108th CONGRESS
1st Session
S. 608
To provide for personnel preparation, enhanced support and training
for beginning special educators, and professional development of special educators,
general educators, and early intervention personnel.
IN THE SENATE OF THE UNITED STATES
March 12, 2003
Mr. REED (for himself and Mr. KENNEDY) introduced the following bill; which
was read twice and referred to the Committee on Health, Education, Labor,
and Pensions
A BILL
To provide for personnel preparation, enhanced support and training
for beginning special educators, and professional development of special educators,
general educators, and early intervention personnel.
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 `Personnel Excellence for Students with Disabilities
Act'.
SEC. 2. STATE PERSONNEL AND PROFESSIONAL DEVELOPMENT GRANTS.
Subpart 1 of part D (20 U.S.C. 1451 et seq.) is amended to read as follows:
`Subpart 1--State Personnel and Professional Development Grants
`SEC. 651. FINDINGS; PURPOSE; DEFINITION.
`(a) FINDINGS- Congress finds the following:
`(1) The right of all children with disabilities to a free and appropriate
public education requires States to adopt a comprehensive strategy to address
teacher shortages and ensure adequate numbers of teachers to serve children
with disabilities.
`(2) In order to ensure that the persons responsible for the education of
children with disabilities possess the skills and knowledge necessary to
address such children's educational and related needs, States must promote
comprehensive programs of professional development.
`(3) The dissemination of research-based knowledge about successful teaching
practices and models to teachers and other personnel serving children with
disabilities can result in improved outcomes for children with disabilities.
`(b) PURPOSE- The purpose of this subpart is to assist State educational agencies
and local educational agencies, and their partners referred to in section
652, in providing support for, and improving their systems of, personnel preparation
and professional development to improve results for children with disabilities.
`(c) DEFINITION OF POSTSECONDARY OPPORTUNITIES- In this subpart, the term
`postsecondary opportunities' includes the transition from school to postsecondary
education, adult services, or work.
`SEC. 652. ELIGIBILITY AND COLLABORATION PROCESS IN GRANTS TO STATES.
`(a) ELIGIBLE APPLICANTS; DURATION OF ASSISTANCE- A State educational agency
may apply for a grant under this subpart for a grant period of 4 years.
`(b) PARTNERSHIPS AND CONSULTATIONS- In order to be considered for a grant
under this subpart, a State educational agency shall--
`(1) establish a formal partnership with local educational agencies, the
lead State agency for part C, the State agency responsible for child care,
the State vocational rehabilitation agency, the State agency for higher
education, representatives of State-approved special education personnel
preparation programs in institutions of higher education within the State,
parent training and information centers or community parent resource centers,
and other State agencies involved in, or concerned with, the education of
children with disabilities; and
`(2) consult with other public agencies, persons, and organizations with
relevant expertise in, and concerned with, the education of children with
disabilities, including--
`(A) parents of children with disabilities and parents of nondisabled
children;
`(B) general and special education teachers, paraprofessionals, related
services personnel, and early intervention personnel;
`(C) the State advisory panel established under part B;
`(D) the State interagency coordinating council established under part
C;
`(E) community-based and other nonprofit organizations representing individuals
with disabilities; and
`(F) other providers of professional development and personnel preparation
for personnel that work with infants, toddlers, preschoolers, and children
with disabilities, and nonprofit organizations whose primary purpose is
education research and development, when appropriate.
`SEC. 653. STATE APPLICATIONS.
`(a) IN GENERAL- A State educational agency that desires to receive a grant
under this subpart shall submit to the Secretary an application at such time,
in such manner, and including such information as the Secretary may require.
`(b) PARTNERSHIP AGREEMENT- Each application submitted pursuant to this section
shall specify the nature and extent of the partnership among the State educational
agency and other partners (as described in section 652(b)), including the
respective roles of each member of the partnership, and shall describe how
grant funds allocated to the State under section 655 will be used in undertaking
the improvement strategies described under subsection (c)(3).
`(c) PERSONNEL AND PROFESSIONAL DEVELOPMENT PLAN-
`(1) IN GENERAL- Each application submitted pursuant to this section shall
include a personnel and professional development plan that is--
`(A) based on the needs assessment described in paragraph (2);
`(B) developed by the State educational agency in collaboration with the
partners described under section 652(b)(1);
`(C) designed to enable the State to meet the standards described in section
612(a)(15) and implement the comprehensive system of
personnel development under section 612(a)(14); and
`(D) coordinated with other State professional development plans for educators
and personnel working with children in early childhood education programs.
