IDEA Reauthorization Bill Passed by the Senate
May 14, 2004 On Thursday, May 13, 2004, the U.S. Senate passed, S.1248,
a bill to reauthorize the Individuals with Disabilities Education
Act (IDEA), by a vote of 95–3. Sens. Stabenow (D-MI), Leahy
(D-VT), and Jeffords (I-VT) opposed the bill. NASW considers
this bill to be much better than the House's reauthorization
bill, passed last year. The House and Senate will now prepare
to go to conference on the differing bills. A summary of S.
1248 is available on the NASW Web site at: http://www.naswdc.org/advocacy/updates/092303.asp
Amendments to S.1248 Adopted by the Senate
Funding Amendment —This amendment authorizes Congress
to fully fund IDEA using discretionary funds by 2011. This
means providing the states with 40 percent of the average per-pupil
cost of educating every student with a disability. Because
it does not include mandatory spending, this amendment does
not guarantee that funding will be increased by 2011.
In FY04, Congress provided only 19 percent of the funds authorized.
Sens. Harkin (D-IA) and Hagel (R-NE) introduced an amendment
that would have provided a mandatory increase in IDEA funding
of $2.2 billion for the next six years to reach the 40 percent
funding level. Unfortunately, this amendment was not adopted.
Attorneys' Fees — This amendment will allow
for school districts to recover attorneys' fees when parents
file what are determined to be frivolous lawsuits regarding
their children's receipt of inadequate instruction and services.
Governors will be responsible for setting the attorneys' fees
in their states for cases in which parents prevail.
National Children's Study — The Department
of Education will be allowed to participate in the National
Children's Study. This study will attempt to ascertain the
connection between environmental health factors and children.
Transferring Students — According to this
amendment, when students transfer between school districts,
they will continue to receive the services outlined in their
annual individualized education plan (IEP). This amendment
seeks to especially assist students who are transferred due
to homelessness, foster care situations, and military transfers.
Paperwork Reduction — This amendment will
allow for up to 15 states to apply for waivers from the Department
of Education, to reduce the paperwork required for students
with disabilities. The House bill includes a similar provision,
but limits the demonstration program to 10 states.
To view additional information on IDEA Reauthorization,
please visit NASW's Web site. http://www.socialworkers.org/advocacy/issues/education.asp
If you have questions, you may also contact Ann Bradford,
senior government relations associate, at abradford@naswdc.org or
202-336-8237. |
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