IDEA REAUTHORIZED. On November 17, the day after Congress returned for its lame duck session, the Conference Committee voted 28 to 1 to adopt Conference Report (H Report 108-779) which reconciled the House and Senate bills (HR 1350 and S.1248) for the reauthorization of IDEA. On Friday, November 19, the House passed the report by a vote of 397 to 3 and the Senate passed it by voice vote. The bill then went to the President for signing. More below
DEBT LIMIT RAISED TO $8.18 TRILLION. On Thursday, November 19, Congress voted to raise the federal debt limit by $800 billion to $8.18 trillion. The increase in the debt ceiling in the past three years is nearly two and a half times the entire federal debt accumulated between 1776 and 1980.
APPROPRIATIONS UPDATE. The 3,000 page $388 billion omnibus appropriation bill passed on Saturday night included an across the board cut of 0.83% on all programs. The increase for Part B of IDEA was only $513 million- disappointing but not as bad as that for other programs
ASSISTIVE TECHNOLOGY ACT SIGNED INTO LAW. As expected, on October 25, President Bush signed into law the Assistive Technology Act of 2004 (HR 4278). The new law, PL 108-364, would provide greater access to assistive technology to individuals with disabilities.
EDUCATION APPOINTMENTS. Margaret Spellings, the President's domestic policy advisor, has been nominated for the post of Secretary of Education, replacing the retiring Rod Paige. The Senate confirmed Eugene Hickok of Pennsylvania to be Deputy Secretary of Education; Edward McPherson of Texas to be Under Secretary of Education; and John Hager of Virginia to be Assistant Secretary for Special Education and Rehabilitative Services.
FEDERAL DISABILITY DEFINITION. An AARP examines how four national surveys conducted by the federal government in the U.S. define and measure a critical aspect of disability -- whether the disability limits the person's ability to perform daily activities. See http://research.aarp.org/il/dd98disability.pdf
Also: The Bush education agenda and No Child Left Behind; defining disability; and more.
CONGRESSIONAL ACTIVITIES
IDEA
On November 17, the day after Congress returned for its lame duck session, the Conference Committee voted 28 to 1 to adopt Conference Report (H Report 108-779) which reconciled the House and Senate bills (HR 1350 and S.1248) for the reauthorization of IDEA. On Friday, 11/19, the House passed the report by a vote of 397 to 3 and the Senate passed it by voice vote. The bill then went to the President for signing.
While the bill was "not as a disability advocate would have written it" (Paul Marchand, Co-chair of the CCD Education Task Force) "it's the best we're going to get" (Diane Smith, National Association of Protection and Advocacy Systems). Some proposals which were the same in both bills are in the final bill. Others, which were in one bill and not the other, were dropped. In most cases, a compromise between the House and the Senate language was reached. The bill and conference report are in pdf format on the House Education Committee web site, http://edworkforce.house.gov or on http://thomas.loc.gov, HR 1350 #6.
The following are issues of interest in Parts A and B of the final bill.
Highly Qualified Teachers (Sec 602)
All special education teachers must be certified or licensed to teach special education. Special education teachers who teach multiple core academic subjects and who are highly qualified in either mathematics, language arts, or science have two years to demonstrate competency in the additional subjects they teach. They can also demonstrate competency by meeting NCLB's high objective uniform state standard of evaluation (HOUSSE). Special education teachers who are just consultants in the regular classroom need only to be certified or licensed in special education. Those teaching students with significant cognitive disabilities need only demonstrate a knowledge of the elementary curriculum.
Paperwork Reduction Demonstration Programs (Sec 609)
The Secretary of Education may grant to 15 states a waiver of statutory or regulatory requirements which might reduce paperwork burdens and other administrative duties under Part B of IDEA. Civil rights and procedural safeguards may not be waived.
Local Educational Agency Risk Pools (Sec 611)
States may use up to 10% of state level activities funds to reimburse local educational agencies for the costs of high need students whose services cost at least three times the State average per pupil expenditure.
Prohibition On Mandatory Medication (Sec 612)
State and local educational agency personnel cannot require a child to obtain a prescription for a substance covered by the Controlled Substances Act (21 U.S.C. 801 et seq.) as a condition of attending school, receiving an evaluation or receiving services under this title.
Use of IDEA Funds for Students at Risk of Needing Special Education (Sec 613)
LEAs may use up to 15% of their IDEA funds to provide services to students who have not been identified as needing special education or related services but who need additional academic and behavioral support to succeed in a general education environment.
Eligibility under Specific Learning Disabilities (Sec 614)
The statute uses the Senate language on eligibility which states that "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)." Many thanks to LDA members who wrote to their Senators in support of this language!