`(2) NEEDS ASSESSMENT- Each personnel and professional development plan
shall include an assessment of State and local needs that identifies critical
aspects and areas in need of improvement related to the preparation, ongoing
training, and professional development of personnel that serve infants,
toddlers, preschoolers, and children with disabilities within the State.
Such assessment shall be based on an analysis of--
`(A) current and anticipated personnel vacancies and shortages in local
educational agencies and local early intervention agencies or providers
throughout the State, including the number of individuals currently serving
children with disabilities that--
`(i) are not highly qualified, consistent with section 612(a)(15);
`(ii) are individuals with temporary, provisional, or emergency certification;
or
`(iii) are individuals teaching with an alternative certification;
`(B) the extent and amount of certification or retraining necessary to
eliminate the vacancies and shortages described in subparagraph (A);
`(C) current preservice and inservice training and preparation programs
and activities available and accessible in the State to personnel that
serve infants, toddlers, preschoolers, and children with disabilities,
including--
`(i) the number of degree, certification, and licensure programs that
are preparing general and special education teachers and personnel to
serve children with high-incidence and low-incidence disabilities;
`(ii) the number of noncertification programs designed to train and
prepare personnel to serve infants, toddlers, preschoolers, and children
with disabilities, including the number of programs designed to provide
training in early intervention and transitional services; and
`(iii) the number of programs or activities designed to provide the
knowledge and skills necessary to ensure the successful transition of
students with disabilities into postsecondary opportunities; and
`(D) information, reasonably available to the State, on the scope and
effectiveness of current training and preparation programs and activities
available in the State to personnel that serve children with disabilities,
including--
`(i) access of general education teachers to preservice and inservice
training in early intervention and special education, including training
related to the diverse learning and developmental needs of children
with disabilities;
`(ii) rates of attrition of special education teachers and early intervention
personnel throughout the State and a description of factors that contribute
to such attrition;
`(iii) data and major findings of the Secretary's most recent reviews
of State compliance, as such reviews relate to meeting the standards
described in section 612(a)(15) and implementing a comprehensive system
of personnel development described under sections 612(a)(14) and 635(a)(8);
and
`(iv) data regarding disproportionality required under section 618.
`(3) IMPROVEMENT STRATEGIES- Each personnel and professional development
plan shall describe strategies necessary to address the preparation and
professional development areas in need of improvement, based on the needs
assessment conducted under paragraph (2), that include--
`(A) how the State will respond to the needs for preservice and inservice
preparation of personnel who work with infants, toddlers, preschoolers,
and children with disabilities, including strategies to--
`(i) prepare all general and special education personnel (including
both professional and paraprofessional personnel who provide special
education, general education, or related services)--
`(I) with the knowledge and skills needed to meet the needs of,
and improve results for, children with disabilities;
`(II) to utilize classroom-based techniques to identify students who
may be eligible for special education services or other services prior
to making referrals for special education services;
`(III) to help students with disabilities meet State academic standards;
`(IV) to work as part of a collaborative team, especially training
related to all aspects of planning, design, and effective implementation
of an IEP; and
`(V) to utilize effective parental involvement practices needed to
work with and involve parents of children with disabilities in their
child's education;
`(ii) prepare professionals, including professionals in preschool settings,
and paraprofessionals in the area of early intervention with the knowledge
and skills needed to meet the needs of infants, toddlers, and preschoolers
with disabilities;
`(iii) develop the knowledge and skills and enhance the ability of teachers
and other personnel responsible for providing transition services to
improve such services and postsecondary opportunities for children with
disabilities;
`(iv) enhance the ability of principals to provide instructional leadership
on, and teachers and other school staff to use, strategies, such as
positive behavioral interventions, to address the behavior of children
with disabilities that impedes the learning of children with disabilities
and others; and
`(v) ensure that school personnel who work with students with significant
health, mobility, or behavior needs receive training, as appropriate,
prior to serving such students;
`(B) how the State will collaborate with institutions of higher education
and other entities that (on both a preservice and an inservice basis)
prepare personnel who work with children with disabilities to develop
such entities' capacity to support quality professional development programs
that meet State and local needs;
`(C) how the State will identify model certification programs that may
be used to create and improve certification requirements for personnel
working with infants, toddlers, preschoolers, and children with disabilities;
`(D) how the State will provide technical assistance to local educational
