108th CONGRESS 1st Session S. XX IN THE SENATE OF THE UNITED STATES Mr. Gregg (for himself and Mr. Kennedy) introduced the following bill; which was read twice and referred to the Committee on 0DL 0D A BILL To reauthorize the Individuals with Disabilities Education Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Individuals with Disabilities Education Improvement Act of 2003''. TITLE I_AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT SEC. 101. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. Parts A through D of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) are amended to read as follows: ``PART A_GENERAL PROVISIONS ``SEC. 601. SHORT TITLE; TABLE OF CONTENTS; FINDINGS; PURPOSES. ``(a) Short Title._This Act may be cited as the `Individuals with Disabilities Education Act'. ``(b) Table of Contents._The table of contents for this Act is as follows: ``PART A_GENERAL PROVISIONS ``Sec. 601. Short title; table of contents; findings; purposes. ``Sec. 602. Definitions. ``Sec. 603. Office of Special Education Programs. ``Sec. 604. Abrogation of State sovereign immunity. ``Sec. 605. Acquisition of equipment; construction or alteration of facilities. ``Sec. 606. Employment of individuals with disabilities. ``Sec. 607. Requirements for prescribing regulations. ``Sec. 608. State administration. ``Sec. 609. Report to Congress ``PART B_ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES ``Sec. 611. Authorization; allotment; use of funds; authorization of appropriations. ``Sec. 612. State eligibility. ``Sec. 613. Local educational agency eligibility. ``Sec. 614. Evaluations, eligibility determinations, individualized education programs, and educational placements. ``Sec. 615. Procedural safeguards. ``Sec. 616. Monitoring, technical assistance, and enforcement. ``Sec. 617. Administration. ``Sec. 618. Program information. ``Sec. 619. Preschool grants. ``PART C_INFANTS AND TODDLERS WITH DISABILITIES ``Sec. 631. Findings and policy. ``Sec. 632. Definitions. ``Sec. 633. General authority. ``Sec. 634. Eligibility. ``Sec. 635. Requirements for statewide system. ``Sec. 636. Individualized family service plan. ``Sec. 637. State application and assurances. ``Sec. 638. Uses of funds. ``Sec. 639. Procedural safeguards. ``Sec. 640. Payor of last resort. ``Sec. 641. State Interagency Coordinating Council. ``Sec. 642. Federal administration. ``Sec. 643. Allocation of funds. ``Sec. 644. Authorization of appropriations. ``PART D_NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH DISABILITIES ``Sec. 650. Findings and purpose. ``Subpart 1_State Personnel Preparation and Professional Development Grants ``Sec. 651. Purpose; definition; program authority. ``Sec. 652. Eligibility and collaborative process. ``Sec. 653. Applications. ``Sec. 654. Use of funds. ``Sec. 655. Authorization of appropriations. ``Subpart 2_Scientifically Based Research, Technical Assistance, Model Demonstration Projects, and Dissemination of Information ``Sec. 660. Purpose. ``Sec. 661. Administrative provisions. ``Sec. 662. Research to improve results for children with disabilities. ``Sec. 663. Technical assistance, demonstration projects, dissemination of information, and implementation of scientifically based research. ``Sec. 664. Personnel development to improve services and results for children with disabilities. ``Sec. 665. Studies and evaluations. ``Subpart 3_Supports To Improve Results for Children With Disabilities ``Sec. 670. Purposes. ``Sec. 671. Parent training and information centers. ``Sec. 672. Community parent resource centers. ``Sec. 673. Technical assistance for parent training and information centers. ``Sec. 674. Technology development, demonstration, and utilization; and media services. ``Sec. 675. Authorization of appropriations. ``Subpart 4_Interim Alternative Educational Settings, Behavioral Supports, and Whole School Interventions ``Sec. 681. Purpose. ``Sec. 682. Definition of eligible entity. ``Sec. 683. Program authorized. ``Sec. 684. Program evaluations. ``Sec. 685. Authorization of appropriations. ``(c) Findings._Congress finds the following: ``(1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities. ``(2) Before the date of the enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94 09142), the educational needs of millions of children with disabilities were not being fully met because_ ``(A) the children did not receive appropriate educational services; ``(B) the children were excluded entirely from the public school system and from being educated with their peers; ``(C) undiagnosed disabilities prevented the children from having a successful educational experience; or ``(D) a lack of adequate resources within the public school system forced families to find services outside the public school system. ``(3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this Act has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities. ``(4) However, the implementation of this Act has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities. ``(5) Over 25 years of research and experience has demonstrated that the education of children with disabilities can be made more effective by_ ``(A) having high expectations for such children and ensuring their access to the general education curriculum in the regular classroom to the maximum extent possible in order to_ ``(i) meet developmental goals and, to the maximum extent possible, the challenging expectations that have been established for all children; and ``(ii) be prepared to lead productive and independent adult lives, to the maximum extent possible; ``(B) strengthening the role and responsibility of parents and ensuring that families of such children have meaningful opportunities to participate in the education of their children at school and at home; ``(C) coordinating this Act with other local, educational service agency, State, and Federal school improvement efforts, including improvement efforts under the Elementary and Secondary Education Act of 2001, in order to ensure that such children benefit from such efforts and that special education can become a service for such children rather