legislation: 104-hr-3268
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| 104-hr-3268 | 104 | hr | 3268 | IDEA Improvement Act of 1996 | Education | 1996-04-18 | 1996-06-11 | Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 431. | House | Rep. Cunningham, Randy (Duke) [R-CA-51] | CA | R | C000994 | 11 | TABLE OF CONTENTS: Title I: Amendments to the Individuals with Disabilities Education Act Title II: Miscellaneous Provisions IDEA Improvement Act of 1996 - Revises the Individuals with Disabilities Education Act (IDEA) and extends its authorization of appropriations through FY 2001. Title I: Amendments to the Individuals with Disabilities Education Act - Revises IDEA to allow States to extend use of the developmental delay category of eligibility for children up to age nine. Eliminates certain provisions for: (1) acquisition of equipment and construction; and (2) removal of architectural barriers. Revises the program of assistance for education of all children with disabilities. Revises the funding formula for allotments to States. Bases the new formula on a State's: (1) child population; and (2) child poverty. Sets forth requirements for least restrictive environment in 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 agencies (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 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, 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) committing an assault and battery. 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. Prohibits attorneys from attending or otherwise participating in the mediation process, or attorney's fees and related costs from being paid to any individual in connection with such process. 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, 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. Provides for national activities to improve education of children with disabilities, replacing current provisions for training personnel for the education of individuals with disabilities, and consolidating as discretionary programs certain current programs, authorizing: (1) the Secretary to carry out various national research and improvement activities; (2) States 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; and (3) the Secretary to make grants to and contracts with parent organizations to support parent training and information centers, as well as provide technical assistance for such centers' programs. Authorizes the Secretary to make personnel development grants and contracts for: (1) various activities of national significance relating to development of personnel to work with children with disabilities; (2) 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; and (3) preparing leadership personnel. Directs the Secretary to develop a plan for providing outreach services to increase the participation in competitions for such personnel development grants and contracts by: (1) Historically Black Colleges and Universities and other higher education institutions with at least 25 percent minority enrollment; (2) specified eligible institutions under provisions of the Higher Education Act of 1965 for strengthening institutions with high enrollments of 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. Title II: Miscellaneous Provisions - Amends the Elementary and Secondary Education Act of 1965 to provide for coordination of schoolwide programs with those under IDEA. Repeals specified parts of IDEA superseded by this Act. | 2025-07-21T19:44:15Z |