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Congress Passes IDEA Reauthorization
November 20, 2004
[An AP Story about the final House/Senate Vote on IDEA, followed by an editorial from the Washington Post]
Congress Backs Special-Ed Changes Discipline Issues, Parent Disputes and Paperwork Addressed
Associated Press
The Washington PostCongress approved and sent to the White House yesterday an update of special-education requirements that eases pressure on teachers while increasing enforcement of high standards for the disabled.
The bill would be the first major revision to the Individuals With Disabilities Education Act in seven years. The law promises a free and appropriate education in the least restrictive environment to more than 6.7 million children with special needs.
The House passed it 397 to 3, and the Senate approved it by voice vote. President Bush was expected to sign it. That would allow Congress to take credit for a significant, bipartisan schools bill before the new year, when its membership will change and a heavy agenda of education issues awaits.
"We set out with one fundamental goal in mind," said Rep. John A. Boehner (R-Ohio), chairman of the Education and the Workforce Committee. "That was to improve the educational results for students with disabilities, and I believe we have accomplished that goal with the bill that we have before us today."
Yesterday's action became a formality after congressional negotiators reached terms earlier in the week, capping weeks of private talks and nearly two years of debate in Congress.
In a key provision, the bill aims to boost discipline, giving schools more freedom to remove disruptive children if their behavior is not a result of their disability.
It also targets more accurate identification of which children have disabilities, earlier intervention for struggling students and stronger enforcement of how states comply.
For teachers, there is the promise of less paperwork. New educators will also get more flexibility in proving they are "highly qualified" to stay in the classroom under new federal standards -- but not as much flexibility as several education groups say is needed.
The bill encourages mediation in disputes between parents and schools, and it allows states and districts to recover attorneys' fees if a parent's complaint is deemed frivolous.
On the money front, Congress will recommit to the promise it made long ago: covering as much as 40 percent of the additional cost of educating children with special needs. It now pays less than 19 percent, and states and schools must make up a difference of billions of dollars.
"For $10 billion we could fully fund IDEA and get up to that 40 percent cost share," said Rep. Ron Kind (D-Wis.). "It's just a question of priorities." Kind said the administration may ask for an additional $75 billion for Iraq next year and "with just a fraction of that amount we could fully fund IDEA."
Under the new deal, Congress would reach its spending share by 2011, but that is based on yearly increases that are not guaranteed.
Getting the bill to the floor has been a labor. The House passed its version 19 months ago; the Senate approved its bill in May.
The move to reconcile the differences stalled for months. Democrats sought assurances their concerns would be heard. Republicans said the minority party held up the bill so Bush would not be given a pre-election victory.
In recent days, however, House and Senate education leaders have praised one another for their commitment. After negotiators reached terms Wednesday, Sen. Edward M. Kennedy (D-Mass.) said, "In many respects, this is one of the most important undertakings and success stories of this Congress."
An Editorial From the Washington Post
Making Progress Friday,
November 19, 2004,
The Washington PostIT IS A RARE PIECE of legislation nowadays that makes it through the House and the Senate, let alone a House-Senate conference, without ill will, partisan shouting and layers of added pork. For that reason alone, the Individuals With Disabilities Education Improvement Act, now heading toward the House and Senate floors, deserves a moment's attention.
From the beginning, Republicans, Democrats and advocates were all part of the debate about this law, which reauthorizes the federal rules and funding for special education. Staffers for Sen. Judd Gregg (R-N.H.), chairman of the Senate education committee, as well as those working for Sen. Edward M. Kennedy (Mass.), the ranking Democratic member, also solicited the opinions of outsiders who were not part of organized groups, to better understand the real problems faced by students, parents and teachers. Congressional offices on the House side, notably those of Reps. John A. Boehner (R-Ohio) and George Miller (D- Calif.), did the same.
The result is a law that doesn't address every problem with special education but that does grapple with some of the tougher ones. Unlike most education bills, this one involves civil rights issues, namely the right of disabled students to receive appropriate, free education, just like other children. While reinforcing this principle, the law also addresses, for example, the contentious question of whether schools can discipline or expel unruly students with disabilities: they can, but only after an appropriate process and only if they ensure that the special services the child was receiving are not discontinued.
While attitudes cannot be legislated, the law also tries to reduce some of the adversarial tension that has built up between schools and parents in recent years by reducing paperwork, by providing alternatives to litigation and by eliminating some of the more trivial bureaucratic requirements. The law also brings special education in line with the requirements of the No Child Left Behind Act, establishing the qualifications required for special education teachers, providing funding for teachers to get those qualifications if they don't have them already and taking some steps toward establishing alternatives to assess the progress of disabled children.
Ultimately, the test for Congress is not whether this bill finally becomes law, which seems likely, but whether the goodwill surrounding it continues. The special education debate is not over, nor should it be. It is legitimate to ask about the costs of this law, both in terms of time and money; equally, it is legitimate to ask whether schools comply with it because they genuinely believe that special education is worthwhile or because they have to. The answers to both questions will affect the quality of the education all children receive. As different lessons are learned about what works best, for disabled children and for schools, legislators will need to keep the law flexible, and their naturally partisan tempers under control.
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