than a place where they are sent; ``(D) providing appropriate special education and related services, and aids and supports in the regular classroom, to such children, whenever appropriate; ``(E) supporting high-quality, intensive preservice preparation professional development for all personnel who work with children with disabilities in order to ensure that such personnel have the skills and knowledge necessary to improve the academic achievement and functional performance of children with disabilities, including the use of scientifically based instructional practices, to the maximum extent possible; ``(F) providing incentives for whole-school approaches, scientifically based early reading programs, positive behavioral interventions and supports, and prereferral intervention to reduce the need to label children as disabled in order to address their learning and behavioral needs; ``(G) focusing resources on teaching and learning while reducing paperwork and requirements that do not assist in improving educational results; and ``(H) supporting the development and use of technology, including assistive technology devices and assistive technology services, to maximize accessibility for children with disabilities. ``(6) While States, local educational agencies, and educational service agencies are primarily responsible for providing an education for all children with disabilities, it is in the national interest that the Federal Government have a supporting role in assisting State and local efforts to educate children with disabilities in order to improve results for such children and to ensure equal protection of the law. ``(7) A more equitable allocation of resources is essential for the Federal Government to meet its responsibility to provide an equal educational opportunity for all individuals. ``(8)(A) The Federal Government must be responsive to the growing needs of an increasingly more diverse society. ``(B) America's ethnic profile is rapidly changing. In the year 2000, 1 of every 3 persons in the United States was a member of a minority group or was limited English proficient. ``(C) Minority children comprise an increasing percentage of public school students. ``(D) With such changing demographics, recruitment efforts for special education personnel should focus on increasing the participation of minorities in the teaching profession. ``(9)(A) The limited English proficient population is the fastest growing in our Nation, and the growth is occurring in many parts of our Nation. ``(B) Studies have documented apparent discrepancies in the levels of referral and placement of limited English proficient children in special education. ``(C) This poses a special challenge for special education in the referral of, assessment of, and services for, our Nation's students from non-English language backgrounds. ``(10)(A) Greater efforts are needed to prevent the intensification of problems connected with mislabeling and high dropout rates among minority children with disabilities. ``(B) More minority children continue to be served in special education than would be expected from the percentage of minority students in the general school population. ``(C) African-American children are over identified as having mental retardation and emotional disturbance at rates greater than their white counterparts. ``(D) In the 1998 091999 school year, African-American children represented just 14.8 percent of the population aged 6 through 21, but comprised 20.2 percent of all children with disabilities. ``(E) Studies have found that schools with predominately Caucasian students and teachers have placed disproportionately high numbers of their minority students into special education. ``(11)(A) As the number of minority students in special education increases, the number of minority teachers and related services personnel produced in colleges and universities continues to decrease. ``(B) The opportunity for minority individuals, organizations, and Historically Black Colleges and Universities to participate fully in awards for grants and contracts, boards of organizations receiving funds under this Act, and peer review panels, and in the training of professionals in the area of special education is essential if we are to obtain greater success in the education of minority children with disabilities. ``(d) Purposes._The purposes of this title are_ ``(1)(A) to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for employment, further education, and independent living; ``(B) to ensure that the rights of children with disabilities and parents of such children are protected; and ``(C) to assist States, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities; ``(2) to assist States in the implementation of a Statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for infants and toddlers with disabilities and their families; ``(3) to ensure that educators and parents have the necessary tools to improve educational results for children with disabilities by supporting systemic-change activities; coordinated research and personnel preparation; coordinated technical assistance, dissemination, and support; and technology development and media services; and ``(4) to assess, and ensure the effectiveness of, efforts to educate children with disabilities. ``SEC. 602. DEFINITIONS. ``Except as otherwise provided, as used in this Act: ``(1) Assistive technology device._The term `assistive technology device' means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of a child with a disability. ``(2) Assistive technology service._The term `assistive technology service' means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes_ ``(A) the evaluation of the needs of such child, including a functional evaluation of the child in the child's customary environment; ``(B) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by such child; ``(C) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing of assistive technology devices; ``(D) coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; ``(E) training or technical assistance for such child, or, where appropriate, the