Legislation

Authorizing Legislation: The Individuals with Disabilities Education

Improvement Act of 2004

``SEC. 664. <<NOTE: 20 USC 1464.>> STUDIES AND EVALUATIONS.

``(a) Studies and Evaluations.--

``(1) Delegation.--The Secretary shall delegate to the

Director of the Institute of Education Sciences responsibility

to carry out this section, other than subsections (d) and (f).

``(2) Assessment.--The Secretary shall, directly or through

grants, contracts, or cooperative agreements awarded to eligible

entities on a competitive basis, assess the progress in the

implementation of this title, including the effectiveness of

State and local efforts to provide--

``(A) a free appropriate public education to

children with disabilities; and

``(B) early intervention services to infants and

toddlers with disabilities, and infants and toddlers who

would be at risk of having substantial developmental

delays if early intervention services were not provided

to the infants and toddlers.

``(b) Assessment of National Activities.--

``(1) In general.--The Secretary shall carry out a national

assessment of activities carried out with Federal funds under

this title in order--

``(A) to determine the effectiveness of this title

in achieving the purposes of this title;

``(B) to provide timely information to the

President, Congress, the States, local educational

agencies, and the public on how to implement this title

more effectively; and

``(C) to provide the President and Congress with

information that will be useful in developing

legislation to achieve the purposes of this title more

effectively.

``(2) Scope of assessment.--The national assessment shall

assess activities supported under this title, including--

``(A) the implementation of programs assisted under

this title and the impact of such programs on addressing

the developmental needs of, and improving the academic

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achievement of, children with disabilities to enable the

children to reach challenging developmental goals and

challenging State academic content standards based on

State academic assessments;

``(B) the types of programs and services that have

demonstrated the greatest likelihood of helping students

reach the challenging State academic content standards

and developmental goals;

``(C) the implementation of the professional

development activities assisted under this title and the

impact on instruction, student academic achievement, and

teacher qualifications to enhance the ability of special

education teachers and regular education teachers to

improve results for children with disabilities; and

``(D) the effectiveness of schools, local

educational agencies, States, other recipients of

assistance under this title, and the Secretary in

achieving the purposes of this title by--

``(i) improving the academic achievement of

children with disabilities and their performance

on regular statewide assessments as compared to

nondisabled children, and the performance of

children with disabilities on alternate

assessments;

``(ii) improving the participation of children

with disabilities in the general education

curriculum;

``(iii) improving the transitions of children

with disabilities at natural transition points;

``(iv) placing and serving children with

disabilities, including minority children, in the

least restrictive environment appropriate;

``(v) preventing children with disabilities,

especially children with emotional disturbances

and specific learning disabilities, from dropping

out of school;

``(vi) addressing the reading and literacy

needs of children with disabilities;

``(vii) reducing the inappropriate

overidentification of children, especially

minority and limited English proficient children,

as having a disability;

``(viii) improving the participation of

parents of children with disabilities in the

education of their children; and

``(ix) resolving disagreements between

education personnel and parents through alternate

dispute resolution activities, including

mediation.

``(3) Interim and final reports.--The Secretary shall submit

to the President and Congress--

``(A) an interim report that summarizes the

preliminary findings of the assessment not later than 3

years after the date of enactment of the Individuals

with Disabilities Education Improvement Act of 2004; and

``(B) a final report of the findings of the

assessment not later than 5 years after the date of

enactment of such Act.

``(c) Study on Ensuring Accountability for Students Who Are Held to

Alternative Achievement Standards.--The Secretary shall carry out a

national study or studies to examine--

``(1) the criteria that States use to determine--

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``(A) eligibility for alternate assessments; and

``(B) the number and type of children who take those

assessments and are held accountable to alternative

achievement standards;

``(2) the validity and reliability of alternate assessment

instruments and procedures;

``(3) the alignment of alternate assessments and alternative

achievement standards to State academic content standards in

reading, mathematics, and science; and

``(4) the use and effectiveness of alternate assessments in

appropriately measuring student progress and outcomes specific

to individualized instructional need.

``(d) Annual Report.--The Secretary shall provide an annual report

to Congress that--

``(1) summarizes the research conducted under part E of the

Education Sciences Reform Act of 2002;

``(2) analyzes and summarizes the data reported by the

States and the Secretary of the Interior under section 618;

``(3) summarizes the studies and evaluations conducted under

this section and the timeline for their completion;

``(4) describes the extent and progress of the assessment of

national activities; and

``(5) describes the findings and determinations resulting

from reviews of State implementation of this title.

``(e) Authorized Activities.--In carrying out this section, the

Secretary may support objective studies, evaluations, and assessments,

including studies that--

``(1) analyze measurable impact, outcomes, and results

achieved by State educational agencies and local educational

agencies through their activities to reform policies,

procedures, and practices designed to improve educational and

transitional services and results for children with

disabilities;

``(2) analyze State and local needs for professional

development, parent training, and other appropriate activities

that can reduce the need for disciplinary actions involving

children with disabilities;

``(3) assess educational and transitional services and

results for children with disabilities from minority

backgrounds, including--

``(A) data on--

``(i) the number of minority children who are

referred for special education evaluation;

``(ii) the number of minority children who are

receiving special education and related services

and their educational or other service placement;

``(iii) the number of minority children who

graduated from secondary programs with a regular

diploma in the standard number of years; and

``(iv) the number of minority children who

drop out of the educational system; and

``(B) the performance of children with disabilities

from minority backgrounds on State assessments and other

performance indicators established for all students;

``(4) measure educational and transitional services and

results for children with disabilities served under this title,

including longitudinal studies that--

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``(A) examine educational and transitional services

and results for children with disabilities who are 3

through 17 years of age and are receiving special

education and related services under this title, using a

national, representative sample of distinct age cohorts

and disability categories; and

``(B) examine educational results, transition

services, postsecondary placement, and employment status

for individuals with disabilities, 18 through 21 years

of age, who are receiving or have received special

education and related services under this title; and

``(5) identify and report on the placement of children with

disabilities by disability category.

``(f) <<NOTE: Reports.>> Study.--The Secretary shall study, and

report to Congress regarding, the extent to which States adopt policies

described in section 635(c)(1) and on the effects of those policies.