1.. C; \ *——\.~ 1%?/3 _‘. e in # %"(;; in 1 (cl £2 i*4’»a~»l Y~ R ' O ;- 86-926 EPW Congressional Research Service The Library of Congress Washington. D.C. 20540 Government Pubiications‘ Unfl AUG 0 i1994 Washington ijniversity Libraries St Louw. NH} 63130 SUMMARY OF THE EDUCATION OF THE HANDICAPPED ACT AMENDMENTS or 1986, P.L. 99-457 Charlotte Jones Fraas Specialist in Social Legislation Education and Public Welfare Division October 10, 1986 ri - olumbia C HIHJIIH Hill 11 6 6 niversi ssou riiiliiiii u 010-10394 ABSTRACT This paper is a summary of the Education of the Handicapped Act (EHA) Amendments of 1986, P.L. 99-457. Major provisions of the legislation au= thorize Federal assistance to States for the development and delivery of educational and related services to all handicapped children from birth to school age. The amendments also reauthorize and revise EHA discretionary grants through FY 1989, and establish new project grants for the development of technology, educational media, and materials for the handicappede SUMMARY OF THE EDUCATION OF THE HANDICAPPED ACT AMENDMENTS OF 1986, P.L. 99-457 The 99th Congress revised the Education of the Handicapped Act (EHA) and reauthorized its discretionary grant programs in P.L. 99-457, the Education of the Handicapped Act Amendments of 1986. Major provisions of this legislation authorize Federal assistance to States, under two formula grant programs, for the development and delivery of educational and related services to all hand- icapped children from infancy to school age. Other amendments to the EHA in this law revise and extend its discretionary grant programs through fiscal year 1989, and establish new project grants for the development of technology, edu- cational media, and materials for the handicapped. The following is a summary of the major provisions of P.L. 99-457. I. EARLY INTERVENTION SERVICES FOR HANDICAPPED INFANTS AND TODDLERS Title I of P.L. 99-457 creates a new part B of the EHA authorizing Federal formula grants to States for the development and implementation of statewide systems to provide early intervention services for handicapped infants and tod- dlers and their families. Under part H,/the Secretary of Education would allo- cate Federal funds annually among the 50 States, the District of Columbia, and Puerto Rico on the basis of their relative populations of children birth through age 2 years, with no State receiving less than 0.5 percent of the amount available for this purpose. The territories would receive 1 percent of CRS-2 the appropriation annually, and the Secretary of the Interior (Bureau of Indian Affairs), 1.25 percent. The program is authorized through fiscal year 1991 at the following appropriations levels: $50 million for FY 1987; $75 million for FY l988; and "such sums as may be necessary" for each of the remaining 3 fiscal years. To participate in the part H grant program, each State would be required to develop and-to implement a statewide system of coordinated, comprehensive, multidisciplinary programs providing appropriate early intervention services to all handicapped infants and toddlers and their families, under a timetable established in the legislation. The first 2 years the State receives part H federal aid, it would be responsible for program planning and development. By its third year of assistance, the State must adopt a formal policy establishing its early intervention system to include all the system's components prescribed by the legislation. The fourth year the system must be in effect but the State would only be required to provide all infants and toddlers multidisciplinary assessments, individualized family services plans, and case management services and not the full range of early intervention services as stated in the plan. By the beginning of the fifth year of its participation in the program, the State must make all appropriate early intervention services available to all handicapped infants and toddlers. States mandating free appropriate public education for handicapped children from birth under the EHA's part B State grant program (P.L. 94-142) as of September 1, 1986 would be presumptively eligible for part H assistance until the fifth year of participation, when they would have to meet all of the requirements of part H. All other States would be required to follow the timetable and program elements stated above. CRS-3 The legislation specifies the minimum components of the State's early in- tervention system, which include but are not limited to: a definition of what would constitute a "developmental delay" for purposes of applying the Federal eligibility criteria for infant and toddler program participation; timetables for assuring that all appropriate early intervention services will be available to all handicapped infants and toddlers within the State by the beginning of the fifth year the State participates in the part H program; multidisciplinary evaluations of each handicapped infant and toddler; the development of an indi- vidualized family service plan, under criteria set forth in the legislation, for each handicapped infant and toddler and the provision of case management services; a comprehensive system of identifying handicapped infants and tod- dlers; a comprehensive system of personnel development; procedural safeguards for the timely administrative resolution of complaints by parents under certain minimum standards set forth in the legislation; and a single line of responsi- bility in a State-level lead agency to administer the program and coordinate the activities of other State agencies.’ Handicapped infants and toddlers who would be eligible for services under the State's early intervention system would include children with developmental delays in one of five major areas L/ or children with physical or mental im- pairments with high probability of resulting in developmental delays. A State may also choose to include children at-risk of experiencing developmental de- lays under its eligibility standards. Such children might include, for exam- ple, low birth weight babies, or babies with parents who are very young or old, who abuse drugs, or who have developmental disabilities. States would be responsible for specifically defining "developmental delay." 1/ These areas are physical development, cognitive development, language and speech development, psycho-social development, or self-help skills. CRS-4 Each eligible handicapped child would initially be entitled to receive an assessment of his or her needs after which a multidisciplinary team would de- velop a written individualized family service plan describing, among other things, appropriate early intervention services. The legislation defines early intervention services as developmental services provided under public super- vision and at public expense (unless Federal or State law provides for family payments) to address the child's needs in one or more of the five major areas of development in which they may be deficient. The definition also includes the types of services that might be included as well as the personnel who might be expected to provide the services. The services would be provided in con- formity with the individualized family service plan. The legislation specifically precludes the substitution of part H funds for early intervention program funding from other public or private sources that would otherwise be available in the absence of part H; it also prohibits States from reducing or otherwise altering the eligibility of handicapped infants and toddlers for benefits under the Federal maternal and child health program or Medicaid. F Part H also would require participating States to have a State Interagency Coordinating Council consisting of 15 members appointed by the Governor. The functions of the Council would be to advise and assist the lead agency, espe- cially on matters relating to the fiscal and other responsibilities of other State agencies for the early intervention program and to the development of interagency agreements. Part H requires the U.S. Secretaries of Education, and Health and Human Services to conduct a joint study of Federal resources for early intervention activities to assure the continued use of such funds in addition to those that CRS-5 may otherwise be available under the EHA. The findings from this study must be reported to Congress within 18 months after enactment of the legislation. The legislation requires States to apply for part H funding annually. Participating States must also file a statement of assurances with the Secre- tary of Education generally concerning recordkeeping and fiscal control measures . II. PRE-SCHOOL GRANTS FOR HANDICAPPED CHILDREN AGES 3 THROUGH 5 YEARS Title II of P.L. 99-457 amends section 619 of the EHA by establishing a new Federal formula grant program for States to develop preschool programs for handicapped children ages 3 through 5 years. The program would authorize sig- nificantly larger appropriations than the former Preschool Incentive Grant program for States to adopt full-service special education mandates for all handicapped children from age 3 through 5 years by no later than fiscal year 1991. To be eligible for preschool grants, States must provide a free appropri- ate public education to 3 through 5 year old handicapped children under the program eligibility and planning requirements of the EHA Part B State grant (P.L. 94-142) program. Initially, States would not have to serve all handi- capped 3 through 5 year olds to participate in the preschool grant program. By the beginning of fiscal year 1990, however, States would be required to have full service mandates for 3 through 5 year old handicapped children, but only if the preschool program appropriations had reached an aggregate of $656 million for fiscal years 1987 through 1989 and the appropriation for fiscal year 1990 was at least $306 million. If these appropriations levels had not been reached States would be required to provide services to all handicapped 3 CRS-6 through 5 year olds by the beginning of fiscal year 1991 to continue to participate in the preschool grant program. If by the applicable fiscal year the State does not mandate services to all handicapped 3 through 5 year old children, it would not only lose eligia bility for the preschool assistance, but would also cease to be eligible for EHA Part B State grants for its 3 through 5 year old population, as well as for any EHA discretionary grant assistance relating exclusively to activities serving 3 through 5 year old handicapped children. The preschool grant formula for allocating funds to States consists of two tracks for fiscal years 1987 through 1989. First, States would receive a basic per capita amount for each handicapped child aged 3 through 5 years served the previous school year/fiscal year, as counted under the part B State grant program. This amount could not exceed $300 per child for fiscal year 1987, $400 per child for FY 1988, and $500 per child for FY 1989. If appropriations exceed the amount necessary to satisfy these annual maximums, the "excess" money would be allocated among States on a second "track." Participating States would estimate the number of handicapped 3 through 5 year olds they would expect to serve in the school year for which they are receiving the funds. If this number exceeds the number of children actually served the previous year, the State could receive up to $3,800 per child for the increased number of children. g/ If the State's estimate of number of children who will be served proves to be too high or low, the State's funding would be adjusted the following fiscal year. 2/ The "excess" appropriation would be divided by the number of "additional" children served as estimated by all participating States to determine the per capita