by at least the amount that that area received under this section for fiscal year 1997. (d) RESERVATION FOR STATE ACTIVITIES. (1) IN GENERAL.-Each State may retain not more than the amount described in paragraph (2) for administration and other State-level activities in accordance with subsections (e) and (f). (2) AMOUNT DESCRIBED.-For each fiscal year, the Secretary shall determine and report to the State educational agency an amount that is 25 percent of the amount the State received under this section for fiscal year 1997, cumulatively adjusted by the Secretary for each succeeding fiscal year by the lesser of (A) the percentage increase, if any, from the preceding fiscal year in the State's allocation under this section; or (B) the percentage increase, if any, from the preceding fiscal year in the Consumer Price Index For All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (e) STATE ADMINISTRATION.— (1) IN GENERAL.-For the purpose of administering this section (including the coordination of activities under this part with, and providing technical assistance to, other programs that provide services to children with disabilities) a State may use not more than 20 percent of the maximum amount it may retain under subsection (d) for any fiscal year. (2) ADMINISTRATION OF PART C.-Funds described in paragraph (1) may also be used for the administration of part C of this Act, if the State educational agency is the lead agency for the State under that part. (f) OTHER STATE-LEVEL ACTIVITIES.-Each State shall use any funds it retains under subsection (d) and does not use for administration under subsection (e)— (1) for support services (including establishing and implementing the mediation process required by section 615(e)), which may benefit children with disabilities younger than 3 or older than 5 as long as those services also benefit children with disabilities aged 3 through 5; (2) for direct services for children eligible for services under this section; (3) to develop a State improvement plan under subpart 1 of part D; (4) for activities at the State and local levels to meet the performance goals established by the State under section 612(a)(16) and to support implementation of the State improvement plan under subpart 1 of part D if the State receives funds under that subpart; or (5) to supplement other funds used to develop and implement a Statewide coordinated services system designed to improve results for children and families, including children with disabilities and their families, but not to exceed one percent of 1 So in original. Probably should be "statewide". the amount received by the State under this section for a fiscal year. (g) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES. (1) SUBGRANTS REQUIRED.-Each State that receives a grant under this section for any fiscal year shall distribute any of the grant funds that it does not reserve under subsection (d) to local educational agencies in the State that have established their eligibility under section 613, as follows: (A) BASE PAYMENTS.-The State shall first award each agency described in paragraph (1) the amount that agency would have received under this section for fiscal year 1997 if the State had distributed 75 percent of its grant for that year under section 619(c)(3), as then in effect. (B) ALLOCATION OF REMAINING FUNDS.-After making allocations under subparagraph (A), the State shall (i) allocate 85 percent of any remaining funds to those agencies on the basis of the relative numbers of children enrolled in public and private elementary and secondary schools within the agency's jurisdiction; and (ii) allocate 15 percent of those remaining funds to those agencies in accordance with their relative numbers of children living in poverty, as determined by the State educational agency. (2) REALLOCATION OF FUNDS.-If a State educational agency determines that a local educational agency is adequately providing a free appropriate public education to all children with disabilities aged 3 through 5 residing in the area served by that agency with State and local funds, the State educational agency may reallocate any portion of the funds under this section that are not needed by that local agency to provide a free appropriate public education to other local educational agencies in the State that are not adequately providing special education and related services to all children with disabilities aged 3 through 5 residing in the areas they serve. (h) PART C INAPPLICABLE.-Part C of this Act does not apply to any child with a disability receiving a free appropriate public education, in accordance with this part, with funds received under this section. (i) DEFINITION.-For the purpose of this section, the term "State" means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (j) AUTHORIZATION OF APPROPRIATIONS.-For the purpose of carrying out this section, there are authorized to be appropriated to the Secretary $500,000,000 for fiscal year 1998 and such sums as may be necessary for each subsequent fiscal year. PART C-INFANTS AND TODDLERS WITH SEC. 631. [20 U.S.C. 1431] FINDINGS AND POLICY. (a) FINDINGS.-The Congress finds that there is an urgent and substantial need (1) to enhance the development of infants and toddlers with disabilities and to minimize their potential for developmental delay; (2) to reduce the educational costs to our society, including our Nation's schools, by minimizing the need for special education and related services after infants and toddlers with disabilities reach school age; (3) to minimize the likelihood of institutionalization of individuals with disabilities and maximize the potential for their independently living in society; (4) to enhance the capacity of families to meet the special needs of their infants and toddlers with disabilities; and (5) to enhance the capacity of State and local agencies and service providers to identify, evaluate, and meet the needs of historically underrepresented populations, particularly minority, low-income, inner-city, and rural populations. (b) POLICY.