IDEA

The Latest Scoop
On IDEA Reauthorization!

April 7, 2005

Reauthorization is obviously finished as a legislative process. This will be our last Latest Scoop! You can read all about the process of reauthorization, though, from beginning to end, in the Latest Scoops below.

See previous Scoops.

Developing regulations for the new law is the next step in the federal process. If you would like "reg-watch" with us, visit our Latest Scoop on IDEA Regs! page.

Previous Scoops

• March 23, 2005
• February 1, 2005
• December 20, 2004
• November 22, 2004
• November 18, 2004
• November 17, 2004
• September 30, 2004
• May 17, 2004
• April 21, 2004
• April 9, 2004
• February 6, 2004
• December 12, 2003
• November 13, 2003
• October 20, 2003
• July 28, 2003
• July 1, 2003
• June 27, 2003
• June 13, 2003
• May 23, 2003
• May 21, 2003
• May 2, 2003
• April 23, 2003
• April 15, 2003
• April 8, 2003
• March 26, 2003
• March 19, 2003
• March 13, 2003
• February 25, 2003

March 23, 2005

What the Government Is Up To
The Office of Special Education and Rehabilitative Services (OSERS) is hard at work developing regulations for the IDEA 2004. They hope to have this done within a year. If you're interested in knowing more about the plans they have with respect to assuring effective implementation of the new law, you'll want to read the "Dear Colleagues" letter that is available on OSERS Web site. It's authored by Stephanie Lee, the then-director of the Office of Special Education Programs (OSEP), one of the three branches within OSERS. Find the letter in Word format and in PDF at:
www.ed.gov/about/offices/list/osers/index.html

New Resources on the New Law
In other news on IDEA 2004, you may be interested in connecting with any of the following resources on the law (these are also mentioned in News You Can Use for March 2005):

• The "slip law" is is now available in PDF format and is 162 pages long. That's the Public Law (P.L.) print of P.L. 108-446, the Individuals with Disabilities Education Improvement Act of 2004. We're pleased to offer the PDF file online at NICHCY, at:
  www.nichcy.org/reauth/PL108-446.pdf



• IDEA: Guide to Frequently Asked Questions discusses key definitions, new provisions with respect to highly qualified teachers, funding, private schools, charter schools, new state policies, IEPs, procedural safeguards, discipline, and monitoring and enforcement. Find the guide on the U. S. House of Representatives Web site at:
  http://edworkforce.house.gov/issues/109th/education/idea/ideafaq.pdf



• IDEA 2004: Overview, Explanation & Comparison.
  www.wrightslaw.com/idea/idea.2004.all.pdf
  Courtesy of Wrightslaw, this 56-page article describes the substantive changes to the five key statutes of IDEA 2004 by section and subsection. Text added to IDEA 2004 is in italics. Text deleted from IDEA 97 has been struck through.



• IDEA: Analysis of Change Made by P.L. 108-446.
  www.cec.sped.org/pp/docs/CRSAnalysisofNewIDEAPL108-446.pdf
  The Congressional Research Service, the part of the Library of Congress that serves as the research arm of Congress, has published an 47-page analysis of the new IDEA law.



• A User's Guide.
  www.c-c-d.org/IdeaUserGuide.pdf
  The Consortium for Citizens with Disabilities (CCD) offers this 63-page guide on additions and deletions to IDEA brought about by the 2004 reauthorization and includes relevant information from the Conference Report, which articulates Congressional intent.
  
  
• More from Wrightslaw.
  www.wrightslaw.com/idea/index.htm
  Wrightslaw also makes available a number of other articles on IDEA 2004, including How Will IEPs Change Under IDEA 2004?; IDEA 2004: IEP Team Members & IEP Team Attendance; Requirements for Highly Qualified Special Ed Teachers, and Transition Services for Education, Work, Independent Living.
  
  
• And from the Thompson Publishing Group...
  IDEA: New Expectations for Schools and Students is hot off the press at Thompson. For a mere $149 introductory offer (with discounts for multiple copies), this book is designed as a tool for educators, administrators, school attorneys, school board members, and parents seeking to understand and implement the new law. Call 1.800.964.5815 to order, or read about the book online at:
  www.thompson.com/libraries/education/idea/index.html
  
  

February 1, 2005

• December 20, 2004
  The President signs the new law, and summaries begin to emerge regarding what's new, what's different, and what's the same between the 2004 and the 1997 amendments.



• November 22, 2004
  Congress passes the bill, and it moves on to the President for signature. Read the bill that will become the law.

• #2: Columbus, OH, Thursday, February 3, 2005
  From 3:30 PM to 5:30 PM and from 6:30 PM to 8:30 PM at the Ohio State University in Columbus, Ohio. Address: Ohio State University, School of Education, 384 Arps Hall, 1945 North High Street, Columbus, OH 43210.



• #3, Boston, MA, Monday, February 7, 2005
  From 10:00 AM to 2:00 PM and from 6:30 PM to 8:30 PM at the Sheraton Boston Hotel in Boston, Massachusetts. Address: Sheraton Boston Hotel, Prudential Center, 39 Dalton Street, Boston, MA 02199.



