FAMILY SUPPORT FOR FAMILIES OF CHILDREN WITH DISABILITIES.

SEC. 315. FAMILY SUPPORT FOR FAMILIES OF CHILDREN WITH DISABILITIES. The Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) is amended by adding at the end the following new part: “PART I— FAMILY SUPPORT “SEC. 701. SHORT TITLE. “This part may be cited as the ‘Families of Children With Disabilities Support Act of 1994’. “SEC. 702. FINDINGS, PURPOSES, AND POLICY. “(a) Findings.— The Congress makes the following findings: “(1) It is in the best interest of our Nation to preserve, strengthen, and maintain the family. “(2) Families are the greatest natural resource available to their children and are the major providers of support, care, and training of their children. “(3) Families of children with disabilities enrich the lives of all citizens through the contributions of such families to the economic, health, and social fabric of their community, State, and Nation. “(4) A growing number of families are searching for ways to empower themselves to raise their children with disabilities at home and in their communities. Supporting such families to enable them to care for their children with disabilities at home is efficient and can be cost-effective. “(5) Children, including children with disabilities, benefit from enduring family relationships in a nurturing home environment. “(6) Many families experience exceptionally high financial outlays and significant physical and emotional challenges in meeting the special needs of their children with disabilities. “(7) There are financial disincentives for families to care for their children with disabilities at home. “(8) Most families of children with disabilities do not have access to family-centered and family-directed services to support such families in their efforts to care for their children with disabilities at home. “(9) There is a need in each State for a comprehensive, coordinated, interagency system of family support for families of children with disabilities that is family-centered and family-directed, is easily accessible, avoids duplication, uses existing resources more efficiently, and prevents gaps in services to families in all areas of the State. 108 STAT. 3938 “(10) The goals of the Nation properly include the goal of providing families of children with disabilities the family support necessary to accomplish the following: “(A) To support the family. “(B) To enable families of children with disabilities to nurture and enjoy their children at home. “(C) To enable families of children with disabilities to make informed choices and decisions regarding the nature of services, supports, and resources made available to such families. “(b) Purposes.— The purposes of this part are as follows: “(1) To provide financial assistance to the States to support systems change activities designed to assist each State to develop and implement, or expand and enhance, a family-centered and family-directed, culturally competent, community centered, comprehensive, statewide system of family support for families of children with disabilities that is designed to— “(A) ensure the full participation, choice and control of families of children with disabilities in decisions related to the provision of such family support for their family; “(B) ensure the active involvement of families of children with disabilities in the planning, development, implementation, and evaluation of such a statewide system; “(C) increase the availability of, funding for, access to, and provision of family support for families of children with disabilities; “(D) promote training activities that are family-centered and family-directed and that enhance the ability of family members of children with disabilities to increase participation, choice, and control in the provision of family support for families of children with disabilities; “(E) increase and promote interagency coordination among State agencies, and between State agencies and private entities that are involved in carrying out activities under section 708; and “(F) increase the awareness of laws, regulations, policies, practices, procedures, and organizational structures, which facilitate or impede the availability or provision of family support for families of children with disabilities. “(2) To enhance the ability of the Federal Government— “(A) identify Federal policies that facilitate or impede family support for families of children with disabilities, and that are consistent with the principles in subsection (c); “(B) provide States with technical assistance and information relating to the provision of family support for families of children with disabilities; “(C) conduct an evaluation of the program of grants to States; and “(D) provide funding for model demonstration and innovation projects. “(c) Policy.— It is the policy of the United States that all programs, projects, and activities receiving assistance under this part shall be family-centered and family-directed and shall be carried out in a manner consistent with the following principles: 108 STAT. 3939 “(1) Family support for families of children with disabilities must focus on the needs of the entire family. “(2) Families of children with disabilities should be supported in determining their needs and in making decisions concerning necessary, desirable, and appropriate services. “(3) Families should play decisionmaking roles in policies and programs that affect the lives of such families. “(4) Family needs change over time and family support for families of children with disabilities must offer options that are flexible and responsive to the unique needs and strengths and cultural values of individual families. “(5) Family support for families of children with disabilities is proactive and not solely in response to a crisis. “(6) Families must be supported in their efforts to promote the integration and inclusion of their children with disabilities into all aspects of community life. “(7) Family support for families of children with disabilities should promote the use of existing social networks, strengthen natural sources of support, and help build connections to existing community resources and services. “(8) Youth with disabilities should be involved in decisionmaking about their own lives, consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities of each such youth. “(9) Services and supports must be provided in a manner that demonstrates respect for individual dignity, personal responsibility, self-determination, personal preferences, and cultural differences of families. “(d) Rule of Construction.