-It is therefore the policy of the United States to provide financial assistance to States (1) to develop and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency system that provides early intervention services for infants and toddlers with disabilities and their families; (2) to facilitate the coordination of payment for early intervention services from Federal, State, local, and private sources (including public and private insurance coverage); (3) to enhance their capacity to provide quality early intervention services and expand and improve existing early intervention services being provided to infants and toddlers with disabilities and their families; and (4) to encourage States to expand opportunities for children under 3 years of age who would be at risk of having substantial developmental delay if they did not receive early intervention services. SEC. 632. [20 U.S.C. 1432] DEFINITIONS. As used in this part: (1) AT-RISK INFANT OR TODDLER.-The term "at-risk infant or toddler" means an individual under 3 years of age who would be at risk of experiencing a substantial developmental delay if early intervention services were not provided to the individual. (2) COUNCIL.-The term "council" means a State interagency coordinating council established under section 641. (3) DEVELOPMENTAL DELAY.-The term "developmental delay", when used with respect to an individual residing in a State, has the meaning given such term by the State under section 635(a)(1). (4) EARLY INTERVENTION SERVICES.-The term "early intervention services" means developmental services that (A) are provided under public supervision; (B) are provided at no cost except where Federal or State law provides for a system of payments by families, including a schedule of sliding fees; (C) are designed to meet the developmental needs of an infant or toddler with a disability in any one or more of the following areas (i) physical development; (ii) cognitive development; (iii) communication development; (iv) social or emotional development; or (v) adaptive development; (D) meet the standards of the State in which they are provided, including the requirements of this part; (E) include (i) family training, counseling, and home visits; (iii) speech-language pathology and audiology services; (iv) occupational therapy; (v) physical therapy; (vi) psychological services; (vii) service coordination services; (viii) medical services only for diagnostic or evaluation purposes; (ix) early identification, screening, and assessment services; (x) health services necessary to enable the infant or toddler to benefit from the other early intervention services; (xi) social work services; (xii) vision services; (xiii) assistive technology devices and assistive technology services; and (xiv) transportation and related costs that are necessary to enable an infant or toddler and the infant's or toddler's family to receive another service described in this paragraph; (F) are provided by qualified personnel, including- (ii) speech-language pathologists and audiologists; (iv) physical therapists; (v) psychologists; (vi) social workers; (vii) nurses; (viii) nutritionists; (ix) family therapists; (x) orientation and mobility specialists; and (xi) pediatricians and other physicians; (G) to the maximum extent appropriate, are provided in natural environments, including the home, and community settings in which children without disabilities participate; and (H) are provided in conformity with an individualized family service plan adopted in accordance with section 636. (5) INFANT OR TODDLER WITH A DISABILITY.-The term "infant or toddler with a disability" (A) means an individual under 3 years of age who needs early intervention services because the individual (i) is experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures in one or more of the areas of cognitive development, physical development, communication development, social or emotional development, and adaptive development; or (ii) has a diagnosed physical or mental condition which has a high probability of resulting in developmental delay; and (B) may also include, at a State's discretion, at-risk infants and toddlers. SEC. 633. [20 U.S.C. 1433] GENERAL AUTHORITY. The Secretary shall, in accordance with this part, make grants to States (from their allotments under section 643) to assist each State to maintain and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency system to provide early intervention services for infants and toddlers with disabilities and their families. SEC. 634. [20 U.S.C. 1434] ELIGIBILITY. In order to be eligible for a grant under section 633, a State shall demonstrate to the Secretary that the State (1) has adopted a policy that appropriate early intervention services are available to all infants and toddlers with disabilities in the State and their families, including Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State; and (2) has in effect a statewide system that meets the requirements of section 635. SEC. 635. [20 U.S.C. 1435] REQUIREMENTS FOR STATEWIDE SYSTEM. (a) IN GENERAL.-A statewide system described in section 633 shall include, at a minimum, the following components: (1) A definition of the term "developmental delay" that will be used by the State in carrying out programs under this part. (2) A State policy that is in effect and that ensures that appropriate early intervention services are available to all infants and toddlers with disabilities and their families, including Indian infants and toddlers and their families residing on a reservation geographically located in the State. (3) A timely, comprehensive, multidisciplinary evaluation of the functioning of each infant or toddler with a disability in the State, and a family-directed identification of the needs of each family of such an infant or toddler, to appropriately assist in the development of the infant or toddler. (4) For each infant or toddler with a disability in the State, an individualized family service plan in accordance with section 636, including service coordination services in accordance with such service plan. (5) A comprehensive child find system, consistent with part B, including a system for making referrals to service providers that includes timelines and provides for participation by primary referral sources. |