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United States · Law · S

S. 1106 (102nd)

Individuals with Disabilities Education Act Amendments of 1991

enactedUnited States· United States Congress· EN

Introduced

21 May 1991

Last action

—

Status

Became Public Law No: 102-119.

Sponsors

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Subjects

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Source updated

21 July 2025

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Summary

Individuals with Disabilities Education Act Amendments of 1991 - Amends the Individuals with Disabilities Education Act (IDEA) to allow States to opt to include under the definition of "children with disabilities," for children aged three through five, those who need special education and related services because they are experiencing delays in one or more of the following areas of their development: physical, cognitive, communication, social or emotional, or adaptive. Requires State plans to set forth policies and procedures relating to the smooth transition for those participants in the part H early intervention program who will participate in preschool programs under part B of IDEA, including a method of ensuring development and implementation, by a child's third birthday, of an individualized education program or, if consistent with specified provisions, an individualized family service plan has been developed and is being implemented by a child's third birthday. Revises application requirements to allow the local or intermediate educational agency, if this is consistent with State policy and has the concurrence of parents or guardian, to establish, annually review, and revise an individualized family service plan (as an alternative to an individualized education plan) for each child with a disability, aged three through five. Revises provisions for preschool grants to increase to $1,500 (from $1,000) the maximum limit on a preschool grant to a State per child with a disability, aged three through five. Allows a State to opt to use a certain portion of its preschool grant to provide a free public education to two-year-old children with disabilities who will reach age three during the school year, whether or not they are receiving or have received services under the part H early intervention program (also allows the local or intermediate educational agency to use its preschool grant funds from the State for such purpose, if consistent with State policy). Provides that part H early intervention program provisions do not apply to any child with disabilities receiving a free public education with funds received under part B preschool grants provisions. Revises provisions for early education for children with disabilities, under part C of IDEA, to include program services and activities for: (1) individuals at risk of having substantial developmental delays if early intervention services are not provided; (2) outreach to low-income, minority, rural, and other underserved populations eligible for assistance under parts B and H of IDEA; and (3) supporting statewide projects in conjunction with a State's part H plan and part B application, to change from segregated to integrated environments the delivery of early intervention services to infants and toddlers with disabilities and of special education and related services to preschool children with disabilities. Increases the amounts authorized to be appropriated for FY 1992 through 1994 for part D provisions for training personnel for the education of individuals with disabilities. Revises definitions, under part H provisions for early intervention services for infants and toddlers with disabilities, to include references to the following developmental needs: communication, social or emotional, and adaptive. Includes among early intervention services: vision services, assistive technology devices and services, and transportation and related costs. Includes among qualified personnel: family therapists, orientation and mobility specialists, and pediatricians and other physicians. Requires that early intervention services, to the maximum extent appropriate, be provided in natural environments, including the home, and community settings in which children without disabilities participate. Authorizes differential funding for the fourth or fifth year of grant allotments to States under the part H early intervention program for handicapped infants and toddlers (from birth to age two), thus allowing certain States to continue their participation in such program under specified conditions. Allows States that have not met all or some of fourth or fifth year requirements to request extended participation for such years and, if such request is approved by the Secretary of Education, receive an allotment for such years in an amount set at a specified earlier, lesser rate. Provides for reallotment of the resultant excess funds to States that have met all the requirements for such years and that will consequently be receiving the full grant allotment for such years, as well as such additional funds from their portion of such reallotment. Revises requirements for a statewide system of services, under the part H early intervention program, to include reference to service coordination (rather than case management) services under the individualized family service plan. Requires the part H comprehensive system of personnel development to: (1) include training of paraprofessionals; and (2) be consistent with such system under part B. Revises the lead State agency responsibilities to: (1) include monitoring compliance of programs and activities used by the State to carry out part H, whether or not these are receiving part H assistance; and (2) provide for assignment of fiscal responsibility to the appropriate agencies, in accordance with provisions for State designation of an individual or entity to make such assignment. Revises part H provisions for individualized family service plans to require such plans to also include: (1) a multidisciplinary assessment of the unique strengths and needs of the infant or toddler and the identification of services appropriate to meet such needs; (2) a family directed assessment of family resources, priorities, and concerns and identification of supports and services necessary to enhance the family's capacity to meet their child's developmental needs; and (3) a statement of the natural environments in which early intervention services shall appropriately be provided. Allows the service coordinator to be one who is otherwise qualified to carry out all part H responsibilities. Requires the contents of such plan to be fully explained to the parents or guardian, and their informed written consent to be obtained prior to provision of any or all early intervention services. Revises part H requirements for the State application and assurances. Requires such application to also include: (1) a designation by the State of an individual or entity responsible for assigning financial responsibility among appropriate agencies; and (2) a description of the policies and procedures used to ensure a smooth transition for participants in part H early intervention programs who are eligible to participate in part B preschool programs, including how the families will be included in transitional plans and how the part H lead agency will notify the appropriate local or intermediate educational agency at least 90 days before such child is eligible for the part B preschool program in accordance with State law. Requires the State, beginning in FY 1992, to assure that policies and practices have been adopted to ensure meaningful involvement of traditionally underserved families, including minority, low-income, and rural families, in part H planning and implementation and access of such families to culturally competent services within their local areas. Allows a State to use part H early intervention program funds to provide a free appropriate public education, in accordance with part B preschool program provisions, to children with disabilities in the transitional period from their third birthdays to the beginning of the following school year. Revises part H statewide system procedural safeguards to also include the rights of parents or guardians to: (1) written notice of and written consent to the exchange of personally identifiable information among agencies, consistent with Federal and State laws; and (2) determine whether they, their infant or toddler, or other family members will accept or decline any early intervention service under part H in accordance with State law without jeopardizing other such early intervention services. Revises part H requirements relating to State Interagency Coordinating Council: (1) membership composition and numbers; (2) chairpersons; (3) functions (adding advice and assistance in toddlers' transition to preschool programs and in provision of appropriate services for children from birth through age five); and (4) expenditures (including child care for parent representatives). Extends through FY 1994 the payment of State allotments for part H early intervention program services. Provides that each State shall receive at least a specified minimum amount in such allotment. Extends through FY 1994 the authorization of appropriations for part H early intervention program services. Directs the Secretary of Education (the Secretary) to establish a Federal Interagency Coordinating Council, for early intervention services for infants and toddlers with disabilities and their families and preschool services for children with disabilities, to: (1) minimize duplication of programs and activities at Federal, State, and local agency levels; (2) coordinate Federal agency programs and policies and technical assistance and support to States; and (3) identify gaps in programs and services and barriers to Federal interagency cooperation and program operation. Directs the Secretary to: (1) undertake a study to identify alternative formulas allocating part H early intervention program funds, including specified analyses; and (2) transmit the study and a report on it to specified congressional committees by March 1, 1993. Amends both Federal law relating to impact aid and the Defense Dependents Education Act of 1978 to require that IDEA provisions for part H early intervention services and part B preschool public education apply, respectively, to infants and toddlers age birth through two with disabilities and children aged three through five with disabilities who are military dependents served under such law and such Act. Makes various technical amendments and changes in terminology in IDEA, and updates various Federal laws' references to IDEA.

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