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