agencies, schools, and early intervention providers to improve the quality
of training and professional development available to meet the needs of
personnel that serve children with disabilities;
`(E) how the State will work in collaboration with other States, especially
neighboring States, when possible, to--
`(i) address the lack of uniformity and reciprocity in the credentialing
of teachers and other personnel;
`(ii) support or develop programs to prepare personnel for which there
is not sufficient demand within a single State to justify support or
development of such a program of preparation; and
`(iii) develop, as appropriate, common certification criteria;
`(F) how the State will acquire and disseminate, to teachers, administrators,
related services personnel, other service providers, and school board
members, significant knowledge derived from educational research and other
sources, and how the State will adopt promising practices, materials,
and technology;
`(G) how the State will recruit and retain qualified personnel in geographic
areas of greatest need, including personnel with disabilities and personnel
from groups that are underrepresented in the fields of regular education,
special education, related services, and early intervention;
`(H) how the State will create collaborative training models and provide
for the joint training of parents and special education, related services,
and general education personnel in providing quality services and programs,
and family involvement and support;
`(I) how the State will address systemic problems associated with meeting
the standards described in section 612(a)(15) and implementing the comprehensive
system of personnel development under section 612(a)(14), as identified
in Federal compliance reviews, including shortages of qualified personnel;
and
`(J) how the State will address the findings from the data required to
be gathered under section 618 and the steps the State will take to ensure
that poor and minority children are not taught at higher rates than other
children by inexperienced, unqualified, or out-of-field teachers, including
the measures that the State educational agency will use to evaluate and
publicly report the progress of the State educational agency with respect
to such steps.
`(4) COORDINATION AND INTEGRATION- Each application submitted pursuant to
this section shall--
`(A) include assurances that--
`(i) the personnel and professional development plan is integrated,
to the maximum extent possible, with State plans and activities carried
out under other Federal and State laws that address personnel recruitment,
retention, and training, including plans carried out under titles I
and II of the Elementary and Secondary Education Act of 1965, the Rehabilitation
Act of 1973, the Higher Education Act of 1965, and the Child Care and
Development Block Grant Act of 1990, as appropriate;
`(ii) the personnel and professional development plan is integrated
and based, to the maximum extent possible, on research and activities
supported by grants under sections 672 and 673 and conducted by institutions
of higher education throughout the State; and
`(iii) the improvement strategies described in paragraph (3) will be
coordinated with activities undertaken by public and private institutions
of higher education, as well as with public and private sector resources,
when appropriate; and
`(B) contain a description of the amount and nature of funds from any
other sources, including part B funds retained for use at the State level
for personnel and professional development purposes under sections 611(f)
and 619(d), and part C funds used in accordance
with section 638, that will be committed to the systemic-change activities
under this section.
`(5) OTHER INFORMATION- A State educational agency shall submit to the Secretary,
at such time and in such manner as the Secretary may require, such additional
information regarding the preparation and professional development of personnel
that serve children with disabilities in the personnel and professional
development plan.
`SEC. 654. STATE USE OF FUNDS.
`(a) IN GENERAL- A State educational agency that receives a grant under this
subpart shall--
`(1) expend funds not reserved under paragraph (2) to carry out improvement
strategies contained in the personnel and professional development plan
under section 653(c)(3); and
`(2) in the case of a State educational agency serving a State that the
Secretary determines has not met the standards in section 612(a)(15) or
implemented the comprehensive system of personnel development under section
612(a)(14), reserve not less than 35 percent of funds made available through
the grant to award subgrants to local educational agencies as described
in section 657.
`(b) CONTRACTS AND SUBCONTRACTS- Consistent with the partnership agreement
described under section 652(b), a State educational agency shall award contracts
or subgrants to local educational agencies and institutions of higher education
with State-approved special education personnel preparation programs, and
may award contracts or subgrants to the lead State agency for part C, or other
nonprofit entities, as appropriate, to carry out such State educational agency's
personnel and professional development plan under this subpart.
`(c) SUPPLEMENT, NOT SUPPLANT- Funds received by a State educational agency
under this subpart shall be used to supplement, and not supplant, non-Federal
funds that would otherwise be used for activities authorized under this subpart.
`SEC. 655. STATE ALLOTMENTS.
`(a) IN GENERAL- The Secretary shall make a grant to each State educational
agency whose application the Secretary has approved under section 653. Each
grant shall consist of the allotment determined for a State under subsection
(b).
