To authorize appropriations for part B of the Individuals with Disabilities Education Act.

TEXT OF AMENDMENTS

SA 3144. Mr. HARKIN (for himself, Mr. Hagel, Mr. Kennedy, Ms.
Collins, Mr. Jeffords, Mr. Coleman, Mrs. Clinton, Mr. Roberts, Ms.
Mikulski, Mr. Dodd, Mr. Reed, Ms. Stabenow, Mr. Levin, Mr. Rockefeller,
Mr. Corzine, Mr. Schumer, Mr. Warner, Ms. Murkowski, Mr. Johnson, Mrs.
Lincoln, and Mr. Pryor) proposed an amendment to the bill S. 1248, to
reauthorize the Individuals with Disabilities Education Act, and for
other purposes; as follows:

In section 611 of the Individuals with Disabilities
Education Act (as amended by section 101 of the bill) strike
subsection (i) and insert the following:
``(i) Funding.--
``(1) In general.--For the purpose of carrying out this
part, other than section 619, there are authorized to be
appropriated--
``(A) $12,268,000,000 or the maximum amount available for
awarding grants under subsection (a)(2), whichever is lower,
for fiscal year 2005, and, there are hereby appropriated
$2,200,000,000 for fiscal year 2005, which shall become
available for obligation on July 1, 2005 and shall remain
available through September 30, 2006, except that if the
maximum amount available for awarding grants under subsection
(a)(2) is less than $12,268,000,0000, then the amount
appropriated in this subparagraph shall be reduced by the
difference between $12,268,000,000 and the maximum amount
available for awarding grants under subsection (a)(2);
``(B) $14,468,000,000 or the maximum amount available for
awarding grants under subsection (a)(2), whichever is lower,
for fiscal year 2006, and, there are hereby appropriated
$4,400,000,000 for fiscal year 2006,

[[Page S5378]]

which shall become available for obligation on July 1, 2006
and shall remain available through September 30, 2007, except
that if the maximum amount available for awarding grants
under subsection (a)(2) is less than $14,468,000,000, then
the amount appropriated in this subparagraph shall be reduced
by the difference between $14,468,000,000 and the maximum
amount available for awarding grants under subsection (a)(2);
``(C) $16,668,000,000 or the maximum amount available for
awarding grants under subsection (a)(2), whichever is lower,
for fiscal year 2007, and, there are hereby appropriated
$6,600,000,000 for fiscal year 2007, which shall become
available for obligation on July 1, 2007 and shall remain
available through September 30, 2008, except that if the
maximum amount available for awarding grants under subsection
(a)(2) is less than $16,668,000,000, then the amount
appropriated in this subparagraph shall be reduced by the
difference between $16,668,000,000 and the maximum amount
available for awarding grants under subsection (a)(2);
``(D) $18,868,000,000 or the maximum amount available for
awarding grants under subsection (a)(2), whichever is lower,
for fiscal year 2008, and, there are hereby appropriated
$8,800,000,000 for fiscal year 2008, which shall become
available for obligation on July 1, 2008 and shall remain
available through September 30, 2009, except that if the
maximum amount available for awarding grants under subsection
(a)(2) is less than $18,868,000,000, then the amount
appropriated in this subparagraph shall be reduced by the
difference between $18,868,000,000 and the maximum amount
available for awarding grants under subsection (a)(2);
``(E) $21,068,000,000 or the maximum amount available for
awarding grants under subsection (a)(2), whichever is lower,
for fiscal year 2009, and, there are hereby appropriated
$11,000,000,000 for fiscal year 2009, which shall become
available for obligation on July 1, 2009 and shall remain
available through September 30, 2010, except that if the
maximum amount available for awarding grants under subsection
(a)(2) is less than $21,068,000,000, then the amount
appropriated in this subparagraph shall be reduced by the
difference between $21,068,000,000 and the maximum amount
available for awarding grants under subsection (a)(2); and
``(F) the maximum amount available for awarding grants
under subsection (a)(2) for fiscal year 2010 and each
succeeding fiscal year, and, there are hereby appropriated
for each such year an amount equal to the maximum amount
available for awarding grants under subsection (a)(2) for the
fiscal year for which the determination is made minus
$10,068,000,000, which shall become available for obligation
on July 1 of the fiscal year for which the determination is
made and shall remain available through September 30 of the
succeeding fiscal year.
``(2) Reauthorization.--Nothing in this subsection shall be
construed to prevent or limit the authority of Congress to
reauthorize the provisions of this Act.
______

