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U.S. Department of Education: Promoting Educational Excellence for all Americans

TITLE III -- MISCELLANEOUS PROVISIONS

SEC. 301. AMENDMENT TO CHILDREN'S HEALTH ACT OF 2000.

Section 1004 of the Children's Health Act of 2000 (42 U.S.C. 285g note) is amended--

(1) in subsection (b), by striking ``Agency'' and inserting Agency, and the Department of Education''; and
(2) in subsection (c)--
(A) in paragraph (2), by striking ''and'' after the semicolon;
(B) in paragraph (3), by striking the period at the end and inserting ; and''; and
(C) by adding at the end the following:
(4) be conducted in compliance with section 444 of the General Education Provisions Act (20 U.S.C. 1232g), including the requirement of prior parental consent for the disclosure of any education records, except without the use of authority or exceptions granted to authorized representatives of the Secretary of Education for the evaluation of Federally-supported education programs or in connection with the enforcement of the Federal legal requirements that relate to such programs.''.
SEC. 302. EFFECTIVE DATES.
(a) NOTE: 20 USC 1400 note. Parts A, B, and C, and subpart 1 of part D.--
(1) In general.--Except as provided in paragraph (2), parts A, B, and C, and subpart 1 of part D, of the Individuals with Disabilities Education Act, as amended by title I, shall take effect on July 1, 2005.
(2) Highly qualified definition.--Subparagraph (A), and subparagraphs (C) through (F), of section 602(10) of the Individuals with Disabilities Education Act, as amended by title I, shall take effect on the date of enactment of this Act for purposes of the Elementary and Secondary Education Act of 1965.
(b) Subparts 2, 3, and 4 of part D.--Subparts 2, 3, and 4 of part D of the Individuals with Disabilities Education Act, as amended by title I, shall take effect on the date of enactment of this Act.
(c) NOTE: 20 USC 9567b note. Education Sciences Reform Act of 2002.--
(1) National center for special education research.-- Sections 175, 176, and 177 (other than section 177(c)) of the Education Sciences Reform Act of 2002, as enacted by section 201(a)(2) of this Act, shall take effect on the date of enactment of this Act.
(2) Plan.--Section 177(c) of the Education Sciences Reform Act of 2002, as enacted by section 201(a)(2) of this Act, shall take effect on October 1, 2005.
SEC. 303. NOTE: 20 USC 1400 note. TRANSITION.
(a) Orderly Transition.--
(1) In general.--The Secretary of Education (in this section referred to as the Secretary'') shall take such steps as are necessary to provide for the orderly transition from the Individuals with Disabilities Education Act, as such Act was in effect on the day preceding the date of enactment of this Act, to the Individuals with Disabilities Education Act and part E of the Education Sciences Reform Act of 2002, as amended by this Act.
(2) Limitation.--The Secretary's authority in paragraph (1) shall terminate 1 year after the date of enactment of this Act.
(b) Multi-year Awards.--Notwithstanding any other provision of law, the Secretary may use funds appropriated under part D of the Individuals with Disabilities Education Act to make continuation awards for projects that were funded under section 618, and part D, of the Individuals with Disabilities Education Act (as such section and part were in effect on September 30, 2004), in accordance with the terms of the original awards.
(c) Research.--Notwithstanding section 302(b) or any other provision of law, the Secretary may award funds that are appropriated under the Department of Education Appropriations Act, 2005 for special education research under either of the headings Special Education'' or Institute of Education Sciences'' in accordance with sections 672 and 674 of the Individuals with Disabilities Education Act, as such sections were in effect on October 1, 2004.
SEC. 304. REPEALER.

Section 644 of the NOTE: 20 USC 1444. Individuals with Disabilities Education Act, as such section was in effect on the day before the enactment of this Act, is repealed.

