provisions for postsecondary education to allow model programs to include joint projects that coordinate with special education and transition services. Includes under functions of certain regional centers and model programs outreach activities, including technical assistance for model programs adapted to the special needs of individuals with disabilities. Increases the minimum funding level for the four regional postsecondary centers for the deaf. Revises secondary education and transitional services for youth with disabilities to include assistance for transition to independent and community living. Authorizes projects for developing and disseminating programs for assistive technology and services for students with disabilities as they make the transition from secondary school. Directs the Secretary to make one-time, five-year grants, on a competitive basis, to States in which the State agencies for education and for vocational rehabilitation apply jointly to develop, implement, and improve systems for transition services for youth with disabilities from age 14 through the age they exit school. Provides for separate evaluation of such grants program. Requires information dissemination through the use of existing networks. Directs the Secretary to fund one or more demonstration models designed to establish appropriate methods of providing assistive technology devices and services to secondary school students making the transition to vocational rehabilitation, employment, postsecondary education, or adult services. Provides for separate evaluation of such demonstration projects. Requires coordination of such secondary education and transition services programs with projects under the Job Training Partnership Act and the Carl D. Perkins Vocational and Applied Technology Education Act. Establishes new programs for children and youth with serious emotional disturbance. Authorizes the Secretary to make grants to and contracts and cooperative agreements with various entities for projects to improve special education and related services to such children and youth, including research and demonstration of innovative approaches. Authorizes the Secretary to make competitive grants to local educational agencies in collaboration with mental health entities for demonstration projects to provide services for such children and youth. Allows the use of such demonstration project funds also to facilitate interagency and private sector resource pooling to improve services for such children and youth, and to provide information and training for those involved with them. Authorizes appropriations for FY 1991 through 1994 for the following programs under part C (Centers and Services to Meet Special Needs of Individuals with Disabilities): (1) Regional Resource and Federal Centers; (2) services for deaf-blind children and youth; (3) early education for children with disabilities; (4) programs for children with severe disabilities; (5) postsecondary education; (6) secondary education and transitional services for youth with disabilities; (7) grants to State agencies for joint programs for transition services; and (8) programs for children and youth with serious emotional disturbances. Title IV: Training Personnel for the Education of Handicapped Individuals - Revises provisions for grants, including scholarships, for personnel training to include training for careers in: (1) related services to children and youth with disabilities in educational and other settings; (2) instructional and assistive technology services; (3) special education and other careers in preschool and early intervention for infants and toddlers with disabilities; and (4) special education leadership. Includes among factors on which such grant awards are made the need for personnel in special education for children of limited English proficiency. Requires grant applications to include detailed descriptions of strategies that will be used to recruit and train members of minority groups and persons with disabilities. Requires institutions receiving such grants to give priority consideration for fellowships and traineeships to individuals from disadvantaged backgrounds, including minorities and individuals with disabilities who are underrepresented in teaching or in their specializations. Authorizes the Secretary to determine that a portion of training supported through such grants shall be: (1) conducted on an interdisciplinary basis; and (2) designed to assist special educators in properly coordinating service provision with related service personnel. Requires certain training programs to require, to the extent feasible, practices to demonstrate the delivery of related services in an array of regular and special education and community settings. Allows regular or special education personnel to participate in such training on a preservice or inservice basis. Directs the Secretary to make such personnel training grants, which include scholarships, to historically Black colleges and universities, and other institutions of higher education whose minority student enrollment is at least 25 percent. Revises provisions for demonstration grants for personnel training to require that both preservice and inservice training include a component addressing coordination among all service providers, including regular educators. Requires parent training and information centers to have minority parents and minority professionals on their boards of directors. Adds networking and reporting requirements for such centers and programs. Directs the Secretary, after the establishment in each State of such a center, to provide for establishment of three new experimental