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Recent Legislative Developments on IDEA, The AT Act and John Hager
September 22, 2004

To: NRA Members and Members of the NRA Legislative Network
From: Patricia Leahy, Director of Governmental Affairs

For those who read on the run, this legislative update deals with the appointment of Senate Conferees to the Senate IDEA bill; the Senate confirmation hearing of the new, presumptive Assistant Secretary of the Office of Special Education and Rehabilitation Services (OSERS), John Hager who we are told has bipartisan support; and the optimistic outlook for the Assistive Technology Act to be reauthorized in this Congress.

Earlier this evening, Senate Hill staff confirmed the appointment of Conferees (Members of Congress) to the Senate IDEA bill.

True to tradition, all Members of the Senate Health, Education, Labor and Pensions (HELP) Committee were appointed Conferees. These Senators include: Senator Judd Gregg (R.N.H.), the Chairman, and Ranking Democrat Senator Edward Kennedy (D.MA.).

Senators on the HELP Committee, in addition to the Chairman Gregg and Ranking Democrat Kennedy, include, in order of their seniority on the Committee:

Republicans: Senator Bill Frist (R.TN.) who also serves as the Senate Majority Leader; Senator Michael Enzi (R.WY.); Senator Lamar Alexander (R.TN.); Senator Christopher Bond (R.MO.); Senator Mike DeWine (R.OH.); Senator Pat Roberts (R.KS.); Senator Jeff Sessions (R.AL.); Senator John Ensign (R.N.V.); Senator Lindsay Graham (R.S.C.); and Senator John Warner (R.VA.).

Democrats: Senator Christopher Dodd (D.CT.); Senator Tom Harkin (D.IA.); Senator Barbara Mikulski (D.MD.); Senator Jeff Bingaman (D.N.M.); Senator Patty Murray (D.WA.); Senator Jack Reed (D.R.I.); Senator John Edwards (D.N.C.); and Senator Hillary Rodham Clinton (D.N.Y.) and Independent James Jeffords (I.VT.).

Once the House Conferees are appointed, the two bills are to be reconciled in Conference. Because days are dwindling in the Second Session of the 108th Congress (I believe the adjournment target date is set for October 7), there is little likelihood that these considerably contrasting bills could be reconciled in such an abbreviated time frame.

That said, should a lame duck session of Congress follow the November elections, which at this time is likely, more time would be afforded Conferees in which to reconcile their differences on these distinctly-different bills. A detailed description of both bills will follow in a forthcoming Washington Wire.

Senate Hill staff have also confirmed that Mr. John Hager, on whom a Washington Wire was done on June 2 of this year, is expected to be confirmed tomorrow in Executive Session by the Senate to be the next Assistant Secretary of the Office of Special Education and Rehabilitation Services (OSERS). Mr. Hager served as Lt. Governor under then-Governor of Virginia, Jim Gilmore (R.VA.). We are attaching the June 2, 2004, Washington Wire on Mr. Hager for your information.

Regarding the issue of the reauthorization of the Assistive Technology Act, we are pleased to report that Hill staff has confirmed that the House and Senate versions of the AT Act have been reconciled absent a Conference Committee and both bills, H.R. 4278 and S. 2595, are now identical, which of course, is necessary for the bill(s) to pass their respective Floors and then be sent on to the President for signature into law.

First and foremost, Hill staff have confirmed that the Tech Act projects will not be sunsetted. We are further advised that each State will receive an additional State minimum of $410,000; the bill further requires that the focus of the legislation will be to provide device demonstration, equipment loan, device reutilization/recycling and financing systems such as low interest loans. There will also be a secondary focus on outreach, public awareness, training and technical assistance.

We are advised by Hill staff that the legislation will focus on students with disabilities and individuals with disabilities transitioning to community living. This focus aligns the AT Act with recent federal priorities, including the Individuals With Disabilities Education Act (IDEA); the Workforce Investment Act (WIA) and the Americans With Disabilities integration mandate in Olmstead.

Because there is no official announcement from the HELP Committee of what is actually in the AT reauthorization bill, in the interest of clarity, we must say that all information on substance of the reauthorization of the Tech Act is subject to an official announcement by the HELP Committee. Once that announcement has been made, we will provide an indepth description of the AT Act based on Hill accounts.

At this time, all is quiet on the WIA front, except that the Labor-HHS-Ed Appropriations bills did include language that prohibits any changes in Title I of WIA until WIA is reauthorized. The House Committee Report on the Labor-HHS-Ed bill (Rept. No. 108-636) states: "The Committee directs the Department [of Labor] to take no action in fiscal year 2005, to amend, through regulatory or other administration action, the definition established in 20 CFR 667.220 for functions and activities under Title I of the Workforce Investment Act until such time as legislation reauthorizing the Act is enacted."

All information on substance on the AT Act is current as of this date and time and could change (and certainly expand) in a nanosecond once the Senate HELP Committee issues its description of the AT Act.

We are attaching today's edition of the Congressional Quarterly regarding the appointment of Senate Conferees to the IDEA bill.

CQ TODAY – (EDUCATION)
Sept. 21, 2004 – 10:39 p.m.
Daschle’s Blessing Allows Conference on IDEA Reauthorization Measure to Proceed By Bill Swindell, CQ Staff

After four months of wrangling, the Senate agreed Tuesday night to enter into conference negotiations with the House on legislation that would reauthorize the main federal program for the nation’s 6.6 million disabled students.