Evaluation Before Change of Placement Not Required (Sec 614)
Evaluation is not required before the termination of a child's eligibility due to graduation from secondary school with a regular diploma, or exceeding age eligibility for a free appropriate public education under State law.
Short Term Objectives and Benchmarks (Sec 614)
Short term objectives are eliminated for all students except those with significant cognitive disabilities. Periodic progress reports are required, as in the Senate bill.
Children Who Transfer School Districts (Sec 614)
The local educational agency must provide IEP services to a student with a disability who transfers to the school district in the academic year until it develops a new IEP if the student came from the same state or conducts an evaluation if the student came from another state.
Participation of the Regular Education Teacher (Sec 614)
A child's regular education teacher as a member of the IEP Team, shall, to the extent appropriate, participate in the development of the child's IEP including the determination of appropriate positive behavioral interventions and supports and other strategies, and the determination of supplementary aids and services, program modifications, and support for school personnel.
Three Year IEP Demonstration Program (Sec 614)
Demonstration programs in which 3-year IEPs would be allowed for students of all ages would be set up in 15 states. Districts in those states would not be required to offer the 3 year IEP. Parents would have the option of retaining the annual IEP.
Transition (Sec 614)
Postsecondary goals and services start when the student is 16. (Note: Education and the Workforce Chairman Boehner promised Senator Kennedy that transition would be considered in the reauthorization of the Workforce Investment Act).
Impartial Due Process (Sec 615)
A request for an impartial due process must be made within 2 years of the date the parent or agency knew or should have known about the alleged action that forms the basis of the complaint, or, if the State has an explicit time limitation for requesting such a hearing, in such time as the State law allows.
Attorneys' Fees (Sec 615)
State Education Agencies or Local Education Agencies which prevail in a due process may collect attorneys' fees in cases in which the parents' complaint is frivolous, unreasonable, without foundation, or conducted for an improper reason.
Discipline (Sec 615)
School personnel may remove a child with a disability who violates a code of student conduct from their current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 school days (to the extent such alternatives are applied to children without disabilities). If school personnel seek to order a change in placement that would exceed 10 school days and the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the child's disability, the relevant disciplinary procedures applicable to children without disabilities may be applied to the child in the same manner and for the same duration in which the procedures would be applied to children without disabilities, except they would continue to receive educational services.
BUSH EDUCATION AGENDA
President Bush is expected to resist proposals to weaken No Child Left Behind. Rather he plans to expand it into supporting adolescent reading initiatives and requiring more math and reading tests in high schools. The President is also expected to continue his emphasis on academics and accountability in Head Start and vocational education and more accountability in college aid plans.
EXECUTIVE BRANCH
YOUTH TO WORK COALITION
NCSET, the National Center for Secondary Education and Transition, is part of a Coalition which connects and strengthens public and private sector programs supporting internships, mentoring, and school-to-work transition; partners with business associations and nonprofits serving youth and disability groups; collects best practices and model programs around the country; and provides technical assistance to businesses that plan to establish or strengthen programs to serve youth with disabilities. The website is http://www.ncset.org/youthtowork/
DISABILITY GUIDANCE FOR COLLEGE-TO-CAREER
Students with disabilities enter college with less work experience and have a harder time finding jobs than their non-disabled peers. Experiential education -- mentoring, internships, job shadowing, and so on -- can create a bridge to graduation and employment. However, that requires college professionals to consider access issues for all students. A new ICI Institute Brief provides basic disability awareness information, suggests ways to create welcoming career offices, and offers ideas to increase access to experiential education: "Making Experiential Education Accessible"
NO CHILD LEFT BEHIND ISSUES
Free Brochure on Tutoring from the Department of Education, "Extra Help for Student Success." Available in English and Spanish, the brochure answers the following questions:
What Are Supplemental Educational Services?
Who Can Get These Services?
How Will I Know If My Child Is Eligible?
How Do I Find a Good Supplemental Educational Services Program for My Child?
What Happens After I've Chosen a Provider of Supplemental Educational Services?
Where Can I Get More Information?
To get a free copy of the brochure:
- Call the Education Department's Publications Center toll-free at 1-877-4-ED-PUBS (1-877-433-7827); FAX: 1-301-470-1244;
- Order online www.edpubs.org;
- Write to: ED Pubs, P.O. Box 1398, Jessup, MD 20794-1398.
This brochure is also online at: http://www.ed.gov/parents/academic/involve/suppservices/services.pdf 
LDA: News from Washington is a monthly publication of the Learning Disabilities Association of America, Inc. Written by LDA's Washington Representative, Justine Maloney; Jane Browning, Editor. LDA members wishing to be added to the mailing list may contact LDA. |