amount to which each State with additional children would be entitled. CRS-7 For FY 1990 and thereafter, preschool assistance would be a flat maximum of $1,000 per child based on the number of 3 through 5 year old handicapped children served the previous year. If the appropriation for any fiscal year exceeds the amounts necessary to satisfy the maximum authorizations, the remainder may be available_for obli- gation for 2 succeeding fiscal years. The new preschool grant program also contains a formula for the distri- bution of funding within States. For FY 1987, a State would be required to distribute at least 70 percent of its preschool grant to local educational agencies (LEAS) or intermediate educational units (IEUs), and in fiscal years thereafter, 75 percent. The proportion of the State's funding it receives via the first "track" (i.e. on the basis of children actually served) would be distributed among the local school districts on the basis of their counts of 3 through 5 year old handicapped children served; the proportion the State receives via the second "track" (i.e. on the basis of additional children who are expected to be served compared to the number served the previous year) would be distributed among local school districts on the basis of their estimates of the increase in the number of children they expect to serve. Of the preschool grant funding retained by the State, up to 25 percent in FY 1987 and up to 20 percent thereafter could be used for the planning and de- velopment of a comprehensive system to deliver services to handicapped pre- schoolers, as previously authorized under the part C, Handicapped Children's Early Education Program, of the EHA, and for direct and support services. Up to 5 percent of the funds retained by the State could be used for administration. Preschool grants have a permanent authorization of appropriations of "such sums as may be necessary." CRS-8 III. AMENDMENTS TO THE STATE GRANT PROGRAM CONCERNING COST-SHARING Section 203 of P.L. 99-457 amends the authority for the part B EHA State grant program by adding several provisions to assure the continuation of serv- ices and fiscal support for services for the education of handicapped children from agencies other than educational agencies. The amendments, for example, require State plans to establish policies and procedures for developing and implementing interagency agreements between educational agencies and other State agencies, to define fiscal responsibilities, and to resolve interagency disputes. They also preclude States from reducing medical or other assistance, or to alter eligibility for Federal maternal and child health assistance or Medicaid, with respect to the provision of a free appropriate public education to handicapped children and youth. IV. DISCRETIONARY GRANT PROGRAMS A. Regional Resource Centers P.L. 99-457 reauthorizes regional resource centers (RRCS) under part C, section 621, of the EBA at the following levels: $6.7 million for FY 1987; $7.1 million for FY 1988; and $7.5 million for FY 1989. Amendments to the regional resource center provisions include: -- expanding its mission to provide assistance in the area of early intervention services; -- requiring services from the centers to be provided consistent with priorities set by States they serve or Department of Edu- cation findings from monitoring; -- authorizing the Secretary of Education to designate a coordi- nating technical assistance center to focus on national pri- orities set by the Secretary with funding of up to $500,000 annually, but which may be funded only to the extent that CRS-9 existing RRCs are held harmless to their previous year's funding levels; -- expanding the functions of the centers to include training organizations and institutions in grant writing skills to help them apply for EHA discretionary grant assistance. B. Services for Deaf-Blind Children and Youth The 1986 amendments reauthorize the Deaf-Blind service program under part C, section 622 of the EHA at the following levels: $15.9 million for FY 1987; $16.8 million for FY 1988; and $17.8 million for FY 1989. Amendments to section 622 authorize the Secretary to provide assistance for extended school year demonstration projects for severely handicapped children and youth, including deaf-blind children, and to use the section's funding for those activities authorized under the section 624 program for severely handicapped children. C. Early Education for Handicapped Children The legislation reauthorizes the Handicapped Children's Early Education Program (HCEEP) under part C, section 623 at the following levels: $24.47 million for FY 1987; $25.87 million for FY 1988; and $27.41 million for FY 1989. Amendments to section 623, -- clarify that demonstration and outreach activities are to be supported as well as experimental projects, and include, as purposes of the assistance, training on the use of exemplary programs and practices and support for adaptation of programs and practices; -- direct the Secretary of Education to arrange for the estab- lishment of a technical assistance development system to assist grantees State agencies expand and improve services to handicapped and children; CRS-10 -- direct the Secretary to arrange for the establishment of early childhood research institutes; —- require the Secretary 1 year prior to the termination of the grant or contract for the technical assistance development system or the research institutes to file a notice of intent to recompete the award; and -- authorize assistance for research to identify and meet the full range of special needs of handicapped children and for personnel training for programs specifically designed for handicapped children. The legislation repeals the former section 623's authority for planning, development, and implementation grants for comprehensive State systems serving handicapped preschoolers. States could fund