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LDA News from Washington
June 2004
CONGRESSIONAL ACTIVITIES
IDEA UPDATE
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.
ISSUE |
CURRENT LAW |
HOUSE BILL |
SENATE BILL |
LD eligibility |
A severe discrepancy between ability and achievement must be established |
Use of discrepancy not required Response to intervention may be used to identify students with LD |
Use of discrepancy not required Response to inter-vention may be used to identify students with LD as part of the evaluation procedure. |
Paperwork Reduction
|
No provision |
Grant waivers to 10 states for paperwork reduction pilots |
Grant waivers to 15 states for paperwork reduction pilots. Civil rights, including right to FAPE and procedural safeguards may not be waived. |
IEP TEAM |
Entire team must be present to make a change to existing IEP |
Flexibility for meeting attendance |
Team member may be excused if changes in area of expertise not planned |
IEP CONTENT |
Short term objectives in the IEP |
Short term objectives no longer required after 2005-2006 school year except for children taking alternate assessments based on alternate standards |
Short term objectives eliminated. Measurement of progress must be defined |
IEP MEETING |
Annual meeting |
Optional three year IEP – annual analysis of progress |
Optional three year IEP for students aged 18-21 |
Homeless and foster children and children in military families |
No provision |
No provision |
IEP for transferred students to be implemented immediately |
Transition |
Transition planning starting at age 14; services at age 16 |
Same as current law |
Transition services beginning at age 14. Training transition personnel a priority in Part D funding |
Highly qualified teacher |
Not specified |
Align with NCLB |
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 |
Procedural safeguards |
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 |
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 |
Parents receive notice once a year and 1) on initial referral for evaluation,
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 |
Complaint process |
No statute of limitations |
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. |
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. |
Attorneys fees |
A federal district court can award reasonable attorneys fees as part of the costs to parents who are determined to be the prevailing party. |
Governor determines fees |
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 |
Discipline |
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 |
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 |
Funding |
Authorization language says "such sums as may be necessary" |
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 |
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 |
Monitoring and Enforcement |
Withholding of funds is allowed under certain circumstances. |
A system of focused monitoring will be used. Actions are taken for lack of progress and substantial or continued non compliance. |
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. |
Research |
Special education research is in the Office of Special Education Programs |
Move research from OSEP to the |
Move research from OSEP to the |
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
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© 2004 LDA of America