— Nothing in this part shall be construed to prevent families from choosing an out-of-home placement for their children with disabilities, including institutional placement for such children. “SEC. 703. DEFINITIONS. “For the purposes of this part, only the following definitions shall apply: “(1) Child with a disability.— The term ‘child with a disability’ means an individual who from birth through 21 years of age meets the definition of disability under paragraph (4). “(2) Council.— The term ‘Council’ means an existing Council, or a new Council, which is considered as a State Policy Council for Families of Children with Disabilities under section 707. “(3) Culturally competent.— The term ‘culturally competent’ means services, supports, or other assistance that is conducted or provided in a manner that— “(A) is responsive to the beliefs, interpersonal styles, attitudes, language, and behaviors of those individuals receiving services; and “(B) has the greatest likelihood of ensuring maximum participation of such individuals. “(4) Disability.— The term ‘disability’ means— “(A) in the case of an individual 6 years of age or older, a significant physical or mental impairment as defined pursuant to State policy to the extent that such108 STAT. 3940 policy is established without regard to type of disability; and “(B) in the case of infants and young children, birth to age 5, inclusive, a substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in a disability if services are not provided. “(5) Existing council.— The term ‘existing Council’ means an entity or a committee of an entity that— “(A) is established by a State prior to the date on which the State submits an application for funding under this part; “(B) has authority to advise the State with respect to family support for families of children with disabilities; and “(C) may have the authority to carry out other responsibilities and duties. “(6) Family.— The term ‘family’ means a group of interdependent persons residing in the same household that consists of a child with a disability and one or more of the following: “(A) A mother, father, brother, sister or any combination. “(B) Extended blood relatives, such as a grandparent, aunt, or uncle. “(C) An adoptive parent. “(D) One or more persons to whom legal custody of a child with a disability has been given by a court. “(E) A person providing short-term foster care that includes a family reunification plan with the biological family. “(F) A person providing long-term foster care for a child with a disability. The term does not include employees who, acting in their paid employment capacity, provide services to children with disabilities in out-of-home settings such as hospitals, nursing homes, personal care homes, board and care homes, group homes, or other facilities. “(7) Family-centered and family-directed.— The term ‘family-centered and family-directed’ means, with respect to a service or program, that the service or program— “(A) facilitates the full participation, choice, and control by families of children with disabilities in— “(i) decisions relating to the supports that will meet the priorities of the family; and “(ii) the planning, development, implementation, and evaluation of the statewide system of family support for families of children with disabilities; “(B) responds to the needs of the entire family of a child with a disability in a timely and appropriate manner; and “(C) is easily accessible to and usable by families of children with disabilities. “(8) Family satisfaction.— The term ‘family satisfaction’ means the extent to which a service or support meets a need, solves a problem, or adds value for a family, as determined by the individual family. 108 STAT. 3941 “(9) Family support for families of children with disabilities.— The term ‘Family support for families of children with disabilities’— “(A) means supports, resources, services, and other assistance provided to families of children with disabilities that are designed to— “(i) support families in the efforts of such families to raise their children with disabilities in the family home; “(ii) strengthen the role of the family as primary caregiver; “(iii) prevent inappropriate and unwanted out-of-the-home placement and maintain family unity; and “(iv) reunite families with children with disabilities who have been placed out of the home, whenever possible; and “(B) includes— “(i) service coordination that includes individualized planning and brokering for services with families in control of decisionmaking; “(ii) goods and services, which may include specialized diagnosis and evaluation, adaptive equipment, respite care (in and out of the home), personal assistance services, homemaker or chore services, behavioral supports, assistive technology services and devices, permanency or future planning, home and vehicle modifications and repairs, equipment and consumable supplies, transportation, specialized nutrition and clothing, counseling services and mental health services for family members, family education or training services, communication services, crisis intervention, day care and child care for a child with a disability, supports and services for integrated and inclusive community activities, parent or family member support groups, peer support, sitter service or companion service, and education aids; and “(iii) financial assistance, which may include discretionary cash subsidies, allowances, voucher or reimbursement systems, low-interest loans, or lines of credit. “(10) Integration and inclusion.— The term ’integration and inclusion’ with respect to children with disabilities and their families means— “(A) the use of the same community resources that are used by and available to other individuals and families; “(B) the full and active participation in the same community activities and utilization of the same community resources as individuals without disabilities, living, learning, working, and enjoying life in regular contact with individuals without disabilities; and “(C) having friendships and relationships with individuals and families of their own choosing. “(11) Lead entity.— The term ‘lead entity’ means an office or entity described in section 706. “(12) New council.— The term ‘new Council’ means a council that is established by a State, and considered as the State108 STAT. 3942 Policy Council for Families of Children with Disabilities, under section 707(a). “(13) Secretary.— The term ‘Secretary’ means the Secretary of Health and Human Services. “(14) Service coordination.