Senate Passes IDEA Reauthorization Bill: On Wednesday, May 12, the Senate passed S. 1248 reauthorizing IDEA by a vote of 97-3. The next step will be for both the House and the Senate to appoint members to a joint Conference Committee to work out the differences between S. 1248 and H.R. 1350.
Eligibility Definition for Specific Learning Disabilities: The House Committee staff, both Republican and Democratic, has indicated that the current Senate language that LDA advocated for will not be a problem for the House when the bills get to a conference. Senate staff agreed that this did not seem to be a contentious issue.
(That language reads, at Section 614 (b)(6)(B) 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). (The italicized language was not in the original Senate Bill and is not in the House Bill.) )
Senate Amendments:
A limited number of amendments (three each for Democrats and Republicans) were considered. All the amendments passed with the exception of the Harking/Hagel full funding amendment. A substitute amendment posed by HELP Committee Chair Judd Gregg called for full funding but on the basis of a gradual increase over a number of years; the substitute amendment passed. :
Attorneys' fees (Republican amendment):
Staff is considering either a cap on attorneys' fees or ways to protect school districts from frivolous lawsuits. LDA expressed concern that that there are actually very few frivolous lawsuits and caps will make it more difficult for parents to find or afford well-qualified attorneys.
Full Funding (Bi-partisan amendment):
Senators Tom Harkin (D-Iowa) and Chuck Hagel (R-Neb.) have offered an amendment that would increase funding by $2 billion annually over the next eight years to get to the 40 percent level.
Paperwork Reduction (Republican amendment):
The purpose of the amendment is to focus on the individual student and to increase teachers' time in the classroom. Staff is considering a paperwork reduction pilot similar to the House bill. However, they assured LDA that they do not want to eliminate any paperwork requirements that would harm children's education or decrease parents' procedural safeguards. LDA pointed out that one of the most effective ways to reduce the paperwork burden on teachers would be to require that the Department disseminate information on software for developing IEPs which is already used in some districts.
- Staff said that S. 1248 already contains some paperwork reduction elements, such as elimination of short-term objectives. Another staff member indicated that the bill does not preclude teachers from using short-term objectives, but rather eliminates the requirement. LDA reiterated its opposition to removal of short-term objectives from the IEP, as it reduces parental input and participation in their child's education.
- Staff also mentioned possible provisions to allow amendment of the IEP without a meeting. Again, LDA stated that this has potential problems if communication is not good between the school district and parents.
National Children's Study (Democratic amendment): Senator Clinton will offer an amendment to add the Department of Education as a key partner in the development and execution of the National Children's Study. LDA has sent a letter of support to the Senator and visited her staff to reiterate that support.
A Democratic amendment is expected to be introduced which would require that the records of homeless, migrant and foster children are tracked and transferred from district to district.
Conference Issues:
PRESIDENT’S BUDGET FOR 2005
Once the bill passes the Senate, both Senate and House staff members are ready to begin work on a conference bill. The major issues they identified for conference negotiation are as follows:
- Definition of highly qualified teachers: We were told that this is an issue in No Child Left Behind, as well as in the IDEA. The Department is also quite engaged in looking at this issue and is interested in LDA's perspective.
- Discipline provisions: One area of contention is the manifestation determination, although House Committee staff indicated they felt the Senate had moved in the right direction. The House bill currently has no manifestation determination, but staff implied that a simplified version might be acceptable.
- Monitoring and enforcement: House staff says the current Senate language is unacceptable. They cited concern about the possibility of the Secretary and states negotiating specific placement numbers and sanctions being invoked if states exceed those numbers. Senate staff believes this issue might dominate the conference.
Other Issues:
RELAXATION OF REGULATIONS ON MERCURY EMISSIONS
LDA reiterated its focus on prevention and the continuing impact of environmental toxins on children and adults with learning disabilities.
Sen. Bond, R-MO., will be introducing a bill to expand on the "Parents as Teachers" concept that originated in his state. The program provides support for parents, pre-natal through entrance to kindergarten. His bill will enhance collaboration with Early Head Start, provide support for military families, and expand into "English-as-a-second-language" communities.
Office of Special Education and Rehabilitative Services (OSERS):
Acting Assistant Secretary Troy Justesen and Special Assistant Joan Mele-McCarthy have expressed interest in having input from LDA and maintaining ongoing communication with regard to the impact of No Child Left Behind (NCLB) on students with learning disabilities, the inclusion of Vocational Rehabilitation agencies as part of the IDEA transition process in a formalized way; and other OSERS sponsored initiatives affecting individuals with learning disabilities.
LDA Update From Washington is a periodic publication of the Learning Disabilities Association of America. Paper copies by mail are available free to members upon request. Call 1-888-300-6710 or email info@ldaamerica.org |
