Sponsor: Senator Judd Gregg (New Hampshire)

Cosponsors: 13

Cosponsors: 19

Summary: Revises IDEA, which requires public school districts to provide a free and appropriate public education to children with disabilities in the least restrictive environment

Comment: This bill has generated tremendous concern among stakeholders in special education, including advocates, parents, teachers, and public and private school administrators. The House Committee on Education and the Workforce and the Senate Health, Education, Labor and Pensions Committee held hearings on the issue, where many people testified about how well IDEA presently meets the needs of students, teachers, school districts and parents. Despite testimony demonstrating the effectiveness and necessity of current IDEA provisions, this pending legislation proposes to eliminate many successful and critical requirements for supports, services and parental involvement.

For example, the House version of the bill proposes to eliminate annual Individual Education Plans (IEP's). An IEP sets forth a child's educational goals and identifies the supports and services the child and teachers need to achieve those goals. The House version of the bill proposes to require IEP's only once every three years and also proposes to eliminate the requirement that IEP's include benchmarks, or measurable goals, for a child's progress. The sponsors contend that the bill's proposals are necessary to reduce paperwork and streamline procedural requirements. However, advocates strongly oppose these provisions and argue that the bill would remove critical tools for ensuring positive outcomes for children receiving special education services. Even the Senate version of the bill, S1248, which retains certain protections, calls for the elimination of short term objectives in IEP's, which will make it more difficult to plan for and monitor a child's success.

Other proposals drawing criticism from disability advocates would increase the circumstances in which students with disabilities can be removed from their public schools or disciplined because of non-injurious conduct that is a manifestation of their disability. Several legislative proposals would remove existing protections for children that ensure that behavior problems are addressed through appropriate evaluations and positive behavior supports, which enable a child to continue to receive an appropriate public education alongside his or her neighborhood peers. However, advocates welcomed certain aspects of the Senate version of the bill (S1248) which retain protections and provide funding to expand positive behavior supports and whole school behavior interventions.

Many advocates also contend that the proposed legislation will reduce the states' accountability for compliance with IDEA and reduce remedies and procedural protections for parents who disagree with the decisions of a school district.

Finally, the House bill contains two alarming provisions that would allow states to avoid the requirement to provide a free and appropriate public education (FAPE) to students with disabilities. The first provision would waive the requirement for students between the ages of 3-5, if providing a FAPE "would be inconsistent with State law or practice, or the order of any court, respecting the provision of public education to children in those age ranges." The second provision would waive the FAPE requirement for students between the ages of 18-21, who are incarcerated in an adult facility before being identified as having a qualifying disability. This latter provision would have devastating consequences for students whose public schools have failed to identify their needs and could provide school districts with an incentive to refrain from evaluating a truant or troubled student for developmental disabilities. It is estimated that one- third to one-half of youths in correctional facilities have a disability. This is a staggering overrepresentation when compared to the U.S. Department of Education finding in 2000 that 9% of school age children have disabilities. The proposal to take away services from students in crisis is inconsistent with the intent of the IDEA to ensure that every student with special needs is provided an education. In sum, these two FAPE exceptions would severely weaken the IDEA and leave countless students without resources to obtain an education or to transition to a productive adult life.

Current Status: Senate Committee on Health, Education, Labor, and Pensions

Summary of Legislative Activity:
6/12/03 Introduced

6/25/03 Reported favorably with an amendment in the nature of a substitute

11/3/03 Placed on Senate Legislative Calendar

Current Status: Senate Committee on Health, Education, Labor, and Pensions

Summary of Legislative Activity:
3/19/03 Introduced

5/1/03 Referred to Senate Committee on Health, Education, Labor, and Pensions

Sponsor: Congressman Ric Keller (Florida)

Cosponsors: 2

Sponsor: Senator Rick Santorum (Pennsylvania)

Cosponsors: 4

Summary: These bills seek to reduce IDEA reporting and record keeping requirements in connection with special education

Comment: These bills seek to reduce reporting and record keeping required by the Individuals with Disabilities Education Act (IDEA). Both bills call for a study on appropriate regulation to achieve this goal. The House bill would permit three-year rather than annual Individual Education Plans (IEP's) for students with disabilities and would weaken requirements for participation in IEP meetings by teachers. The Senate bill would require the Department of Education, along with State and local educational agencies, to reduce the "paperwork burden" by at least 50 percent within 18 months. The Senate bill would also amend IDEA to make mediation mandatory for all legal disputes related to IEP's and would also mandate the use of certain appropriations under IDEA part D for grants for research on and support of mediation of IEP disputes. Most advocates for children strongly oppose these bills because they propose to remove important protections for children with disabilities before exploring alternate methods for addressing the sponsors' concerns.

Additional Information
HR 464

Current Status: House Subcommittee on Education Reform

Summary of Legislative Activity:
1/29/03 Introduced

2/21/03 Referred to House Subcommittee on Education Reform

Current Status: Senate Committee on Health, Education, Labor, and Pensions