SEC. 305. IDEA TECHNICAL AMENDMENTS TO OTHER LAWS.
(a) Title 10.--Section 2164(f) of title 10, United States Code is amended--
(1) in paragraph (1)(B)--
(A) by striking infants and toddlers'' each place the term appears and inserting infants or toddlers'';
(B) by striking part H'' and inserting part C''; and
(C) by striking 1471'' and inserting 1431''; and
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking 602(a)(1)'' and inserting 602''; and
(ii) by striking 1401(a)(1)'' and inserting 1401'';
(B) by striking subparagraph (B);
(C) by redesignating subparagraph (C) as subparagraph (B); and
(D) in subparagraph (B) (as so redesignated)--
(i) by striking and toddlers'' and inserting or toddlers'';
(ii) by striking 672(1)'' and inserting 632''; and
(iii) by striking 1472(1)'' and inserting 1432''.
(b) Defense Dependents Education Act of 1978.--Section 1409(c)(2) of the Defense Dependents Education Act of 1978 (20 U.S.C. 927(c)(2)) is amended--
(1) by striking 677'' and inserting 636''; and
(2) by striking part H'' and inserting part C''.
(c) Higher Education Act of 1965.--The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended--
(1) in section 465(a)(2)(C) (20 U.S.C. 1087ee(a)(2)(C), by striking Individuals With'' and inserting Individuals with'' and;
(2) in section 469(c) (20 U.S.C. 1087ii(c)), by striking 602(a)(1) and 672(1)'' and inserting 602 and 632''.
(d) Education of the Deaf Act.--The matter preceding subparagraph (A) of section 104(b)(2) of the Education of the Deaf Act (20 U.S.C. 4304(b)(2)) is amended by striking 618(a)(1)(A)'' and inserting 618(a)(1)''.
(e) Goals 2000: Educate America Act.--Section 3(a)(9) of the Goals 2000: Educate America Act (20 U.S.C. 5802(a)(9)) is amended by striking 602(a)(17)'' and inserting 602''.
(f) School-to-Work Opportunities Act of 1994.--Section 4(15) of the School-to-Work Opportunities Act of 1994 (20 U.S.C. 6103(15)) is amended--
(1) by striking 602(a)(17)'' and inserting 602''; and
(2) by striking 1401(17)'' and inserting 1401''.
(g) Elementary and Secondary Education Act of 1965.--The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended--
(1) in section 1111(b)(2)(I)(ii) (20 U.S.C. 6311(b)(2)(I)(ii)), by striking 612(a)(17)(A)'' and inserting 612(a)(16)(A)'';
(2) in section 5208 (20 U.S.C. 7221g), by striking 602(11)'' and inserting 602''; and
(3) in section 5563(b)(8)(C) (20 U.S.C. 7273b(b)(8)(C)), by striking 682'' and inserting 671''.
(h) Rehabilitation Act of 1973.--The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is amended--
(1) in section 101(a)(11)(D)(ii) (29 U.S.C. 721(a)(11)(D)(ii)), by striking (as added by section 101 of Public Law 105-17)'';
(2) in section 105(b)(1)(A)(ii) (29 U.S.C. 725(b)(1)(A)(ii)), by striking 682(a) of the Individuals with Disabilities Education Act (as added by section 101 of the Individuals with Disabilities Education Act Amendments of 1997; Public Law 105-17)'' and inserting 671 of the Individuals with Disabilities Education Act'';
(3) in section 105(c)(6) (29 U.S.C. 725(c)(6))--
(A) by striking 612(a)(21)'' and inserting 612(a)(20)'';
(B) by striking Individual with'' and inserting Individuals with''; and
(C) by striking (as amended by section 101 of the Individuals with Disabilities Education Act Amendments of 1997; Public Law 105-17)'';
(4) in section 302(f)(1)(D)(ii) (29 U.S.C. 772 (f)(1)(D)(ii)), by striking (as amended by section 101 of the Individuals with Disabilities Education Act Amendments of 1997 (Public Law 105-17))'';
(5) in section 303(c)(6) (29 U.S.C. 773(c)(6))--
(A) by striking 682(a)'' and inserting 671''; and
(B) by striking (as added by section 101 of the Individuals with Disabilities Education Act Amendments of 1997; Public Law 105-17)''; and
(6) in section 303(c)(4)(A)(ii) (29 U.S.C. 773(c)(4)(A)(ii)), by striking 682(a) of the Individuals with Disabilities Education Act (as added by section 101 of the Individuals with Disabilities Education Act Amendments of 1997; Public Law 105- 17)'' and inserting 671 of the Individuals with Disabilities Education Act''.
(i) Public Health Service Act.--The Public Health Service Act (42 U.S.C. 201 et seq.) is amended--