`(b) DETERMINATION OF ALLOTMENTS-
`(1) RESERVATION OF FUNDS- From the total amount appropriated under section
658 for a fiscal year, the Secretary shall reserve--
`(A) one-half of 1 percent for allotments for the United States Virgin
Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, the Republic of Palau, the freely associated States of the Marshall
Islands, and the Federated States of Micronesia, to be distributed among
those areas on the basis of their relative need, as determined by the
Secretary, in accordance with the purpose of this subpart; and
`(B) one-half of 1 percent for the Secretary of the Interior for programs
under this subpart in schools operated or funded by the Bureau of Indian
Affairs.
`(A) MINIMUM ALLOTMENT- From the funds appropriated under section 658,
and not reserved under paragraph (1), the Secretary shall allot to each
of the 50 States, the District of Columbia, and the Commonwealth of Puerto
Rico an amount for each fiscal year that is not less than $500,000.
`(B) ALLOTMENT OF REMAINING FUNDS- For any fiscal year for which the funds
appropriated under section 658, and not reserved under paragraph (1),
exceed the total amount required to make allotments under subparagraph
(A), the Secretary shall distribute to each of the States described in
subparagraph (A), the remaining excess funds after considering--
`(i) the amount of the excess funds available for distribution;
`(ii) the relative population of the States; and
`(iii) the scope and quality of activities proposed by the States.
`(3) FUNDS TO REMAIN AVAILABLE- Allotments made to States under this section
shall remain available until expended.
`(4) REALLOTMENT- If any State does not apply for an allotment under this
subsection for any fiscal year, the Secretary shall reallot the amount of
the allotment to the remaining States in accordance with this subsection.
`SEC. 656. EVALUATIONS.
`(a) IN GENERAL- Each State educational agency that receives a grant under
this subpart shall submit an evaluation to the Secretary at such time as the
Secretary may require, but not more frequently than annually.
`(b) EVALUATION COMPONENTS- Each evaluation submitted to the Secretary shall
include--
`(1) the data contained in the needs assessment described in section 653(c)(2);
`(2) a description of the progress made by the State in implementing each
of the strategies described in section 653(c)(3);
`(3) an assessment, conducted on a regular basis, of the extent to which
the personnel and professional development plan has been effective in enabling
States to meet the standards described in section 612(a)(15) and implement
the comprehensive system of personnel development under section 612(a)(14);
and
`(4) such other information as the Secretary may require.
`(c) REPORT- The Secretary shall submit to Congress a report on the evaluations
received under this section.
`SEC. 657. SUBGRANT AWARDS TO LOCAL EDUCATIONAL AGENCIES.
`(a) IN GENERAL- From funds made available under section 654(a)(2), a State
educational agency shall award a subgrant to eligible local educational agencies
to enable the eligible local educational agencies to recruit and
retain special education teachers, paraprofessionals, and related services
providers, to ensure that such agency meets the requirements in the policy
adopted by the State in section 612(a)(15).
`(b) ELIGIBLE LOCAL EDUCATIONAL AGENCY-
`(1) IN GENERAL- A local educational agency shall be eligible to receive
a subgrant under this section if the local educational agency--
`(A)(i) has failed to meet, or is in danger of failing to meet, the standards
described in section 612(a)(15);
`(ii) serves a high number or percentage of low-income students; and
`(iii) has a demonstrated need to prepare and train new or existing personnel
to meet the needs of children with disabilities; and
`(B) collects and uses data to determine local needs for professional
development, hiring, and retention of personnel, as identified by the
local educational agency and school staff--
`(i) with the involvement of teachers, other personnel, and parents;
and
`(ii) after taking into account the activities that need to be conducted--
`(I) to give general and special education teachers, paraprofessionals,
and related services personnel the means, including subject matter
knowledge and teaching skills, to improve results and outcomes for
students with disabilities; and
`(II) to give principals the instructional leadership skills to help
teachers and related services personnel provide students with the
opportunity described in subclause (I).
`(2) CONSORTIUM- The term `eligible local educational agency' may include
a consortium of such agencies.
`(1) IN GENERAL- An eligible local educational agency that desires to receive
a subgrant under this section shall submit an application to the State educational
agency at such time, in such manner, and containing such information as
the State educational agency may reasonably require.
`(2) CONTENTS- Each application submitted under this subsection shall include--
`(A) a description of the activities to be carried out by the local educational
agency and how such activities will support the local educational agency's
efforts to provide professional development and to recruit and retain
highly qualified teachers; and
`(B) a description of the needs described in subsection (b)(1)(B).
`(d) GRANTS AWARDED- State educational agencies shall award grants under this
section on the basis of the quality of the applications submitted, except
that State educational agencies shall give priority to eligible local educational
agencies with the greatest need.