• #4, San Diego, CA, Friday, February 11, 2005
  From 1:00 PM to 5:30 PM and from 6:30 PM to 8:30 PM at the Lindbergh Schweitzer Elementary School in San Diego, California. Address: San Diego City Schools, Lindbergh Schweitzer Elementary School, Schweitzer Campus, 6911 Balboa Avenue, San Diego, CA 92111.



• #5, Atlanta, GA, Tuesday, February 15, 2005
  From 3:30 PM to 5:30 PM and from 6:30 PM to 8:30 PM at Frederick Douglass High School in Atlanta, Georgia. Address: Atlanta Public Schools, Frederick Douglass High School, 225 Hamilton E. Holmes Drive, N.W., Atlanta, GA 30318.



• #6, Laramie, WY, Friday, February 18, 2005
  From 3:30 PM to 5:30 PM and from 6:30 PM to 8:30 PM at the University of Wyoming. Address: University of Wyoming at Laramie, Wyoming Union, 2nd Floor, Laramie, WY 82071.



• #7, Washington, DC, Thursday, February 24, 2005
  From 1:00 PM to 5:00 PM and from 6:00 PM to 8:00 PM at the Academy for Educational Development. Address: Academy for Educational Development, Academy Hall, 1825 Connecticut Avenue, N.W., Washington, D.C. 20009.

Individuals can provide oral and written comments at the meetings; written comments that accompany oral remarks are optional.

Written comments or suggestions can also be submitted electronically to comments@ed.gov or mailed to Office of Special Education and Rehabilitative Services, U.S. Department of Education, 400 Maryland Avenue, S.W., Potomac Center Plaza, Room 5126, Washington, D.C., 20202-2641 by February 28, 2005.

Questions can be directed to OSERS’ main number, 202.245.7468, or, if a telecommunications device for the deaf (TDD) is needed, individuals may call the Federal Information Relay Service (FIRS) at 1.800.877.8339.

A second series of meetings will be held in the spring and summer of 2005 to provide the public an opportunity to comment on proposed regulations developed to implement the Individuals with Disabilities Education Improvement Act (IDEA). Exact cities and locations will be announced as that information becomes available.

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December 20, 2004

What does the new law have to say? The Latest Scoop of November 18, 2004 provided links to the text of the bill. And the Latest Scoop for November 22, 2004 provided connections to press releases, analyses, and summaries of the bill. Since then, many new resources have emerged that tell us what's new, different, or the same in terms of IDEA's requirements. We list several below and thank the developers who have so generously shared their hard work and analyses with us all.

• Summary of the 2004 IDEA.
  www.ndsccenter.org/events.asp#summary
  Courtesy of the National Down Syndrome Congress (NDSC), this summary looks at the IEP process, due process, and discipline.
  
  
• Summary of the new IDEA provisions.
  www.napas.org/publicpolicy/
  Brief_Summary_of_Individuals_with_Disabilities_
  Education_Improvement_Act_of_2004_
  with_Current_Law.pdf
  Courtesy of NAPAS, the National Association of Protection and Advocacy Systems, Inc.



• Summary of the new law.
  www.nichcy.org/reauth/2004IDEASUMMARY-12.04.doc
  Courtesy of the National Committee of Parents and Advocates Organized to Protect IDEA.



• CEC's summary.
  www.cec.sped.org/pp/IDEA_120204.pdf
  Courtesy of the Council for Exceptional Children.



• Let's go section by section.
  www.copaa.org/news/idea04.html
  Courtesy of the Council of Parent Attorneys and Advocates (COPAA), take a look at the Comparison of H.R. 1350 (Individuals with Disabilities Education Improvement Act of 2004) and IDEA ‘97. You can download the entire comparison in PDF, or look at individual comparisons of Parts A, B, C, or D of the law and the new provisions for the National Center for Special Education Research.



• A side-by-side analysis of transition requirements.
  ncset.org/publications/related/ideatransition.asp
  Courtesy of NCSET, the National Center on Secondary Education and Transition. The side-by-side analysis identifies major changes between IDEA 1997 and H.R. 1350 (IDEA 2004) concerning transition services for youth with disabilities.



• And 200 pages from NASDSE.
  www.nasdse.org/
  NASDSE, the National Association of State Directors of Special Education, offers a 200-page side-by-side that compares current law to the amended law signed by President Bush on December 3rd. Individual copies are $15 each; bulk orders of 100 copies or more receive a 15% discount. To order your copy, send a check or purchase order to NASDSE, 1800 Diagonal Road., Suite 320, Alexandria, VA 22314, Attention: C. Burgman. The document is not available in electronic format.

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November 22, 2004

What does the bill contain? The Latest Scoop of November 18th provided links to the text of the bill. We repeat that information below and add a number of links that will take you to press releases and analyses that have emerged over the weekend. We will keep you posted as more and more information becomes available.

