On November 19, the House approved, 397-3, the conference report for a bill (H.R. 1350) to reauthorize the Individuals with Disabilities Education Act (IDEA)(P.L. 105-17). At press time, the Senate was expected to approve the measure as well, sending it to the White House for President Bush’s signature. The House approved its version of the bill on April 30, 2003 (see The Source, 5/2/03), while the Senate approved its version (S. 1248) on May 13, 2004 (see The Source, 5/14/04).
The final measure authorizes $12.4 billion in FY2005, $14.6 billion in FY2006, $16.9 billion in FY2007, $19.2 billion in FY2008, $21.5 billion in FY2009, $23.8 billion in FY2010, and $26.1 billion in FY2001.
Under current law, schools are allowed to remove students from the classroom for up to 45 days only for serious offenses, such as possession of a weapon or drugs. The final measure adds serious bodily injury to the suspension list.
In an effort to reduce paperwork, the final bill authorizes a 15-state demonstration program that will allow parents to develop a three-year individualized education plan (IEP) for their child. Participation in the demonstration program will be voluntary, and parents may withdraw from the multi-year IEP at any time. Currently, the IEP is developed on a yearly basis.
Additionally, school districts will be allowed to use up to 15 percent of their IDEA funds for prereferral services for children before they are identified as needing special education. Schools with significant overidentification of minority students as disabled will be required to provide prereferral services to reduce overidentification.
The measure requires a “highly qualified teacher” to be fully certified in special education or to have passed a state special education licensure exam, to have a bachelors degree, and to demonstrate subject knowledge.