such activities under the new preschool grant program described in section II. D. Programs for Severely Handicapped Children The amendments specifically focus the authorization for assistance under ipart C, section 624 on activities addressing the needs of severely handicapped children and youth in the areas of research, demonstration, training, and information dissemination. Formerly, the severely handicapped were authorized to be among any and all handicapped groups such grants could address. The legislation would require funded activities to be coordinated with similar activities receiving assistance under other sections. The program's author- izations are: $5.3 million for FY 1987; $5.6 million for FY 1988; and $5.9 million for FY 1989. E. Postsecondary Education Programs The legislation reauthorizes postsecondary education programs under part C, section 625 at the following levels: $599 million for FY 1987; $6.2 million for FY 1988; and $6.6 million for FY 1989. CRS-ll Amendments to this program require grantees to coordinate their efforts with and disseminate information about their activities to the clearinghouse on postsecondary programs newly established under section 633(b) of the EHA. They also require the Secretary of Education at least 1 year prior to the termina- tion of a grant or contract with the existing 4 regional centers for the deaf to file a notice of intent to recompete the award. F. Secondary Education and Transitional Services for Handicapped Youth The amendments reauthorize the EHA's transition program under part C, section 626 at the following levels: $7.3 million for FY 1987; $7.7 million for FY 1988; and $8.1 million for FY l989. Amendments to the transition program clarify that funded activities may serve students who have left secondary school as well as students throughout their years in school. Its purposes are expanded to include stimulating the improvement of vocational and life skills, and conducting studies of hand- icapped "dropouts." Other amendments indicate criteria that will be used to approve applications; authorize the Secretary to make grants for demonstration projects and technical assistance in the transition area; and authorize funding for specifically designed physical education and therapeutic recreation pro- grams to increase the potential of handicapped youth for community participation. G. Training Personnel for the Education of the Handicapped The legislation reauthorizes part D programs of assistance for personnel training under the EHA at the following levels: $70.4 million for personnel training grant and traineeships and $1.2 million for clearinghouses for CRS-12 FY 1987; $74.5 million for grants and traineeships and $1.9 million for clearinghouses for FY 1988; and $79.0 million for grants and traineeships and $200 million for clearinghouses for FY 1989. At least 65 percent of the part D appropriation must be reserved for the general personnel training grants (excluding special projects, parent training, traineeships and clearinghouses), and 10 percent for parent training. Amendments to section 631, grants for personnel training, authorize grants for training personnel providing special services and preschool and early in- tervention services and require the Secretary to base a determination of awards on information concerning the present and future personnel needs given identi- fied personnel shortages, the capacity of the institution or agency to train qualified personnel, and other appropriate information. The authority for special project grants is expanded to include the development of new approaches--including those applying new technologies--for the preservice training of teachers working in community and school settings with handicapped secondary students and for the inservice training of personnel providing early intervention services. Provisions concerning parent training activities under subsection (c) are amended to provide that persons who work with parents may benefit from train- ing, to direct funding to underserved and unserved groups and geographic areas, and to clarify that State and local educational personnel may participate in parent training and information programs at the discretion of the grantee. Amendments to section 632 require the Secretary to make grants to each State educational agency for traineeships. They also authorize grants to institutions of higher education for establishing and maintaining preservice and inservice programs to prepare personnel for work with handicapped infants, toddlers, children and youth consistent with a State's personnel needs as CRS-13 identified by its comprehensive system of personnel development established under the part B State grant program. Section 633 of the EHA is amended by renaming the section "Clearinghouses" and creating a new clearinghouse to encourage students to seek careers in fields relating to the education of the handicapped. H. Research in the Education of the Handicapped The amendments reauthorize research programs under'part E of the EHA at the following levels: $18.0 million for FY 1987; $19.0 for FY 1988; and $20.1 million for FY 1989. Amendments to section 641 of part E, Research and Demonstration Projects in Education of Handicapped Children, clarify that the authority for assistance includes activities relating to early intervention for handicapped infants and toddlers and specify that assistance may be used to develop instruments to measure progress in the development of handicapped infants, toddlers, children, and youth. The legislation rewrites section 643 of part E concerning panels of ex- perts to evaluate applications for discretionary grants under parts C through G of the EHA. It requires the Secretary of Education to convene panels composed of special education experts in the content areas and age levels addressed in the applications and, when appropriate, handicapped individuals