The Bill That Congress Passed

• The PDF file of the text appearing in the Congressional Record-House:
  www.nichcy.org/reauth/report11_17_04.pdf



• Text-only version posted at http://thomas.loc.gov/. To access the report, go to the link below. Under the column "Congressional Record," select "This Congress by Date." At the next page, select "November 17 House." You'll get a long list of House activities yesterday. You want #81 (scroll down), called Conference Report on H.R. 1350.



• A clarification noted by Senator Kennedy regarding a sentence that was inadvertently left out of the Conference Report with respect to attorney's fees, which detailed the limited circumstances in which local educational agencies and State educational agencies can recover attorney's fees. Read Senator Kennedy's clarification, at:
  http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2004_record&page=S11655&position=all

Press Releases and Analyses

• News from the Committee on Education and the Workforce, November 19th:
  http://edworkforce.house.gov/press/
  press108/second/11nov/ideapasseshouse111904.htm
  
  
• Issues page, which provides links to such documents as: the Bipartisan House-Senate Conference Report on H.R. 1350; a summary of the bill; and four fact sheets on the bill, entitled (1) Special Education Reform: Supporting Teachers & Schools, Providing New Choices for Parents & Students; (2) Making Special Education Stronger for Students & Parents; (3) Reducing Unnecessary Lawsuits and Litigation in Special Education; and (4) Building on Historic Funding Increases for Special Education. Find the issues page at:
  http://edworkforce.house.gov/issues/
  108th/education/idea/idea.htm



• Analyses of changes in the law, from Wrightslaw:
  www.wrightslaw.com/law/idea/idea04.index.htm
  
  


• Press release from the Council for Exceptional Children (CEC):
  www.cec.sped.org/cec_bn/press1_111904.html
  
  


• Summary of the bill, with analysis, from CEC:
  www.cec.sped.org/pp/IDEA_112304.pdf

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November 18, 2004

What does the bill contain? We haven't had time to analyze that yet (but we will!), so, for the moment, we direct you to the Conference Report online, at:

• The PDF file of the text appearing in the Congressional Record-House:
  www.nichcy.org/reauth/report11_17_04.pdf



• Text-only version posted at thomas.gov. To access the report, go to the link below. Under the column "Congressional Record," select "This Congress by Date." At the next page, select "November 17 House." You'll get a long list of House activities yesterday. You want #81 (scroll down), called Conference Report on H.R. 1350.
  http://thomas.loc.gov

November 17, 2004

So--now we hold our breath and see what happens. We'll keep you posted...

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September 30, 2004

On September 21, the Senate decided that all members of the Senate HELP committee (see below) would sit on the conference committee that will work out the differences between the House and Senate versions of IDEA.

That's half of one critical step toward reauthorization. The other half requires that the House of Representatives select its committee members. Meetings of the conference committee can then be scheduled. No one can predict how soon these activities will take place.

Republicans
Senator Bill Frist (TN)
Senator Mike Enzi (WY)
Senator Lamar Alexander (TN)
Senator Christopher Bond (MO)
Senator Mike DeWine (OH)
Senator Pat Roberts (KS)
Senator Jeff Sessions (AL)
Senator John Ensign (NV)
Senator Lindsey Graham (SC)
Senator John Warner (VA)

Democrats
Senator Edward Kennedy (MA), Ranking Member
Senator Christopher Dodd (CT)
Senator Tom Harkin (IA)
Senator Barbara Mikulski (MD)
Senator James Jeffords (I) (VT)
Senator Jeff Bingaman (NM)
Senator Patty Murray (WA)
Senator Jack Reed (RI)
Senator John Edwards (NC)
Senator Hillary Rodham Clinton (NY)

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May 17, 2004

• Read the vote summary at:
  www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?
  congress=108&session=2&vote=00094



• Read the discussion of the bill on the Senate floor at:
  http://thomas.loc.gov/cgi-bin/query/R?r108:FLD001:S55412

• Attorneys' Fees. The amendment of Senators Gregg (R-NH), Enzi (R-WY), and Grassley (R-IA) on attorneys' fees was agreed to without debate. This amendment provides that school districts can collect fees "if a court finds that the parents' claim is 'frivolous or groundless' or 'brought with improper purpose such as to harass or cause unnecessary delay or needless increase in the cost of litigation.'"



• Paperwork Reduction. Senator Santorum's (R-PA) amendment addressing paperwork reduction also passed. This amendment authorizes the Secretary of Education to approve 15 states to participate in pilot demonstration projects to reduce the amount of paperwork involved in providing special education services. It does not state what "paperwork" will be reduced. The amendment includes a specific provision that states may not waive civil rights and further states 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.



• National Children's Study. Senator Clinton's (D-NY) amendment, which passed, requires the Department of Education to participate in the long-term child development study authorized under the Children's Health Act of 2000. This study attempts to determine the relationship between environmental health factors and the development of disabilities in childhood.



• Homeless and Foster Children. Senator Murray (D-WA) introduced an amendment that will make it easier for schools to provide special education services to homeless and foster children with disabilities. The amendment also addresses some of the issues faced by children with disabilities whose parents are in the military when they move to new schools.