— The term ‘service coordination’— “(A) means those family-centered and family-directed activities that assist and enable families to receive rights and procedural safeguards and to gain access to social, medical, legal, educational, and other supports and services; and “(B) includes— “(i) follow-along services that assure, through a continuing relationship between a family of a child with a disability and an individual or entity, that the changing needs of the child and family are recognized and appropriately met; “(ii) the coordination and monitoring of services provided to children with disabilities and their families; “(iii) the provision of information to children with disabilities and their families about the availability of services and assistance to such children and their families in obtaining appropriate services; and “(iv) the facilitation and organization of existing social networks, and natural sources of support, and community resources and services. “(15) Statewide system of family support.— The term ‘statewide system of family support for families of children with disabilities’ means a family-centered and family-directed, culturally competent, community-centered, comprehensive, statewide system of family support for families of children with disabilities developed and implemented by a State under this part that— “(A) addresses the needs of all families of children with disabilities, including unserved and underserved populations; and “(B) addresses such needs without regard to the age, type of disability, race, ethnicity, or gender of such children or the particular major life activity for which such children need the assistance. “(16) Systems change activities.— The term ‘systems change activities’ means efforts that result in laws, regulations, policies, practices, or organizational structures— “(A) that are family-centered and family-directed; “(B) that facilitate and increase access to, provision of, and funding for, family support services for families of children with disabilities; and “(C) that otherwise accomplish the purposes of this part. “(17) Unserved and underserved populations.— The term ‘unserved and underserved populations’ includes populations such as individuals from racial and ethnic minority backgrounds, economically disadvantaged individuals, individuals with limited-English proficiency, individuals from underserved geographic areas (rural or urban), and specific groups of individuals within the population of individuals with disabilities, including individuals with disabilities attributable to108 STAT. 3943 physical impairment, mental impairment, or a combination of physical and mental impairments. “SEC. 704. GRANTS TO STATES. “(a) In General.— The Secretary shall make grants to States on a competitive basis, in accordance with the provisions of this part, to support systems change activities designed to assist States to develop and implement, or expand and enhance, a statewide system of family support for families of children with disabilities that accomplishes the purposes described in section 702. “(b) Award Period and Grant Limitation.— No grant shall be awarded for a period greater than 3 years. A State shall be eligible for not more than one grant. “(c) Amount of Grants.— “(1) Grants to states.— “(A) Federal matching share.— From amounts appropriated under section 716(a), the Secretary shall pay to each State that has an application approved under section 705, for each year of the grant period, an amount that is— “(i) equal to 75 percent of the cost of the systems change activities to be carried out by the State; and “(ii) not less than $200,000 and not more than $500,000. “(B) Non-Federal Share.— The non-Federal share of payments under this paragraph may be in cash or in kind fairly evaluated, including planned equipment or services. “(2) Grants to territories.— From amounts appropriated under section 716(a) for any fiscal year, the Secretary shall pay to each territory that has an application approved under section 705 not more than $100,000. “(3) Calculation of amounts.— The Secretary shall calculate a grant amount described in paragraph (1) or (2) on the basis of the following: “(A) The amounts available for making grants under this section. “(B) The child population of the State or territory concerned. “(4) Definitions.— As used in this subsection: “(A) State.— The term ‘State’ means each of the 50 States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. “(B) Territory.— The term ‘territory’ means the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Republic of Palau (upon the entry into force and effect of the Compact of Free Association between the United States and the Republic of Palau). “(d) Priority for Previously Participating States.— Amounts appropriated for purposes of carrying out the provisions of this section in each of the 2 fiscal years succeeding the fiscal year in which amounts are first appropriated for such purposes shall first be made available to a State that— “(1) received a grant under this section during the fiscal year preceding the fiscal year concerned; and “(2) is making significant progress in accordance with section 710. 108 STAT. 3944 “(e) Priorities for Distribution.— To the extent practicable, the Secretary shall award grants to States under this section in a manner that— “(1) is geographically equitable; and “(2) distributes the grants among States that have differing levels of development of statewide systems of family support for families of children with disabilities. “SEC. 705. APPLICATION. “A State that desires to receive a grant under this part shall submit an application to the Secretary that contains the following information and assurances: “(1) Family-centered and family-directed approach.— An assurance that the State will use funds made available under this part to accomplish the purposes described in section 702 and the goals, objectives, and family-centered outcomes described in section 709(b) by carrying out systems change activities in partnership with families and in a manner that is family-centered and family-directed. “(2) Designation of the lead entity.—Information identifying the lead entity, and evidence documenting the abilities of such entity. “(3) State policy council for families of children with disabilities.— An assurance of the following: “(A) The State has designated or established Council that meets the criteria set forth in section 707. “(B) The lead entity will seek and consider on a regular and ongoing basis advice from the Council regarding the development and implementation of the strategic plan under section 709, and other policies and procedures of general applicability pertaining to the provision of family support for families of children with disabilities in the State. “(C) The lead entity will include, in its annual progress reports, a summary of advice provided by the Council, including recommendations from the annual report of the Council and the response of the lead entity to such advice and recommendations. “(D) The lead entity will transmit to the Council any other plans, reports, and other information required under this part. “(4) Family involvement.