TEACH Act of 2003

Mr. SMITH of New Jersey (for himself, Mr. DOYLE, Mr. WELDON of Florida, Mr. TAYLOR of Mississippi, Mr. WILSON of South Carolina, Mr. PICKERING, Mr. KING of New York, Mr. GREEN of Texas, Mr. LATOURETTE, Mr. WYNN, Ms. LOFGREN, Ms. BERKLEY, Mr. FROST, Mr. WEXLER, Mr. ROTHMAN, Mr. ISRAEL, Ms. CORRINE BROWN of Florida, Mr. ABERCROMBIE, Mr. LYNCH, Mr. GREEN of Wisconsin, Mr. CANTOR, and Ms. CARSON of Indiana) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL

To provide assistance to train teachers of children with autism spectrum disorders, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Teacher Education for Autistic Children Act of 2003' or the `TEACH Act of 2003'.

SEC. 2. TRAINING OF SPECIAL EDUCATION TEACHERS WITH EXPERTISE IN AUTISM SPECTRUM DISORDERS.

(a) AUTHORIZATION OF APPROPRIATIONS- In addition to such sums as are otherwise authorized to be appropriated for `Special Education-Personnel Preparation to Improve Services and Results for Children with Disabilities', there are authorized to be appropriated for `Special Education-Personnel Preparation to Improve Services and Results for Children with Disabilities', for each of the fiscal year 2004 through 2008, $15,000,000--

(1) to provide technical assistance grants to develop standards for training teachers with respect to the provision of education for children with autism spectrum disorders (ASD) and to integrate such standards into the existing training infrastructure;

(2) to train special education teachers with an expertise in autism spectrum disorders; and

(3) to provide preservice or professional development training of personnel to be special education teachers, aides of such teachers or other paraprofessionals providing teaching assistance, special education administrators, or staff specialists (such as speech-language pathologists and school psychologists) with an expertise in autism spectrum disorders.

(b) AVAILABILITY- Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended.

SEC. 3. IMPROVING RESULTS FOR CHILDREN WITH AUTISM SPECTRUM DISORDERS.

(a) AUTHORIZATION OF APPROPRIATIONS- In addition to such sums as are otherwise authorized to be appropriated to carry out subpart 1 of part D of the Individuals with Disabilities Education Act, there are authorized to be appropriated for each of the fiscal years 2004 through 2008 $5,000,000 for competitive grants under subpart 1 of part D of such Act to assist State educational agencies, in cooperation with other appropriate entities, to improve results for children with autism spectrum disorders (ASD).

(b) AVAILABILITY- Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended.

SEC. 4. EXPANDED LOAN FORGIVENESS PROGRAM FOR TEACHERS OF AUTISTIC CHILDREN.

(a) PROGRAM-

(1) IN GENERAL- The Secretary of Education (in this section referred to as the `Secretary') shall carry out a program of assuming the obligation to repay, pursuant to subsection (c), a loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 or part D of such title (excluding loans made under sections 428B and 428C of such Act or comparable loans made under part D of such title) for any borrower who--

(A) is employed, for 3 consecutive complete school years, as a full-time special education teacher of autistic children;

(D) is not in default on a loan for which the borrower seeks forgiveness.

(2) AWARD BASIS; PRIORITY-

(A) AWARD BASIS- Subject to subparagraph (B), loan repayment under this section shall be on a first-come, first-serve basis and subject to the availability of appropriations.

(B) PRIORITY- The Secretary shall give priority in providing loan repayment under this section for a fiscal year to student borrowers who received loan repayment under this section for the preceding fiscal year.

(3) REGULATIONS- The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section.

(b) LOAN REPAYMENT-

(1) ELIGIBLE AMOUNT- The amount the Secretary may repay on behalf of any individual under this section shall not exceed--

(A) the sum of the principal amounts outstanding (not to exceed $5,000) of the individual's qualifying loans at the end of 3 consecutive complete school years of service described in subsection (a)(1)(B);

(B) an additional portion of such sum (not to exceed $5,000) at the end of each of the next

2 consecutive complete school years of such service; and

(2) CONSTRUCTION- Nothing in this section shall be construed to authorize the refunding of any repayment of a loan made under part B or D of title IV of the Higher Education Act of 1965.

(3) INTEREST- If a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan which accrues for such year shall be repaid by the Secretary.

(c) REPAYMENT TO ELIGIBLE LENDERS- The Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of loans which are subject to repayment pursuant to this section for such year.

(d) APPLICATION FOR REPAYMENT-

(1) IN GENERAL- Each eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

(2) YEARS OF SERVICE- An eligible individual may apply for loan repayment under this section after completing the required number of years of qualifying employment.