family of such child; and ``(F) training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of such child. ``(3) Child with a disability._ ``(A) In general._The term `child with a disability' means a child_ ``(i) with mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (hereinafter referred to as `emotional disturbance'), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and ``(ii) who, by reason thereof, needs special education and related services. ``(B) Child aged 3 through 9._The term `child with a disability' for a child aged 3 through 9 (or any subset of that age range, including ages 3 through 5), may, at the discretion of the State and the local educational agency, include a child_ ``(i) experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in 1 or more of the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development; and ``(ii) who, by reason thereof, needs special education and related services. ``(4) Core academic subject._The term `core academic subject' has the meaning given the term in section 9101(11) of the Elementary and Secondary Education Act of 1965. ``(5) Educational service agency._The term `educational service agency'_ ``(A) means a regional public multiservice agency_ ``(i) authorized by State law to develop, manage, and provide services or programs to local educational agencies; and ``(ii) recognized as an administrative agency for purposes of the provision of special education and related services provided within public elementary schools and secondary schools of the State; and ``(B) includes any other public institution or agency having administrative control and direction over a public elementary school or secondary school. ``(6) Elementary school._The term `elementary school' means a nonprofit institutional day or residential school that provides elementary education, as determined under State law. ``(7) Equipment._The term `equipment' includes_ ``(A) machinery, utilities, and built-in equipment, and any necessary enclosures or structures to house such machinery, utilities, or equipment; and ``(B) all other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture; printed, published, and audio- visual instructional materials; telecommunications, sensory, and other technological aids and devices; and books, periodicals, documents, and other related materials. ``(8) Excess costs._The term `excess costs' means those costs that are in excess of the average annual per-student expenditure in a local educational agency during the preceding school year for an elementary school or secondary school student, as may be appropriate, and which shall be computed after deducting_ ``(A) amounts received_ ``(i) under part B of this title; ``(ii) under part A of title I of the Elementary and Secondary Education Act of 1965; and ``(iii) under parts A and B of title III of that Act; and ``(B) any State or local funds expended for programs that would qualify for assistance under any of those parts. ``(9) Free appropriate public education._The term `free appropriate public education' means special education and related services that_ ``(A) have been provided at public expense, under public supervision and direction, and without charge; ``(B) meet the standards of the State educational agency; ``(C) include an appropriate preschool, elementary school, or secondary school education in the State involved; and ``(D) are provided in conformity with the individualized education program required under section 614(d). ``(10) Highly qualified; consultative services._ ``(A) Highly qualified._The term `highly qualified', when used with respect to any special education teacher teaching in a State, means a teacher who_ ``(i)(I) meets the definition of that term in section 9101(23) of the Elementary and Secondary Education Act of 1965, including full State certification as a special education teacher through a State approved special education teacher preparation program (including certification obtained through State or local educational agency approved alternative routes); or ``(II) has passed a State special education licensing examination and holds a license to teach special education in such State, except that when used with respect to any teacher teaching in a public charter school, the term means that the teacher meets the requirements set forth in the State's statute on public charter schools; and ``(ii) does not have certification or licensure requirements waived on an emergency, temporary, or provisional basis; ``(iii) if the teacher provides only consultative services to a regular education teacher with respect to a core academic subject, the special education teacher shall meet the standards for subject knowledge and teaching skills described in section 9101(23) of the Elementary and Secondary Education Act of 1965 that apply to elementary school teachers; and ``(iv) if the teacher provides instruction in a core academic subject to middle or secondary students who are performing at the elementary level, the teacher shall meet the standards for subject knowledge and teaching skills described in section 9101(23) of the Elementary and Secondary Education Act of 1965 that apply to elementary school teachers. ``(B) Consultative services._As used in subparagraph (A)(iii), the term `consultative services' means_ ``(i) consultation on adapting curricula, using positive behavioral supports and interventions, and selecting appropriate accommodations, and does not include direct instruction of students; or ``(ii) teaching in collaboration with a regular education teacher or teachers who is or are highly qualified in the core academic subjects being taught. ``(11) Indian._The term `Indian' means an individual who is a member of an Indian tribe. ``(12) Indian tribe._The term `Indian tribe' means any Federal or State Indian tribe, band, rancheria, pueblo, colony, or community, including any Alaska Native village or regional village corporation (as defined in or established under the Alaska Native Claims Settlement Act). ``(13) Individualized education program._The term `individualized education program' or `IEP' means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with section 614(d). ``(14) Individualized family service plan._The term `individualized family service plan' has the meaning given such term in section 636. ``(15) Infant or toddler with a disability._The term `infant or toddler with a disability' has the meaning given such term in section 632. ``(16) Institution of higher education._The term `institution of higher education'_ ``(A) has the meaning given such term in section 101 (a) and (b) of the Higher Education Act of 1965; and ``(B) also includes any community college receiving funding from the Secretary of the Interior under the Tribally Controlled College or University Assistance Act of 1978. ``(17) Local educational agency._ ``(A) The term `local educational agency' means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary schools or secondary schools. ``(B) The term includes_ ``(i) an educational service agency, as defined in paragraph (4); and ``(ii) any other public institution or agency having administrative control and direction of a public elementary school or secondary school. ``(C) The term includes an elementary school or secondary school funded by the Bureau of Indian Affairs, but only to the extent that such inclusion makes the school eligible for programs for which specific eligibility is not provided to the school in another provision of law and the school does not have a student population that is smaller than the student population of the local educational agency receiving assistance under this Act with the smallest student population, except that the school shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Affairs. ``(18) Native language._The term `native language', when used with respect to an individual of limited English proficiency, means the language normally used by the individual, or in the case of a child, the language normally used by the parents of the child. ``(19) Nonprofit._The term `nonprofit', as applied to a school, agency, organization, or institution, means a school, agency, organization, or institution owned and operated by 1 or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. ``(20) Outlying area._The term `outlying area' means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(21) Parent._The term `parent'_ ``(A) includes a legal guardian; and ``(B) except as used in sections 615(b)(2) and 639(a)(5), includes an individual assigned under either of those sections to be a surrogate parent. ``(22) Parent organization._The term `parent organization' has the meaning given such term in section 671(g). ``(23) Parent training and information center._The term `parent training and information center' means a center assisted under section 671 or 672. ``(24) Related services._The term `related services' means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school health services, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a child with a disability to benefit from special education, and includes the early identification and assessment of disabling conditions in children. ``(25) Secondary school._The term `secondary school' means a nonprofit institutional day or residential school that provides secondary education, as determined under State law, except that it does not include any education beyond grade 12. ``(26) Secretary._The term `Secretary' means the Secretary of Education. ``(27) Special education._The term `special education' means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including_ ``(A) instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and ``(B) instruction in physical education. ``(28) Specific learning disability._ ``(A) In general._The term `specific learning disability' means a disorder in 1 or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. ``(B) Disorders included._Such term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. ``(C) Disorders not included._Such term does not include a learning problem that is primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural, or economic disadvantage. ``(29) State._The term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas. ``(30) State educational agency._The term `State educational agency' means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary schools and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law. ``(31) Supplementary aids and services._The term `supplementary aids and services' means aids, services, and other supports that are provided in regular education classes or other education- related settings to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate in accordance with section 612(a)(5). ``(32) Transition services._The term `transition services' means a coordinated set of activities for a child with a disability (as defined in paragraph (3)(A)) that_ ``(A) is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including post-secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; ``(B) is based on the individual child's needs, taking into account the child's capacity, preferences, and interests; and ``(C) includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation. ``SEC. 603. OFFICE OF SPECIAL EDUCATION PROGRAMS. ``(a) Establishment._There shall be, within the Office of Special Education and Rehabilitative Services in the Department of Education, an Office of Special Education Programs, which shall be the principal agency in such Department for administering and carrying out this Act and other programs and activities concerning the education of children with disabilities. ``(b) Director._The Office established under subsection (a) shall be headed by a Director who shall be selected by the Secretary and shall report directly to the Assistant Secretary for Special Education and Rehabilitative Services. ``(c) Voluntary and Uncompensated Services._Notwithstanding section 1342 of title 31, United States Code, the Secretary is authorized to accept voluntary and uncompensated services in furtherance of the purposes of this Act. ``SEC. 604. ABROGATION OF STATE SOVEREIGN IMMUNITY. ``(a) In General._A State shall not be immune under the 11th amendment to the Constitution