IEPs: In
the name of decreasing “burdensome paperwork” and helping “caring
parents and paperwork-weary teachers,” the bill provides, as an option to
parents, 3 year IEPs instead of annual IEPs.
If this bill is enacted, IEPs will contain short-term objectives only
through the 2004-05 school year. After
that, they will set only annual goals for the 3-year period, except for
students who are assessed using alternate assessments.
On April 29, 2003, Congressmen
Mike Castle (R-DE), Chairman of the House Education Reform Subcommittee
Workforce Committee, and John Boehner (R-OH), Chairman of the full House
Education and the Workforce Committee, issued a “fact sheet” addressed
“Dear Republican Colleague” intended to correct ”inaccurate
information” being disseminated by disability advocacy groups.
As a rationale for adoption of 3-year IEPs and elimination of
benchmarks and short-term objectives, the Congressmen stated,
The crushing paperwork burden associated with the IDEA
is taking teachers out of the classroom and away from the children who
need to be taught. Proposed
reductions in unnecessary paperwork are designed to increase
academic results by allowing the teachers to spend more time teaching rather
than filling out complicated and often-unnecessary paperwork.
We need to make clear to Senators Corzine and Lautenberg and the members
of the HELP Committee that annual IEPs do not impose “crushing paperwork
burdens” on teachers, since much of the IEP form is compiled by the school
district’s administrative staff, and IEP meetings generally do not take
teachers out of the classroom for more than a few minutes per child once a
year. This is no greater a burden
than many schools’ parent-teacher conference sessions for parents of general
education students! Moreover,
reports describing progress on short-term objectives and benchmarks – which
often are distributed along with the child’s general ed report card -
provide meaningful monitoring information to the parent.
Why are these periodic progress reports any less important than report
cards pertaining to children’s attainment of general education goals?
Re-evaluations:
Under current law, each child provided with special education is
re-evaluated at least every 3 years to ensure continued eligibility and the
appropriateness of services and placement in light of the child’s
development. The IEP Team – which
includes the child’s parents
– determines the scope of the re-evaluation.
Together, the Team members decide upon the type of re-evaluation they
believe is needed, ranging from one that is limited in scope
– such as a review of the child’s work, progress reports and report
cards during the preceding 3 years – to one that is extensive – such as
testing and evaluation by independent experts.
HR 1350 eliminates the requirement for any substantive
re-evaluation unless the parent requests it.
If a parent does not understand the importance of obtaining up-to-date,
comprehensive information about the scope and nature of his or her child’s
disabling conditions at least once every 3 years, the school district need not
re-evaluate the child. Under this
scenario, services may continue to be provided that no longer suit the
child’s development – a waste of scarce staff resources and IDEA funds.
Discipline: The
House bill allows a school to send a child with disabilities to an interim
alternate educational placement for violating any school rule so long
as the same discipline applies to children without disabilities - even if
the student’s behavior is a manifestation of his or her disability.
If enacted, this bill will allow a school to suspend a child for
behavior that he or she cannot control by virtue of the disability.
Current requirements to hold manifestation determination reviews,
perform functional behavior assessments and implement positive behavior
support plans are all eliminated.
Procedural Safeguards:
HR 1350 significantly affects current law regarding parents’ due
process rights in pursuing claims under IDEA.
The bill imposes a 1-year
statute of limitations on parents’ claims that a school district has
violated the law; current law has no limitation.
While there is merit to defining the timeframe within which a claim
alleging violation must be filed, 1 year is far too short a time, as parents
may not realize the scope of the problem that quickly.
Three years is a far more reasonable period, squaring neatly with the
triennial re-evaluation period.
HR 1350 also prohibits parents
from raising new issues at the due process hearing that were not set forth in
their original complaint or brought up prior to the hearing even if new
information came to light during or immediately preceding the beginning of the
hearing. This
restriction is without precedent in a court and unfairly limits the ability of
a parent to present important information as well as the hearing officer’s
ability to decide the scope of the matters to be heard.
HR 1350 also allows states to
offer parents the opportunity to participate in “binding arbitration”
instead of a due process hearing – with no possibility of an appeal to
court if the arbitrator issues a decision unsatisfactory to the parents,
unless there is fraud by a party or the arbitrator OR the arbitrator engaged
in misconduct. This option
calls for the selection of a single arbitrator knowledgeable in special
education/related services laws and regulations, who is agreed upon by both
the school district and the parents. In
NJ, an arbitrator is likely to be a former employee of a school district or of
a state special education program, or be affiliated with a law firm that
regularly represents school districts.
HR 1350 permits each state to
set the reimbursement rate for parents’ attorneys who prevail in proceedings
against a school district; school districts’ attorneys’ fees will continue
to be uncapped and paid for by taxpayers.
This provision will limit access to legal counsel by the parents who
need it the most, and should be eliminated!
