Individuals with Disabilities Education Act IDEA Reauthorization Bill (H.R. 1350) Passes the House

May 1, 2003

On Wednesday, April 30, 2003, the House of Representatives passed H.R. 1350 by a vote of 251 to 171.  Seven Republicans voted against the bill, while 34 Democrats voted for the bill.  To see how your Representative voted, please refer to:  http://clerkweb.house.gov/cgi-bin/vote.exe?year=2003&rollnumber=154  

H.R. 1350 includes several major changes to the current IDEA law.  Under this bill, all students will be treated the same when it comes to discipline, regardless of disabilities (current law allows for the removal of a student with a disability for up to 45 days if the problem behavior involves weapons or drugs). However, on a positive note, there will be no cessation of services for students with disabilities who are removed from the classroom.  Other changes include schools no longer being required to conduct a functional behavioral assessment (FBA) or manifestation determination before removing a student from the classroom because of discipline problems; parents will be able to opt for IEP reviews to be given every three years; and 10 states will be given the opportunity to set up a pilot program to cut down on paperwork.  The bill also authorizes $11.1 billion for FY04 and another $2.5 billion for FY05.  This is, of course, subject to what the Appropriations Committee decides, since IDEA funding is not mandatory. 

Thank you to everyone who participated in the national call-in day on Tuesday!  While the bill did pass in the House, there were some key amendments which were defeated thanks to the grassroots effort made by members of NASW and other interested parties.  To view the amendments that were offered yesterday, please see below under “Amendments Offered on the House Floor.” To learn more about NASW’s actions taken regarding the reauthorization of IDEA, please refer to the education web page at: https://www.socialworkers.org/advocacy/issues/education.asp  

Legislative Future of IDEA

Senator Gregg (R-NH), Chairman of the Senate Health, Education, Labor and Pensions (HELP) Committee, and Senator Kennedy (D-MA), Ranking Minority Member of the HELP Committee, plan to introduce a bipartisan IDEA reauthorization bill in the Senate before the Memorial Day recess.  NASW will continue to lobby the Senate to address some of the changes proposed by the House bill to the current law.  In addition to supporting the continued use of FBA’s and manifestation determinations, NASW will request that the current law’s requirement that related services personnel standards be based on the highest requirements in the state applicable to a specific profession or discipline remain in the law.  The House- passed bill increases professional development and training of general and special education teachers.  However, it will allow states to lower the standards they use when hiring school social workers and other related services personnel. 

Once the Senate passes its version of the bill, the two Chambers will go to conference to devise a final compromise bill that will reauthorize IDEA.

Amendments Offered on the House Floor to H.R. 1350

1.  Castle (R-DE)/Boehner (R-OH) Manager’s Amendment: Makes several conforming changes to provisions regarding the General Accounting Office (GAO) reports that were added during committee consideration of the bill.  It increases the amount states can reserve out of state-level funds for programs designed to serve children with disabilities with high-cost special education and related services needs.  It also adds language to the section prohibiting federal control of curriculum to ensure it is the exact language as is contained in the No Child Left Behind Act.  (PASSED)

2.  Vitter (R-LA) Adds a provision in Part A (GAO Review) that requires the review to include recommendations to reduce or eliminate excessive paperwork burdens for teachers, related service providers, parents, and school administrators.  It also amends a provision regarding a GAO Report for Part B, to require that the report be submitted two years after enactment and every two years thereafter.  (PASSED)

3.  Bradley (R-NH) Eliminates the current set-aside for Part B funds of $500,000 and replaces it with a set-aside of $750,000.  Strikes the parenthetical provision that references the inflationary adjustment, to provide more opportunity for administrative growth in small states.  (PASSED)

4.  Woolsey (D-CA) Inserts the definition of a free, appropriate, public education, the language contained in the Supreme Court Decision known as Rowley, which states that the goal for a child with disabilities is the same as for all other children—to have the educational and related services necessary to access the general curriculum.  (PASSED)

5.  De Mint (R-SC) Allows the Department of Education to use Part D research and innovation grants to fund the design, development, and initial implementation of parental choice programs for students with disabilities—commonly called state voucher programs.  Under such programs, parents could choose which public or private schools their children would attend, and receive state vouchers to help pay the cost of attending such schools.  The amendment also permits states to use Part B federal funds, along with state funds, to help pay the costs of children attending public or private schools selected by their parents under such a program.  (FAILED)

6.  Musgrave (R-CO) Gives school districts the option of offering parents of disabled children in private schools certificates that could be used for the children’s specific special education needs.  The amount of the certificate would be equivalent to the per-pupil proportionate IDEA dollars generated to the school district by private school children.  These certificates could be redeemed at eligible providers that meet health, safety, and civil rights laws, and are fiscally sound.  (FAILED)

7.  Shadegg (R-AZ) Expresses the sense of Congress that students are over- and mis-identified as having disabilities.  Therefore, students should not be classified as being disabled without having been judged by a physician state health board.  It also expresses the sense of Congress that students with behavioral problems who have not been diagnosed as having a disability by a physician or other certified authority should be subject to the regular school disciplinary code. (PASSED)

8.  Tancredo (R-CO)/Graves (R-MO) Defines the term “specific learning disorder,” to mean a disorder due to a “medically detectable and diagnosable physiological condition relying on physical and scientific evidence and not based on subjective criteria.”  (FAILED)

9.  Kirk (R-IL) Expresses the sense of Congress that providing special-needs students with a safe, and drug-free learning environment is a laudable goal.  Makes reference to random locker searches conducted by school administrators as an effective way to assess the gravity of the drug situation at a particular school, as well as to indicate to students that the use of drugs on school property will not be tolerated. (PASSED)

10.  McKeon (R-CA)/Woolsey (D-CA) Requires that any additional increases in federal funding above the FY2003 level be passed on to the local level, and not retained by the state to fund state level activities.  (PASSED)

11.  Nethercutt (R-WA) Provides parents, in consultation with the Individualized Family Service Plan (IFSP) team, the ability to decide what setting is appropriate for each child. (PASSED)

12.  Davis (D-CA) (social worker) Authorizes the use of funds to develop and improve programs to train school safety personnel and first responders who work at educational facilities in the recognition of autism.  (PASSED)

13.  Wu (D-OR) Gives priority in awarding competitive state grants to applications that provide for the establishment of professional development programs dealing with methods of early and appropriate identification of children with disabilities.  (PASSED)

14. Garrett (R-NJ) Requires the Secretary of Education to conduct a study and submit a report to Congress within two years of enactment of the bill, on the cost to each state for compliance with IDEA requirements.  (PASSED)

If you have questions regarding IDEA, please contact Ann Bradford, NASW senior government relations associate, at 202-336-8237 or abradford@naswdc.org You may also visit NASW’s web page on education at: https://www.socialworkers.org/advocacy/issues/education.asp