National Coalition of Parent Centers
4676 Larkwood SE
Kentwood, MI 48508
Sue Pratt, Coordinator
Phone: 616.455.5732
Fax: 616.455.2568
Information on IDEA and Discussion Topics for Conversations with Policy Makers
Background Information:
This information sheet was developed in response to requests for information about the status of IDEA re-authorization. In early December, the Senate adjourned from the first session of the 108th Congress without taking floor action on the reauthorization of the Individuals with Disabilities Education Act (IDEA). The Senate Health, Education, Labor and Pensions Committee passed the IDEA Reauthorization Bill (S.1248) on June 25, 2003.
Senate leaders have reached an agreement, allowing the bill to move to the floor, while considering a minimum number of amendments. Senate Majority Leader Frist has released a tentative schedule indicating IDEA may be considered on the floor during the week of March 22, 2004.
According to the Senate agreement, eight floor amendments will be offered. The most significant appear to be those that deal with limiting reimbursement of attorney fees when parents prevail in due process hearings; funding (2 separate amendments); and giving waivers to some states to reduce paperwork requirements. The Republicans and Democrats will each be given one other slot to offer amendments that are unspecified at this time.
The House IDEA reauthorization bill passed in the Spring, despite the opposition of virtually every national disability parent and advocacy organization. Upon Senate passage, a Conference Committee consisting of representatives from each body would convene to work out a compromise bill.
Message to Senators: When visiting with Senators or their staff, parents and advocates may want to convey the following message regarding the Senate IDEA bill (S.1248):
* The bill eliminates short-term objectives in Individual Education Programs (IEP). Parents, most teachers and special education administrators agree that short-term objectives are essential in determining whether students are making progress on their IEP goals and determining future steps in reaching goals. Many believe that while report cards are valuable, the major accountability measure for students with disabilities is the IEP.
* The bill creates the option for schools to offer a three-year IEP for students in their final three years of school. There are many states that are producing low quality outcomes for students in the transition years. The Office of Special Education Programs has designated transition services as one area being closely reviewed in its focused monitoring efforts. Many are concerned that giving schools the latitude of using three year IEP's in the final years, is not likely to produce better post secondary outcomes for students with disabilities.
* The "stay put" provision is further weakened. Since its initial passage, IDEA has mandated a free appropriate public education for all students with disabilities. The 1997 amendments created an exception for students who are in possession, sale or distribution of illegal drugs, who possess a dangerous weapon, or are determined to be substantially likely to cause injury to self or others.
S.1248 creates another exception for students who are accused of not adhering to the school code of conduct and for whom it is determined that the disability did not cause the behavior. These students lose their right to "stay put" in their current educational placement pending an appeal. When they are transferred to other settings, local schools will not have to count them for purposes of reporting adequate yearly progress under No Child Left Behind.
* S.1248 changes the way in which a behavior manifestation determination review is conducted. The current IDEA law requires the IEP team to determine whether the IEP and placement are appropriate and whether services and behavior intervention strategies were provided consistent with the child's IEP. The language in S.1248 simply requires the team to ask whether the IEP or behavioral interventions have been implemented. Without a discussion on whether the IEP, placement and services are appropriate, some students are at risk of losing services because a poor IEP, which did not meet the student's needs, was developed and implemented.
* Oppose an amendment to limit reimbursement for attorney fees when parents prevail in hearings. According to the National Association of State Directors of Special Education (NASDSE), there were 3,020 due process hearings held throughout the nation out of about 6.5 million children receiving special education services, in the year 2000. Most parents wish to resolve problems quickly and efficiently and tend to give schools the benefit of a doubt. They usually pursue conciliation, mediation and other dispute resolution techniques before seeking due process. Limiting the ability of parents to be reimbursed for attorney fees will create an incentive for more schools to pursue due process hearings instead of using other less adversarial approaches to dispute resolution. It will also result in schools having an unfair advantage in a system designed to be impartial.
* Support an amendment for mandatory full funding of IDEA. The lack of full funding by Congress has resulted in states and local school districts paying for most of the cost to educate students with disabilities. At the local level, children with disabilities often become the scapegoat when schools are faced with tight budgets. IDEA is an important civil rights act that has had bi-partisan support since initial passage over 25 years ago. It is time for it to be fully funded.
* Oppose amendments that will give waivers to some states to reduce paperwork requirements. There are certain procedures that are essential in ensuring that children with disabilities receive an appropriate education program. Other procedures are designed to ensure accountability of school districts for delivering education services that are agreed to and for producing quality outcomes. "Reducing paperwork" is sometimes used as a code for reducing rights and accountability. Resist efforts to water down rights for students with disabilities and for holding schools accountable to producing quality outcomes for these students.