parent training and information centers to serve large numbers of parents of children with disabilities located in high density areas that do not have such centers, and two such centers to serve large numbers of such parents in rural areas. Directs the Secretary to obtain and report on specified data relating to such programs and centers. Includes parents of infants and toddlers (as well as children and youth) with disabilities under such parent training and information provisions. Allows certain grants to State educational agencies and institutions for traineeships to be used also to assist the State to develop and maintain its comprehensive system of personnel development and to conduct recruitment and retention activities. Revises provisions for clearinghouses to require reporting of numbers of individuals served, listing of new products developed and disseminated, and description of responses and of strategies and activities used for outreach to areas with populations of minorities and underrepresented and underserved groups. Revises provisions for reports to the Secretary to require inclusion of additional information from parent training and information centers and from clearinghouses. Authorizes appropriations for FY 1991 through 1994 for various programs under part D of the Act (Training Personnel for the Education of Individuals with Disabilities). Title V: Research in Education of Individuals with Disabilities - Revises provisions for research and related activities and demonstration projects for the improvement of instruction and learning of children with disabilities. Authorizes various research projects in special education, program management, administration, and delivery of special education, early intervention, and related services. Establishes a program for model demonstration projects, some of them school-based, to provide ombudsman services to help resolve problems that are barriers to receipt of services for children and youth with disabilities. Includes therapeutic recreation within the definition of recreation for children with disabilities, for purposes of research and demonstration projects in physical education and recreation for children with disabilities. Authorizes appropriations for FY 1991 through 1994 to carry out part E of the Act (Research in the Education of Individuals with Disabilities). Title VI: Instructional Media for Individuals with Disabilities - Revises provisions for instructional media for individuals with disabilities to refer to television, literacy, hard of hearing, and visually impaired individuals. Provides for the loaning of descriptive video materials. Authorizes grants, contracts, or cooperative agreements with other appropriate nonprofit organizations (as well as the National Theatre of the Deaf, Inc.) to: (1) provide cultural (as well as theatrical) experiences for hard of hearing (as well as deaf) children and adults; and (2) promote integration of hearing, deaf, and hard of hearing individuals in shared educational and social (as well as cultural) experiences. Authorizes the Secretary to make a grant or contract to provide current, free textbooks and other educational publications and materials to blind and other print-handicapped students through transcribed tapes and cassettes. Authorizes appropriations for FY 1991 through 1994 to carry out part F of the Act (Instructional Media for Individuals with Disabilities). Title VII: Technology, Educational Media, and Materials for Individuals with Disabilities - Revises provisions for financial assistance for technology, educational media, and materials for individuals with disabilities to refer to assistive technology, related services, and literacy. Provides for technology, educational media, and materials for projects that increase access to and use of assistive technology devices and services in the education of infants, toddlers, children, and youth with disabilities, and in other related activities authorized by the Technology-Related Assistance for Individuals with Disabilities Act of 1988. Directs the Secretary to ensure closed-captioning of the instructional materials used with such funds. Prohibits awarding of specified grants, contracts, or cooperative agreements unless the applicant agrees that the assisted activities will be appropriately coordinated with the State entity receiving funds under certain provisions of the Technology-Related Assistance Act. Authorizes appropriations for FY 1991 through 1994 to carry out part G of the Act (Technology, Educational Media, and Materials for Individuals with Disabilities). Title VIII: Infants and Toddlers with Disabilities - Includes social work services within the definition of early intervention services for infants and toddlers with disabilities. Revises requirements for a statewide system to include: (1) preparation and dissemination, by the lead agency to all primary referral sources, of information materials for families on the availability of early intervention services; (2) training of primary referral sources with respect to the basic components of early intervention services available in the State; and (3) procedures for determining the extent to which primary referral sources, especially hospitals and physicians, disseminate information on the availability of early intervention services to parents of infants with disabilities. Title IX: Technical Amendments - Retitles the Act as the Individuals With Disabilities Education Act. Changes all references to handicapped infants, toddlers, children, and youth to infants, toddlers, children, and youth with disabilities. Title X: General Provisions - Sets forth the effective date of this Act.

