AAPD - News

IDEA Passes in Senate
May 2004

From DREDF
IDEA Rapid Response Network (RRN)
News Briefing #35
IDEA Passes in the Senate: The Senate approved its IDEA bill, S. 1248 (substituted as HR1350), today with 95 Senators voting yes and 3 opposed. Senators Jeffords and Leahy from Vermont opposed the bill because it failed to provide a mechanism for mandatory full funding. Senator Stabenow of Michigan also voted against passage.
Amendments approved over the course of the two-day consideration:

Attorneys' Fees. All attempts to cap parent's attorneys' fees were thwarted. The availability of attorneys' fees to parents remains the same. The amendment conforms the IDEA to other civil rights laws, allowing school districts to collect fees if a court finds that the parents' claim is frivolous or groundless or brought with improper purpose. Senators Gregg, Enzi and Grassley's amendment allows State education agencies and local education agencies to seek fees in the following two circumstances:

--a prevailing party who is a State educational agency or local educational agency against the attorney of a parent who files a complaint that is frivolous or without foundation
--a state educational agency or local educational agency against the attorney of a parent or parent if the parent's complaint was presented for any improper purpose such as to harass or to cause unnecessary delay or needless increase in the cost of litigation

Participation in the National Children's Study. Senator Clinton's Amendment will require the Department of education to participate in the long-term child development study authorized under the Children's Health Act of 2000 to determine the relationship between environmental health factors and the development of disabilities in childhood.
Homeless, Foster and Children in Transition. Senator Murray's amendment will make it easier for schools to provide disabled homeless and foster children with services and will smooth the transition for all disabled children, including children with parents in the military, who move to new schools.
Funding. Senator Gregg's amendment authorizes appropriations that will increase discretionary federal funding with the goal of paying for 40% of the costs of providing services under IDEA by 2011.
Paperwork Reduction. Senator Santorum's Amendment will authorize 15 states to participate in pilot demonstration projects to reduce the amount of paperwork associated with special education. The amendment includes a specific provision that states may not waive civil rights protections and makes clear that the paperwork reductions may not impair the right of a child to receive a free appropriate public education or infringe upon any procedural safeguards.

Failing Amendment:

Mandatory Full Funding. Senators Harkin and Hagel submitted an amendment that would have provided for mandatory funding increases of $2.2 billion each year over the next six years in order to reach Congress' 1976 promise to reimburse states for 40% of the costs associated with IDEA. Because the amendment did not state what costs would be offset as required by the Budget Act, the Senate was required, by a 2/3 vote, to waive the Budget Act provisions. That vote failed by four votes (56 yea, 41 nay. Two democratic senators were absent), resulting in the loss of the Harkin-Hagel Amendment.

On Wednesday, May 12, Senators Harkin, Hagel, Jeffords, Murray, Kennedy, Carper, Baucus, and Corzine spoke passionately about the need to assist local school districts with the costs associated with special education implementation. Today, Senator Dayton admonished the Senate for failing to adopt the Harkin-Hagel amendment. On both days the Senators gave compelling speeches about priorities and the failure of Congress to live up to its promise.

HR1350 (formerly S. 1248) must be reconciled with the House bill in conference. The Conference Committee will be another battlefield where parents' voices must be heard. We will continue to keep you informed on IDEA Reauthorization.
THANK YOU!
The response to our request to send letters to the Senate regarding enforcement was overwhelming. We're grateful to those of you who wrote and called to share your stories. Senator Kennedy read from several of your passionate and compelling letters while on the floor today. He stated that over the course of this reauthorization he has received thousands of letters from parents about their child's educational experiences. Your letters illustrate the necessity to implement and enforce this important civil rights law, which ensures that children receive a meaningful education under the IDEA.
Please consider thanking those Senators who took your concerns forward and particularly those who are working so hard to preserve the rights of disabled children.

Enforcement and Monitoring. On May 12, 2004, the White House released a statement that includes its position on the monitoring and enforcement provisions of S1248: "The Administration strongly opposes the provision that requires an unworkable and mechanistic enforcement system that would automatically trigger a series of State sanctions. While State-level benchmarks that address student achievement and school performance can promote accountability and create incentives for improvement, the proposed system would encourage low expectations and inappropriate sanctions. These provisions should be deleted."
DREDF is concerned about the Administration's position and will keep you informed of any developments in this area.

TO JOIN THE RRN: Visit the DREDF website and complete our online subscription form. Earlier Briefings can also be found on our website. We now have nearly 4000 subscribers.

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