Individuals with Disabilities Education Act (IDEA)

December 3, 2004

IDEA Reauthorization has been signed into law.

CT PTA has received word from our National Office that IDEA has been signed into law this morning (Dec. 3, 2004.) The regulations are now being written for the reauthorization.

IDEA Reauthorization Overview

On November 19, 2004, the House and Senate both passed a final bill to reauthorize the Individuals with Disabilities Education Act (IDEA) (H.R. 1350) through 2011. The President is expected to sign the bill soon. The law will take effect July 1, 2005, with the exception of the highly qualified teacher requirements, which will take effect immediately. Many of the provisions will become clearer as regulations and guidance are provided by the U.S. Department of Education.

The final bill includes several provisions National PTA advocated for that will do much to improve the quality of special education. For example, the bill retains continued services for students moved to alternate placements, attorney fee reimbursements for parents who prevail in litigation, and the requirement that schools determine whether disciplinable behavior is a manifestation of the student's disability. We also prevented major changes to discipline provisions and due process protections that would have undermined students' and parents' rights. While the final bill does contain a few changes that some claim weaken the current law, overall we are pleased with the final result. National PTA would like to thank all of our members and supporters who wrote to, e-mailed, and called the IDEA conference committee members urging them to protect the rights of children with disabilities.

Below is a preliminary analysis of some of the final bill's provisions.

Discipline
The final bill retains the requirement that a school must consider whether a special education student's misbehavior was caused by his or her disability. However, a child can be removed from his or her regular classroom while the manifestation determination is pending. Also, parents now must show that the disability caused the disruptive behavior instead of the schools having to prove that the misbehavior was unrelated to the student's disability. The new bill also gives educators more discretion in disciplinary decisions; they are no longer required to consider unique circumstances when contemplating a change in placement, but may do so on a "case by case basis." Like the current law, the bill requires that students with disabilities continue to be provided education services when suspended or expelled for more than 10 days.

Individualized Education Program (IEP)
The new bill modifies a number of IEP provisions to allow modifications to an IEP to be developed in writing instead of through a formal IEP meeting, and to allow a member of the IEP team to be excused from attending all or part of an IEP meeting with the written consent of the parent and the local education agency. The new bill eliminates benchmarks and short-term objectives, except for children who take alternate assessments, and requires an IEP to include a description of annual goals, how those goals will be measured, and when and how periodic progress reports will be provided to parents. A pilot program is also included in the new bill that allows up to 15 states to develop comprehensive multi-year IEPs, not to exceed 3 years, with parental consent. National PTA supported efforts to simplify and clarify the IEP process as long as it did not weaken important safeguards.

Teacher Quality
National PTA supported language that ensures that special educators are fully licensed in special education and competent in the subjects they teach, while recognizing the multiple settings in which special educators deliver services, the diverse roles within which special educators function, and the variety of the individuals for whom they work. Under the new law, as under the No Child Left Behind Act, all special education teachers must hold a certificate in special education or pass a state special education licensing exam and hold a state license. New flexibility is provided for special education teachers to demonstrate that they are highly qualified if they are new to the profession, teach multiple subjects, or teach students working under alternate achievement standards.

Legal Process and Attorney Fees
Under the new bill, parents will have to pursue mediation or attend other meetings to give school officials a last chance to resolve disputes before the courts may intervene. The bill also requires complaints to be clear and specific, and requires that complaints be filed within two years of the date of the alleged violation. The bill allows parents and school districts to collect the cost of attorney's fees if they are the prevailing party. National PTA helped prevent language that would have allowed governors to cap attorney fees reimbursed to successful parents. While the new bill allows school districts to recover legal costs from attorneys for frivolous claims, it does not allow recovery of costs from parents--another National PTA victory.

Funding
National PTA is disappointed that the final bill does not make funding for IDEA mandatory. The federal government currently pays less than half of what the original law authorized them to pay. The new law lays out a plan for the federal government to fully fund IDEA within six years. Unfortunately, the actual amount must be appropriated each year during the annual budget process, so there is no guarantee that this plan will be carried out.

July 12, 2002

IDEA IS FOCUS OF HOUSE AND SENATE COMMITTEE HEARINGS

Terry Branstad, chair of the Commission on Excellence in Special Education, appeared before the Senate education committee on July 9, and the House education committee on July 10, to present the Commission's recommendations for reauthorization of the Individuals with Disabilities Education Act (IDEA). Branstad faced bipartisan questioning regarding the Commission's failure to recommend that Congress fulfill its commitment to move from the current 17 percent funding level to the 40 percent funding promised under IDEA. In addition, several House committee members expressed opposition to the Senate committee's recommendation to allow federally funded IDEA vouchers. However, members of both committees expressed support for the recommendations that emphasize early identification of children for special education services and paperwork reduction.

The Commission's report, titled "A New Era: Revitalizing Special Education for Children and Their Families," was sent to President Bush on July 1 and includes the following findings:

* IDEA generally provides basic legal safeguards and access for children with disabilities. However, the current system often places process above results, and bureaucratic compliance above student achievement, excellence, and outcomes.

* The current system uses an antiquated model that waits for a child to fail, instead of a model based on prevention and intervention.

* Children placed in special education are general education children first. Yet, educators and policy makers think about the two systems as separate and tally the cost of special education as a separate program, not as additional services with resultant add-on expense. When a child fails to make progress in special education, parents have inadequate options and little recourse.

* A culture of compliance has often developed from the pressures of litigation, diverting much energy from the public schools' first mission: educating every child.

* Many of the current methods of identifying children with disabilities lack validity. Thousands of children are misidentified, while many others are not identified early enough or at all.

* Children with disabilities require highly qualified teachers. Teachers, parents, and education officials desire better preparation, support, and professional development.

* Research on special education needs enhanced rigor and the long-term coordination necessary to support the needs of children, educators, and parents.

* The focus on compliance and bureaucratic imperatives in the current system, instead of academic achievement and social outcomes, fails too many children with disabilities. Too few students with disabilities successfully graduate from high school or transition to full employment and postsecondary opportunities, despite provisions in IDEA providing for transition services.

The Commission issued dozens of recommendations including insisting on high academic standards and excellence, accountability for results, adequate yearly progress, parent empowerment, teacher quality, and education reforms based on scientifically rigorous research.

Three broad recommendations form the foundation of the report. First is a call to focus on results - not on process. The Commission suggests the system be judged by the opportunities it gives and the outcomes achieved by each child. A second recommendation is to embrace a model of prevention, not a model of failure. Reforms, the report notes, must include early identification and swift intervention, using scientifically based instruction and teaching methods. A third recommendation is to consider children with disabilities as general education children first. The report states that special education needs must be met using a school's comprehensive resources, not by relegating students to a separately funded program.

President Bush ordered the creation of the Commission in the fall of 2001. The 24-member Commission held 13 open hearings and meetings across the country. In January, National PTA submitted comments to the Commission, which identified the organization's support for mandatory full funding of IDEA and our strong opposition to vouchers. National PTA will continue to urge House and Senate leaders to introduce IDEA reauthorization proposals that are voucher-free and to include full funding of IDEA in appropriations bills moving through Congress.

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