36 Passed House amended May 29, 2002

Education of the Handicapped Act Amendments of 1990 - Title I: General Provisions - Amends the Education of the Handicapped Act (the Act) to reauthorize funding and to change references to handicapped individuals or children to references to individuals or children with disabilities. Extends coverage of children with disabilities to include those with autism, traumatic brain injury, or attention deficit disorder. Redefines "special education" to include instruction conducted in the home, in hospitals and institutions, and in other settings, and instruction in physical education. Redefines "related services" to include therapeutic recreation, social work services, and rehabilitation counseling. Defines "transition services," and requires that the individualized education program include a statement of needed transition services for students beginning no later than age 16 and annually thereafter (and when determined appropriate for the individual, beginning at age 14 or younger), including when appropriate a statement of interagency responsibilities or linkages before the student leaves the school setting. Sets forth definitions of assistive technology devices and services. Includes the Bureau of Indian Affairs when acting on behalf of schools it operates on Indian reservations, and tribally controlled schools funded by the Department of the Interior, under the definition of public or nonprofit private agency or organization. Provides for an abrogation of State immunity to suits in Federal court for violations of the Act. Directs the Secretary of Education (the Secretary) to: (1) maintain a program planning process for the implementation of 13 specified discretionary grant programs and of the evaluation and program information provisions of the Act; (2) conduct independent evaluations of such programs and provisions; (3) report such program plans and evaluation findings to the Congress; (4) develop procedures for acquiring and disseminating information derived from such programs; (5) require grant and contract recipients to prepare reports in a form that will maximize dissemination of relevant information; and (6) convene panels of experts to evaluate proposals and applications. Sets forth certain goals and priorities for involving minorities and underserved persons in 13 specified discretionary grant programs. Directs the Secretary to develop a plan to provide outreach services to increase the participation of the following entities in competitions for grants and contracts under such programs: (1) historically Black colleges and universities and other higher education institutions whose minority student enrollment is at least 25 percent; (2) minority institutions of higher education; (3) nonprofit and for-profit agencies at least 51 percent owned or controlled by one or more minority individuals; and (4) underrepresented populations. Requires the Secretary to: (1) expend one percent of funds for such programs in each of FY 1991 through 1994 to implement such plan; and (2) report to the Congress on progress toward increasing minority participation in such programs. Title II: Assistance for Education of All Handicapped Individuals - Amends title II (Assistance for Education of All Handicapped Children) of the Act to include assistance for the education of handicapped children on reservations for whom services were provided through contract with an Indian tribe or organization prior to FY 1989. Requires the Secretary of the Interior to submit to the appropriate congressional committees a plan for services to all handicapped children residing on reservations, regardless of whether a reservation is served by a school funded by the Bureau of Indian Affairs (BIA). Revises State plan requirements for a comprehensive system of personnel development. Requires annual updating of the plan to ensure an adequate supply of qualified personnel to administer, support, and provide special education and related services to children and youth with disabilities. Requires, as appropriate, State descriptions of intended response to such personnel requirements for the upcoming year, and State reports on activities completed and information compiled with respect to such requirements for the year just ending. Sets deadlines for full State compliance with such requirements. Directs the Secretary to conduct an evaluation study of current planning and a plan for developing and implementing a common computerized information management system within the Office of Special Education and Rehabilitative Services (OSERS) to make program information accessible to the Congress, the Department of Education, and other interested parties. Modifies and adds to requirements for State data collection and for evaluation reports. Directs the Secretary to provide for special studies to assess the implementation of the Act. Revises provisions for cooperative agreements with the States to study the effectiveness of the Act. Title III: Centers and Services to Meet Special Needs of Handicapped Individuals - Requires the Regional Resource Centers to provide services consistent with the priority needs of their region. Requires the Federal Resource Center to assist the regional centers in delivery of technical assistance consistent with such priority needs. Directs the Secretary to: (1) develop guidelines and criteria for operation of Regional and Federal Resource Centers; (2) establish a panel representing Office of Special Education Programs staff, State special education directors, representatives of disability advocates; and (3) when