Education of the Handicapped Act Amendments of 1983

(Measure passed House, amended, in lieu of H. R. 3435)

Education of the Handicapped Amendments of 1984 - Amends the Education of the Handicapped Act ("the Act") to revise definitions.

Redefines "handicapped children" to include language impaired children.

Renames the National Advisory Committee on Handicapped Children as the National Advisory Committee on the Education of Handicapped Children. Includes the Northern Mariana Islands under the definition of "State." Replaces outdated references to the Commissioner of Education and the Secretary of Health, Education, and Welfare with references to the Secretary of Education ("the Secretary").

Defines "handicapped youth" as any handicapped child who is: (1) 12 years of age or older; or (2) enrolled in the seventh or higher grade in school.

Establishes, within the Office of Special Education and Rehabilitative Services in the Department of Education, an Office of Special Education Programs to be the principal agency for administering and carrying out the Act. Provides that such Office shall be headed by a Deputy Assistant Secretary, with a specified number of persons in certain positions to assist such official.

Reestablishes the National Advisory Committee on the Education of Handicapped Children and Youth ("the Advisory Committee"). Authorizes appropriations for the Advisory Committee for FY 1984 through 1986.

Revises provisions relating to grants for the removal of architectural barriers.

Sets forth requirements for prescribing regulations under the Act. Provides for a 90-day comment period for proposed regulations under the Act (as an exception to the 30-day period prescribed under the General Education Provisions Act). Prohibits the Secretary from implementing, or publishing in final form, any regulation prescribed pursuant to the Act which would procedurally or substantively lessen the protections provided to handicapped children, as embodied in specified regulations, except to the extent that such regulation reflects the clear and unequivocal intent of the Congress in legislation. Directs the Secretary to transmit a copy of any regulations promulgated under the Act to the National Committee on Education of the Handicapped concurrently with publication in the Federal Register.

Directs the Secretary to arrange for the provision of services under the Act to handicapped children enrolled in private schools in States which prohibit by law (on the date of enactment of this Act) State education agencies from providing for participation of such children in such programs. Authorizes the Secretary to withhold from the allocation of the affected State education agency the amount estimated as necessary to pay the cost of such services. Set forth procedures for State complaints and appeals and for judicial review of the Secretary's determinations and actions in providing such services.

Revises evaluation provisions. Directs the Secretary to: (1) provide for specified types of evaluation studies to determine the impact of the Act; and (2) publish an annual report, including specified types of information, on the progress being made toward the provision of free appropriate public education to all handicapped children and youth. Authorizes the Secretary to enter into cooperative agreements with State educational agencies for specified payments to carry out specified types of studies to assess programs assisted under this Act. Requires that such annual report be: (1) transmitted to the appropriate congressional committees and to the Advisory Committee; and (2) published and disseminated in sufficient quantities to the education community and other interested parties. Authorizes appropriations for FY 1984 through 1986 to carry out evaluation provisions.

Revises incentive grants provisions to permit such grants to be used for providing education and related services for handicapped children from birth to three years of age.

Revises Part C provisions of the Act for centers and services to meet special needs of the handicapped.

Provides that regional resource centers shall provide technical assistance to State education agencies (SEAs) and through such SEAs to local educational agencies (LEAs). Includes among center functions assistance in information and training services for professionals and parents of handicapped children. Requires each center to report a summary of materials produced or developed. Requires inclusion of center reports in the annual report to Congress.

Revises provisions for services for deaf-blind children to extend services to deaf-blind youth. Deletes provisions for model centers. Authorizes the Secretary to make grants to and contracts or cooperative agreements with public or nonprofit private agencies, institutions, or organizations to assist SEAs to: (1) assure deaf-blind children and youth provision of special education and related services as well as vocational and transitional services; and (2) make available to deaf-blind youth, upon their attaining age 22, programs and services to facilitate their transition from educational to other services. Sets forth requirements for programs receiving such grants, contracts, or cooperative agreements. Directs the Secretary to take into consideration the need for a center for deaf- blind children and youth in the light of the general availability and quality of existing services for such children and youth in the part of the country involved. Authorizes the Secretary to enter into a limited number of cooperative agreements or contracts to establish and support regional programs for the provision of technical assistance in the education of deaf-blind children. Requires programs supported under provisions for services for deaf-blind children and youth to report annually on: (1) the numbers of deaf-blind children and youth; (2) the numbers of paraprofessionals and professionals, and family members directly serviced by each activity; and (3) the types of activities provided. Directs the Secretary to revise the count of deaf-blind children and youth to reflect the most accurate count, based upon an examination of specified information. Directs the Secretary to summarize the reported data in the annual report. Directs the Secretary to disseminate materials and information concerning effective practices in working with deaf-blind children and youth.

Revises provisions for early education for handicapped children to include handicapped children from birth through eight years of age.