(1) in section 399A(f) NOTE: 42 USC 290bb-25. (42 U.S.C. 280d(f), by striking part H'' and inserting part C'';
(2) in section 399(n)(3) (42 U.S.C. 280c-6(n)(3)), by striking part H'' and inserting part C'';
(3) in section 399A(b)(8) NOTE: 42 USC 290bb-25. (42 U.S.C. 280d(b)(8)), by striking part H'' and inserting part C'';
(4) in section 562(d)(3)(B) (42 U.S.C. 290ff-1(d)(3)(B)), by striking and H'' and inserting and C''; and
(5) in section 563(d)(2) (42 U.S.C. 290ff-2(d)(2)), by striking 602(a)(19)'' and inserting 602''.
(j) Social Security Act.--The Social Security Act (42 U.S.C. 301 et seq.) is amended--
(1) in section 1903(c) (42 U.S.C. 1396b(c)), by striking part H'' and inserting part C''; and
(2) in section 1915(c)(5)(C)(i) (42 U.S.C. 1396n(c)(5)(C)(i)), by striking (as defined in section 602(16) and (17) of the Education of the Handicapped Act (20 U.S.C. 1401(16), (17))'' and inserting (as such terms are defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401))''.
(k) Domestic Volunteer Service Act of 1973.--Section 211(a) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5011(a)) is amended--
(1) by striking part H'' and inserting part C''; and
(2) by striking 1471'' and inserting 1431''.
(l) Head Start Act.--The Head Start Act (42 U.S.C. 9831 et seq.) is amended--
(1) in section 640(a)(5)(C)(iv) (42 U.S.C. 9835(a)(5)(C)(iv)), by striking 1445'' and inserting 1444'';
(2) in section 640(d) (42 U.S.C. 9835(d))-- (A) by striking U.S.C'' and inserting U.S.C.''; and (B) by striking 1445'' and inserting 1444'';
(3) in section 641(d)(3) (42 U.S.C. 9836(d)(3)), by striking U.S.C 1431-1445'' and inserting U.S.C. 1431-1444''; and
(4) in section 642(c) (42 U.S.C. 9837(c)), by striking 1445'' and inserting 1444''.
(m) National and Community Service Act of 1990.--Section 101(21)(B) of the National and Community Service Act of 1990 (42 U.S.C. 12511(21)(B)) is amended--
(1) by striking 602(a)(1)'' and inserting 602''; and
(2) by striking 1401(a)(1)'' and inserting 1401''.
(n) Developmental Disabilities Assistance and Bill of Rights Act of 2000.--The Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.) is amended--
(1) in section 125(c)(5)(G)(i) (42 U.S.C. 15025(c)(5)(G)(i)), by striking subtitle C'' and inserting part C''; and
(2) in section 154(a)(3)(E)(ii)(VI) (42 U.S.C. 15064(a)(3)(E)(ii)(VI))--
(A) by striking 682 or 683'' and inserting 671 or 672''; and
(B) by striking (20 U.S.C. 1482, 1483)''.
(o) District of Columbia School Reform Act of 1995.--The District of Columbia School Reform Act of 1995 (Public Law 104-134) is amended--
(1) NOTE: 110 Stat. 1321-107. in section 2002(32)--
(A) by striking 602(a)(1)'' and inserting 602''; and
(B) by striking 1401(a)(1)'' and inserting 1401'';
(2) in section 2202(19), NOTE: 110 Stat. 1321-116. by striking Individuals With'' and inserting Individuals with''; and
(3) NOTE: 110 Stat. 1321-125. in section 2210--
(A) in the heading for subsection (c), by striking With Disabilities'' and inserting with Disabilities''; and
(B) in subsection (c), by striking Individuals With'' and inserting Individuals with''.
SEC. 306. COPYRIGHT.
Section 121 of title 17, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) the following:
(c) Notwithstanding the provisions of section 106, it is not an infringement of copyright for a publisher of print instructional materials for use in elementary or secondary schools to create and distribute to the National Instructional Materials Access Center copies of the electronic files described in sections 612(a)(23)(C), 613(a)(6), and section 674(e) of the Individuals with Disabilities Education Act that contain the contents of print instructional materials using the National Instructional Material Accessibility Standard (as defined in section 674(e)(3) of that Act), if--
(1) the inclusion of the contents of such print instructional materials is required by any State educational agency or local educational agency;
(2) the publisher had the right to publish such print instructional materials in print formats; and
(3) such copies are use