appropriate, consult with the regional resource center directors. Revises services for deaf-blind children and youth to modify age eligibility requirements for transitional assistance. Authorizes use of grant or contract funds for pilot projects designed to expand local school district capability to provide supplementary services to such children. Authorizes the Secretary to enter into grants or cooperative agreements to establish and support single and multistate centers for program development and expansion through technical assistance and pilot supplementary services for such children and youth and their families. Directs the Secretary to make a grant, contract, or cooperative agreement for a national clearinghouse on deaf-blind children and youth. Revises provisions for early education for handicapped children to provide for involvement of parents and adult role models with disabilities. Requires the technical assistance development system to provide assistance to parents of and advocates for infants, toddlers, and children with disabilities, as well as direct service and administrative personnel involved with such children. Revises provisions for information dissemination through networks and for referral sources. Allows research projects and training projects to include programs to integrate children with disabilities into regular preschool programs. Revises programs for severely handicapped children to include among authorized uses of program funds: (1) student transportation to and from school; (2) training of educators in strategies that include integrated settings for educating such children alongside their nondisabled peers; (3) use of existing information dissemination networks; (4) statewide projects to improve education of and services to such children and youth and to change to integrated environments; and (5) extended school year demonstration programs for infants, toddlers, children, and youth with severe disabilities. Directs the Secretary to give priority to programs that increase the likelihood that severely handicapped children and youth will be educated with their nondisabled peers. Revises provisions for postsecondary education to allow model programs to include joint projects that coordinate with special education and transition services. Includes under functions of certain regional centers and model programs outreach activities, including technical assistance for model programs adapted to the special needs of individuals with disabilities. Increases the minimum funding level for the four regional postsecondary centers for the deaf. Revises secondary education and transitional services for handicapped youth to include assistance for transition to independent and community living. Directs the Secretary to make one-time, five-year grants, on a competitive basis, to States in which the State agencies for education and for vocational rehabilitation apply jointly to develop, implement, and improve systems for transition services for youth with disabilities from age 14 through the age they exit school. Provides for separate evaluation of such grants program. Requires information dissemination through the use of existing networks. Directs the Secretary to fund one or more demonstration models designed to establish appropriate methods of providing assistive technology devices and services to secondary school students making the transition to vocational rehabilitation, employment, postsecondary education, or adult services. Establishes new programs for children and youth with serious emotional disturbances. Authorizes the Secretary to make grants to and contracts and cooperative agreements with various entities for projects to improve special education and related services to such children and youth, including research and demonstration of innovative approaches. Authorizes the Secretary to make competitive grants to local educational agencies in collaboration with mental health entities for demonstration projects to provide services for such children and youth. Authorizes appropriations for FY 1990 through 1994 for the following programs under part C (Centers and Services to Meet Special Needs of Individuals with Disabilities): (1) Regional Resource and Federal Centers; (2) services for deaf-blind children and youth; (3) early education for children with disabilities; (4) programs for children with severe disabilities; (5) postsecondary education; (6) secondary education and transitional services for youth with disabilities; (7) grants to State agencies for joint programs for transition services; and (8) programs for children and youth with serious emotional disturbances. Title IV: Training Personnel for the Education of Handicapped Individuals - Revises provisions for grants, including scholarships, for personnel training to specify that this includes inservice as well as preservice training for related services as well as for special education and early intervention. Gives minority students priority for receipt of any fellowships or traineeships made available by an institution under such a grant. Requires such fellowship recipients to work in related programs for a period equivalent to that during which such assistance is received, or else to repay such assistance. Authorizes the Secretary to determine that a portion of training supported through such grants shall be: (1) conducted on an interdisciplinary basis; and (2) designed to assist special educators in properly coordinating service provision with related service personnel. Requires certain training programs to require practice to demonstrate the