(3) FULLY QUALIFIED TEACHERS IN PUBLIC ELEMENTARY OR SECONDARY SCHOOLS- An application for loan repayment under this section shall include such information as is necessary to demonstrate that the applicant--

(A) if teaching in a public pre-kindergarten, kindergarten, elementary, middle, or secondary school (other than as a teacher in a public charter school), has obtained State certification as a teacher (including certification obtained through alternative routes to certification) or passed the State teacher licensing exam and holds a license to teach in such State; and

(B) if teaching in--

(i) a public pre-kindergarten, kindergarten, or elementary school, holds a bachelor's degree and demonstrates knowledge and skills for teaching children with autism spectrum disorders; or

(ii) a public middle or secondary school, holds a bachelor's degree and demonstrates a high level of competency for teaching children with autism spectrum disorders, through--

(I) a high level of performance on a rigorous State or local academic subject areas test; or

(II) completion of an academic major specializing in autism or severe disabilities with a concentration in autism spectrum disorders.

(4) TEACHERS IN NONPROFIT PRIVATE ELEMENTARY OR SECONDARY SCHOOLS OR CHARTER SCHOOLS- In the case of an applicant who is teaching in a nonprofit private pre-kindergarten, kindergarten, elementary, or secondary school, or in a public charter school, an application for loan repayment under this section shall include such information as is necessary to demonstrate that the applicant has knowledge and skills for teaching children with autism spectrum disorders, as certified by the chief administrative officer of the school.

(e) TREATMENT OF CONSOLIDATION LOANS- A loan amount for a consolidation loan made under section 428C of the Higher Education Act of 1965, or a Federal Direct Consolidation Loan made under part D of title IV of such Act, may be a qualified loan amount for the purpose of this section only to the extent that such loan amount was used by a borrower who otherwise meets the requirements of this section to repay--

(1) a loan made under section 428 or 428H of such Act; or

(2) a Federal Direct Stafford Loan, or a Federal Direct Unsubsidized Stafford Loan, made under part D of title IV of such Act.

(f) ADDITIONAL PROVISIONS-

(1) PREVENTION OF DOUBLE BENEFITS- No borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.).

(2) DEFINITION OF TEACHER OF AUTISTIC CHILDREN- The term `teacher of autistic children' means an individual who provides instruction to children who have been diagnosed by a physician or a psychologist as having an autism spectrum disorder.

(g) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2004 through 2008.

SEC. 5. REPORT ON AUTISM EARLY INTERVENTION ACTIVITIES.

(a) REPORT- Section 613 of the Individuals with Disabilities Education Act (20 U.S.C. 1413) is amended by adding at the end the following:

`(k) REPORT ON AUTISM EARLY INTERVENTION ACTIVITIES-

`(1) IN GENERAL- A local educational agency that receives assistance under this part for a fiscal year shall prepare and submit to the Secretary a report that contains a description of the activities referred to in paragraph (2) carried out in the preceding fiscal year.

`(2) INFORMATION- The activities referred to in this paragraph are the following:

`(A) Activities carried out by the agency to ensure that students who exhibit symptoms of autism spectrum disorders (ASD) are referred to appropriate experts for diagnosis.

`(B) Appropriate training provided by the agency, or on behalf of the agency, of personnel of the agency and schools of the agency to carry out the activities described in subparagraph (A).

`(3) DEFINITION- In this subsection, the term `autism spectrum disorders' has the meaning given the term in section 9 of the Teacher Education for Autistic Children Act of 2003.'.

(b) TECHNICAL ASSISTANCE- The Secretary of Education shall provide technical assistance to local educational agencies that receive assistance under part B of the Individuals with Disabilities Education Act to assist such agencies comply with the reporting requirement under section 613(k) of such Act (as added by subsection (a)).

SEC. 6. TASK FORCE ON AUTISM SPECTRUM DISORDERS.

(a) ESTABLISHMENT- The Secretary of Education, acting through the Assistant Secretary for Special Education and Rehabilitative Services, shall establish and provide administrative support for a Task Force on Autism Spectrum Disorders (ASD) (in this section referred to as the `Task Force').

(b) DUTIES- The Task Force shall--

(1) conduct a review of minimum standards relating to the provision of special education for children with autism spectrum disorders and provide recommendations to improve or otherwise strengthen such standards;

(2) conduct a review of the effectiveness of existing educational models used with respect to the provision of special education for children with autism spectrum disorders; and

(3) conduct an evaluation of programs carried out by State and local educational agencies to train teachers with respect to the provision of special education for children with autism spectrum disorders and provide recommendations to improve and expand such programs.