— A description of the following: “(A) The nature and extent of the involvement of families of children with disabilities and individuals with disabilities in the development of the application. “(B) Strategies for actively involving families of children with disabilities and individuals with disabilities in the development, implementation, and evaluation of the statewide system of family support for families of children with disabilities. “(C) Strategies and special outreach activities that will be undertaken to ensure the active involvement of families of children with disabilities who are members of unserved and underserved populations. “(D) Strategies for actively involving families of children with disabilities who use family support services in decisions relating to such services. 108 STAT. 3945 “(5) Agency involvement.— A description of the nature and extent of involvement of various State agencies or units within State agencies in the preparation of the application and the continuing role of each agency in the statewide system of family support for families of children with disabilities. “(6) State resources.— A description of the State resources and other resources that are available to commit to the statewide system of family support for families of children with disabilities. “(7) Unmet needs.— A description of unmet needs for family support for families of children with disabilities within the State. “(8) Preliminary plan.— A preliminary plan that contains information on the program to be carried out under the grant with respect to the goals and objectives of the State for the program and the activities that the State plans to carry out under the program (including the process for appointing individuals to the Council) and that is consistent with the purposes of this part. “(9) Activities.— An assurance that, except for the first year of the grant, the State shall expend not less than 65 percent of the funds made available to a State under this part for grants and contracts to conduct the activities described in section 708. “(10) Limit on administrative costs.— An assurance that the lead entity that receives funding under this part in any fiscal year shall use not more than 5 percent of such funds in such year for administrative expenses. Such administrative expenses shall not include expenses related to the activities of the Council. “(11) Strategic plan.— A description of the measures that will be taken by the State to develop a strategic plan in accordance with section 709. “(12) Evaluation.— An assurance that the State will conduct an annual evaluation of the statewide system of family support for families of children with disabilities in accordance with section 710. “(13) Coordination with state and local councils.— An assurance that the lead entity will coordinate the activities funded through a grant made under this part with the activities carried out by other relevant councils within the State. “(14) Supplement other funds.— An assurance, with respect to amounts received under a grant, of the following: “(A) Such grant will be used to supplement and not supplant amounts available from other sources that are expended for programs of family support for families of children with disabilities, including the provision of family support. “(B) Such grant will not be used to pay a financial obligation for family support for families of children with disabilities that would have been paid with amounts available from other sources if amounts under such grant had not been available. “(15) Other information and assurances.— Such other information and assurances as the Secretary may reasonably require. 108 STAT. 3946 “SEC. 706. DESIGNATION OF THE LEAD ENTITY. “(a) Designation.— The Chief Executive Officer of a State that desires to receive a grant under section 704, shall designate the office or entity (referred to in this part as the “lead entity”) responsible for— “(1) submitting the application under section 705 on behalf of the State; “(2) administering and supervising the use of the amounts made available under the grant; “(3) coordinating efforts related to and supervising the preparation of the application; “(4) coordinating the planning, development, implementation (or expansion and enhancement), and evaluation of a statewide system of family support services for families of children with disabilities among public agencies and between public agencies and private agencies, including coordinating efforts related to entering into interagency agreements; and “(5) coordinating efforts related to the meaningful participation by families in activities carried out under a grant awarded under this part. “(b) Qualifications.— In designating the lead entity, the Chief Executive Officer may designate— “(1) an office of the Chief Executive Officer; “(2) a commission appointed by the Chief Executive Officer; “(3) a public agency; “(4) a council established under Federal or State law; or “(5) another appropriate office, agency, or entity. “(c) Capabilities of the Lead Entity.— The State shall provide, in accordance with the requirements of section 705, evidence that the lead entity has the capacity— “(1) to promote a statewide system of family support for families of children with disabilities throughout the State; “(2) to promote and implement systems change activities; “(3) to maximize access to public and private funds for family support services for families of children with disabilities; “(4) to implement effective strategies for capacity building, family and professional training, and access to and funding for family support services for families of children with disabilities across agencies; “(5) to promote and facilitate the implementation of family support services for families of children with disabilities that are family-centered and family-directed, and flexible, and that provide families with the greatest possible decisionmaking authority and control regarding the nature and use of services and supports; “(6) to promote leadership by families in planning, policy development, implementation, and evaluation of family support services for families of children with disabilities, and parent professional partnerships; and “(7) to promote and develop interagency coordination and collaboration. “SEC. 707. STATE POLICY COUNCIL FOR FAMILY SUPPORT FOR FAMILIES OF CHILDREN WITH DISABILITIES. “(a) Designation or Establishment.