The National Coalition of Parent Centers represents the interest of parents of children with and without disabilities
4676 Larkwood SE
Kentwood, MI 48508
Sue Pratt, Coordinator
Phone: 616.455.5732
Fax: 616.455.2568
Information on IDEA and Discussion Topics for Conversations with Policy Makers
Background Information:
This information sheet was developed in response to requests for information about the status of IDEA re-authorization. In early December, the Senate adjourned from the first session of the 108th Congress without taking floor action on the reauthorization of the Individuals with Disabilities Education Act (IDEA). The Senate Health, Education, Labor and Pensions Committee passed the IDEA Reauthorization Bill (S.1248) on June 25, 2003.
Senate leaders have reached an agreement, allowing the bill to move to the floor, while considering a minimum number of amendments. Senate Majority Leader Frist has released a tentative schedule indicating IDEA may be considered on the floor during the week of March 22, 2004.
According to the Senate agreement, eight floor amendments will be offered. The most significant appear to be those that deal with limiting reimbursement of attorney fees when parents prevail in due process hearings; funding (2 separate amendments); and giving waivers to some states to reduce paperwork requirements. The Republicans and Democrats will each be given one other slot to offer amendments that are unspecified at this time.
The House IDEA reauthorization bill passed in the Spring, despite the opposition of virtually every national disability parent and advocacy organization. Upon Senate passage, a Conference Committee consisting of representatives from each body would convene to work out a compromise bill.
Message to Senators: When visiting with Senators or their staff, parents and advocates may want to convey the following message regarding the Senate IDEA bill (S.1248):
* The bill eliminates short-term objectives in Individual Education Programs (IEP). Parents, most teachers and special education administrators agree that short-term objectives are essential in determining whether students are making progress on their IEP goals and determining future steps in reaching goals. Many believe that while report cards are valuable, the major accountability measure for students with disabilities is the IEP.
* The bill creates the option for schools to offer a three-year IEP for students in their final three years of school. There are many states that are producing low quality outcomes for students in the transition years. The Office of Special Education Programs has designated transition services as one area being closely reviewed in its focused monitoring efforts. Many are concerned that giving schools the latitude of using three year IEP's in the final years, is not likely to produce better post secondary outcomes for students with disabilities.
* The "stay put" provision is further weakened. Since its initial passage, IDEA has mandated a free appropriate public education for all students with disabilities. The 1997 amendments created an exception for students who are in possession, sale or distribution of illegal drugs, who possess a dangerous weapon, or are determined to be substantially likely to cause injury to self or others.
S.1248 creates another exception for students who are accused of not adhering to the school code of conduct and for whom it is determined that the disability did not cause the behavior. These students lose their right to "stay put" in their current educational placement pending an appeal. When they are transferred to other settings, local schools will not have to count them for purposes of reporting adequate yearly progress under No Child Left Behind.
* S.1248 changes the way in which a behavior manifestation determination review is conducted. The current IDEA law requires the IEP team to determine whether the IEP and placement are appropriate and whether services and behavior intervention strategies were provided consistent with the child's IEP. The language in S.1248 simply requires the team to ask whether the IEP or behavioral interventions have been implemented. Without a discussion on whether the IEP, placement and services are appropriate, some students are at risk of losing services because a poor IEP, which did not meet the student's needs, was developed and implemented.
* Oppose an amendment to limit reimbursement for attorney fees when parents prevail in hearings. According to the National Association of State Directors of Special Education (NASDSE), there were 3,020 due process hearings held throughout the nation out of about 6.5 million children receiving special education services, in the year 2000. Most parents wish to resolve problems quickly and efficiently and tend to give schools the benefit of a doubt. They usually pursue conciliation, mediation and other dispute resolution techniques before seeking due process. Limiting the ability of parents to be reimbursed for attorney fees will create an incentive for more schools to pursue due process hearings instead of using other less adversarial approaches to dispute resolution. It will also result in schools having an unfair advantage in a system designed to be impartial.
* Support an amendment for mandatory full funding of IDEA. The lack of full funding by Congress has resulted in states and local school districts paying for most of the cost to educate students with disabilities. At the local level, children with disabilities often become the scapegoat when schools are faced with tight budgets. IDEA is an important civil rights act that has had bi-partisan support since initial passage over 25 years ago. It is time for it to be fully funded.
* Oppose amendments that will give waivers to some states to reduce paperwork requirements. There are certain procedures that are essential in ensuring that children with disabilities receive an appropriate education program. Other procedures are designed to ensure accountability of school districts for delivering education services that are agreed to and for producing quality outcomes. "Reducing paperwork" is sometimes used as a code for reducing rights and accountability. Resist efforts to water down rights for students with disabilities and for holding schools accountable to producing quality outcomes for these students.
Prepared Using Private Funds
The National Coalition of Parent Centers represents the interest of parents of children with and without disabilities
