H.R. 510 — Introduced in House

I 113th CONGRESS 1st Session H. R. 510 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. Harper (for himself and Mrs. McMorris Rodgers) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Individuals with Disabilities Education Act to make improvements to the individualized education program under that Act and facilitate the transition of children with disabilities to adulthood, and for other purposes. 1. Short title This Act may be cited as the Transition toward Excellence, Achievement and Mobility through Education Act of 2013 or TEAM–Education Act of 2013. 2. Findings and purposes (a) Findings Congress finds the following: (1) Evidence-based research has conclusively documented that youth with significant disabilities who were educated in inclusive settings, were exposed to work experience and career exploration, and participated in a paid work experience while in school had better postsecondary outcomes and higher rates of sustainable employment. (2) Higher rates of self-determination, in which individuals with significant disabilities and their families have direct control over the decision-making process in order to ensure an appropriate individualized transition strategy, lead to better outcomes. (3) Regulations and processes allowing for flexibility in the blending and braiding of government funds to ensure seamless, collaborative strategies during the transition process lead to better outcomes for individuals with significant disabilities. (4) Agency officials involved directly in the provision of supports and services during a youth’s transition into adulthood and beyond must be provided additional training to become properly prepared to adequately address the individual transition needs of students with significant disabilities. (b) Purposes The purposes of this Act are the following: (1) Create a holistic system across multiple partners focused on successful transition of youth with significant disabilities into adulthood. (2) Create a systemic focus on achieving high expectations for all youth, through equality of opportunity, full participation through self-determination and informed choice, outcomes related to post-secondary options that lead to competitive integrated employment and economic self-sufficiency. (3) Promote innovative strategies to foster academic, professional, and social inclusion, and the solidification of long-term supports and services required to ensure full integration into the community setting. (4) Better define and coordinate specific services related to the effective transition of youth with significant disabilities. (5) Eliminate barriers and promote incentives for multiple stakeholders to collaborate and improve transition opportunities for youth with significant disabilities. 3. Definitions (a) Transition services Section 602(34) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(34)) is amended— (1) in subparagraph (A), by inserting and customized employment after supported employment; (2) in subparagraph (B), by striking and at the end; (3) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following new subparagraphs: (D) includes training in self-advocacy and self-determination activities and the skills needed to participate in making informed choices to prepare and empower the child to advocate and negotiate on the child’s own behalf; and (E) does not include facility-based employment or activity settings, such as sheltered workshops, day habilitation centers, mobile work crews, or enclave work settings. . (b) Other definitions Section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401) is amended by adding at the end the following new paragraphs: (37) Informed choice The term informed choice means a choice-making process that includes the following elements: (A) The provision of adequate information to the child and the child’s parents about the full range of options that are to be considered. (B) Sufficient resources (personnel as well as fiscal) to support the choice made by the child and the child’s parents. (C) Willingness of any provider of services to accept the choice and the reasonable risks associated with the choice. (D) Information on the parameters of the choice and the relevant options being considered in the language and capabilities of the child in the choice-making process. (E) Acknowledgment by the child and all parties involved that the use of public-funds should be focused on choices that foster personal, social, and professional development in integrated settings and lead to outcomes of increased economic self-sufficiency and professional advancement. (38) Integrated employment The term integrated employment means work compensated at the greater of minimum wage or competitive wages with related employment benefits, occurring in a typical work setting where the employee with the disability interacts or has the opportunity to interact continuously with non-disabled co-workers, has an opportunity for advancement and mobility, and is preferably engaged in full-time employment. (39) Self-determination activities The term self-determination activities has the meaning given the term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002). (40) State intellectual and developmental disabilities agency The term State intellectual and developmental disabilities agency means the primary State agency or subdivision with administrative, programmatic, and operational responsibility for the full range of services and supports furnished to individuals with intellectual and developmental disabilities. . 4. State-level activities Section 611(e)(2)(C) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(e)(2)(C)) is amended— (1) by redesignating clauses (vii) through (xi) as clauses (viii) through (xii), respectively; and (2) by inserting after clause (vi) the following new clause: (vii) To enter into contracts with entities that have expertise in the provision of transition services specifically related to assisting children with disabilities in the accomplishment of the transition objectives outlined in the child’s IEP to the extent such objectives relate to the provision of school-based preparatory activities, work-based learning experiences, career preparation, and job experiences in an integrated community setting, other than facility-based employment and activity settings, such as sheltered workshops, day habilitation centers, mobile work crews, and enclave work settings. . 5. State eligibility Section 612(a) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)) is amended by adding at the end the following new paragraph: (26) Plan relating to transition services (A) In general The State has established a plan to ensure that the State educational agency coordinates efforts among the various State agencies involved in the successful transition of youth with disabilities into adulthood, including the State agencies described in subparagraph (B), and to align practices and direct resources toward the effective provision of transition services to address the needs of children with disabilities, including involvement and progress in the general curriculum in the least restrictive environment, academic and school-based preparatory experiences, work and career readiness, youth development and leadership, comprehensive community connections, and family involvement and engagement. (B) State agencies described The State agencies referred to in subparagraph (A) are— (i) the State intellectual and developmental disabilities agency; (ii) the State vocational rehabilitation agency; (iii) the agency responsible for the State medicaid program under title XIX of the Social Security Act; and (iv) the State department of labor or workforce investment board. . 