— A State that desires to receive financial assistance under this part shall, prior to the receipt of funds under this part, designate an existing Council,108 STAT. 3947 or establish a new Council, to be considered as a State Policy Council for Families of Children with Disabilities. “(b) Use of Existing Council.— “(1) In general.— To the extent that a State has an existing Council, the existing Council shall be considered in compliance with this section if the existing Council meets the requirements under paragraph (2). “(2) Requirements.— An existing Council shall— “(A) include a majority of members who are family members of children with disabilities and who are children with disabilities (from age 18 to 21); “(B) in the case in which the existing Council does not represent the full range of families and individuals described in subsection (d)(1), adopt strategies that will ensure the full participation of such families and individuals in all activities carried out by the Council; and “(C) carry out functions and authorities that are comparable to the functions and authorities described in subsections (e) through (h). “(3) Documentation of compliance.— Any State that has an existing Council shall include in a grant application submitted under section 705 and in subsequent annual progress reports submitted to the Secretary under section 710, a description of the measures that are being taken or that are planned, to ensure that the existing Council of the State complies with this section. “(c) Appointments to New Council.— “(1) Members.— To the extent that a State establishes a new Council, members of the new Council shall be appointed by the Chief Executive Officer of the State or the appropriate official within the State responsible for making appointments in accordance with subsection (d). The appointing authority shall select members after soliciting recommendations from the State Developmental Disabilities Council, parent or family organizations, and other organizations representing the full range of disabilities covered under this part. The appointing authority shall ensure that the membership of the new Council reasonably represents the population of the State and shall establish guidelines for the terms of the members of the new Council. “(2) Chairperson.— The new Council shall elect a member of the new Council to serve as the Chairperson of the new Council. The Chairperson shall be a family member, as described in subsection (d)(1) “(d) Composition.— The new Council shall be composed of— “(1) a majority of members who are— “(A) individuals who are family members of children with disabilities, are eligible for family support, and represent the diversity of families within the State, including those families from unserved and underserved populations; and “(B) children with disabilities, from age 18 to 21, and are representative of the demographics of the State; “(2) members— “(A) who are from State agencies with significant responsibility for the provision of, or payment for, family support services to families of children with disabilities,108 STAT. 3948 and who have sufficient authority to engage in policy planning and implementation on behalf of such agencies; and “(B) who are from the office of the Chief Executive Officer of the State with responsibility with respect to budget and finance; and “(3) such additional members as the appointing authority considers appropriate. “(e) Functions.— The new Council shall— “(1) establish formal policies regarding the operation of the new Council; “(2) advise and assist the lead entity in the performance of responsibilities described in section 706(a), particularly the promotion of interagency agreements and the promotion of meaningful participation by families in all aspects of the statewide system of family support for families of children with disabilities; “(3) advise and assist State agencies in the development of policies and procedures relating to the provision of family support for families of children with disabilities in the State; “(4) advise and assist the lead entity in the development of all aspects of a strategic plan under section 709, including— “(A) the mission, purpose, and principles of the statewide system of family support for families of children with disabilities; “(B) the statement of family-centered outcomes; “(C) the goals, objectives, and activities; “(D) the quality improvement or quality enhancement system; “(E) the appeals process; “(F) the eligibility criteria to be used for all programs, projects, and activities carried out under this part; “(G) the analysis of the extent to which family support for families of children with disabilities is defined as a benefit and not as income; and “(H) the approach to the evaluation of the statewide system of family support for families of children with disabilities; “(5) advise and assist the lead entity in the implementation of systems change activities; “(6) advise and assist the lead entity in assessing family satisfaction with the statewide system of family support for families of children with disabilities; “(7) review, analyze, and comment on the strategic plan and updates to the plan, progress reports, and annual budgets; “(8) advise and assist the lead entity in the identification of Federal and State barriers that impede the development of a statewide system of family support for families of children with disabilities; and “(9) prepare and submit to the Chief Executive Officer of the State, the State legislature, and to the Secretary an annual report on the status of family support services for families of children with disabilities, and make such report available to the public. “(f) Hearings and Forums.— The new Council is authorized to hold such hearings and forums as the new Council may determine to be necessary to carry out the duties of the new Council. 108 STAT. 3949 “(g) Conflict of Interest.— No member of the new Council shall cast a vote on any matter that would provide direct financial benefit to such member or otherwise give the appearance of a conflict of interest under applicable State law. “(h) Compensation and Expenses.— The new Council may, consistent with State law, use such resources to reimburse members of the new Council for reasonable and necessary expenses of attending the new Council meetings and performing Council duties (including child care and personal assistance services), and to pay compensation to a member of the new Council, if such member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing Council duties. “SEC. 708. AUTHORIZED ACTIVITIES. “(a) In General.