On May 13, after two days of debate, the Senate passed by 95-3 its version of the IDEA reauthorization. Three Senators - Jeffords (I VT), Leahy (D VT) and Stabenow (D MI) - voted against the bill because it failed to include mandatory full funding. The substitute bill included a version of the Child Medication Safety Act, which called for a study of the extent to which school systems require parents to seek a diagnosis of and obtain medication for ADD or ADHD. The language is considerably better than language on the issue in the House bill. As agreed before hand, six amendments were presented. The Harkin Hagel amendment for mandatory full funding of IDEA failed. The other five were 1) authorization for increased funding for IDEA 2) allowing school districts to collect attorneys fees for frivolous lawsuits, 3) waivers of statutory or regulatory requirements to 15 states to reduce paperwork 4) expediting implementation of the IEP for children from homeless, foster, and military families moving into a new school district; and 5) adding the Department of Education to the federal agencies participating in the National Children's Study. The Administration issued a press release supporting passage of the Senate bill and the House Education and the Workforce Committee issued a press release promising to work with the Senate for a final bill.
The next step is the naming of a Conference Committee of House and Senate members to work out the differences between the two bills. Major issues are expected to be discipline, highly qualified teachers, and monitoring and enforcement. Once a final bill has been proposed and passed by both the House and the Senate, it will go to the President for his signature. Not many days are left before the 108th Congress adjourns. If time runs out, the reauthorization process will have to start all over again in the 109th Congress.
Comparisons of current law, the House Bill and the Senate Bill on major issues follow.
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ISSUE
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CURRENT LAW
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HOUSE BILL
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SENATE BILL
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LD eligibility
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A severe discrepancy between ability and
achievement must be established
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Use of discrepancy not required
Response to intervention may be used to
identify students with LD
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Use of discrepancy not required
Response to inter-vention
may be used to identify students with LD as part of the evaluation procedure.
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Paperwork
Reduction
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No provision
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Grant waivers to 10 states for paperwork
reduction pilots
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Grant waivers to 15 states for paperwork
reduction pilots. Civil rights, including right to FAPE and procedural safeguards
may not be waived.
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IEP TEAM
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Entire team must be present to make a
change to existing IEP
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Flexibility for meeting attendance
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Team member may be excused if changes in
area of expertise not planned
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IEP CONTENT
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Short term objectives in the IEP
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Short term objectives no longer required
after 2005-2006 school year except for children taking alternate assessments
based on alternate standards
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Short term objectives eliminated.
Measurement of progress must be defined
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IEP MEETING
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Annual meeting
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Optional three year IEP – annual analysis
of progress
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Optional three year IEP for students aged
18-21
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Homeless and foster children and children
in military families
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No provision
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No provision
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IEP for transferred students to be
implemented immediately
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Transition
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Transition planning starting at age 14;
services at age 16
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Same as current law
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Transition services beginning at age 14.
Training transition personnel a priority
in Part D funding
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Highly qualified teacher
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Not specified
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Align with NCLB
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All special ed teachers must have bachelors degree and licensure or certification or pass
licensing exam.
New elementary special ed teachers must
meet special ed and basic curriculum standards
New middle and secondary special ed
teachers must demonstrate competency in core subjects or have degrees or
coursework in all areas taught.
Veteran teachers must meet elementary or
middle/high school standards and demonstrate competence in all areas based on
state evaluation.
Special ed teachers who provide
consultation to qualified teachers must meet requirements for all special ed
teachers.
Secondary special ed teachers of students
with severe cognitive disabilities must meet the states elementary school
standards
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Procedural safeguards
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Parents receive notice
1) on initial referral for evaluation,
2) at each notification of an IEP meeting
3) on reevaluation
4) after filing request for due process
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Parents receive notice 1) on initial
referral or parent request for evaluation.
2) at the
beginning of each school year.
3) at written parent request
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Parents receive notice once a year and
1) on initial referral for evaluation,
- after filing request for due process
- when requested by parent
Notice must
inform parents of time for filing complaints, for district’s opportunity to
resolve of complaint before due process, and the time frame for appealing due
process decisions
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Complaint process
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No statute of limitations
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One year statute of limitations for filing
a complaint
Require a meeting between school and
parents within 15 days after filing a complaint unless parties agree to
waive.
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Two year limit for filing a complaint
90 day limit for filing lawsuits
Require a meeting between school and
parents within 15 days after filing a complaint unless parties agree to
waive.
|
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Attorneys fees
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A federal district court can award
reasonable attorneys fees as part of the costs to parents who are determined
to be the prevailing party.
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Governor determines fees
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Court may award reasonable attorneys fees
to
1)the prevailing party who is the parent
of a child with a disability
2) the prevailing party who is a SEA or
LEA against the attorney of a parent who files a frivolous complaint
· the prevailing party who is a SEA or LEA
against the attorney or the parent if the complaint was presented to harass
or cause unnecessary delay
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Discipline
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No services are required for students
removed for 10 consecutive school days.
Students who bring drugs or weapons to
school or a a danger to themselves or others may be
removed to an alternative educational setting for up to 45 days
A review of whether the behavior was a
manifestation of the child’s disability must be made
A functional behavioral assessment must be
developed, or if done previously, reviewed
|
May order change in placement for
violation of the code of student conduct.
Students can be removed from the general
ed setting for 45 days or longer
Manifestation determination, and
functional behavioral assessment eliminated
Child removed from current placement
continues to receive educational services and behavioral intervention
services
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May order a change of placement for
violations of code of conduct Students can be removed for weapons or drugs or
for serious bodily injury to alternative placement for 45 days or longer.
Manifestation determination retained
except for weapons, drugs, or serious bodily injury.
. Child removed from current placement
continues to receive educational services and behavioral intervention
services and functional behavioral assessment
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Funding
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Authorization language says
"such sums as may be necessary"
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Discretionary increases in funding over 7
years to reach 40% of excess costs promised by IDEA
Allows districts to use up to 15% of IDEA
funds for pre-referral services
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Gregg amendment increases discretionary
funding to reach 40% promised by IDEA by 2011
Allows districts to use up to 15% of IDEA
funds for pre-referral services
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Monitoring and Enforcement
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Withholding of funds is allowed under
certain circumstances.
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A system of focused monitoring will be
used. Actions are taken for lack of progress and substantial or continued non
compliance.
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A system of focused monitoring will be
used by federal and state authorities. Actions are taken based on state
compliance plan, for lack of satisfactory progress, and substantial or
egregious noncompliance.
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Research
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Special education research is in the
Office of Special Education Programs
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Move research from OSEP to the National Center for Special Education Research
in the Institution of Education Sciences
|
Move research from OSEP to the National Center for Special Education Research
in the Institution of Education Sciences Require the Department of Ed to work
with the Centers for Disease Control on the National Childrens
Study
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LDA News from Washington is a monthly publication
of the Learning Disabilities Association of America. Written by
Justine Maloney; Jane Browning, Editor. Paper copies by mail are
available free to members upon request. Call 1-888-300-6710 or email
info@ldaamerica.org
