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- Senate Majority Leader Bill Frist (R.TN) has set the weeks of
March 22 and/or March 29 for SENATE Floor debate on education
related bills, including S.1248. However, this timing may change
due to a busy Senate schedule that includes work on the budget,
reauthorization of the welfare program, and continuing issues
related to action in Iraq.
- During Senate consideration, only three amendments will be allowed
from each side of the Floor with a fourth in reserve, should either
side decide to use it. Amendments are expected to focus on issues
that include full funding (mandatory or discretionary); attorneys’
fees; paperwork reduction; portability of records for homeless
and foster children; and data sharing on developmental disabilities.
- Depending on when the Senate passes its bill, a House/Senate
Conference Committee could convene as early as the end of April
or beginning of May.
- The current language, including report language, in S.1248 SECTION
614 (b)(6)(B) is not expected to be challenged in Conference.
The section currently reads ADDITIONAL AUTHORITY – In
determining whether a child has a specific learning disability,
a local educational agency may use a process that determines if
the child responds to scientific, research-based intervention
as a part of the evaluation procedures described in paragraphs
(2) and (3)
- For LDA a key part of the Senate Bill are the words “may
use a process that determines if the child responds to scientific,
research-based intervention as a part of the evaluation procedures
described in paragraphs (2) and (3)”
- Some key issues which might slow down the Conference resolution
process are
- Discipline provisions
- Attention to enforcement
- Requirements for highly qualified personnel
- Once the new IDEA law is passed, LDA will continue to be proactive
by recommending IDEA regulatory language that protects appropriate
identification, eligibility, transition and FAPE provisions for
students with learning disabilities
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