• Funding. Senator Gregg's (R-NH) funding amendment also passed. This amendment authorizes funding that will increase federal funding of IDEA with the goal of paying for 40% of the costs of providing services under IDEA by 2011. These increases are not mandatory--it merely means that the Senate may increase the funding levels.



• Note: The full funding bill of Senators Harkin (D-IA) and Hagel (R-NE) did not pass. Full funding called for mandatory increases of $2.2 billion per year for the next six years.

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April 21, 2004

Senate Floor Action on IDEA Possible in May...

According to the April 8th edition of Congress Daily, Senator Majority Leader Bill Frist (R.TN) plans to bring S. 1248, the Individuals with Disabilities Education Act (IDEA), to the floor during the week of May 10th.

We'll keep you posted...There is a tremendous amount of legislation pending in the Senate, which could interfere with the bill actually coming to the floor.

April 9, 2004

As April begins, a vote on the Senate IDEA Reauthorization bill has still not taken place. While some staff members from the Senate Health Education Labor and Pensions (HELP) committee are predicting that the bill will come to the floor later this month, others are saying that, in their opinion, it is unlikely to reach the Senate floor.

Even if the bill passes the Senate, it must still go to a conference committee, made up of House and Senate members from both parties. There are a limited number of legislative days between now and the end of this 2nd session of the 108th Congress, so it is difficult to speculate about whether there will be a new law during this session. We'll keep you posted!

Note: If you'd like to see the Senate's Calendar and Schedule, it's posted online at the address below. From this page, you can find out what's scheduled for the Senate Floor for the day; view the Senate's Legislative Calendar (which is updated each day the Senate is in session); read the Senate's Executive Calendar (also updated each day the Senate is in session); and plan ahead using the Tentative 2004 Session Schedule for the 108th Congress, 2nd Session (which shows all dates that the Congress plans to be in session and out-of-session). Visit:
www.senate.gov/pagelayout/legislative/
d_three_sections_with_teasers/calendars.htm

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February 6, 2004

Staff members from the Senate Health Education Labor and Pensions (HELP) committee are predicting that the Senate IDEA Reauthorization bill (S. 1248) will come to the floor of the Senate for a vote in March. However, there is still no firm date specified on which the legislation will be considered.

As previously reported, Senate Democrats and Republicans passed a unanimous consent agreement before the first session of the 108th Congress ended last year. This agreement summarizes the conditions under which S. 1248 will be brought to the Senate floor for debate and a vote, namely the subject matter and number of amendments that will be offered. For details, jump to the December 12, 2003 scoop, where the conditions of the consent agreement are presented.

December 12, 2003

On Friday, November 21st, Senate Democrats and Republicans passed a unanimous consent agreement. This agreement summarizes the conditions under which S. 1248 will be brought to the Senate floor for debate and a vote.

The consent agreement allows for four amendments to be offered by the Republicans and four amendments to be offered by the Democrats. While specific language of the amendments is not known, the subject matter will be the following:

Republicans:

1. Senator Gregg (or his designee) may offer an attorney's fees amendment. Speculation is that this amendment will limit the amount that Courts can award parents for attorney's fees when they are "prevailing parties."
2. Senator Gregg (or his designee) may offer a funding amendment. It is anticipated that funding will remain "discretionary." This means that, unlike entitlement programs, Congress is not required to fund the IDEA
3. Senator Gregg (or his designee) may offer a paperwork reduction amendment.
4. Senator Gregg (or his designee) may offer an amendment, the subject of which is not known.

Democrats:

1. Senator Harkin may offer a mandatory full funding amendment
2. Senator Murray may offer an amendment concerning homeless students.
3. Senator Clinton may offer an amendment that would coordinate data between agencies on developmental disabilities.
4. Senator Kennedy (or his designee) may offer an amendment, the subject of which is not known.

Action on the bill will probably take place after January 20, 2004 when the Second Session of Congress begins.

We have posted the text of the unanimous consent agreement, as it appeared in the Congressional Record, at: www.nichcy.org/reauth/consentagree.pdf

November 13, 2003

On November 3, 2003, the Senate IDEA Reauthorization bill (S. 1248) was reported out of the Senate Health, Education, Labor, and Pensions (HELP) Committee. This version of the bill contains some changes from the original bill that was introduced in June. It can now go to the Senate floor for debate and vote.

The next step is for the bill to be debated and a vote taken. It is not yet clear, however, if the bill will actually come to the Senate floor during this session or not. We'll keep you posted!

To read the bill, go to:

http://thomas.loc.gov

Enter S. 1248 in the "Bill Number" box and click on "Search." Results will list two bills. Click on the link to the second bill, called the RS version ("Reported in Senate"). This will take you to a page where you can read either the PDF file of the bill or a "printer-friendly" version.

Either version may initially look a little confusing. Both start with all the text crossed out. So where's the new version of the bill, if there's a line through all the text or the words "struck out?" In the PDF version, go to page 372. That's where the text of the latest S. 1248 begins. In the "printer-friendly" version, scroll down to approximately midway through the file. You're at the new version when the italicized text begins and the words "struck out" stop appearing.