— A State that receives a grant under section 704 may use the funds made available through the grant to carry out systems change activities, which accomplish the purposes described in section 702, such as the following activities: “(1) Training and technical assistance.— The State may support training and technical assistance activities for family members, service providers, community members, professionals, members of the Council, students and others that will do the following: “(A) Increase family participation, choice, and control in the provision of family support for families of children with disabilities. “(B) Promote partnerships with families of children with disabilities at all levels of the service system. “(C) Develop or strengthen family-centered and family-directed approaches to services, including service coordination services, service planning services, and respite care services. “(D) Assist families of children with disabilities in accessing natural and community supports and in obtaining benefits and services. “(2) Interagency coordination.— The State may support activities that conduct the following: “(A) Identification and coordination of Federal and State policies, resources, and services, relating to the provision of family support services for families of children with disabilities, including entering into interagency agreements. “(B) Interagency work groups to enhance public funding options and coordinate access to funding for family support services for families of children with disabilities, with special attention to the issues of family involvement in the identification, planning, use, delivery, and evaluation of such services. “(C) Documentation and dissemination of information about interagency activities that promote coordination with respect to family support services for families of children with disabilities, including evidence of increased participation of State and local health, maternal and child health, social service, mental health, mental retardation and developmental disabilities, child protection, education, early intervention, developmental disabilities councils, agencies, and departments. 108 STAT. 3950 “(3) Local or regional councils.— The State may support the development or enhancement of local or regional councils to review the status of family support for families of children with disabilities in the local or regional area, to advise and assist with the planning, development, implementation, and evaluation of family support for families of children with disabilities in such local or regional area, and to provide recommendations to the State regarding improvements and plans. “(4) Outreach.— The State may conduct outreach activities to locate families who are eligible for family support for families of children with disabilities and to identify groups who are unserved or underserved. Such activities may involve the creation or maintenance of, support of, or provision of, assistance to statewide and community parent organizations, and organizations that provide family support to families of children with disabilities. “(5) Policy studies.— The State may support policy studies that relate to the development and implementation, or expansion and enhancement, of a statewide system of family support for families of children with disabilities. Such studies may address issues regarding eligibility and access to services. “(6) Hearings and forums.— The State may conduct hearings and forums to solicit input from families of children with disabilities regarding family support programs, policies, and plans for such families. Such hearings and forums may be conducted in collaboration with other statewide councils. “(7) Public awareness and education.— The State may develop and disseminate information relating to family support for families of children with disabilities designed to provide information to such families, parent groups and organizations, public and private agencies that are in contact with children with disabilities and families of such children, students, policymakers, and the public. Such information may relate to the nature, cost, and availability of, and accessibility to, family support for families of children with disabilities, the impact of family support for families of children with disabilities on other benefits, and the efficacy of family support for families of children with disabilities with respect to enhancing the quality of family life. “(8) Needs assessment.— The State may conduct a needs assessment, which may, in part, be based on existing State data. “(9) Program data.— The State may support the compilation and evaluation of appropriate data related to the statewide system of family support for families of children with disabilities. “(10) Pilot demonstration projects.— The State may support pilot demonstration projects to demonstrate new approaches to the provision of family support for families of children with disabilities. Such projects may include the demonstration of family-centered and family-directed service coordination, approaches to improve access to services, including independent service coordination, peer support networks, and voucher programs. “(11) Other activities.— The State may support other systems change activities that accomplish the purposes described in section 702. 108 STAT. 3951 “(b) Special Rule.— In carrying out activities authorized under this part, a State shall ensure that such programs and activities address the needs of families who are economically disadvantaged. “SEC. 709. STRATEGIC PLAN. “(a) In General.— Not later than 6 months after the date on which assistance is received by a State under this part, the lead entity of the State, in conjunction with the Council, shall prepare and submit to the Secretary a strategic plan designed to achieve the purposes and policy of this part. “(b) Contents.