Funding: Under
HR 1350, IDEA continues to be funded as a discretionary expense by the
federal government. Moreover,
IDEA funding will be diluted under HR 1350, as IDEA monies will now
be used for support services for children with disabilities that are
required to be provided under the No Child Left Behind Act (NCLB) and for
pre-referral services for children without disabilities.
Under NCLB, students in
low-performing “schools in need of improvement” are eligible for
supplemental services, such as tutoring, at no cost to their parents.
The federal budget failed to adequately fund NCLB requirements, so the
House bill permits the use of IDEA monies to fund NCLB initiatives!
In addition, the bill permits districts to use up to 15% of IDEA
funds to pay for “pre-referral services” for students in grades K-12
who have not been identified as needing special education.
A school may keep a child in “pre-referral” status for an
indefinite period and may use IDEA funds, rather than general education funds,
to provide services to such students.
Pilot Program Waiving IDEA Requirements:
HR 1350 permits the Department of Education to waive the
paperwork requirements of IDEA for 10 states for up to 4 years based on
proposals to address “reduction of paperwork and non-instructional time
spent fulfilling statutory and regulatory requirements.”
There are no restrictions on the waiver.
Therefore, states could apply for waivers of IEP requirements,
procedural safeguards notices to parents, or other documentation parents need
in order to preserve their children’s access to services.
IMMEDIATE ACTION NEEDED
As soon as possible, call and fax the offices of Senators
Corzine and Lautenberg and the members of the Senate Committee on Health,
Education, Labor and Pensions.
·
Convey your personal IDEA success stories.
Let them know how important the protections provided by IDEA are to
families such as yours.
·
Emphasize that any changes to IDEA should strengthen –
NOT DILUTE - the services available to families of children with disabilities,
the rights of children in special education, and the means of enforcing and
measuring accountability.
·
Select one or two of the points described above and explain
how they will affect your family!
A sample letter appears at the
end of this alert to assist parents in communicating with their Senators and
the members of the HELP Committee. It
is important, however, that you tailor your letter to your circumstance, so
that it is clear to the recipients that you – as an individual – are
concerned about IDEA.
Contact information:
New Jersey Senators:
Sen. Jon S. Corzine (D)
Sen. Frank Lautenberg (D)
NJ tel:
(973) 645-3030/(856) 757-5353
NJ tel:
(973) 639-8704
NJ fax:
(973) 645-0502/(856) 546-1526
NJ fax:
(973) 639-8723
SAMPLE LETTER TO SENATORS
May 15, 2003
Via Fax (202) 228-2197
The Honorable Jon Corzine
Via Fax (202)
228-4054
The Honorable Frank Lautenberg
Re: Reauthorization of
Individuals with Disabilities Education Act (IDEA)
Dear Senators Corzine and Lautenberg,
As the Senate begins the process of
re-authorizing IDEA, I urge you to develop a strong bipartisan bill that
includes the following provisions:
·
A continued requirement for annual
Individualized Education Programs (IEPs) so schools can be held regularly
accountable for ensuring success of students with disabilities;
·
A commitment to maintain the strong
discipline provisions that already allow schools to discipline students, while
considering the relationship of the behavior to the disability and focusing
upon development and use of positive behavior interventions;
·
Recognition of the need for research to
be an integral part of the Office of Special Education Programs so that there
is coordination of research to practice in the field and positive outcomes
occur for children;
·
A commitment to using IDEA funds only
to serve students with disabilities deemed eligible for special education,
especially since IDEA is not “fully funded;”
·
An IEP that includes short-term
objectives or benchmarks, so that parents and teachers can measure the
progress being made by the student at periodic intervals throughout the school
year. Standard report cards
cannot measure the progress made toward achieving individualized objectives;
·
A recognition that early intervention
services in natural environments are essential for young children with
disabilities, by permanently reauthorizing Part C of IDEA and continuing to
require that such services be provided in settings where infants and toddlers
are typically found, including home and child care;
·
A focus on accountability of individual
school districts by assuring that states have strong accountability and
compliance duties that are appropriately funded. Enforcement is critical
to families;
·
A commitment to parent involvement and
accessible information about IDEA provided by Parent Training and Information
Centers and Community Parent Resource Centers who are supported by a strong
unified Technical Assistance System operated by a parent organization;
·
A commitment to interagency
collaboration by continuing funding for the Federal Interagency Coordinating
Committee, which has served as a model for many other efforts.
Thank you for your consideration, and
please let your colleagues on the Senate Health, Education, Labor and Pensions
Committee know how important these provisions are to you and New Jersey
families.
Sincerely,
cc:
Sen. Judd Gregg, Chairman, Senate Health, Education, Labor and Pensions
Committee
Via Fax (202) 224-4952
Sen. Edward M. Kennedy, Ranking Minority Member, Senate Health, Education,
Labor and Pensions Committee
Via Fax
(202) 224-6295