delivery of related services in an array of regular and special education and community settings. Directs the Secretary to make such personnel training grants, which include scholarships, to historically Black colleges and universities, and other institutions of higher education whose minority student enrollment is at least 25 percent. Revises provisions for demonstration grants for personnel training to require that both preservice and inservice training include a component addressing coordination among all service providers, including regular educators. Requires parent training and information centers to have minority parents and minority professionals on their boards of directors. Adds networking and reporting requirements for such centers and programs. Gives priority to grants to establish five new experimental parent training and information centers to serve large numbers of parents of children with disabilities located in high density areas that do not have such centers. Allows certain grants to State educational agencies and institutions for traineeships to be used also to assist the State to develop and maintain its comprehensive system of personnel development and to conduct recruitment and retention activities. Revises provisions for clearinghouses to require reporting of numbers of individuals served, listing of new products developed and disseminated, and description of responses and of strategies and activities used for outreach to areas with populations of minorities and underrepresented and underserved groups. Revises provisions for reports to the Secretary to require inclusion of additional information from parent training and information centers and from clearinghouses. Authorizes appropriations for FY 1990 through 1994 for various programs under part D of the Act (Training Personnel for the Education of Individuals with Disabilities). Title V: Research in Education of Handicapped Individuals - Revises provisions for research and demonstration projects for the improvement of instruction and learning of children with disabilities. Authorizes various research projects in special education, program management, administration, and delivery of special education, early intervention, and related services. Establishes a program for model demonstration projects, some of them school-based, to provide ombudsman services to help resolve problems that are barriers to receipt of services for children and youth with disabilities. Includes therapeutic recreation within the definition of recreation for children with disabilities, for purposes of research and demonstration projects in physical education and recreation for children with disabilities. Authorizes appropriations for FY 1990 through 1994 to carry out part E of the Act (Research in the Education of Individuals with Disabilities). Title VI: Instructional Media for Handicapped Individuals - Revises provisions for instructional media for individuals with disabilities to refer to television, literacy, and visually, impaired individuals. Provides for the loaning of descriptive video materials. Authorizes the Secretary to make a grant to or contract with Recording for the Blind, Inc., to provide free textbooks and other educational publications and materials to blind and other print-handicapped students through transcribed tapes and cassettes. Authorizes appropriations for FY 1990 through 1994 to carry out the following programs under part F of the Act (Instructional Media for Individuals with Disabilities): (1) captioned films, television, descriptive video, and educational media for individuals with disabilities; and (2) grants to or contracts with Recording for the Blind, Inc. Title VII: Technology, Educational Media, and Materials for Handicapped Individuals - Revises provisions for financial assistance for technology, educational media, and materials for individuals with disabilities to refer to assistive technology, related services, appropriate networks, and literacy. Directs the Secretary to ensure closed-captioning of the instructional materials used with such funds. Prohibits awarding of specified grants, contracts, or cooperative agreements unless the applicant agrees that the assisted activities will be appropriately coordinated with the State entity receiving funds under certain provisions of the Technology-Related Assistance Act. Authorizes appropriations for FY 1990 through 1994 to carry out part G of the Act (Technology, Educational Media, and Materials for Individuals with Disabilities). Title VIII: Handicapped Infants and Toddlers - Includes social work services within the definition of early intervention services for infants and toddlers with disabilities. Revises requirements for a statewide system to include: (1) preparation and dissemination, by the lead agency to all primary referral sources, of information materials for families on the availability of early intervention services; (2) training of primary referral sources with respect to the basic components of early intervention services available in the State; and (3) procedures for determining the extent to which primary referral sources, especially hospitals and physicians, disseminate information on the availability of early intervention services to parents of infants with disabilities. Title IX: Technical Amendments - Retitles the Act as the Individuals With Disabilities Education Act. Changes all references to handicapped infants, toddlers, children, and youth to infants, toddlers, children, and youth with disabilities. Title X: General Provisions - Sets forth the effective date of this Act.