October 20, 2003

The wheels appear to have slowed on reauthorization. Lawmakers returned to Washington D.C. in September with a full agenda. There is still no word on when S. 1248, the Senate bill for the reauthorization of IDEA, will be brought to the Senate floor.

The bill that is ultimately introduced will be different from the current version – it is called a “substitute” bill. The substitute bill is not available to the public nor is there any official information on what will be different about it.

So stay tuned---we'll let you know when something "reauthorization" happens!

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July 28, 2003

Senate staff members are continuing to work on S.1248, primarily to make technical corrections. (This generally means that the corrections being made do not change the substance of a bill.) Currently, the "word" is that S.1248 will come to the floor of the Senate for a vote in September.

On July 22, the Senate Republican Policy Committee (which is a group of Republican Senators that meets regularly to discuss policy issues) chaired by Senator Jon Kyl (R-AZ) released a paper entitled Disabled Children May Be Left Behind if IDEA Law Becomes an Entitlement. This document outlines the RPC's stance on IDEA reauthorization, emphasizing how IDEA may be viewed within the context of the Bush administration's education agenda. The document may be found at http://rpc.senate.gov/ releases/ 2003/ ed072203.pdf.

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July 1, 2003

More on the Senate Bill
On Wednesday, June 25 the Senate Health, Education, Labor, and Pensions (HELP) committee unanimously approved S. 1248, the bill reauthorizing the Individuals with Disabilities Education Act (IDEA). The Committee members offered no amendments during the committee mark-up. However, this bill, called the substitute bill, included provisions that modified the bill originally introduced into the Senate. The new provisions were compromises over issues that had been brought up by advocates after the Senate bill was initially introduced.

During the committee mark-up, several Senators said that they would offer amendments when the bill comes to the floor of the Senate. Senator Clinton talked about an amendment that would use IDEA funds for prevention. Senator Mikulski said she is concerned about the lack of a provision for mandatory full funding.

Some of the highlights of the substitute Senate Bill include:

1. A requirement that schools provide behavior interventions and supports for students whose behavior interferes with learning. These should be considered when developing the student's Individualized Education Program (IEP).

2. New language that requires that, after a child turns 14, appropriate measurable postsecondary goals are included in the IEP based upon age-appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills.

3. A requirement that IEP teams conduct a manifestation determination for students who violate a school code of conduct to determine whether the behavior was the result of a disability.

4. The removal of benchmarks and short-term objectives from the Individual Education Program (IEP). The bill provides for the IEP to include measurable annual goals and a statement of how the child's progress toward the annual goals will be measured.

5. A requirement for a preliminary meeting between school officials and parents within 15 days after parents file a request for a due process hearing to attempt to resolve the dispute.

6. Development of a three year transition IEP for students who are 18 years old, with parental consent, if appropriate.

The bill now goes to the Senate floor for possible amendments and a vote. This will happen after the July 4th recess. After the Senate passes its bill, a committee of members of both the House and Senate, called the conference committee, will meet to resolve differences between the House bill and the Senate bill.

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June 27, 2003

This week the Senate Committee on Health, Education, Labor, and Pensions (HELP) marked up and passed S.1248 by a vote of 21-0. This version of a reauthorized IDEA moves now to the floor of the Senate for discussion and vote. To read S. 1248, go to:

http://health.senate.gov/bills/013_bill.html

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June 13, 2003

A Senate version of proposed IDEA legislation is now available!

Yesterday, the Senate Committee on Health, Education, Labor and Pensions (HELP) introduced a proposed Reauthorization of the Individuals with Disabilities Education Act. The proposed bill is Senate Bill Number: S1248. To access the proposed bill, go to: http://health.senate.gov/ bills/ 013_bill.html

To Comment on the Bill:

The HELP committee invites comments on the proposed bill through email, fax, or the feedback meetings they have scheduled. Here's how, where, and when:

• Emailing. Note that the email address will only be available from Thursday, June 12, 2003 through Friday, June 20, 2003. Email the Committee using the subject line "Annie and Connie — IDEA Reauthorization Feedback." The email address is: idea_feedback@labor.senate.gov.

• Fax. Note that fax number will only be available from Thursday, June 12, 2003 through Friday, June 20, 2003. Send your comments via fax to: 202.228.0929. Title the subject line: "Annie and Connie — IDEA Reauthorization Feedback."

• Feedback meetings. As promised, the Committee will be conducting bipartisan feedback meetings to give groups and individuals the opportunity to comment on the bill. Meetings will be scheduled in 20-MINUTE INTERVALS, from 10:00 am — noon, and 1 pm — 6 pm on the following days:

Monday, June 16, 2003
Tuesday, June 17, 2003
Wednesday, June 18, 2003
Thursday, June 19, 2003

The meetings will be held in the HELP Committee Conference room, 428 Dirksen Senate Office Building.

To schedule a meeting:

1. Contact Aaron Bishop at: idea_feedback@labor.senate.gov. In the subject line of the email, type: "Aaron - IDEA Feedback Meeting." Bishop may also be contacted at: 202-224-6770.

