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Some Thoughts on the IDEA Reauthorization
Senate Bill 1248 - June 2004
Like many other national organizations, LDA strongly opposed HR 1350, the House IDEA Reauthorization Bill and worked very hard with Senate staff to improve the Senate bill. Although we were not successful in some of our goals (i.e. retaining short term objectives, requiring a manifestation determination for all disciplinary infractions, keeping the "stay put" requirement), we were successful in preserving the integrity of learning disabilities as a construct and a category by including language limiting a response-to-intervention process to a part of the overall evaluation procedures.
Although we do not necessarily agree with everything in S 1248, we do not oppose the bill at this time. However, LDA would oppose a final bill if it included provisions that could seriously harm students with disabilities. We did exactly that in 1996 when the final IDEA bill included cessation of services for students with disabilities who violated discipline codes. LDA will continue to monitor the current legislation for any changes that might endanger access to a free, appropriate public education for students with disabilities.
There are national organizations that are still pushing for the House bill. If no conference committee is named, or if the conference committee cannot come to an agreement, there is the possibility that the House bill could be attached as an amendment to any other bill and, if that bill is a "must pass" piece of legislation, the House bill could become the new IDEA.
We've seen the concerns expressed by some other parent and advocacy organizations. We do not agree that the Senate bill is necessarily harmful to students with disabilities. In fact, in some areas, such as the provisions for mediation and the stronger monitoring and enforcement provisions, it's an improvement. Many of the questions and concerns we've heard are problems of non-compliance. Unfortunately, parents will always need to remain vigilant, understand their rights and advocate for their children.
For information and a comparison of the current IDEA, the House bill, and the Senate bill, go to the LDA website: www.ldaamerica.org.
LDA is dedicated to enhancing the quality of life for all individuals with learning disabilities and their families by encouraging effective identification and intervention, fostering research, and protecting their rights under the law.
Learning Disabilities Association of America
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Pittsburgh, PA 15234-1349
Phone (412) 341-1515 Fax (412) 344-0224
www.LDAAmerica.org
© 2004 LDA of America