SA 3145. Mr. GREGG proposed an amendment to the bill S. 1248, to
reauthorize the Individuals with Disabilities Education Act, and for
other purposes; as follows:

On page 443, strike lines 3 and 4, and insert the
following:

there are authorized to be appropriated--
``(1) $12,358,376,571 for fiscal year 2005;
``(2) $14,648,647,143 for fiscal year 2006;
``(3) $16,938,917,714 for fiscal year 2007;
``(4) $19,229,188,286 for fiscal year 2008;
``(5) $21,519,458,857 for fiscal year 2009;
``(6) $23,809,729,429 for fiscal year 2010;
``(7) $26,100,000,000 for fiscal year 2011; and
``(8) such sums as may be necessary for fiscal year 2012
and each succeeding fiscal year.
______

SA 3146. Mrs. CLINTON proposed an amendment to the bill S. 1248, to
reauthorize the Individuals with Disabilities Education Act, and for
other purposes; as follows:

At the end of the bill, add the following:

TITLE V--MISCELLANEOUS

SEC. 501. AMENDMENT TO CHILDREN'S HEALTH ACT OF 2000.

Section 1004 of the Children's Health Act of 2000 (42
U.S.C. 285g note) is amended--
(1) in subsection (b), by striking ``Agency'' and inserting
``Agency, and the Department of Education''; and
(2) in subsection (c)--
(A) in paragraph (2), by striking ``and'' after the
semicolon;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) be conducted in compliance with section 444 of the
General Education Provisions Act (20 U.S.C. 1232g), including
the requirement of prior parental consent for the disclosure
of any education records, except without the use of authority
or exceptions granted to authorized representatives of the
Secretary of Education for the evaluation of Federally-
supported education programs or in connection with the
enforcement of the Federal legal requirements that relate to
such programs.''.
______

SA 3147. Mr. GREGG (for himself, Mr. Enzi, and Mr. Grassley) proposed
an amendment to the bill S. 1248, to reauthorize the Individuals with
Disabilities Education Act, and for other purposes; as follows:

On page 558, strike lines 7 through 12, and insert the
following:
``(B) Award of attorneys' fees.--
``(i) In general.--In any action or proceeding brought
under this section, the court, in its discretion, may award
reasonable attorneys' fees as part of the costs--

``(I) to a prevailing party who is the parent of a child
with a disability;
``(II) to a prevailing party who is a State educational
agency or local educational agency against the attorney of a
parent who files a complaint or subsequent cause of action
that is frivolous, unreasonable, or without foundation, or
against the attorney of a parent who continued to litigate
after the litigation clearly became frivolous, unreasonable,
or without foundation; or
``(III) to a State educational agency or local educational
agency against the attorney of a parent, or against the
parent, if the parent's complaint or subsequent cause of
action was presented for any improper purpose, such as to
harass or to cause unnecessary delay or needless increase in
the cost of litigation.

``(ii) Rule of construction.--Nothing in this subparagraph
shall be construed to affect section 432 of the District of
Columbia Appropriations Act, 2004.
______

SA 3148. Mrs. MURRAY (for herself, Mr. DeWine, and Mr. Feingold)
proposed an amendment to the bill S. 1248, to reauthorize the
Individuals with Disabilities Education Act, and for other purposes; as
follows:

In section 602 of the Individuals with Disabilities
Education Act (as amended by section 101 of the bill), strike
paragraph (22) and insert the following:
``(22) Parent.--
``(A) In general.--The term `parent'--
``(i) means--

``(I) a natural or adoptive parent of a child;
``(II) a guardian (but not the State if the child is a ward
of the State);
``(III) an individual acting in the place of a natural or
adoptive parent, including a grandparent, stepparent, or
other relative with whom the child lives or an individual who
is legally responsible for the child's welfare; or
``(IV) except as used in sections 615(b)(2) and 639(a)(5),
an individual assigned under either of those sections to be a
surrogate parent; and