(1) IN GENERAL- The Secretary of Education, acting through the Assistant Secretary for Special Education and Rehabilitative Services and in consultation with the Director of the National Research Council (or the Director's designee), shall appoint members of the Task Force as follows:

(A) Not less than two members shall be representatives from national autism organizations.

(B) Not less than one member shall be an individual with an autism spectrum disorder or a parent (or legal guardian) of such an individual.

(D) Not less than two members shall be appropriate officers or employees of the Department of Education.

(E) Not less than two members shall be appropriate officers or employees of the Department of Health and Human Services (to be appointed in consultation with the Secretary of Health and Human Services).

(2) COMPENSATION-

(A) RATES OF PAY- Except as provided in subparagraph (B), members of the Task Force shall be paid at the maximum rate of basic pay for GS-14 of the General Schedule for each day during which they are engaged in

the actual performance of duties of the Task Force.

(B) PROHIBITION OF COMPENSATION OF FEDERAL EMPLOYEES- Members of the Task Force who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Task Force.

(C) TRAVEL EXPENSES- Each member of the Task Force shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.

(d) REPORT- Not later than one year after the date of the enactment of this Act, and annually thereafter for each of the subsequent four calendar years, the Task Force shall prepare and submit to the Secretary of Education a report that contains the results of the reviews and evaluations conducted pursuant to subsection (b) and a description of the recommendations proposed pursuant to such subsection.

(e) AUTHORIZATION OF APPROPRIATIONS-

(1) IN GENERAL- There are authorized to be appropriated to carry out this section $500,000 for fiscal years 2004 through 2008.

(2) AVAILABILITY- Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.

SEC. 7. STUDY AND REPORT ON FEDERAL VOCATIONAL TRAINING PROGRAMS.

(a) STUDY- The Secretary of Education, in conjunction with the Secretary of Labor (hereinafter in this section referred to as the `Secretaries'), shall conduct a study on the effectiveness of Federal vocational training programs in providing appropriate assistance to individuals with autism spectrum disorders (ASD)

(b) REPORT- Not later than 18 months after the date of the enactment of this Act, the Secretaries shall submit to Congress a report that contains the following:

(1) The results of the study conducted under subsection (a).

(2) Administrative and legislative recommendations to improve the effectiveness of Federal vocational training programs in providing appropriate assistance to individuals with autism spectrum disorders.

(3) Recommendations on appropriate data that should be collected, maintained, and disseminated in order to better monitor the effectiveness of each vocational training program that serves individuals with autism spectrum disorders.

SEC. 8. STATE AUTISM OMBUDSMAN OFFICES.

(a) GRANTS TO STATES- Of the amount appropriated pursuant to the authorization of appropriations under subsection (d) for a fiscal year, the Secretary of Education shall provide grants to each State that meets the requirements of subsection (b) for the purpose of carrying out this section.

(b) STATE REQUIREMENTS- A State meets the requirements of this subsection if it establishes and operates (including through the use of funds provided under a grant under subsection (a)) at least one State autism ombudsman office in accordance with this section. The office shall be headed by an individual who shall be selected from among individuals who are members of, or approved by, national, non-profit organizations, including their State and local affiliate organizations, dedicated to addressing, by whatever means, the needs of individuals with autism spectrum disorders or their families or legal guardians.

(1) IN GENERAL- A State autism ombudsman office established in accordance with subsection (b) shall serve individuals with autism spectrum disorders and their families or guardians as a resource to assist with legal, educational, and family support systems issues, including by advising families or guardians on the process of the individualized education program, interpreting school communications regarding a child who exhibits autistic behavior, proposing alternatives to those proposed by the IEP team, and otherwise mediating between families or guardians of a child with an autism spectrum disorder and officials of local or State public school systems, agencies, or boards.

(2) DEFINITION- In this subsection, the term `individualized education program' or `IEP' means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with section 614(d) of the Individuals with Disabilities Education Act.

(d) REQUIREMENTS- A State autism ombudsman office established in accordance with subsection (b) shall--

(1) coordinate with the State developmental disabilities council, university-affiliated programs, regional resource centers, and other appropriate State entities; and

(2) operate independently of the State educational agency and local educational agencies within the State.

(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section $8,000,000 for each of the fiscal years 2004 through 2008.

SEC. 9. DEFINITION.

In this Act, the term `autism spectrum disorder' has the meaning given the term by the Diagnostic and Statistical Manual of Mental Disorders-Fourth Edition (DSM-IV).

END