Authorizes the Secretary to make a grant to each State through the SEA or other State agency to assist such State agency in planning, developing, and implementing a comprehensive delivery system for the provision of special education and related services to handicapped children from birth through five years of age. Directs the Secretary to make one of the following types of such grants to any State which submits an application which meets the specified requirements: (1) a planning grant for up to two years; (2) a development grant for up to three years; or (3) an implementation grant for up to three years (but requiring an annual renewal application by the State). Directs the Secretary to include in the annual report: (1) specified information on such grants and activities; and (2) beginning in 1986, in consultation with the Advisory Committee and with the National Council for the Handicapped, a description of the status of special education and related services to handicapped children from birth through five years of age. Requires that at least 30 percent of funds available under provisions for early education for handicapped children be used for such grant. Requires that at least ten percent of funds for such grants be for training and technical assistance to States.

Authorizes the Secretary, in carrying out provisions for research, training, and dissemination activities in connection with centers and services for the handicapped, to address the needs of the severely handicapped.

Directs the Secretary to make grants and contracts under provisions for postsecondary education programs: (1) on a competitive basis; and (2) giving priority consideration to four regional centers for the deaf and to model centers and programs for individuals with handicapping conditions other than deafness for specified types of programs. Sets a required minimum amount for such payments to the four regional centers for the deaf. Defines "handicapped individuals," for purposes of such provisions for postsecondary education programs, as individuals who are mentally retarded, hard of hearing, deaf, speech or language impaired, visually handicapped, seriously emotionally disturbed, orthopedically impaired, or other health impaired individuals, or individuals with specific learning disabilities who require special education and related services.

Establishes a program of assistance for secondary education and transitional services for handicapped youth. Authorizes the Secretary to make grants to and contracts with institutions of higher education, SEAs and LEAs, and other appropriate public and private nonprofit institutions or agencies (including the State job training coordinating councils and service delivery area administrative entities established under the Job Training Partnership Act) for secondary special education programs and other services to assist handicapped youth in the transition to postsecondary education, vocational training, competitive employment, continuing education, and adult services. Sets forth types of projects which may be assisted. Requires that such projects provide for appropriate direct participation of handicapped students and their parents in project planning, development, and implementation. Directs the Secretary, as appropriate, to coordinate such programs with specified projects developed under the Rehabilitation Act of 1973.

Requires that the results of the Secretary's evaluations of the effectiveness of each program assisted under Part C provisions of the Act for centers and services to meet the special needs of the handicapped be analyzed and submitted to the appropriate congressional committees.

Authorizes appropriations for FY 1984 through 1986 to carry out Part C programs under provisions for centers and services to meet special needs of the handicapped, including: (1) regional resource centers; (2) centers and services for deaf-blind children and youth; (3) early education for handicapped children; (4) research, training, and dissemination activities in connection with centers and services for the handicapped; (5) postsecondary education programs; and (6) secondary education and transitional services for handicapped youth.

Revises Part D provisions of the Act for training for the education of the handicapped.

Authorizes the Secretary to make grants, which may include scholarships with stipends and allowances, to institutions of higher education (including the university-affiliated facilities program under the Rehabilitation Act of 1973 and the satellite network of the developmental disabilities program) and other appropriate nonprofit agencies for training personnel for careers in special education and other personnel providing special services. Permits such grants to be used to assist in covering the cost of courses of training or study for such personnel and for fellowships;fellowships or traineeships with stipends and allowances.

Authorizes the Secretary to reserve up to five percent of the amount available under personnel training grants provisions for contracts to prepare personnel in areas where shortages exist, when a response to that need has not been adequately addressed in the grant process.

Authorizes the Secretary to make grants to institutions of higher education and other appropriate nonprofit agencies to conduct special projects to develop and demonstrate new approaches for preservice training, regular educators, and inservice training of special education personnel. Authorizes the Secretary to make grants through a separate competition to private nonprofit organizations to provide training and information to parents of handicapped children and volunteers who work with parents. Sets forth requirements for such grants. Directs the Secretary to provide technical assistance for such parent training and information programs.

Directs the Secretary to make grants to SEAs for traineeships. (Current law authorizes such grants.)

Revises provisions for grants or contracts to improve recruiting of educational personnel and dissemination of information concerning educational opportunities for the handicapped. Authorizes the Secretary to make such grants or contracts for a national clearinghouse on the education of the handicapped and for other support projects to achieve specified objectives.

Deletes provisions for grants for training physical educators and recreation personnel for handicapped children.

Revises reporting requirements to require that reports to the Secretary by grant or contract recipients under part D: (1) be submitted within 60 days after the end of the fiscal year; and (2) include specified information. Requires that a summary of such data be included in the annual report of the Secretary. Authorizes the Secretary to make contracts with profitmaking organizations, under such reporting provisions, only when necessary for materials or media access.

Authorizes appropriations for FY 1984 through 1986 to carry out Part D provisions for training personnel for the education of the handicapped, including: (1) grants to institutions of higher education and other appropriate institutions or agencies; (2) grants to SEAs; and (3) recruitment of educational personnel and the provision of information concerning the education of handicapped individuals. Directs the Secretary to reserve ten percent of such appropriations for parent training and information programs.