— The strategic plan shall include— “(1) a statement of the mission, purpose, and principles of the statewide system of family support for families of children with disabilities in the State; “(2) a statement of family-centered outcomes to be achieved by the statewide system of family support for families of children with disabilities; “(3) specific goals and objectives for developing and implementing, or expanding and improving, the system for providing family support services for families of children with disabilities, and for achieving the family-centered outcomes; “(4) systemic approaches for accomplishing the objectives and achieving the family-centered outcomes, including interagency coordination and cooperation, that builds upon state-of-the-art practices and research findings; “(5) a description of the specific programs, projects, and activities funded under this part and the manner in which the programs, projects, and activities accomplish the objectives and achieve the family-centered outcomes; “(6) a description of an ongoing quality improvement or quality enhancement system, which utilizes information from ongoing measurements of the extent to which family-centered outcomes are achieved, to improve the system; “(7) a description of an appeals process that will be used in resolving any disputes families of children with disabilities may have regarding the determination of eligibility or the provision of family support services to the family or to the child with a disability; “(8) a description of the eligibility criteria to be used to carry out programs, projects, and activities under this part that includes all eligible families; “(9) an analysis of the extent to which family support for a family of a child with a disability is defined as a benefit and not as income; and “(10) a description of the plan to conduct an annual evaluation of the statewide system of family support for families of children with disabilities, in conjunction with the Council, to improve such statewide system and to document progress as required by section 710. “(c) Period and Updates.— The strategic plan shall cover the period of the grant and shall be reviewed and updated on an annual basis to reflect actual experience and family satisfaction information over the preceding year and input from the Council, families of children with disabilities, and other interested parties. “(d) Recommendations.— Prior to developing the strategic plan, the State shall solicit input and recommendations from interested members of the public, either by holding public hearings or through108 STAT. 3952 an alternative method or methods determined by the lead entity in consultation with the Council. The lead entity shall also obtain the comments and recommendations of the Council. The lead entity, in conjunction with the Council, shall consider the recommendations and attempt to reach a consensus with respect to such recommendations. If the lead entity and the Council are unable to reach a consensus, the lead entity shall include a written explanation of the reason a consensus was not reached in the strategic plan. “(e) Comment.—The State shall develop a procedure for ensuring ongoing comment from the Council. “(f) Dissemination.— The State shall widely disseminate the strategic plan to families of children with disabilities, parent organizations, and other interested persons. “(g) Construction.— Nothing in this section shall be construed to prevent a State from using an existing statewide strategic plan or parts thereof to meet the requirements of this section as long as such plan or the applicable parts thereof are comparable to the specifications of this section. “SEC. 710. PROGRESS CRITERIA AND REPORTS. “(a) Guidelines.— The Secretary shall develop guidelines to be used in assessing the extent to which a State that received a grant under section 704 is making significant progress in developing and implementing, or expanding and enhancing, a statewide system of family support for families of children with disabilities consistent with the purposes of this part. “(b) Progress Reports.— A State that receives a grant under section 704 shall submit annually to the Secretary a report that documents progress in developing and implementing, or expanding and enhancing, a statewide system of family support for families of children with disabilities consistent with this part. Such report shall include— “(1) the results of the annual evaluation of the statewide system of family support for families of children with disabilities; “(2) a description of the unanticipated problems with the achievement of the goals, objectives, and family-centered outcomes described in the application or strategic plan and the measures the State has taken to rectify such problems; “(3) for the annual progress report concerning the first year of the grant period, the strategic plan developed by the State during the first year; and “(4) for the annual progress report concerning subsequent years of the grant period, the updated strategic plan. “SEC. 711. ADMINISTRATIVE PROVISIONS. “(a) Evaluation of Grant Applications.— “(1) Panels.— The Secretary shall convene panels of experts who are competent, by virtue of their training or experience, to evaluate grant applications under this part. “(2) Composition of panels.— Panels shall be composed of a majority of family members of children with disabilities and individuals with disabilities, and may include service providers, State administrative personnel, and professionals. Panels shall include a majority of individuals who are not Federal employees. “(3) Expenses and fees of the panel.— A member of the Panel who is not a Federal employee shall receive travel,108 STAT. 3953 per diem and consultant fees not to exceed the rate provided to other consultants used by the Secretary. The Secretary may use funds available under section 716 to pay expenses and fees of a member of a Panel who is not a Federal employee. “(b) Provision of Information.— To assist the Secretary in carrying out the responsibilities of the Secretary under this section, the Secretary may require States to provide relevant information, including recommendations and relevant reports of the Council. “(c) Appeals.— The Secretary shall establish appeals procedures for States that are found in noncompliance with the provisions of this part as the result of failure to supply information required under section 705 or 710. The Secretary shall take into consideration the comments of the Council. “(d) Effect on Other Assistance.—This part may not be construed as authorizing a Federal or State agency to reduce medical or other assistance available, or to alter eligibility, under any Federal law. “(e) Unobligated Funds.— Any amount paid to a State for a fiscal year and remaining unobligated at the end of such year shall remain available to such State for the next fiscal year for the purposes for which such amount was paid. “SEC. 712. TECHNICAL ASSISTANCE. “(a) In General.— The Secretary shall make grants, or enter into contracts or cooperative agreements, with appropriate public or private agencies and organizations, including institutions of higher education, with documented experience, expertise, and capacity, for the purpose of providing technical assistance and information with respect to the development and implementation, or expansion and enhancement, of a statewide system of family support for families of children with disabilities. “(b) Purpose.