`(1) IN GENERAL- An eligible local educational agency that receives a subgrant
under this section shall use the funds made available through the subgrant
to carry out 1 or more of the following activities:
`(A) Providing high quality professional development for special education
teachers.
`(B) Providing high quality professional development to personnel who
serve infants, toddlers, and preschoolers with disabilities.
`(C) Providing high quality professional development for principals, including
training in areas such as behavioral supports in the school and classroom,
paperwork reduction, and promoting improved collaboration between special
education and general education teachers.
`(F) Case load reduction.
`(G) Paperwork reduction.
`(H) Financial incentives, as long as those incentives are linked to participation
in activities that have proven effective in recruiting and retaining teachers
and are developed in consultation with the personnel of the eligible local
educational agency.
`(I) Hiring and training high quality paraprofessionals and providing
other high quality instructional support.
`(J) Partnering with institutions of higher education for the training
and retraining of teachers and to carry out any other activities under
this paragraph.
`(2) EFFECTIVE PROGRAMS- Funds under this section shall be used only for
those activities that are linked to participation in activities that have
proven effective in retaining teachers.
`(f) MATCHING REQUIREMENT- Each eligible local educational agency awarded
a subgrant under this section shall contribute matching funds, in an amount
equal to not less than 25 percent of the subgrant award, toward carrying out
the activities assisted under this section.
`SEC. 658. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to carry out this subpart $250,000,000
for fiscal year 2004 and such sums as may be necessary for each succeeding
fiscal year.'.
SEC. 3. ENHANCED SUPPORT AND TRAINING FOR BEGINNING SPECIAL EDUCATORS AND
GENERAL EDUCATORS.
Chapter 1 of subpart 2 of part D of the Individuals with Disabilities Education
Act (20 U.S.C. 1471 et seq.) is amended by inserting after section 674 the
following:
`SEC. 675. ENHANCED SUPPORT AND TRAINING FOR BEGINNING SPECIAL EDUCATORS.
`(a) DEFINITIONS- In this section:
`(1) ELIGIBLE ENTITY- The term `eligible entity' means a partnership between
1 or more institutions of higher education with a State-approved special
education personnel program, and 1 or more local educational agencies.
`(2) PROFESSIONAL DEVELOPMENT PARTNERSHIP-
`(A) IN GENERAL- The term `professional development partnership' means
a partnership between an eligible entity and an elementary school or secondary
school that is based on a mutual commitment to improve teaching and learning.
`(B) ADDITIONAL ENTITIES- A professional development partnership may include--
`(i) a State educational agency;
`(ii) a teaching organization;
`(iii) a professional association of principals; or
`(iv) a nonprofit organization whose primary purpose is--
`(I) education research and development; or
`(II) training special education and early intervention personnel.
`(b) AUTHORIZATION OF PROGRAM-
`(1) IN GENERAL- From amounts appropriated under subsection (g) for a fiscal
year, the
Secretary shall award grants to, or enter into contracts or cooperative agreements
with, eligible entities to enable such entities to establish professional
development partnerships to improve the education of children with disabilities
by--
`(A) ensuring a strong and steady supply of new highly qualified teachers
of children with disabilities;
`(B) helping address challenges in the local educational agency to recruiting
highly qualified teachers and retaining such teachers; and
`(C) providing for an exchange of knowledge and skills among special education
teachers, including furthering the development and professional growth
of veteran special education teachers.
`(2) COMPETITIVE BASIS- Each grant, contract, or cooperative agreement under
this section shall be awarded or entered into on a competitive basis.
`(3) DURATION- Each grant, contract, or cooperative agreement under this
section shall be awarded or entered into for a period of not less than 3
and not more than 5 years.
`(4) PRIORITY- In awarding grants or entering into contracts or cooperative
agreements under this section, the Secretary shall give priority to eligible
entities that--
`(A) serve high numbers or percentages of low-income students; and
`(B) serve schools that have failed to make adequate yearly progress toward
enabling children with disabilities to meet academic achievement standards.