35 Passed Senate amended May 29, 2002

Education of Individuals with Disabilities Act of 1989 - Amends the Education of the Handicapped Act (the Act) to reauthorize funding and to change references to handicapped individuals or children to references to individuals or children with disabilities. Extends coverage of children with disabilities to include those with autism or with head injuries. Provides for a waiver of State immunity to suits in Federal court for violations of the Act. Directs the Secretary of Education (the Secretary) to: (1) require applicants for grants, contracts, and cooperative agreements to demonstrate how they will address the needs of infants, toddlers, children, and youth with disabilities from the diversity of racial, ethnic, and linguistic backgrounds; (2) require funding recipients to prepare procedures, findings, and other information in a form to maximize dissemination and use; and (3) conduct at least one site visit for each such grant, contract, or cooperative agreement receiving more than a specified amount annually. Revises requirements for State plans to set forth the components of the comprehensive system of personnel development which such plans must include. Revises evaluation provisions with respect to collection of data, technical assistance, and annual report preparation. Authorizes appropriations for FY 1990 through 1994 for such evaluation activities. Requires regional resource centers to focus on special education, related services, and early intervention. Authorizes specified activities for the coordinating technical assistance center. Revises services for deaf-blind children and youth. Mandates that infants and toddlers be included among those served by deaf-blind programs, especially for early intervention services. Authorizes: (1) pilot projects; (2) single- and multi-State centers for technical assistance for program development and expansion; and (3) a national center on deaf-blindness to disseminate materials and information. Revises early education programs for children with disabilities to authorize projects for: (1) early identification of infants and toddlers with disabilities; (2) transition of infants with disabilities from medical care to early intervention and then to preschool education; (3) assistive technology devices and services; (4) early intervention and preschool needs of children exposed prenatally to maternal substance abuse; and (5) synthesis and preparation for dissemination of early education knowledge. Revises programs for children with severe disabilities to authorize demonstration projects for extended school year programs. Revises the postsecondary education program to increase the minimum amount which must be first made available to four regional centers for the deaf before the remainder of specified funds is made available to other model postsecondary programs for individuals with disabilities. Revises secondary education and transitional services for children and youth with disabilities to authorize projects developing and disseminating programs for assistive technology and services for students with disabilities as they make the transition from secondary school. Directs the Secretary to award at least five grants on a competitive basis to joint projects by State agencies for education and vocational rehabilitation to implement and improve transition services for youth with disabilities age 14 through 21. Authorizes the Secretary to make grants or contracts for projects to address the various transitions that children with disabilities may face throughout their years in school. Provides for coordination and geographic dispersal of such projects. Provides for programs for children and youth with serious emotional disturbances. Authorizes the Secretary to make grants for research, demonstrations, and training studies and projects to improve special education and related services for such children. Authorizes appropriations for FY 1990 through 1994 for the specified programs for centers and services to meet special needs of individuals with disabilities. Provides for grants for training of related services personnel and for those involved in personnel preparation of special educators and providers of related services. Allows regular or special education personnel to participate in such training on a preservice or inservice basis. Directs the Secretary to establish priorities for: (1) recruitment and preparation of individuals from the diversity of racial, ethnic, and linguistic backgrounds, and individuals with disabilities, for careers in special education, related services, and early intervention, including leadership; and (2) preservice preparation of such personnel to serve individuals from such diverse backgrounds. Requires that grants to State educational agencies and institutions for traineeships: (1) prepare special and regular education, related services, and early intervention personnel; and (2) assist States in developing and maintaining their comprehensive systems of personnel development, and in recruiting and retaining personnel. Authorizes the Secretary to provide technical assistance to States to implement specified requirements for comprehensive systems of personnel development. Requires the Secretary (currently is authorized) to make a grant or contract or cooperative agreement for a national clearinghouse on the education of individuals with disabilities. Authorizes appropriations for FY 1990 through 1994 for specified programs for training personnel for the education of individuals with disabilities. Authorizes the Secretary to make research grants, contracts, and cooperative agreements for assessment and improvement of the practice of personnel (and others, including parents) in the provision of special education, related services, and early intervention. Directs the Secretary to make grants, contracts, and cooperative agreements for studies and investigations to: (1) improve program management, administration, delivery, and effectiveness necessary to provide full educational opportunities and early interventions for all children with disabilities from birth through age 21; (2) assess progress in implementation of the Act and related efforts by States, localities, and the Secretary of the Interior; and (3) organize, synthesize, interpret, and integrate relevant information. Requires specified types of studies. Requires the Secretary to provide technical assistance to participating State agencies in assessing the impact of the Act. Requires the Secretary to establish research priorities. Authorizes appropriations for FY 1990 through 1994 for research programs. Revises programs for instructional media to provide for: (1) the captioning of television and video programs and the audio description of video materials; and (2) services for hard-of-hearing and visually impaired individuals. Authorizes appropriations for FY 1990 through 1994 for such instructional media programs. Provides for technology, educational media, and materials for projects that increase access to and use of assistive technology devices and services in the education of infants, toddlers, children, and youth with disabilities, and in other related activities authorized by the Technology-Related Assistance for Individuals with Disabilities Act of 1988. Authorizes appropriations for FY 1990 through 1994 for such programs. Revises the composition of each State interagency coordinating council. Makes technical amendments to the Act and to the Head Start Act, the Higher Education Act of 1965, specified Federal law relating to impact aid programs, and the Temporary Child Care for Handicapped Children and Crisis Nurseries Act of 1986.