``(ii) in the case of a homeless child who is not in the
physical custody of a parent or guardian, includes a related
or unrelated adult with whom the child is living or other
adult jointly designated by the child and the local
educational agency liaison for homeless children and youths
(designated pursuant to section 722(g)(1)(J)(ii) of the
McKinney-Vento Homeless Assistance Act), in addition to other
individuals permitted by law.
``(B) Foster parent.--Unless State law prohibits a foster
parent from acting as a parent, the term `parent' includes a
foster parent if--
``(i) the natural or adoptive parents' authority to make
educational decisions on the child's behalf has been
extinguished under State law; and
``(ii) the foster parent--

``(I) has an ongoing, long-term parental relationship with
the child;
``(II) is willing to make the educational decisions
required of parents under this Act; and
``(III) has no interest that would conflict with the
interests of the child.

In section 602 of the Individuals with Disabilities
Education Act (as amended by section 101 of the bill), add at
the end the following:
``(34) Child with a disability in a military family.--The
term `child with a disability in a military family' means a
child with a disability who has a parent who is a member of
the Armed Forces, including a member of the National Guard or
Reserves.
``(35) Homeless children.--The term `homeless children' has
the meaning given the term `homeless children and youths' in
section 725 of the McKinney-Vento Homeless Assistance Act.
``(36) Ward of the state.--The term `ward of the State'
means a child who, as defined by the State where the child
resides, is a foster child, a ward of the State or is in the
custody of a public child welfare agency.
In section 612(a)(3)(A) of the Individuals with
Disabilities Education Act (as amended by section 101 of the
bill), strike ``disabilities attending'' and insert
``disabilities who are homeless children or are wards of the
State and children with disabilities attending''.
In section 612(a)(20)(B)(i) of the Individuals with
Disabilities Education Act (as amended by section 101 of the
bill), strike the semicolon at the end and insert ``,
including not less than 1 foster parent of a child with
disabilities who is a ward of the State, not less than 1
grandparent or other relative who is acting in the place of a
natural or adoptive parent, and not less than 1
representative of children with disabilities in military
families;''.
In section 612(a)(20)(B)(v) of the Individuals with
Disabilities Education Act (as amended by section 101 of the
bill), strike the semicolon at the end and insert ``,
including officials who carry out activities under subtitle B
of title VII of the McKinney-Vento Homeless Assistance
Act;''.
In section 612(a)(20)(B) of the Individuals with
Disabilities Education Act (as amended by section 101 of the
bill), add at the end the following:

[[Page S5379]]

``(xi) representatives from the State child welfare agency;
and
``(xii) a representative of wards of the State who are in
foster care, such as an attorney for children in foster care,
a guardian ad litem, a court appointed special advocate, or a
judge.
In section 614(a)(1)(D) of the Individuals with
Disabilities Education Act (as amended by section 101 of the
bill), after clause (iii) insert the following:
``(iv) Exception for wards of the state.--The agency shall
not be required to obtain an informed consent from the
parents of a child for an initial evaluation to determine
whether the child is a child with a disability if such child
is a ward of the State and is not residing with the child's
parent and consent has been given by an individual who has
appropriate knowledge of the child's educational needs,
including the judge appointed to the child's case or the
child's attorney, guardian ad litem, or court appointed
special advocate.
In section 614(b)(3) of the Individuals with Disabilities
Education Act (as amended by section 101 of the bill), add at
the end the following:
``(D) assessments of children with disabilities, including
homeless children with disabilities who are wards of the
State, and children with disabilities in Military families,
who transfer from 1 school district to another school
district in the same academic year, are--
``(i) coordinated with such children's prior and subsequent
schools as necessary to ensure timely completion of full
evaluations; and
``(ii) completed within time limits--

``(I) established for all students by Federal law or State
plans; and
``(II) that computes the commencement of time from the date
on which such children are first referred for assessments in
any local educational agency.