`(c) APPLICATIONS- An eligible entity desiring a grant, contract, or cooperative
agreement under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such information as the Secretary
may require. Each such application shall--
`(A) the proposed activities of the professional development partnership
and how the activities will be developed in consultation with teachers;
`(B) how the proposed activities will prepare teachers to implement research-based,
demonstrably successful, and replicable instructional practices that improve
outcomes for children with disabilities;
`(C) how the eligible entity will ensure the participation of elementary
schools or secondary schools as partners in the professional development
partnership, and how the research and knowledge generated by the professional
development partnership will be disseminated and implemented in the elementary
schools or secondary schools that are served by the local educational
agency and are not partners in the professional development partnership;
`(D) how the process for developing a new preservice education program
or restructuring an existing program will improve teacher preparation
at the institution of higher education;
`(E) how the proposed activities will include the participation of schools,
colleges, or other departments within the institution of higher education
to ensure the integration of pedagogy and content in teacher preparation;
`(F) how the proposed activities will increase the numbers of qualified
personnel, including paraprofessionals, administrators, and related services
personnel, that receive certification and serve children with disabilities
in elementary schools or secondary schools;
`(G) how the proposed activities will recruit diverse prospective special
education teachers;
`(H) how the eligible entity will collaborate with the State educational
agency to ensure that proposed activities will be coordinated with activities
established by the State to improve systems for personnel preparation
and professional development pursuant to subpart 1;
`(I) how the grant funds will be divided among the members of the professional
development partnership and the responsibilities each partner has agreed
to undertake in the use of the grant funds and other related funds; and
`(J) how the eligible entity will gather information in order to assess
the impact of the activities assisted under this section on teachers and
the students served under this section; and
`(2) identify the lead fiscal agent of the professional development partnership
responsible for the receipt and disbursement of funds under this section.
`(d) AUTHORIZED ACTIVITIES- Each eligible entity receiving a grant or entering
into a contract or cooperative agreement under this section shall use the
grant funds to establish a professional development partnership that--
`(1) develops a preservice teacher education program, or enhances and restructures
an existing program, to prepare special education teachers, at colleges
or departments of education within the institution of higher education,
by incorporating an additional 5th year clinical learning opportunity, field
experience, or supervised practicum into a program of preparation and coursework
for special education teachers, that includes--
`(A) developing new curricula and coursework for the preparation of prospective
special education teachers, including preparation to teach in core academic
subjects;
`(B) support for new faculty positions to provide, coordinate, and oversee
instruction of the clinical learning opportunity, field experience, or
supervised practicum;
`(C) new, ongoing performance-based review procedures to assist and support
the learning of prospective special education teachers;
`(D) providing assistance to students for stipends and costs associated
with tuition and fees for continued or enhanced enrollment in a preparation
program for special education teachers; and
`(E) supporting activities that increase the placement of highly qualified
teachers in elementary schools and secondary schools; or
`(2) creates or supports professional development schools that--
`(A) provide high quality induction opportunities with ongoing support
for beginning special education teachers;
`(B) provide mentoring, of prospective and beginning special education
teachers by veteran special education teachers, in instructional skills,
classroom management skills, and strategies to effectively assess student
progress and achievement;
`(C) provide high quality inservice professional development to veteran
special education teachers through the ongoing exchange of information
and instructional strategies among prospective special education teachers
and faculty of the institution of higher education;
`(D) prepare special education teachers to--
`(i) work collaboratively with general education teachers and related
services personnel; and
`(ii) involve parents in the education of such parents' children; and
`(E) provide preparation time for faculty in the professional development
school, and other faculty of the institution of higher education, to design
and implement curriculum, classroom experiences, and ongoing professional
development opportunities for prospective and beginning special education
teachers.
`(e) SUPPLEMENT, NOT SUPPLANT- Funds appropriated under this section shall
be used to supplement and not supplant other Federal, State, and local public
funds available for the professional development or preservice preparation
of special education teachers.
`(1) IN GENERAL- The Secretary shall conduct biennial, independent, national
evaluations of the activities assisted under this part not later than 3
years after the date of enactment of the Personnel Excellence for Students
with Disabilities Act. The evaluation shall include information on the impact
of the activities assisted under this section on outcomes for children with
disabilities.
`(2) REPORT- The Secretary shall report to Congress on the results of the
evaluation.
`(3) DISSEMINATION- The Secretary shall widely disseminate effective practices
identified through the evaluation.
`(g) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to carry out this section $20,000,000 for fiscal year 2004, and such sums
as may be necessary for each succeeding fiscal year.
`SEC. 676. TRAINING TO SUPPORT GENERAL EDUCATORS.
`(a) DEFINITIONS- In this section:
`(1) ELIGIBLE ENTITIES- The term `eligible entity' means a partnership that--
`(i) 1 or more local educational agencies; and
`(ii) 1 or more State-approved special education personnel preparation
programs; and
`(B) may include a State educational agency, a teaching organization,
a professional association of principals, an educational nonprofit organization,
or another group or institution that has expertise in special education
and is responsive to the needs of teachers.