Senate Democrats had refused to agree to a unanimous consent request to go to conference with the House on legislation (Error! Hyperlink reference not valid.) to reauthorize the Individuals with Disabilities Act until they received assurances they would have a meaningful role in crafting the final bill. The Senate passed the measure May 13 by a 95-3 vote.

The breakthrough came after Senate Minority Leader Tom Daschle, D-S.D., signed off on an agreement for conference negotiations reached between Judd Gregg, R-N.H., and Edward M. Kennedy, D-Mass., the chairman and ranking member, respectively, of the Senate Health, , Labor and Pensions (HELP) Committee. Gregg and Kennedy are the main sponsors of the Senate bill.

Every HELP Committee member has been appointed as a Senate conferee. The House is expected to name its conferees soon.

Kennedy had fought for significant input in the GOP-led conference on issues such as teacher qualifications, procedural safeguards for students, and federal enforcement actions to ensure that states uphold the law, more commonly known by its acronym, IDEA. “I’m confident that this will be a very, very successful conference,” said Senate Minority Whip Harry Reid, D-Nev.

The law (PL 105-17) — first enacted three decades ago and last rewritten seven years ago — is as much a civil rights law as an package. It guarantees that special-needs children are able to obtain a free public in the “least restrictive environment.” The IDEA measure also is the vehicle for billions of dollars in federal assistance to states and school districts, with $10.1 billion allocated in fiscal 2004.

The Senate bill has a few significant differences compared to a House-passed version. The House passed its bill in April 2003 by a 251-171 vote. The Senate bill maintains a requirement in the law that school officials consider whether a disciplinary infraction resulted from a student’s disability. The House bill requires no such determination.

The Senate bill would give parents a two-year time limit to file lawsuits against schools for not providing services required under the law, while the House bill would provide a one-year time limit. The Senate bill also would allow up to 15 states to apply for a waiver to reduce the paperwork educators are required to file under the law. The House would allow 10 states to apply for such a waiver. Senate Democrats have blocked two other bills — a charitable giving measure (Error! Hyperlink reference not valid.) and the reauthorization of the Workforce Investment Act (Error! Hyperlink reference not valid.) — from going to conference with the House because of similar concerns that their views would be disregarded during final negotiations.

But lawmakers and aides said the IDEA bill had the best chance of the three for clearing Congress this year because Gregg and Kennedy had conducted a sober and respectful debate that contrasted with previous, more divisive IDEA reauthorizations. Aides said the two lawmakers were mindful of demands placed upon parents and teachers of special-needs children and kept partisan sparring at a minimum.

In addition, (education groups such as the American Association of School Administrators and the National School Boards Association pressured Daschle and Majority Leader Bill Frist, R-Tenn., to reach an agreement to send the bill into conference.)

Washington Wire June 2, 2004
President Bush Announces His Intention to Nominate John Hager to be Assistant Secretary of OSERS

To: Members of the Legislative Network
From: Patricia Leahy, Director of Governmental Affairs

President Bush has announced his intention to nominate John Hager of Virginia to be the next Assistant Secretary of the Office of Special Education and Rehabilitative Services (OSERS).

Because the days are dwindling in the Second Session of the 108th Congress, Mr. Hager may receive a 'recess' appointment, which we are told is limited to one year or until the end of the Presidential term. A 'recess' appointment, as you may know, is one which is made by the President during the time the Congress is not in session.

Like the Commissioner of the Rehabilitation Services Administration, the Assistant Secretary of the Office of Special Education and Rehabilitative Services is traditionally one that requires Senate confirmation.

Mr. Hager -- should he be nominated -- would succeed Dr. Robert Pasternack who has transitioned to an Executive position with Maximus, the firm that administers the Ticket To Work for the Social Security Administration. In the interim, Mr. Troy Justesen continues to serve as the Acting Assistant Secretary.

Until recently, Mr. Hager served Virginia in the position of Assistant to Governor Mark Warner for Commonwealth Preparedness. In this capacity, Mr. Hager carried front-line responsibility for leading and coordinating safety and security in Virginia's fight against terrorism.

Mr. Hager was elected to the position of Lieutenant Governor of Virginia under then-Governor James S. Gilmore (R.VA.) and served in that capacity for four years.

As Lieutenant Governor of Virginia, Mr. Hager was a strong proponent of better education, improved transportation and smaller, more efficient government.

As the Chairman of the Virginia Disability Commission, Mr. Hager became knowledgeable about the issues, concerns and challenges that face individuals with disabilities in pursuing employment, independence and inclusion in their communities.

Mr. Hager graduated from Purdue University with a degree in mechanical engineering and from Harvard University with an MBA. He served in the U.S. Army and the Army Reserve, rising to the rank of Captain.

Mr. Hager was formerly the Executive Vice President of the American Tobacco Company. Following a near-fatal bout with polio, Mr. Hager rebuilt his life and career. He retired in 1994 as Senior Vice President of Leaf and Specialty Products.

Mr. Hager continues to be active in civil matters in Virginia and served as President and/or Chairman of more than 30 boards and commissions in Virginia.

We will keep you advised on the progress of the President's intention to appoint Mr. Hager to this important position, as that progression becomes known to us.

Patricia Leahy
Director of Governmental Affairs National Rehabilitation Association
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Alexandria, VA 22314
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The National Rehabilitation Association (NRA) is a member organization whose mission is to promote ethical and excellent practice in rehabilitation.