IDEA Reauthorization Heads to Conference - Women's Congressional Policy Institute

On May 13, the Senate approved, 95-3, a bill (S. 1248) to reauthorize the Individuals with Disabilities Education Act (IDEA)(P.L. 105-17). The Senate Health, Education, Labor, and Pensions Committee approved the measure on June 25, 2003 (see The Source, 6/27/03). The House approved its version of the bill (H.R. 1350) on May 1, 2003 (see The Source, 5/2/03).

Sponsored by Sen. Judd Gregg (R-NH), the Individuals with Disabilities Education Improvement Act of 2003 would reduce paperwork, cut down on misidentification of disabilities in children, encourage mediation and arbitration to reduce litigation, and clarify student discipline measures.

Under current law, schools are allowed to remove students from the classroom for up to 45 days only for serious offenses, such as the possession of a weapon. S. 1248 would add serious bodily injury to the suspension list. If a parent chose to dispute a discipline decision, he or she would be granted a hearing within 20 days.

The measure also would clarify that special education teachers in middle and high schools do not have to be certified in every subject they teach if they serve as a consultant to the regular classroom teacher.

During consideration of the bill, the Senate approved, 96-1, an amendment by Sen. Gregg that would authorize $12.4 billion for IDEA grants to states 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 FY2011.

Sen. Tom Harkin (D-IA) offered an amendment that would have authorized $13.3 billion and appropriated $2.2 billion for FY2005; authorized $14.5 billion and appropriated $4.4 billion for FY2006; authorized $16.7 billion and appropriated $6.6 billion for FY2007; authorized $18.9 billion and appropriated $8.8 billion for FY2008; and authorized $21 billion and appropriated $11 billion for FY2009. Democrats were unable to garner the 60 votes required to waive a budget point of order, and the amendment was defeated, 56-41.

The Senate approved the following amendments by unanimous consent:

an amendment by Sen. Hillary Rodham Clinton (D-NY) that would require the Department of Education to participate in the long-term child development study authorized under the Children’s Health Act of 2000 (P.L. 106-310);
an amendment by Sen. Gregg that would provide that state or local education agencies may be awarded attorney’s fees in those cases where the parent’s case is “frivolous, unreasonable, or without foundation, or the parent continued to litigate even after it became clear that the case was frivolous” or if the parent’s complaint was “presented for any improper purpose”; and
an amendment by Sen. Patty Murray (D-WA) that would ensure that children with disabilities who are homeless, are wards of the state, are in military families, or move to new school districts have access to special education services.

Highlighting the importance IDEA, Sen. Orrin Hatch (R-UT) stated, “All students identified for special education present unique challenges. These are students with specific learning disabilities that are mild to moderate. Of these, many will be successfully educated and have futures filled with higher education or specialized technical training, careers, and families. Even many of the students with profound, significant disabilities will become wage earners, thanks to a great nation that understands and upholds the right of all students to an education.”

Sen. Blanche Lincoln (D-AR) agreed. “Every single child’s learning experience is impacted by their community and school environment. Let us not forget that children with disabilities contribute an extraordinary amount to that learning environment. Students with disabilities deserve every opportunity to achieve educational success so that they can take on productive jobs and lead independent lives. IDEA is a critical law in ensuring that these opportunities are available, and I believe the bill before the Senate today will help educators, parents, and students achieve success in the classroom and beyond.”