2. Request a specific date and time for your meeting.

3. Provide the number of people attending, group/organization name, and contact information (email address and phone number) for the person scheduling the meeting.

4. Bishop will confirm the meeting via email/phone or contact you to re-schedule.

The HELP Committee encourages groups with similar interests to schedule meetings together, if possible. Meeting times will be scheduled on a first-come/first-serve basis, and the 20-minute time limit will be strictly enforced.

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May 23, 2003

On May 22, 2003, staff members from the offices of Senator Judd Gregg (R.NH) and Senator Ted Kennedy (D.MA) met with representatives from national disability organizations to report that a bill to reauthorize IDEA would not be introduced in the Senate until after the Memorial Day recess, probably on June 2.

As was mentioned in the May 21, 2003 news, the Congress now goes into a recess for the Memorial Day weekend. Most members of the Senate will be returning to their home states. This is a good time for constituents to contact them with suggestions, concerns, or voting preferences. To identify the contact information for the state offices of one's Senators (each state has 2), the Internet is a ready and helpful tool. Visit NICHCY's State Resource Sheets, which offer links to Senators' home pages on the Web, or visit the U.S. Senate, which offers similar links.

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May 21, 2003

Official Congressional activities on IDEA's reauthorization have largely moved on to the Senate since our lengthy report of May 2, 2003. Senate staff members remain hopeful that their bill to reauthorize IDEA will be introduced before the Senate leaves for the Memorial Day recess, which is May 26 through May 30th. The Senate reconvenes on Monday, June 2nd.

During the recess, most members of the Senate will be returning to their home states. This is a good time for constituents to contact them with suggestions, concerns, or voting preferences. To identify the contact information for the state offices of one's Senators (each state has 2), the Internet is a ready and helpful tool. Visit NICHCY's State Resource Sheets, which offer links to Senators' home pages on the Web, or visit the U.S. Senate, which offers similar links.

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May 2, 2003

On April 30, 2003, the House of Representatives approved H.R. 1350, "The Improving Education Results for Children with Disabilities Act," by a vote of 251 to 171. The Senate is still drafting its version of the bill, which may be introduced later this month.

Features of the bill passed by the House include:

• Parents of special education students who attend low-performing schools would be allowed to use federal special education money to buy private tutoring.

• The federal share (meaning, the amount that the federal government pays toward the costs of special education) would increase to 40% within seven years (by the year 2011). However, these increases would not be guaranteed but, rather, subject to the annual appropriations process.

• School districts would be allowed to offer parents the option of choosing a 3-year "Individualized Education Plan" (IEP) for their children with special needs, rather than having a new IEP crafted every year as is required under the current IDEA.

• Schools would be allowed to expel or suspend a special education student for violating a school's code of conduct, and they may do so without first determining whether the behavior was linked to the student's disability.

• Local school districts would have new flexibility and resources to improve early intervention and reduce misidentification of children for special education.

• Governors would be allowed to limit the amount that states pay the lawyers of parents who win cases forcing local schools to pay for additional services.

Several amendments to the bill were defeated. These include:

• The amendment requiring the federal government to fund 40% of special education costs

• The amendments that would allow children with disabilities to attend private school using public monies.

IDEA reauthorization now moves to the Senate.

To read the text of the bill, as passed by the House--

Go to: http://thomas.loc.gov/. At the top left, you'll see a box where you can "Search Bill Text 108th Congress (2003-2004)." In the box labeled "Bill Number" enter HR 1350. Press SEARCH.

The results page will present you with the three versions of the bill to date. The last version (#3), marked as "(Engrossed as Agreed to or Passed by House)[H.R.1350.EH]" is the bill just passed by the House. Click on the hyperlink under [H.R.1350.EH], and you'll go to the bill.

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April 23, 2003

IDEA Activities
As reported below (April 15th scoop), The House of Representatives will soon vote on the proposed bill known as H.R. 1350, "Improving Education Results for Children with Disabilities Act." It is believed that this vote will take place on April 29th or 30th.

If you're interested in knowing more about public reaction to the proposed legislation, here are some resources:

• The National Association of Protection and Advocacy Systems (NAPAS) has developed an analysis of proposed changes to IDEA as a side-by-side table comparing the current law with the proposed bill. This analysis is available in PDF format at: www.wrightslaw.com/news/2003/idea.house.sidebyside.napas.pdf

• Several disability groups, including the Arc, LDA, the National Down Syndrome Congress, NAPAS, Easter Seals, and CHADD, have announced Tuesday, April 29, 2003 as the "National Call-in, Write-in, and Visit Your Representative" Day. News of this event is available at: www.wrightslaw.com/nltr/03/al.0421.htm

• The American Association of School Administrators offers its review at: www.aasa.org/NewsManager/anmviewer.asp?a=3962&z=3

• The Council for Exceptional Children (CEC) offers its review at: http://www.cec.sped.org/

Other Education-Related Activities
In separate action that is not directly related to IDEA's reauthorization but that may be of interest to the disability community, the Department of Education has proposed a re-vamp of the current ERIC system of 16 clearinghouses and their services (available at: www.eric.ed.gov/). Public comment is requested on the proposal. Read more in NICHCY's "News You Can Use."