00 Introduced in Senate May 29, 2002

Education of Individuals with Disabilities Act of 1989 - Amends the Education of the Handicapped Act (the Act) to reauthorize funding and to change references to handicapped individuals or children to references to individuals or children with disabilities. Extends coverage of children with disabilities to include those with autism or with head injuries. Provides for a waiver of State immunity to suits in Federal court for violations of the Act. Directs the Secretary of Education (the Secretary) to: (1) require applicants for grants, contracts, and cooperative agreements to demonstrate how they will address the needs of infants, toddlers, children, and youth with disabilities from the diversity of racial, ethnic, and linguistic backgrounds; (2) require funding recipients to prepare procedures, findings, and other information in a form to maximize dissemination and use; and (3) conduct at least one site visit for each such grant, contract, or cooperative agreement receiving more than a specified amount annually. Revises requirements for State plans to set forth the components of the comprehensive system of personnel development which such plans must include. Revises evaluation provisions with respect to collection of data, technical assistance, and annual report preparation. Authorizes appropriations for FY 1990 through 1994 for such evaluation activities. Requires regional resource centers to focus on special education, related services, and early intervention. Authorizes specified activities for the coordinating technical assistance center. Revises services for deaf-blind children and adults. Mandates that infants and toddlers be included among those served by deaf-blind programs, especially for early intervention services. Authorizes: (1) pilot projects; (2) single- and multi-State centers for technical assistance for program development and expansion; and (3) a national center on deaf-blindness to disseminate materials and information. Revises early education programs for children with disabilities to authorize projects for: (1) early identification of infants and toddlers with disabilities; (2) transition of infants with disabilities from medical care to early intervention and then to preschool education; (3) assistive technology devices and services; (4) early intervention and preschool needs of children exposed prenatally to maternal substance abuse; and (5) synthesis and preparation for dissemination of early education knowledge. Revises programs for children with severe disabilities to authorize demonstration projects for extended school year programs. Revises the postsecondary education program to increase the minimum amount which must be first made available to four regional centers for the deaf before the remainder of specified funds is made available to other model postsecondary programs for individuals with disabilities. Revises secondary education and transitional services for children and youth with disabilities to authorize projects developing and disseminating programs for assistive technology and services for students with disabilities as they make the transition from secondary school. Directs the Secretary to award at least five grants on a competitive basis to joint projects by State agencies for education and vocational rehabilitation to implement and improve transition services for youth with disabilities age 14 through 21. Authorizes the Secretary to make grants or contracts for projects to address the various transitions that children with disabilities may face throughout their years in school. Provides for coordination and geographic dispersal of such projects. Provides for programs for children and youth with serious emotional disturbances. Authorizes the Secretary to make grants for research, demonstrations, and training studies and projects to improve special education and related services for such children. Authorizes appropriations for FY 1990 through 1994 for the specified programs for centers and services to meet special needs of individuals with disabilities. Provides for grants for training of related services personnel and for those involved in personnel preparation of special educators and providers of related services. Allows regular or special education personnel to participate in such training on a preservice or inservice basis. Directs the Secretary to establish priorities for: (1) recruitment and preparation of individuals from the diversity of racial, ethnic, and linguistic backgrounds, and individuals with disabilities, for careers in special education, related services, and early intervention, including leadership; and (2) preservice preparation of such personnel to serve individuals from such diverse backgrounds. Requires that grants to State educational agencies and institutions for traineeships: (1) prepare special and regular education, related services, and early intervention personnel; and (2) assist States in developing and maintaining their comprehensive systems of personnel development, and in recruiting and retaining personnel. Authorizes the Secretary to provide technical assistance to States to implement specified requirements for comprehensive systems of personnel development. Requires the Secretary (who currently is merely authorized) to make a grant or contract or cooperative agreement for a national clearinghouse on the education of individuals with disabilities. Authorizes appropriations for FY 1990 through 1994 for specified programs for training personnel for the education of individuals with disabilities. Authorizes the Secretary to make research grants, contracts, and cooperative agreements for assessment and improvement of the practice of personnel (and others, including parents) in the provision of special education, related services, and early intervention. Directs the Secretary to make grants, contracts, and cooperative agreements for studies and investigations to: (1) improve program management, administration, delivery, and effectiveness necessary to provide full educational opportunities and early interventions for all children with disabilities from birth through age 21; (2) assess progress in implementation of the Act and related efforts by States, localities, and the Secretary of the Interior; and (3) organize, synthesize, interpret, and integrate relevant information. Requires specified types of studies. Requires the Secretary to provide technical assistance to participating State agencies in assessing the impact of the Act. Requires the Secretary to establish research priorities. Authorizes appropriations for FY 1990 through 1994 for research programs. Revises programs for instructional media to provide for: (1) the captioning of television and video programs and the audio description of video materials; and (2) services for hard-of-hearing and visually impaired individuals. Authorizes appropriations for FY 1990 through 1994 for such instructional media programs. Provides for technology, educational media, and materials for projects that increase access to and use of assistive technology devices and services in the education of infants, toddlers, children, and youth with disabilities, and in other related activities authorized by the Technology-Related Assistance for Individuals with Disabilities Act of 1988. Authorizes appropriations for FY 1990 through 1994 for such programs. Revises the composition of each State interagency coordinating council.

Sponsors

Timeline

Oct 30, 1990

Signed by President.