In section 614(d)(1)(B) of the Individuals with
Disabilities Education Act (as amended by section 101 of the
bill), add at the end the following:
``(viii) if the child is a ward of the State, another
individual with appropriate knowledge of the child's
educational needs, such as a foster parent, a relative with
whom the child lives who acts as a parent to the child, an
attorney for the child, a guardian ad litem, a court
appointed special advocate, a judge, or an education
surrogate.
In section 614(d)(2) of the Individuals with Disabilities
Education Act (as amended by section 101 of the bill), add at
the end the following:
``(C) Program for children who transfer school districts.--
``(i) In general.--In the case of a child with a
disability, including a homeless child with a disability or a
child with a disability who is a ward of the state, or a
child with a disability in a military family, who transfers
school districts within the same academic year, who enrolls
in a new school and who had an IEP that was in effect in the
same or another State, the local educational agency, State
educational agency, or other State agency, as the case may
be, shall immediately provide such child with a free
appropriate public education, including comparable services
identified in the previously held IEP and in consultation
with the parents until such time as the local educational
agency, State educational agency, or other State agency, as
the case may be, adopts the previously held IEP or develops,
adopts, and implements a new IEP that is consistent with
Federal and State law.
``(ii) Transmittal of records.--To facilitate the
transition for a child described in clause (i), the new
school in which the child enrolls shall immediately request
the child's records from the previous schools in which the
child was enrolled and the previous schools in which the
child was enrolled shall immediately transmit to the new
school, upon such request, the IEP and supporting documents
and any other records relating to the provision of special
education or related services to the child.
In section 614(e) of the Individuals with Disabilities
Education Act (as amended by section 101 of the bill), add at
the end the following: ``Decisions regarding the educational
placement of a child with a disability who is a homeless
child shall comply with the requirements described under
section 722(g)(3) of the McKinney-Vento Homeless Assistance
Act.''.
In section 615(a) of the Individuals with Disabilities
Education Act (as amended by section 101 of the bill), insert
``, including children with disabilities who are wards of the
State,'' after ``children with disabilities''.
In section 615(b)(2) of the Individuals with Disabilities
Education Act (as amended by section 101 of the bill), strike
``or the child is a ward of the State'' and insert ``the
child is a ward of the State, or the child is a homeless
child who is not in the physical custody of a parent or
guardian''.
In section 615(b)(2) of the Individuals with Disabilities
Education Act (as amended by section 101 of the bill), insert
``in accordance with subsection (o)'' after ``surrogate for
the parents''.
In section 615(b)(7)(A)(ii)(I) of the Individuals with
Disabilities Education Act (as amended by section 101 of the
bill), strike ``residence of the child,'' and insert
``residence of the child (or available contact information in
the case of a homeless child),''.
In section 615(b) of the Individuals with Disabilities
Education Act (as amended by section 101 of the bill), add at
the end the following:
``(10) procedures to protect the rights of the child
whenever the child is a ward of the State, including
procedures that preserve the rights of the natural or
adoptive parent to make the decisions required of parents
under this Act (unless such rights have been extinguished
under State law) but that permit a child who is represented
in juvenile court by an attorney, guardian ad litem, or
another individual, to have such attorney, guardian ad litem,
or other individual present in any meetings, mediation
proceedings, or hearings provided under this Act.
In section 615(l) of the Individuals with Disabilities
Education Act (as amended by section 101 of the bill), strike
``disabilities,'' and insert ``disabilities, or under
subtitle B of title VII of the McKinney-Vento Homeless
Assistance Act or parts B and E of title IV of the Social
Security Act,''.
In section 615 of the Individuals with Disabilities
Education Act (as amended by section 101 of the bill), add at
the end the following:
``(o) Surrogate Parent.--
``(1) Assignment.--The assignment of a surrogate under
subsection (b)(2) shall take place not more than 30 days
after either of the following takes place:
``(A) The child is referred to the local educational agency
for an initial evaluation to determine if the child is a
child with a disability.
``(B) There is a determination made by the agency that the
child needs a surrogate parent because the child's parent
cannot be identified, the child becomes a ward of the State,
or, despite reasonable efforts to do so, the agency cannot
discover the whereabouts of the parent of the child.
``(2) Requirements of surrogate.--An individual may not be
assigned to act as a surrogate for the parents under
subsection (b)(2) unless the individual--
``(A) signs a written form agreeing to make the educational
decisions required of parents under this Act;
``(B)(i) has the knowledge and skills necessary to ensure
adequate representation of the child; or
``(ii) agrees to be trained as an educational surrogate;
and
``(C) has no interests that would conflict with the
interests of the child.
``(3) Foster parent as surrogate.--A foster parent of a
child may be assigned to act as a surrogate for the parents
of such child under subsection (b)(2) if the foster parent--
``(A) has an ongoing, long-term parental relationship with
the child;
``(B) agrees to make the educational decisions required of
parents under this Act;
``(C) agrees to be trained as an educational surrogate; and
``(D) has no interest that would conflict with the
interests of the child.
In section 631(a)(5) of the Individuals with Disabilities
Education Act (as amended by section 101 of the bill), insert
``, and infants and toddlers in foster care'' after ``rural
children''.
In section 634(1) of the Individuals with Disabilities
Education Act (as amended by section 101 of the bill), insert
``, infants or toddlers with disabilities who are homeless
children, infants or toddlers with disabilities who are wards
of the State, and infants or toddlers with disabilities who
have a parent who is a member of the Armed Forces, including
a member of the National Guard or Reserves'' after ``located
in the State''.
In section 635(a)(6) of the Individuals with Disabilities
Education Act (as amended by section 101 of the bill), strike
``hospitals and physicians'' and insert ``hospitals,
physicians, homeless family shelters, medicaid and State
child health insurance program enrollment offices, health and
mental health clinics, public schools in low-income areas
serving low-income children, staff in State and local child
welfare agencies, judges, and base commanders or their
designees''.
In section 635(a) of the Individuals with Disabilities
Education Act (as amended by section 101 of the bill), add at
the end the following:
``(17) A procedure to ensure that early intervention
services and evaluations are available to infants or toddlers
with disabilities who are--
``(A) homeless children; and
``(B) wards of the State or in foster care, or both.
In section 635 of the Individuals with Disabilities
Education Act (as amended by section 101 of the bill), add at
the end the following:
``(c) Construction.--Nothing in subsection (a)(5) shall be
construed to alter the responsibility of a State under title
XIX of the Social Security Act with respect to early and
periodic screening, diagnostic, and treatment services (as
defined in section 1905(r) of such Act).
In section 637(a) of the Individuals with Disabilities
Education Act (as amended by section 101 of the bill), add at
the end the following:
``(11) a description of policies and procedures to ensure
that infants or toddlers with disabilities who are homeless
children and their families and infants or toddlers with
disabilities who are wards of the State have access to
multidisciplinary evaluations and early intervention
services.
In section 637(b)(7) of the Individuals with Disabilities
Education Act (as amended by section 101 of the bill), strike
``low-income, and rural families'' and insert ``low-income,
homeless, and rural families and children