`(2) GENERAL EDUCATOR- The term `general educator' includes a teacher, a
principal, a school superintendent, or school faculty, such as a school
counselor.
`(3) POSTSECONDARY OPPORTUNITIES- The term `postsecondary opportunities'
includes the transition from school to postsecondary education, adult services,
or work.
`(b) AUTHORIZATION OF PROGRAM-
`(1) ASSISTANCE AUTHORIZED- The Secretary may award grants to, or enter
into contracts or cooperative agreements with, eligible entities to enable
the eligible entities to provide professional development, leadership training,
and collaborative opportunities to general educators to ensure that general
educators have the skills and knowledge to meet the needs of, and improve
results for, children with disabilities.
`(2) COMPETITIVE AWARDS- The Secretary shall award grants, contracts, and
cooperative agreements under this section on a competitive basis.
`(c) DURATION- The Secretary shall award grants, contracts, and cooperative
agreements under this section for a period of not less than 3 and not more
than 5 years.
`(d) APPLICATION- An eligible entity desiring a grant, contract, or cooperative
agreement under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such information as the Secretary
may require. Each such application shall--
`(A) the proposed activities to be assisted by the eligible entity;
`(B) how the eligible entity will implement research-based, demonstrably
successful, and replicable instructional practices that improve outcomes
for children with disabilities;
`(C) how the eligible entity will implement training and collaborative
opportunities on a schoolwide basis in schools within the local educational
agency;
`(D) the eligible entity's strategy to provide general educators with--
`(i) professional development focused on addressing the needs of children
with disabilities in their classrooms; and
`(ii) training and opportunities to collaborate with special education
teachers and related services personnel to better serve students' needs;
`(E) the eligible entity's strategy to provide principals, superintendents,
and other administrators with instructional leadership skills;
`(F) how the eligible entity will provide training to general educators
to enable the general educators to work with parents and involve parents
in their child's education;
`(G) how the eligible entity will collaborate with the State educational
agency to ensure that proposed activities will be coordinated with activities
established by the State to improve systems for personnel preparation
and professional development pursuant to subpart 1;
`(H) how the grant funds will be effectively coordinated with all Federal,
State, and local personnel preparation and professional development funds
and activities;
`(I) how the eligible entity will assess the impact of the activities
conducted and how the knowledge and effective practices generated by the
eligible entity will be widely disseminated;
`(J) how the grant funds will be divided among the members of the partnership
and the responsibilities each partner has agreed to undertake in the use
of the grant funds and other related funds; and
`(2) identify the lead fiscal agent for the eligible entity.
`(e) AUTHORIZED ACTIVITIES- Funds provided under this section may be used
for the following activities:
`(1) To provide high quality professional development to general educators
that develops the knowledge and skills, and enhances the ability, of general
educators to--
`(A) utilize classroom-based techniques to identify students who may be
eligible for special education services, and deliver instruction in a
way that meets the individualized needs of children with disabilities
through appropriate supports, accommodations, and curriculum modifications;
`(B) work collaboratively with special education teachers and related
services personnel;
`(C) implement strategies, such as positive behavioral interventions,
to address the behavior of children with disabilities that impedes the
learning of such children and others;
`(D) prepare children with disabilities to participate in statewide assessments
(with and without accommodations) and alternative assessment, as appropriate,
and achieve high marks;
`(E) develop effective practices for ensuring that all children with disabilities
are a part of all accountability systems under the Elementary and Secondary
Education Act of 1965;
`(F) provide transition services to improve such services and postsecondary
opportunities for children with disabilities;
`(G) work with and involve parents of children with disabilities in their
child's education;
`(H) understand how to effectively construct IEPs, participate in IEP
meetings and implement IEPs;
`(I) use universally designed technology and assistive technology devices
and services to enhance learning by children with disabilities and to
communicate with parents; and
`(J) in the case of principals and superintendents, be instructional leaders
and promote improved collaboration between general educators, special
education teachers, and related services personnel.
`(2) Provide release and planning time for the activities described in this
section.
`(f) SUPPLEMENT NOT SUPPLANT- Funds provided under this section shall be used
to supplement, not supplant, other Federal, State, and local funds available
for training to support general educators.
`(1) IN GENERAL- The Secretary shall conduct biennial, independent, national
evaluations of the activities assisted under this section not later than
3 years after the date of enactment of the Personnel Excellence for Students
with Disabilities Act. The evaluations shall include information on the
impact of the activities assisted under this section on outcomes for children
with disabilities.
`(2) REPORT- The Secretary shall prepare and submit to Congress a report
on the evaluations.