— With respect to States receiving assistance under this part, the technical assistance and information described under subsection (a) shall be provided to the State agency designated as the lead entity, the Council, family members of children with disabilities, organizations, service providers, and policymakers involved with children with disabilities and their families. Such technical assistance shall also be available to States that do not receive assistance under this part. Such technical assistance and information shall— “(1) facilitate effective systems change activities; “(2) promote effective approaches to the development and implementation, or expansion and enhancement of, the statewide systems of family support for families of children with disabilities that increase access to, funding for, and awareness of family support for families of children with disabilities; “(3) promote partnerships with families at all levels of the service system; “(4) foster awareness and understanding of Federal, State, and local laws, regulations, policies, practices, procedures, and organizational structures, that facilitate, and overcome barriers to, funding for, and access to family support for families of children with disabilities; “(5) foster the development and replication of effective approaches to strategic plan development, interagency coordination, training, outreach to underserved groups, and public awareness activities; 108 STAT. 3954 “(6) facilitate service delivery capacity, training, and the improvement of data collection and evaluation systems; “(7) promote effective approaches to the development of family-centered and family-directed services, including approaches to the development and measurement of family centered outcomes described in section 709(b)(2), and the assessment of family satisfaction; and “(8) coordinate and facilitate an annual meeting of the chairpersons of the Councils. “(c) Request for Technical Assistance.— A request for technical assistance by a lead entity in a State receiving assistance under this part shall be made in conjunction with the Council. “(d) Reports to the Secretary.— An entity providing the technical assistance under this section shall submit periodic reports to the Secretary regarding Federal policies and procedures identified within the States that facilitate or impede the delivery of family support to families of children with disabilities. The report shall include recommendations to the Secretary regarding the delivery of services, coordination with other programs, and integration of the policies and principles described in section 702 in other Federal legislation. “SEC. 713. EVALUATION. “(a) In General.— The Secretary shall make grants, or enter into contracts or cooperative agreements, with appropriate public or private agencies and organizations, including institutions of higher education, with documented experience, expertise, and capacity for the purpose of conducting a national evaluation of the program of grants to States authorized by this part. “(b) Purpose.— The purpose of an evaluation under subsection (a) shall be to assess the status and effects of State efforts to develop and implement, or expand and enhance, statewide systems of family support for families of children with disabilities in a manner consistent with the provisions of this part, particularly in terms of the impact of such efforts on families of children with disabilities, and to recommend amendments to this part that are necessary to assist States to fully accomplish the purposes of this part. The Secretary or recipient of assistance under this section shall work with the States to consider and develop an information system designed to report and compile, from information provided by the States, including the Council, a qualitative and quantitative description of the impact of the program of grants to States authorized by this part on— “(1) families of children with disabilities, including families from ethnic and racial minority backgrounds; “(2) access to and funding for family support for families of children with disabilities; and “(3) the involvement of families at all levels of the service system. “(c) Report to Congress.— Not later than 2½ years after the date of enactment of this part, the Secretary shall prepare and submit to the appropriate committees of Congress a report concerning the results of the evaluation conducted under this section. “(d) Conflict of Interest.— The Secretary shall assure that a recipient of a grant, contract, or cooperative agreement under this section is independent from, and free from, any financial or108 STAT. 3955 personal relationships with the recipient of a grant, contract, or cooperative agreement selected to provide technical assistance under section 712. “SEC. 714. PROJECTS OF NATIONAL SIGNIFICANCE. “(a) Study by the Secretary.— The Secretary shall review Federal programs to determine the extent to which such programs facilitate or impede access to, provision of, and funding for family support for families of children with disabilities, consistent with the policies described in section 702. “(b) Demonstration and Innovation Projects.— The Secretary shall make grants or enter into contracts for projects of national significance to support the development of national and State policies and practices related to the development and implementation, or expansion and enhancement, of family-centered and family-directed systems of family support for families of children with disabilities. “SEC. 715. CONSTRUCTION. “Notwithstanding any other provision of this title, nothing in parts A through H of this title shall be construed to apply to this part. “SEC. 716 AUTHORIZATION OF APPROPRIATIONS. “(a) In General.— There are authorized to be appropriated to carry out this part, $10,000,000 for fiscal year 1995, and such sums as may be necessary for each of the fiscal years 1996 and 1997. “(b) Reservation.— “(1) In general.— Except as provided in paragraph (2), the Secretary shall reserve for each fiscal year 10 percent, or $600,000 (whichever is greater), of the amount appropriated pursuant to the authority of subsection (a) to carry out— “(A) section 712, with respect to the provision of technical assistance and information to States; “(B) section 713, with respect to the conduct of the evaluations; “(C) section 711(a), with respect to the evaluation of grant applications; and “(D) section 714, with respect to the conduct of projects of national significance. “(2) Special rule.— The Secretary shall only use funds reserved under paragraph (1) for a fiscal year to carry out section 714 for such year if the amount of funds reserved under such paragraph for such fiscal year is $700,000 or greater.”