[[Page S5380]]

with disabilities who are wards of the State''.
In section 641(b)(1)(A) of the Individuals with
Disabilities Education Act (as amended by section 101 of the
bill), strike the period at the end and insert ``, not less
than one other member shall be a foster parent of a child
with a disability, not less than one other member shall be a
grandparent or other relative acting in the place of a
natural or adoptive parent of a child with a disability, and
not less than 1 other member shall be a representative of
children with disabilities in military families.''.
In section 641(b)(1) of the Individuals with Disabilities
Education Act (as amended by section 101 of the bill), add at
the end the following:
``(K) Office of the coordinator of education of homeless
children and youth.--Not less than 1 representative
designated by the Office of Coordinator for Education of
Homeless Children and Youths.
``(L) State child welfare agency.--Not less than 1
representative from the State child welfare agency
responsible for foster care.
``(M) Representative of foster children.--Not less than 1
individual who represents the interests of children in foster
care and understands such children's education needs, such as
an attorney for children in foster care, a guardian ad litem,
a court appointed special advocate, a judge, or an education
surrogate for children in foster care.
In section 661(d)(3) of the Individuals with Disabilities
Education Act (as amended by section 101 of the bill), add at
the end the following:
``(K) children with disabilities served by local
educational agencies that receive payments under title VIII
of the Elementary and Secondary Education Act of 1965;
``(L) children with disabilities who are homeless children
or children with disabilities who are wards of the State;
In section 661(d) of the Individuals with Disabilities
Education Act (as amended by section 101 of the bill), add at
the end the following:
``(8) projects that provide training in educational
advocacy to individuals with responsibility for the needs of
wards of the State, including foster parents, grandparents
and other relatives acting in the place of a natural or
adoptive parent, attorneys for children in foster care,
guardians ad litem, court appointed special advocates,
judges, education surrogates, and children's caseworkers.
______