Oct 30, 1990

Signed by President.

Oct 30, 1990

Became Public Law No: 101-476.

Oct 30, 1990

Became Public Law No: 101-476.

Oct 18, 1990

Presented to President.

Oct 18, 1990

Presented to President.

Oct 17, 1990

Measure Signed in Senate.

Oct 15, 1990

Mr. Owens (NY) moved to suspend the rules and agree to the conference report, H. Rept. 101-787.

Oct 15, 1990

DEBATE - The House proceeded with forty minutes of debate on the motion to suspend the rules and agree to the conference report.

Oct 15, 1990

Conference report agreed to in House: On agreeing to the conference report Agreed to by voice vote.

Oct 15, 1990

Motions to reconsider laid on the table Agreed to without objection.

Oct 15, 1990

On agreeing to the conference report Agreed to by voice vote.

Oct 3, 1990

Message on Senate action sent to the House.

Oct 2, 1990

Conference papers: Senate report and managers' statement and official papers held at the desk in Senate.

Oct 2, 1990

Conference report agreed to in Senate: Senate agreed to conference report by Voice Vote.

Oct 2, 1990

Senate agreed to conference report by Voice Vote.

Oct 1, 1990

Conference report filed: Conference report H. Rept. 101-787 filed.

Oct 1, 1990

Conference report H. Rept. 101-787 filed.

Sep 27, 1990

Conference committee actions: Conferees agreed to file conference report.

Sep 27, 1990

Conferees agreed to file conference report.

Sep 26, 1990

Mr. Hawkins asked unanimous consent that the House insist upon its amendments, and agree to a conference.

Sep 26, 1990

On motion that the House insist upon its amendments, and agree to a conference Agreed to without objection.

Sep 26, 1990

Motion to reconsider laid on the table Agreed to without objection.

Sep 26, 1990

The chair appointed conferees - from the Committee on Education and Labor: Hawkins, Ford (MI), Owens (NY), Martinez, Payne (NJ), Jontz, Goodling, Bartlett, Ballenger, and Smith (VT).

Sep 14, 1990

Message on Senate action sent to the House.

Sep 13, 1990

Resolving differences -- Senate actions: Senate disagreed to the House amendments by Voice Vote.

Sep 13, 1990

Senate disagreed to the House amendments by Voice Vote.

Sep 13, 1990

Senate requests a conference. Appoints conferees. Kennedy; Harkin; Metzenbaum; Simon; Hatch; Durenberger; Jeffords.

Jul 27, 1990

Executive Comment Received from Education.

Jun 20, 1990

Message on House action received in Senate and held at desk: House amendments to Senate bill.

Jun 18, 1990

Committee on Education and Labor discharged.

Jun 18, 1990

Committee on Education and Labor discharged.

Jun 18, 1990

Considered by unanimous consent.

Jun 18, 1990

The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 1013. Agreed to without objection.

Jun 18, 1990

Passed/agreed to in House: On passage Passed without objection.

Jun 18, 1990

On passage Passed without objection.

Jun 18, 1990

A similar measure H.R. 1013 was laid on the table without objection.

Jun 18, 1990

The title of the measure was amended to that of similar measure H.R. 1013. Agreed to without objection.

Jun 18, 1990

Motion to reconsider laid on the table Agreed to without objection.

Jan 29, 1990

Referred to the Subcommittee on Select Education.

Nov 17, 1989

Referred to the House Committee on Education and Labor.

Nov 17, 1989

Received in the House.

Nov 17, 1989

Message on Senate action sent to the House.

Nov 16, 1989

Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.

Nov 16, 1989

Passed Senate with an amendment by Voice Vote.

Nov 15, 1989

Committee on Labor and Human Resources. Reported to Senate by Senator Kennedy with an amendment in the nature of a substitute. With written report No. 101-204.

Nov 15, 1989

Committee on Labor and Human Resources. Reported to Senate by Senator Kennedy with an amendment in the nature of a substitute. With written report No. 101-204.

Nov 15, 1989

Placed on Senate Legislative Calendar under General Orders. Calendar No. 379.

Nov 1, 1989

Committee on Labor and Human Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.

Oct 31, 1989

Introduced in Senate

Oct 31, 1989

Read twice and referred to the Committee on Labor and Human Resources.

House Votes

No House roll call votes have been linked to this bill yet.

Amendments

No amendment records are currently available for this bill.
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