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April 15, 2003

The U.S. House of Representatives Committee on Education and the Workforce voted on Thursday, April 10 to send H.R. 1350, "Improving Education Results for Children with Disabilities Act," to the House floor. This means that the proposed bill will be voted on by every member of the House of Representatives, probably when Congress comes back after the Easter break. Often, amendments are added while the bill is being debated and voted upon by the full House.

Several amendments were passed during the Committee mark-up. These include:

• Attorney Fees: This amendment will give the Governors of each state the authority to determine rates for awarding fees to attorneys who represent children with disabilities in special education cases.

• Community Parent Resource Centers: The committee voted to restore the Community Parent Resource Centers (CPRC) to the bill. The bill that had been introduced eliminated CPRCs. These Centers provide information and training to underserved parents of students with disabilities, including low-income parents, parents with limited English proficiency, and parents who have disabilities.

• Psychotropic Medication: This amendment prohibits schools from requiring students to obtain prescriptions for "controlled substances" as a condition for receiving services.

• Migrant Children: Under this amendment, the local educational agency would be required to cooperate with the Secretary of Education's efforts to ensure transfer of health and educational records of migrant students with disabilities.

• Limited English Proficient Children: This would require the federal government to conduct a study of how well limited English proficient children are being served under IDEA.

Some of the amendments that were defeated include:

• Amendment requiring mandatory full funding of IDEA

• Amendment to restore the "manifestation determination" that is currently part of the law. The manifestation determination requires Individualized Education Program (IEP) teams to determine whether a student's behavior is related to his or her disability for the purpose of discipline.

To find out how the individual representatives voted, go to: http://edworkforce.house.gov/ markups/ 108th/ fc/ hr1350/ 410rc6.htm. This Web site also provides copies of the amendments that were passed. To read the entire bill that was passed by the full committee, that is formally called Amendment in the Nature of a Substitute to H.R. 1350, go to http://edworkforce.house.gov/ markups/ 108th/ fc/ hr1350/ 410a1.pdf.

At the present time, there is still opportunity for Members of the House to change the bill. One factor contributing to the possibility of amendments to the bill as it currently stands is that Representatives will be back in their districts during Easter break. This is when those affected by the bill often voice their opinions. These opinions are important to the Representatives, because these constituents are the people who elect them.

After the Easter break, the bill will be scheduled to come up in the full House of Representatives. At that time, it will probably be debated, and a vote will be taken in the House of Representatives and, most likely, the House bill will be passed.

What happens then?

A bill to reauthorize IDEA must also be passed in the Senate before any further action on the House bill can be taken. The Senate bill to reauthorize IDEA has not yet been introduced. It must go through a process in the Senate similar to the one described above for the House bill.

After bills to reauthorize IDEA are passed in both the Senate and the House, the proposed legislation will go to the Conference committee. This is where a committee of Members of the Senate and the House (chosen by their respective parties) work out the differences in the two bills so agreement can be reached on the final bill. Amendments may be introduced or portions of the bills can be eliminated at that time. Thus, the Conference committee will likely make changes to the proposed legislation before final agreement is reached.

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April 8, 2003

The Bill Goes into Mark Up

On Wednesday, April 9th, the Committee on Education and the Workforce of the House of Representatives will mark up HR 1350, the Improving Educational Services for Children with Disabilities Act.

On April 2nd, a subcommittee of the full committee (called the Subcommittee on Educational Reform) met and passed the "Chairman's Mark." The "Chairman's Mark" is the originally introduced bill with changes that the Subcommittee or Committee Chairman has made since the bill was originally introduced.

View the changes to the bill at http://edworkforce.house.gov, or click on this link: http://edworkforce.house.gov/ markups/ 108th/ edr/ hr1350/ 42main.htm.

This process of mark up will be repeated on April 9th with the full committee.

Summary of the Changes:.

At the subcommittee mark up on the 2nd of April, the bill was changed by the Subcommittee Chairman in the following ways:

• The bill allows schools to consider the "totality of the circumstances" when a child with a disability violates the school's code of student conduct.

• The bill requires schools to continue writing benchmarks and short-term objectives until the 2005 school year.

• The bill allows the Secretary to establish other indicators on which to judge the performance of States and establishes a system of consequences for non-compliance with the Act. The Secretary is now required to take certain actions for continued non-compliance with the Act.

• The bill establishes a National Center for Special Education Research at the Institute for Education Sciences to carry out special education research.

In a separate amendment, the subcommittee included language that says that an officer or employee of the federal government cannot direct, require, or prohibit any State, local educational agency, IEP Team, or school in the use of specific instructional content, assessment tools or strategies, or program of instruction.

According to staff, the bill is likely to go to the floor of the House of Representatives for a vote some time after Easter.