and parents. A majority of the panelists must be not be Federal employees and the non-Federal members must be provided travel expenses and a per diem allowance as well as consultant fees at rates consistent with those provided Department of Education consultants. The statute requires panels to be convened for applications involving funding of over $60,000. CRS-14 1. Instructional Media for the Handicapped The amendments reauthorize part F of the FHA concerning instructional media for the handicapped, but split the°authority for direct services and technological development between part F, and a new part G. Part F, section 652 entitled "Captioned Films and Educational Media for Handicapped Persons," has authorizations at the following levels: $15.0 million for FY 1987; $15.75 million for FY 1988; and $16.54 for FY 1989. Amendments to Part F authorize captioned films and educational media to also be made available to persons addressing the problems of illiteracy among the handicapped, and authorize public libraries to distribute films and educational media and equipment. Part F also provides new statutory authority for the National Theatre of the Deaf. The new part G, Technology, Educational Media, and Materials for the Handicapped, authorizes Federal assistance for institutions of higher education, State and local educational agencies, or other appropriate agencies and institutions to advance the use of new technology, media, and materials in the education of the handicapped and in the provision of early intervention services. It authorizes appropriations of $10 million for FY 1987, $10.5 million for FY 1988, and $l1.025 million for FY 1989. V. EVALUATIONS P.L. 99-457 reauthorizes program evaluations and data collection activi- ties under section 618 of the EHA at the following levels: $3.8 million for FY 1987; $4.0 million for FY 1988; and $4.2 million for FY 1989. Amendments to the evaluation section add references to activities con- cerning handicapped infants and toddlers to reflect the new early intervention CRS-15 program under part H of the EHA. The amendments also change the data collec- tion provisions for preschoolers by requiring States to report the numbers of children served in the age groups birth through 2, and 3 through 5 without reference to disability category. The annual report for FY 1988 would be required to address the provision of free appropriate public education of handicapped children in rural areas as well as to migrants, limited English proficient children, Indians, Native Hawaiians, and other Pacific basin children and youth. Also, beginning in FY 1986 the ahnual report would be required to describe the status of early intervention programs for handicapped infants and toddlers, and special education and related services for handi- capped preschoolers, including those receiving services under other Federal programs such as Head Start, the Developmental Disabilities programs, and Crippled Children's Services. VI. OTHER AMENDMEflTS TO THE EHA A. Definitions P.L. 99-457 amends section 602 defining terms used under the EHA: to include certain community colleges serving Indians under the definition of " to add a new definition of "public or "institution of higher education; private non-profit agency or organization" to include an Indian tribe; and to add new definitions of "Indian" and "Indian tribe." B. Removal of Architectural barriers The amendments to section 607 of the EHA additionally authorize assistance CRS-16 to the Secretary of Interior (Bureau of Indian Affairs, BIA) for the removal of architectural barriers to the handicapped in BIA operated schools. C. Limitation on Child Counts Under the Part B State Grant Program The amendments change the computation of the 12 percent limitation on counting handicapped children served for purposes of determining a State's allocation under the part B State grant program. They require States with full-service mandates for children from age 3 to compare their handicapped child counts ages 3 through 17 years to their population of children ages 3 through 17 years and States without such mandates to compare their counts of handicapped children ages 5 through 17 years to their population of children ages 5 through 17 years. -D. Use of State Set-Asides Under the Part E State Grant Program The amendments authorize States to use that portion of the part B State grant that they retain at the State level for direct and support services for the administrative costs of monitoring and complaint investigation, but only to the extent that such monitoring costs exceed those incurred by the State in FY 1985. E. Part B State Grants for Indian Schools The amendments rewrite section 6ll(f) of the EHA authorizing assistance to Indian schools under the Part B State grant program. They increase the pro- portion of the part B appropriation to be allocated to the Secretary of the Interior for such schools from 1 percent to 1.25 percent and require the Secretary of the Interior's application to meet same planning and eligibility CRS-17 requirements as States under the program. The amendments also require the Secretary of the Interior's application to assure that a free appropriate public education will be provided to all handicapped children ages 3 through 5 years by the school year 1987-1988. F. Qualified Personnel Amendments to section 613 of the EHA require State plans to include pol- icies and procedures relating to the establishment and maintenance of stan- dards to ensure that State and local personnel carrying out the purposes of the part are appropriately and adequately prepared and trained. G. National Advisory Committee on the Education of Handicapped Children and Youth The amendments repeal section 604 of the EHA authorizing the National Advisory Committee on the Education of Handicapped Children and Youth. .1. ._.._.. ._.... LIBRARY OF WASHINGTON UNIVERSITY 31', Lows - MO.