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ginning on the date that funds are available for purposes of making such grants and shall make such grants not later than the expiration of the 120-day period beginning on such date.

(e) DETERMINATION BY SECRETARY.-The Secretary, based on the information received from the States and information gathered by the Secretary under subsection (d), shall determine the extent to which State educational agencies are ensuring that each homeless child and homeless youth has access to a free appropriate public education as described in section 721(1).

(f) REPORTS.-The Secretary shall prepare and submit a report to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate on the programs and activities authorized by this subtitle by December 31, 1997, and every third year thereafter. SEC. 725. [42 U.S.C. 11434a] DEFINITIONS.

For the purpose of this subtitle, unless otherwise stated

and

(1) the term "Secretary" means the Secretary of Education;

(2) the term "State" means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. SEC. 726. [42 U.S.C. 11435] AUTHORIZATION OF APPROPRIATIONS.

For the purpose of carrying out this subtitle, there are authorized to be appropriated $30,000,000 for fiscal year 1995 and such sums as may be necessary for each of the fiscal years 1996, 1997, 1998, and 1999.

PART VI-EDUCATION OF INDIVIDUALS WITH
DISABILITIES

INDIVIDUALS WITH DISABILITIES EDUCATION ACT1

PART A-GENERAL PROVISIONS

SEC. 601. [20 U.S.C. 1400] SHORT TITLE; TABLE OF CONTENTS; FINDINGS; PURPOSES.

(a) SHORT TITLE.-This Act may be cited as the "Individuals with Disabilities Education Act".

Title VI of Public Law 91-230. The short title of this title formerly was the "Education of the Handicapped Act", and was revised by section 901(a) of Public Law 101-476 (104 Stat. 1141).

The amendment made by section 101 of the Individuals with Disabilities Education Act Amendments of 1997 (Public Law 105-17; 111 Stat. 37) amends parts A through D of the Individuals with Disabilities Education Act to read as follows and repeals parts E through I of such Act. Title II of the Individuals with Disabilities Education Act Amendments of 1997, which contains effective date provisions for such amendments and repeals, is as follows:

TITLE II-MISCELLANEOUS PROVISIONS

SEC. 201. EFFECTIVE DATES.

(a) PARTS A AND B.

(1) IN GENERAL.-Except as provided in paragraph (2), parts A and B of the Individuals with Disabilities Education Act, as amended by title I, shall take effect upon the enactment of this Act.

(2) EXCEPTIONS.

(A) IN GENERAL.-Sections 612(a)(4), 612(a)(14), 612(a)(16), 614(d) (except for paragraph (6)), and 618 of the Individuals with Disabilities Education Act, as amended by title I, shall take effect on July 1, 1998.

(B) SECTION 617.-Section 617 of the Individuals with Disabilities Education Act, as amended by title I, shall take effect on October 1, 1997.

(C) INDIVIDUALIZED EDUCATION PROGRAMS AND COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT.-Section 618 of the Individuals with Disabilities Education Act, as in effect on the day before the date of the enactment of this Act, and the provisions of parts A and B of the Individuals with Disabilities Education Act relating to individualized education programs and the State's comprehensive system of personnel development, as so in effect, shall remain in effect until July 1, 1998.

(D) SECTIONS 611 AND 619.—Sections 611 and 619, as amended by title I, shall take effect beginning with funds appropriated for fiscal year 1998.

(b) PART C.-Part C of the Individuals with Disabilities Education Act, as amended by title I, shall take effect on July 1, 1998.

(c) PART D.

(1) IN GENERAL.-Except as provided in paragraph (2), part D of the Individuals with Disabilities Education Act, as amended by title I, shall take effect on October 1, 1997.

(2) EXCEPTION.-Paragraphs (1) and (2) of section 661(g) of the Individuals with Disabilities Education Act, as amended by title I, shall take effect on January 1, 1998.

SEC. 202. TRANSITION.

Notwithstanding any other provision of law, beginning on October 1, 1997, the Secretary of Education may use funds appropriated under part D of the Individuals with Disabilities Education Act to make continuation awards for projects that were funded under section 618 and parts C through G of such Act (as in effect on September 30, 1997).

SEC. 203. REPEALERS.

(a) PART I.-Effective October 1, 1998, part I of the Individuals with Disabilities Education Act is hereby repealed.

(b) PART H.-Effective July 1, 1998, part H of such Act is hereby repealed.

(c) PARTS C, E, F, AND G.-Effective October 1, 1997, parts C, E, F, and G of such Act are hereby repealed.

(b) TABLE OF CONTENTS.-The table of contents for this Act 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.

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. Withholding and judicial review.

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. Federal Interagency Coordinating Council.

Sec. 645. Authorization of appropriations.

PART D-NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH

DISABILITIES

SUBPART 1-STATE PROGRAM IMPROVEMENT GRANTS FOR CHILDREN WITH DISABILITIES

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SUBPART 2-COORDINATED RESEARCH, PERSONNEL PREPARATION, TECHNICAL
ASSISTANCE, SUPPORT, AND DISSEMINATION OF INFORMATION

Sec. 661. Administrative provisions.

CHAPTER 1-IMPROVING EARLY INTERVENTION, EDUCATIONAL, AND TRANSITIONAL SERVICES AND RESULTS FOR CHILDREN WITH DISABILITIES THROUGH COORDINATED RESEARCH AND PERSONNEL PREPARATION

Sec. 671. Findings and purpose.

Sec. 672. Research and innovation to improve services and results for children with disabilities.

Sec. 673. Personnel preparation to improve services and results for children with

disabilities.

Sec. 674. Studies and evaluations.

CHAPTER 2-IMPROVING EARLY INTERVENTION, EDUCATIONAL, AND TRANSITIONAL SERVICES AND RESULTS FOR CHILDREN WITH DISABILITIES THROUGH COORDINATED TECHNICAL ASSISTANCE, SUPPORT, AND DISSEMINATION OF INFORMATION

Sec. 681. Findings and purposes.

Sec. 682. Parent training and information centers.

Sec. 683. Community parent resource centers.

Sec. 684. Technical assistance for parent training and information centers.

Sec. 685. Coordinated technical assistance and dissemination.

Sec. 686. Authorization of appropriations.

Sec. 687. Technology development, demonstration, and utilization, and media services.

(c) FINDINGS.-The 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 policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.

(2) Before the date of the enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94–142)— (A) the special educational needs of children with disabilities were not being fully met;

(B) more than one-half of the children with disabilities in the United States did not receive appropriate educational services that would enable such children to have full equality of opportunity;

(C) 1,000,000 of the children with disabilities in the United States were excluded entirely from the public school system and did not go through the educational process with their peers;

(D) there were many children with disabilities throughout the United States participating in regular school programs whose disabilities prevented such children from having a successful educational experience because their disabilities were undetected; and

(E) because of the lack of adequate services within the public school system, families were often forced to find services outside the public school system, often at great distance from their residence and at their own expense.

(3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this Act 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 Act 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) Over 20 years of research and experience has demonstrated that the education of children with disabilities can be made more effective by

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