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Government Relations Update
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Individuals with Disabilities
Education Act
Senate HELP Committee Passes IDEA Reauthorization Bill (S.
1248)
June 26, 2003
On
Wednesday, June 25, the Senate Health, Education, Labor,
and Pensions (HELP) Committee passed S. 1248, the “Individuals
with Disabilities Education Improvement Act of 2003,” on
a vote of 21-0. The bi-partisan bill includes changes made
to the legislation after Committee members and their staff
provided the public with a two-week comment period following
the original bill’s introduction. To view the new version
of the bill in its entirety, please refer to: http://health.senate.gov/bills/013_bill.html
To
learn more about the actions taken by NASW regarding the
reauthorization of IDEA, please refer to the education
Web page at: https://www.socialworkers.org/advocacy/issues/education.asp
Summary
of S. 1248
(For
a more complete summary, please refer to the press releases
issued by Chairman Gregg (R-NH) http://gregg.senate.gov/press/HELP/helppress062503.pdf,
and Sen. Harkin (D-IA) http://harkin.senate.gov/news.cfm?id=205518)
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The
bill does not address mandatory full funding for IDEA.
Sen. Kennedy is expected to offer an amendment on the
floor designating IDEA funds as mandatory spending.
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Thanks
to the efforts of NASW members, and the organizational
members of the National Alliance of Pupil Services Organizations
(NAPSO), S. 1248 includes behavioral assessments, in
addition to manifestation determinations, as part of
the discipline process. Students, who are moved to an
alternate setting due to discipline problems, will continue
to receive the same educational and related services
they were receiving in the classroom. As part of this,
a behavioral assessment will be conducted (if the school
did not already conduct one before the violation occurred),
in order to address the behavior violation so it will
not occur again.
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In
addition, the bill requires schools to provide appropriate
behavioral interventions to students who receive disciplinary
action. Positive behavioral interventions and supports
are also included in Individualized Education Plans (IEPs)
for students whose behavior impedes their own learning,
or that of others.
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The
HELP Committee inserted new language into the bill regarding
related services personnel. This language states that, “related
services personnel who deliver services in their discipline
or profession [must] meet the requirements of clause
(i) and have not had certification or licensure requirements
waived on an emergency, temporary, or provisional basis.”
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S.
1248 eliminates short-term objectives from IEPs in an
attempt to reduce paperwork. (NASW expressed opposition
to the removal of these during the comment period.) However,
IEPs will need to include descriptions of how progress
will be measured, and parents will receive quarterly
progress reports.
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In
a further effort to reduce paperwork, the Senate bill
clarifies that IEPs do not need to include information
beyond that required by federal law. Also, the bill requires
the Secretary of Education to draft model forms, review
paperwork requirements, and provide Congress with proposals
to reduce paperwork related to IDEA.
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This
bill allows parents to request initial evaluations of
their children for IDEA services.
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To
save time for parents and schools, S. 1248 allows parents
and schools to agree to changes in IEPs during the school
year, without having to reconvene an entire IEP meeting.
Legislative
Future of IDEA
Debate
and a vote by the full Senate will now be scheduled. It
is, of course, expected that amendments will be offered
on the bill during the debate. Once S. 1248 passes the
Senate, the House and Senate will go to conference to devise
a compromise bill between S. 1248 and H.R. 1350, which
was passed by the House on April 30.
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
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