Individuals with Disabilities Education Act Amendments of 1995

TABLE OF CONTENTS:

Title I: Amendments to Part A of the IDEA

Title II: Amendments to Part B of the IDEA

Title III: Discretionary Programs

Title IV: Amendments to Part H of the IDEA

Individuals with Disabilities Education Act Amendments of 1995 - Reauthorizes and revises the Individuals with Disabilities Education Act (IDEA).

Sets forth effective dates for various amendments made by this Act. Authorizes the Secretary of Education to use appropriations for parts C through G of IDEA beginning with FY 1997 to make continuation awards for projects that were initially funded under those parts as in effect prior to that fiscal year.

Title I: Amendments to Part A of the IDEA - Authorizes the Secretary to accept voluntary and uncompensated services under the Office of Special Education Programs in furtherance of the purposes of IDEA.

(Sec. 104) Directs the Secretary to provide a public-comment period of at least 90 days on any regulation proposed under IDEA part B on which an opportunity for public comment is otherwise required by law.

(Sec. 106) Revises administrative provisions applicable to parts C through G of IDEA. Directs the Secretary to develop and implement a comprehensive plan for activities under parts D through G in order to assist States and local educational agencies (LEAs) in providing educational, related, and early intervention services to children with disabilities under parts B and H. Sets forth requirements relating to eligible applicants for awards, special populations, priorities, applicant and recipient responsibilities, peer review, and limitations on indirect costs. Requires that specified minimum amounts are provided for the following activities under parts D through G: (1) educational, related services, transitional, and early intervention needs of children with deaf-blindness; (2) such needs of children with emotional disturbance, and to prevent children with behavioral problems from developing an emotional disturbance; (3) such needs of children with severe disabilities; and (4) postsecondary, vocational, technical, continuing, and adult education needs of individuals with deafness.

Title II: Amendments to Part B of the IDEA - Amends IDEA part B (Assistance for Education of All Children with Disabilities) to revise requirements for allocations of grants to States (and terminate their entitlement status). Directs the Secretary to make grants to States and outlying areas (and provide funds to the Secretary of the Interior for Indian children with disabilities) for special education and related services for children with disabilities. Sets forth provisions for State-level activities, subgrants to LEAs, and minimum subgrants. Authorizes appropriations.

(Sec. 202) Revises requirements for State eligibility.

(Sec. 203) Sets forth requirements for LEA eligibility. (Replaces certain provisions for State plans.) Repeals specified provisions relating to treatment of certain State agencies.

(Sec. 204) Sets forth provisions for evaluations, reevaluations, individualized education programs, and educational placements. (Replaces certain provisions for applications.)

(Sec. 205) Revises procedural safeguards.

Authorizes States to provide for transfer of parental rights when an individual with a disability reaches the age of majority.

Repeals a provision under the Improving America's Schools Act of 1994 that would have terminated, upon reauthorization of IDEA, certain provisions relating to local control over violence (thus keeping such provisions in effect).

(Sec. 206) Revises provisions for: (1) withholding of payments and judicial review of such withholding; (2) administration of IDEA, including the Secretary's responsibilities; (3) program information; (4) preschool grants authorizing appropriations); and (5) payments to States and distribution of such payments to LEAs.

Title III: Discretionary Programs - Extends through FY 1996 the authorization of appropriations for the following IDEA discretionary programs: (1) part C, centers and services to meet special needs of individuals with disabilities; (2) part D, training personnel for the education of individuals with disabilities; (3) part E, research in the education of individuals with disabilities; (4) part F, instructional media for individuals with disabilities; and (5) part G, technology, educational media, and materials for individuals with disabilities.

(Sec. 302) Revises discretionary programs under parts C through G, effective October 1, 1996, and extends through FY 2001 the authorization of appropriations for such revised programs.

Changes part C to State Improvement, with provisions for grants to State educational agencies, State improvement plans, distribution of funds, mandatory use of at least 50 percent of such funds for professional development (and 15 percent of that for early intervention professional development), and authorized activities including subgrants to LEAs and other appropriate entities.

Renames part D as Professional Development, with provisions for national activities, professional development for personnel serving children with low-incidence disabilities, leadership personnel, and service obligation.

Renames part E as Research to Practice, with provisions for research and improvement activities, studies, evaluations, annual reports, national assessment, and reservation of additional funds from other parts for studies, evaluations, reports, and assessment.

Changes part F to Parent Training and Information, with provisions for parent training and information centers, community parent resource centers, and technical assistance.

Renames part G as Technology Development and Educational Media Services, with provisions for technology development and educational media services.

Title IV: Amendments to Part H of the IDEA - Revises IDEA part H, Infants and Toddlers with Disabilities, with respect to definitions, general authority, eligibility, requirements for a statewide system, individualized family service plans, State applications and assurances, uses of funds, procedural safeguards, and allocation of funds.

(Sec. 404) Repeals certain provisions relating to continuing eligibility.

(Sec. 407) Requires certain assessments and statements of services for at-risk infants and toddlers.

(Sec. 411) Adds to State Interagency Coordinating Council membership requirements representatives from a Head Start agency or program in the State and from a State agency responsible for child care.

(Sec. 413) Revises requirements for the composition and functions of the Federal Interagency Coordinating Council.

(Sec. 414) Requires a study and recommendations by a panel of experts with respect to uniform national definition of "developmental delay" as that term is used under IDEA part H.

(Sec. 415) Extends through FY 2001 the authorization of appropriations for IDEA part H.