6. Individualized Education Programs (a) Evaluations before change in eligibility Section 614(c)(5)(B)(ii) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(c)(5)(B)(ii)) is amended— (1) by striking the child with a summary and inserting to the child and the child’s parents, not later than 7 days after the child’s eligibility terminates, with— (I) a summary ; (2) by striking the period at the end and inserting ; and; and (3) by adding at the end the following new subclause: (II) a comprehensive record of the child’s work experiences, skills, talents and strengths relevant for discussions with prospective employers, post-secondary education programs, career placement services, and mentors. . (b) Individualized Education Program Section 614(d)(1)(A) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)) is amended— (1) in clause (i)— (A) in subclause (VII), by striking and at the end; (B) in subclause (VIII)— (i) in the matter preceding item (aa)— (I) by striking 16 and inserting 14; and (II) by inserting at a minimum after updated; and (ii) by striking items (bb) and (cc) and inserting the following: (bb) a strategy to address the needs of the child related to academic and school-based preparatory experiences, work and career readiness, youth development and leadership, comprehensive community connections, and family involvement and engagement; and (cc) objectives leading to postsecondary education, sustained integrated employment, economic self-sufficiency, independent living and community participation; ; and (C) by adding at the end the following: (IX) beginning not later than the date on which the first IEP is to be in effect when the child attains the age of 14— (aa) a description of the transition services (including courses of study and work experience) that will be provided to assist the child in reaching the postsecondary goals described in subclause (VIII)(aa); and (bb) a description of the training in self-advocacy, development of self-determination activities, and the skills needed to participate in making informed choices to prepare and empower the child to negotiate and advocate on the child’s own behalf; and (X) beginning not later than 1 year before the child reaches the age of majority under State law, a statement that the child and the child’s parents have been informed of the child’s rights under this title, if any, that will transfer to the child on reaching the age of majority under section 615(m). ; and (2) by adding at the end the following: (iii) Additional rule of construction Nothing in clause (i)(VIII) shall be construed to authorize the use of facility-based employment or activity settings, such as sheltered workshops, day habilitation centers, mobile work crews, or enclave work settings in a child’s IEP. . (c) Individualized Education Program Team Section 614(d)(1)(B) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(B)) is amended— (1) in clause (vi), by striking and at the end; (2) redesignating clause (vii) as clause (viii); and (3) by inserting after clause (vi), as amended by this subsection, the following: (vii) beginning at the age of 14 with respect to a child with a disability who is expected to be eligible to receive adult services under the State medicaid program under title XIX of the Social Security Act (or any services provided under a waiver under such program) or any other adult services provided by the State intellectual and developmental disabilities agency upon reaching the age of majority, a representative of the State intellectual and developmental disabilities agency; and . (d) Development of IEP Section 614(d)(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(3)) is amended— (1) in subparagraph (A)— (A) in clause (iii), by striking and at the end; (B) in clause (iv), by striking the period at the end and inserting ; and; and (C) by adding at the end the following: (v) the transition services necessary to assist the child to attain a postsecondary education, integrated employment, independent living, and community participation. ; and (2) by redesignating subparagraphs (B) through (F) as subparagraphs (C) through (G), respectively; (3) by inserting after subparagraph (A) the following new subparagraph: (B) Preparation for development of IEP for a child in transition years The IEP Team, upon the request of a child who has attained the age of 14, shall— (i) offer a preliminary meeting and advocacy training for the child and child’s parents to support the preparation of the parents in advocating on their child’s behalf during any upcoming IEP team meeting that will be conducted by a certified trainer with specific experience in self-advocacy and family advocacy training; and (ii) ensure that all pertinent information, including school records, educational materials regarding transition services available and background information on any pre-existing partnerships between the local educational agency and any outside providers of transition services or post-secondary education, is sent to the child at least ten days prior to the IEP team meeting. ; and (4) in subparagraph (G) (as redesignated), by striking subparagraph (D) and inserting subparagraph (E). (e) Review and revision of IEP Section 614(d)(4)(A) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(4)(A)) is amended— (1) in clause (i), by striking and at the end; (2) in clause (ii), by striking the period at the end and inserting ; and; and (3) by adding at the end the following: (iii) beginning when the child attains the age of 14, evaluates the progress made in achieving the child’s transition objectives, identifying challenges and opportunities and discussing any additional transition services that need to be secured to optimize the child’s successful completion of transition objectives set forth in the child’s IEP leading to postsecondary education, integrated employment, independent living, and community participation. . 7. Grants for establishment of local coordinators for transition services Section 614 of the Individuals with Disabilities Education Act (20 U.S.C. 1414) is amended by adding at the end the following: (g) Grants for establishment of local coordinators for transition services (1) In general The Secretary is authorized to provide grants to State educational agencies to provide authorization, funding, and support to local educational agencies to establish coordinators to provide transition services to children with disabilities under this part. (2) Activities of coordinators Coordinators established under paragraph (1) shall— (A) manage the development and implementation of the transition services components of an IEP for children with disabilities under this part; and (B) facilitate relationships between children with disabilities and parents of children with disabilities and public and private agencies involved in transition services for children with disabilities under this part. (3) Authorization of appropriations There are authorized to be appropriated to carry out this subsection $50,000,000 for each of the fiscal years 2014 through 2018. . 8. Effective date The amendments made by this Act take effect on the date of the enactment of this Act and apply with respect to fiscal years beginning on or after the date of the enactment of this Act.