of the United States from suit in Federal court for a violation of this Act. ``(b) Remedies._In a suit against a State for a violation of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as those remedies are available for such a violation in the suit against any public entity other than a State. ``(c) Effective Date._Subsections (a) and (b) apply with respect to violations that occur in whole or part after the date of enactment of the Education of the Handicapped Act Amendments of 1990. ``SEC. 605. ACQUISITION OF EQUIPMENT; CONSTRUCTION OR ALTERATION OF FACILITIES. ``(a) In General._If the Secretary determines that a program authorized under this Act will be improved by permitting program funds to be used to acquire appropriate equipment, or to construct new facilities or alter existing facilities, the Secretary is authorized to allow the use of those funds for those purposes. ``(b) Compliance With Certain Regulations._Any construction of new facilities or alteration of existing facilities under subsection (a) shall comply with the requirements of_ ``(1) appendix A of part 36 of title 28, Code of Federal Regulations (commonly known as the `Americans with Disabilities Accessibility Guidelines for Buildings and Facilities'); or ``(2) appendix A of subpart 101 0919.6 of title 41, Code of Federal Regulations (commonly known as the `Uniform Federal Accessibility Standards'). ``SEC. 606. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES. ``The Secretary shall ensure that each recipient of assistance under this Act makes positive efforts to employ and advance in employment qualified individuals with disabilities in programs assisted under this Act. ``SEC. 607. REQUIREMENTS FOR PRESCRIBING REGULATIONS. ``(a) In General._The Secretary may issue such regulations as are necessary to ensure that there is compliance with this Act. ``(b) Protections Provided to Children._The Secretary may not implement, or publish in final form, any regulation prescribed pursuant to this Act that_ ``(1) violates or contradicts any provision of this Act; and ``(2) procedurally or substantively lessens the protections provided to children with disabilities under this Act, as embodied in regulations in effect on July 20, 1983 (particularly as such protections related to parental consent to initial evaluation or initial placement in special education, least restrictive environment, related services, timelines, attendance of evaluation personnel at individualized education program meetings, or qualifications of personnel), except to the extent that such regulation reflects the clear and unequivocal intent of the Congress in legislation. ``(c) Public Comment Period._The Secretary shall provide a public comment period of not less than 60 days on any regulation proposed under part B or part C of this Act on which an opportunity for public comment is otherwise required by law. ``(d) Policy Letters and Statements._The Secretary may not issue policy letters or other statements (including letters or statements regarding issues of national significance) that_ ``(1) violate or contradict any provision of this Act; or ``(2) establish a rule that is required for compliance with, and eligibility under, this Act without following the requirements of section 553 of title 5, United States Code. ``(e) Explanation and Assurances._Any written response by the Secretary under subsection (d) regarding a policy, question, or interpretation under part B of this Act shall include an explanation in the written response that_ ``(1) such response is provided as informal guidance and is not legally binding; ``(2) when required, such response is issued in compliance with the requirements of section 553 of title 5, United States Code; and ``(3) such response represents the interpretation by the Department of Education of the applicable statutory or regulatory requirements in the context of the specific facts presented. ``(f) Correspondence From Department of Education Describing Interpretations of This Act._ ``(1) In general._The Secretary shall, on a quarterly basis, publish in the Federal Register, and widely disseminate to interested entities through various additional forms of communication, a list of correspondence from the Department of Education received by individuals during the previous quarter that describes the interpretations of the Department of Education of this Act or the regulations implemented pursuant to this Act. ``(2) Additional information._For each item of correspondence published in a list under paragraph (1), the Secretary shall_ ``(A) identify the topic addressed by the correspondence and shall include such other summary information as the Secretary determines to be appropriate; and ``(B) ensure that all such correspondence is issued, where applicable, in compliance with the requirements of section 553 of title 5, United States Code. ``SEC. 608. STATE ADMINISTRATION. ``(a) Rulemaking._Each State that receives funds under this Act shall_ ``(1) ensure that any State rules, regulations, and policies relating to this Act conform to the purposes of this Act; and ``(2) identify in writing to its local educational agencies and the Secretary any such rule, regulation, or policy as a State- imposed requirement that is not required by this Act and Federal regulations. ``(b) Support and Facilitation._State rules, regulations, and policies under this Act shall support and facilitate local educational agency and school-level systemic reform designed to enable children with disabilities to meet the challenging State student academic achievement standards. ``SEC. 609. REPORT TO CONGRESS. ``The Comptroller General shall conduct a review of Federal, State, and local requirements to determine which requirements result in excessive paperwork completion burdens for teachers, related services providers, and school administrators, and shall report to Congress not later than 18 months after the date of enactment of the Individuals with Disabilities Education Improvement Act of 2003 regarding such review along with strategic proposals for reducing the paperwork burdens on teachers.