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March 26, 2003

Action on IDEA
Disability groups around the country are reacting to the bill introduced on March 19th as "The Improving Education Results for Children with Disabilities Act" — HR1350. The bill appears to be on a "fast track," which means that it may move quickly through the House. To learn more about the bill and the actions being taken in response, you may wish to visit the Council for Exceptional Children (at: www.cec.sped.org/ pp/) or CAUSE (at www.causeonline.org).

To read a brief overview of some of the bill's features and find out what happens next legislatively, take a look at a March 26, 2003 Summary of HR1350. DREDF also offers a summary of the bill, at: http://www.dredf.org/ briefing21.html.

Other Bills of Interest
Also of interest are a number of other bills that are moving through the House and Senate and that are interrelated with the reauthorization of IDEA. These include:

• HR 1373 (DeMint, R-SC), the "Improving Parental Choice for Students with Disabilities Act," to provide options to States to innovate and improve the education of children with disabilities by expanding the choices for students and parents under IDEA. See the press release at: www.demint.house.gov/ news/ 2003/ 032003_pr.htm.

• HR 1398 (McCollum, D-Minn.), to amend the IDEA to fully fund 40% of the average per-pupil expenditure for programs under Part B.

• HR 1390 (Davis, D-CA), to establish a pilot program to encourage certification of teachers in low-income, low-performing public elementary and secondary schools by the National Board for Professional Teaching Standards.

Among other actions, the Senate has:

• Approved (by a vote of 89 to 10) Gregg Amendment #377, to increase funding for Part B of IDEA by reducing spending on other government programs by a commensurate amount, and

• Rejected (by a vote of 47 to 52) Conrad Amendment #376, to provide full funding for IDEA Part B grants over the next ten years by reducing tax breaks for the wealthiest taxpayers.

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March 19, 2003

Led by Education Reform Subcommittee Chairman Mike Castle (R-DE), Republican members of the U.S. House Committee on Education and the Workforce formally announced plans to introduce legislation that would renew and reform the 1975 Individuals with Disabilities Education Act (IDEA). According to the press release issued by the House of Representatives, the Improving Education Results for Children with Disabilities Act calls for reforms to:

• strengthen accountability and results for students,

• reduce the IDEA paperwork burden for teachers,

• provide greater flexibility for local school districts to improve early intervention strategies,

• reduce the number of children who are wrongly placed in special education classes,

• reduce litigation and restore trust between parents and school districts, and

• align IDEA with the bipartisan No Child Left Behind Act signed by President Bush in January 2002.

Read a summary of the bill at: http://edworkforce.house.gov/ press/ press108/ 03mar/ idea031903.htm.

To read the bill itself, go to http://thomas.loc.gov/. At the top left, you'll see a box where you can "Search Bill Text 108th Congress (2003-2004)." In the box labeled "Bill Number" enter HR 1350. Press SEARCH.

The results page will present you with the bill's table of contents and, above that, the choices to view the:

• "GPO's PDF version of this bill"
• References to this bill in the Congressional Record
• Link to the Bill Summary & Status file, and
• Printer Friendly Display

House Republicans have also crafted a number of "companion bills" to strengthen special education results for students in conjunction with the Improving Education Results for Children with Disabilities Act.

• Rep. Jim DeMint (R-SC) will introduce an IDEA school choice bill on Thursday, March 20, 2003 aimed at promoting greater education choice for parents with children who have special needs.

• Rep. Joe Wilson (R-SC) has introduced legislation to address the growing shortage of special education teachers by dramatically expanding federal student loan forgiveness for Americans who teach math, science, or special education in disadvantaged schools. The Wilson bill was originally proposed by President and Mrs. Bush, and is included in the President's FY2004 budget proposal.

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March 13, 2003

The Subcommittee on Education Reform in the House of Representatives held a hearing on "IDEA: Focusing on Improving Results for Children with Disabilities. "The hearing lasted one hour and 55 minutes, with four witnesses providing testimony to the Subcommittee. These were:

• Dianne Talarico, Superintendent of Canton City School District in Ohio;

• Harriet P. Brown, Director of ESE Policy and Procedures, Orlando, Florida;

• Dr. Douglas Carnine, Director of the National Center to Improve the Tools of Educators (NCITE); and

• Dr. Larry Lorton, Superintendent of Caroline County School District in Maryland.

Their testimony, and the opening statement of Chairman Michael N. Castle, is available on-line at: http://edworkforce.house.gov/ hearings/ 108th/ edr/ idea031303/ wl31303.htm. For approximately eight weeks, a video archive of the hearing will also be available on-line at: http://edworkforce.house.gov/ hearings/ hrgarchive.htm.

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February 25, 2003

The United States Department of Education released principles for reauthorizing the IDEA. These principles are intended to guide the Department of Education in its work toward reauthorization. As such, they are important for those interested in reauthorization to know. For the press release outlining the principles, visit: www.ed.gov/ PressReleases/ 02-2003/ 02252003.html.

• Back to Reauthorization News!
• What's Reauthorization All About?
• Sources of Other Information on Reauthorization
• Committee on Reauthorization

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