Revises Part E provisions of the Act for research in the education of the handicapped.

Provides that grants and contracts for research and demonstration projects in education of handicapped children shall be used by the recipient agencies to: (1) assist special education personnel, related services personnel, and other appropriate persons, including parents, in improving the education and related services for handicapped children and youth; and (2) conduct research, surveys, or demonstrations relating to the education of handicapped children and youth. Requires that such research and related activities be designed to increase knowledge and understanding of handicapping conditions and of teaching, learning, and education-related practices and services for handicapped children and youth. Requires that such research and related activities include specified activities, including dissemination of information to interested individuals and organizations. Directs the Secretary to publish in the Federal Register: (1) a proposed set of research priorities every two years and allow a period of 60 days for public comments and suggestions; and (2) a final set of research priorities within 30 days after the close of the comment period. Directs the Secretary to: (1) provide an index of all research projects conducted in the prior fiscal year in a specified annual report; and (2) make reports of research projects available to the education community at large and other interested parties. Directs the Secretary to: (1) coordinate research priorities established under this Act with those established by the National Institute of Handicapped Research; and (2) provide information concerning research priorities established under this Act is provided to the National Council of the Handicapped and to the National Advisory Committee on the Education of Handicapped Children.

Provides that the panels of experts appointed by the Secretary shall evaluate various types of proposals for projects under parts C, D, E, and F of the Act. (Current law only requires such evaluation of part E research or demonstration projects.) Directs the Secreary to secure the advice and recommendations of one such panel before making any grant or contract under parts C, D, E, and F of the Act.

Authorizes appropriations for FY 1984 through 1986 to carry out Part E provisions for research in the education of the handicapped.

Authorizes appropriations for FY 1984 through 1986 to carry out Part F provisions of the Act for instructional media for the handicapped.

Repeals Part G of the Act (provisions for special programs for children with specific learning disabilities, including provisions for research, training, and model centers for such programs).

Makes technical and conforming amendments. Includes the Northern Mariana Islands among the territories and possessions of the United States for purposes of allocation of specified funds under the Act.

Amends the Omnibus Budget Reconciliation Act of 1981 to increase the amounts authorized to be appropriated for FY 1984 to carry out: (1) specified provisions under Part B provisions of the Act for assistance for education of all handicapped children; (2) specified Federal law relating to the American Printing House for the Blind; (3) specified Federal law relating to Gallaudet College and to the Kendall Demonstration Elementary School and the Model Secondary School for the Deaf; and (4) the National Technical Institute for the Deaf Act.

Directs the Secretary to conduct, either directly or by grant or contract, a review and evaluation of the term "behaviorally disordered" as the use of such term relates to handicapped children, as defined under the Act. Requires that such review and evaluation involve the active participation of the parents of handicapped children. Directs the Secretary, within six months after enactment of this Act, to submit a report to Congress, for referral to specified congressional committees, on such review and evaluation, together with a detailed proposal for any legislation necessary to implement the recommendations of such review and evaluation. Requires that such report include: (1) the number of seriously emotionally disturbed children currently being served under the Act, and the anticipated number of children and youth (by type of condition) in special and regular education who would be served under the Act if the definition is changed; (2) how the population of children currently served under the Act as "seriously emotionally disturbed" may be changed (particularly in terms of the severity of disability) if the term "behaviorally disordered" is substituted; (3) how such changes in terminology will affect the identification, assessment, types, and availability of special education and related services, the settings in which such services are provided, the attitudes and relationships of parents, professionals, children, and youth, and the training of professional personnel; and (4) a number of examples of seriously emotionally disturbed children who are currently effectively and ineffectively served. Authorizes the Secretary to use funds appropriated for purposes of part E research in the education of the handicapped to carry out such special study in terminology.

Provides that, to the extent that the amendments made by this Act to parts C, D, E, and G of the Act prohibit or limit the use of funds, such amendments shall apply only to funds obligated after the date of enactment of this Act. Directs the Secretary to provide financial assistance under parts C, D, E, and G of the Act as in effect on the day before the date of enactment of this Act until issuance of regulations implementing the amendments made by this Act or March 1, 1984 whichever is earlier.

Authorizes appropriations for State grants under the Rehabilitation Act of 1973 in a specified amount for FY 1984, and in amount for FY 1985 and 1986 to be determined by increases in the consumer price index. Authorizes additional appropriation for such State grants in FY 1984 through 1986, as necessary and as determined by a formula based on State allotments.

Authorizes appropriations for FY 1984 under the Rehabilitation Act of 1973 for: (1) State allotments; (2) grants to Indian tribes; (3) research; (4) training; (5) special projects and supplementary services; (6) the Helen Keller National Center for Deaf-Blind Youths and Adults; (7) recreational programs; (8) the Architectural and Transportation Barriers Compliance Board; (9) projects with industry; and (10) comprehensive services for independent living.