SA 3149. Mr. GREGG (for Mr. Santorum) proposed an amendment to the
bill S. 1248, to reauthorize the Individuals with Disabilities
Education Act, and for other purposes; as follows:

Amend section 609 of the Individuals with Disabilities
Education Act, as amended by section 101 of the bill, to read
as follows:

``SEC. 609. PAPERWORK REDUCTION.

``(a) Report to Congress.--The Comptroller General shall
conduct a review of Federal, State, and local requirements
relating to the education of children with disabilities to
determine which requirements result in excessive paperwork
completion burdens for teachers, related services providers,
and school administrators, and shall report to Congress not
later than 18 months after the date of enactment of the
Individuals with Disabilities Education Improvement Act of
2003 regarding such review along with strategic proposals for
reducing the paperwork burdens on teachers.
``(b) Paperwork Reduction Demonstration.--
``(1) Pilot program.--
``(A) Purpose.--The purpose of this subsection is to
provide an opportunity for States to identify ways to reduce
paperwork burdens and other administrative duties that are
directly associated with the requirements of this Act, in
order to increase the time and resources available for
instruction and other activities aimed at improving
educational and functional results for children with
disabilities.
``(B) Authorization.--
``(i) In general.--In order to carry out the purpose of
this subsection, the Secretary is authorized to grant waivers
of statutory requirements of, or regulatory requirements
relating to, this part for a period of time not to exceed 4
years with respect to not more than 20 States based on
proposals submitted by States to reduce excessive paperwork
and noninstructional time burdens that do not assist in
improving educational and functional results for children
with disabilities.
``(ii) Exception.--The Secretary shall not waive any
statutory requirements of, or regulatory requirements
relating to, applicable civil rights requirements.
``(iii) Rule of construction.--Nothing in this subsection
shall be construed to--

``(I) affect the right of a child with a disability to
receive a free appropriate public education under this part;
and
``(II) permit a State or local educational agency to waive
procedural safeguards under section 615.

``(C) Proposal.--
``(i) In general.--A State desiring to participate in the
program under this subsection shall submit a proposal to the
Secretary at such time and in such manner as the Secretary
may reasonably require.
``(ii) Content.--The proposal shall include--

``(I) a list of any statutory requirements of, or
regulatory requirements relating to, this part that the State
desires the Secretary to waive or change, in whole or in
part; and
``(II) a list of any State requirements that the State
proposes to waive or change, in whole or in part, to carry
out a waiver granted to the State by the Secretary.

``(D) Termination of waiver.--The Secretary shall terminate
a State's waiver under this subsection if the Secretary
determines that the State--
``(i) has failed to make satisfactory progress in meeting
the indicators described in section 616; or
``(ii) has failed to appropriately implement its waiver.
``(2) Report.--Beginning 2 years after the date of
enactment of the Individuals with Disabilities Education
Improvement Act of 2003, the Secretary shall include in the
annual report to Congress submitted pursuant to section 426
of the Department of Education Organization Act information
related to the effectiveness of waivers granted under
paragraph (1), including any specific recommendations for
broader implementation of such waivers, in--
``(A) reducing--
``(i) the paperwork burden on teachers, principals,
administrators, and related service providers; and
``(ii) noninstructional time spent by teachers in complying
with this part;
``(B) enhancing longer-term educational planning;
``(C) improving positive outcomes for children with
disabilities;
``(D) promoting collaboration between IEP Team members; and
``(E) ensuring satisfaction of family members.

____________________