`(3) DISSEMINATION- The Secretary shall provide for the wide dissemination
of effective models and practices identified in the evaluations.
`(h) AUTHORIZATION- There are authorized to be appropriated to carry out this
section $20,000,000 for fiscal year 2004 and such sums as may be necessary
for each succeeding fiscal year.'.
SEC. 4. PERSONNEL PREPARATION TO IMPROVE SERVICES AND RESULTS FOR CHILDREN
WITH DISABILITIES.
Section 673 of the Individuals with Disabilities Education Act (20 U.S.C.
1473) is amended--
(1) in subsection (a)(1), by inserting before the semicolon `, consistent
with subpart 1';
(i) by amending subparagraph (C) to read as follows:
`(C) Preparing personnel in the innovative uses and application of technology,
including implementation of universally designed technologies and assistive
technology devices and assistive technology services, to enhance learning
by children with disabilities through early intervention, educational,
and transitional services, and to communicate with parents to improve
home and school communication.';
(ii) by redesignating subparagraphs (E) and (F) as subparagraphs (F)
and (G), respectively;
(iii) by inserting after subparagraph (D) the following:
`(E) Preparing personnel to work in high need elementary schools and secondary
schools, including urban schools, rural schools, and schools operated
by an entity described in section 7113(d)(1)(A)(ii) of the Elementary
and Secondary Education Act of 1965, and schools that serve high numbers
or percentages of limited English proficient children.'; and
(iv) by adding at the end the following:
`(H) Providing continuous personnel preparation, training, and professional
development for beginning special education teachers that is designed
to provide support and ensure retention of such teachers.
`(I) Preparing personnel on effective parental involvement practices to
enable the personnel to work with parents and involve parents in the education
of such parents' children.'; and
(B) by amending paragraph (4) to read as follows:
`(4) SELECTION OF RECIPIENTS- In selecting recipients under this subsection,
the Secretary may give preference to applications that include 1 or more
of the following:
`(A) A proposal to prepare personnel in more than 1 low-incidence disability,
such as deafness and blindness.
`(B) A demonstration of effective partnering with local educational agencies
that ensures recruitment and subsequent retention of highly qualified
personnel to serve children with disabilities.
`(C) A proposal to address the personnel and professional development
needs in the State, as identified in subpart 1.';
(3) in subsection (d)(2)--
(A) in subparagraph (C)--
(i) in clause (i), by striking `and' after the semicolon;
(ii) in clause (ii), by striking the period and inserting `; and'; and
(iii) by adding at the end the following:
`(iii) to implement strategies to reduce significant disproportionality
described in section 618.';
(B) in subparagraph (E), by inserting before the period `, including model
teaching practices to assist such persons to work effectively with parents
and involve parents in the education of such parents' children'; and
(C) by adding at the end the following:
`(L) Developing strategies to improve personnel training, recruitment,
and retention of special education teachers in special education in high
need elementary schools and secondary schools, including urban schools,
rural schools, and schools operated by an entity described in section
7113(d)(1)(A)(ii) of the Elementary and Secondary Education Act of 1965,
and schools that serve high numbers of limited English proficient children.';
(4) in subsection (e)(1), by inserting `emotional or behavioral disorders,'
after `impairment,';
(i) by striking `2 years' and inserting `1 year'; and
(ii) by striking `OBLIGATION- ' and all that follows through `Each application'
and inserting `OBLIGATION- Each application'; and
(B) by striking paragraph (2);
(6) by striking subsection (i) and inserting the following:
`(1) IN GENERAL- The Secretary may include funds for scholarships, with
necessary stipends and allowances, in awards under subsections (b), (c),
(d), and (e).
`(2) DETERMINATION OF AMOUNTS- The Secretary may permit a grant recipient
to determine the amount of funds available for scholarships, necessary stipends,
and allowances, that is consistent with such recipient's grant award and
the purposes of such grant.';
(7) by redesignating subsection (j) as subsection (k);
(8) by inserting after subsection (i) the following:
`(j) DEVELOPMENT OF NEW PROGRAMS OR RESTRUCTURING OF EXISTING PROGRAMS- In
making awards under subsections (b), (c), (d), and (e), the Secretary may
support programs that use award funds to develop new, or enhance and restructure
existing, personnel preparation programs.'; and
(9) in subsection (k) (as redesignated by paragraph (7))--
(A) by inserting `$250,000,000 for fiscal year 2004 and' after `this section';
and
(B) by striking `of the fiscal years 1998 through 2002' and inserting
`succeeding fiscal year'.
END