December 17,
2004
Congress Passes IDEA Reauthorization Bill
On November 19, 2004 , Congress passed a bill to reauthorize
the Individuals with Disabilities Education Act (IDEA) through
2011 and sent it to President Bush for his signature. The new
bill authorizes, but does not mandate, full funding for IDEA
by 2011.
NASW partnered with several other professional organizations,
including the National Alliance of Pupil Services Organization
and the Coalition for Citizens with Disabilities, to advocate
for members' interests in the new bill. The work of the NASW
government relations staff was supported by the numerous phone
calls, letters, and e-mails that were sent by NASW members
to their members of Congress. NASW thanks its members who took
the time to do this, as it was vital for Congress to hear from
the professionals whose work will be impacted by the new language.
The new bill language includes several changes that will be
important to social workers. Some of the major changes are
listed below. To view the actual bill and related conference
report, please refer to the Library of Congress' website — http://thomas.loc.gov/cgi-bin/query/D?c108:7:./temp/~c1083s3Mbh ::
- Effective Immediately —the
new definition for highly qualified special education teachers;
the provisions in the remainder of Part D, including Subparts
2, 3, and 4; and the establishment of the National Center
for Special Education Research.
- Effective July 1, 2005 —IDEA
parts A, B, and C, and subpart 1 of part D. The Department
of Education will be developing new regulations to give
more specificity and help with implementing the new law.
- Paperwork Reduction —Up to 15
states may be granted a waiver based on State proposals to
reduce excessive paperwork and non-instructional time burdens
that do not assist in improving educational and functional
results for children with disabilities. The Secretary of Education
will also “publish and disseminate,” not later than the
date the regulations are published, models of the IEP form,
the Individualized Family Services Plan (IFSP) form, notice
of procedural safeguards, and prior written notice.
- Personnel Standards —Unfortunately
the new bill weakens the standards for related services personnel.
While the new bill eliminates the use of emergency, temporary
and provisional certification for related services providers,
it also gives states greater authority in determining the professional
qualifications for these service providers. On a better note,
the conference report that accompanied the final fill states
that the “Conferees intend for State education agencies to
establish rigorous qualifications for related services providers
to ensure that students with disabilities receive appropriate
quality and quantity of care.” In addition, state educational
agencies are encouraged to consult with other state agencies,
the disability community, and professional organizations
to determine what are appropriate qualifications for related
services personnel.
- IEP Team Meetings— Nothing
in IDEA is to be construed to require additional information
in an IEP than what is explicitly required by the law. A
member of the IEP team may be excused from a meeting 1) if
no changes are being made to the member's area of curriculum
or service; or 2) when a relevant modification is made, if
the member provides input prior to the meeting. The IEP team
members, the parent, and the LEA must agree to the member
being excused. Other changes include: parents and LEAs may
agree to participate in an IEP team meeting via video conference
or conference call; parents and LEAs, through a responsible
teacher or service provider, may amend or modify a current
IEP without convening an IEP meeting; three-year IEPs may
be developed for students age 18 and older, emphasizing interagency
coordination with adult programs; mandatory benchmarks and
short-term objectives are eliminated, except for students
who take alternate assessments aligned to alternate achievement
standards.
- Early Intervention Services— LEAs
can use up to 15 percent of their IDEA Part B funds for
supportive services for students who have not yet been identified
as having a disability, but who require additional academic
and behavioral supports to succeed in a general education
environment. The activities must include an educational component
that promotes school readiness and incorporates pre-literacy,
language, and number skills.
- National Center for Special Education
Research —This new center is authorized under
a new Part E and is established under the Institute of
Education Sciences (IES). The research that was formally
conducted or funded by the Offices of Special Education
Programs (OSEP) will be moved to the new center.
If you have additional questions, please contact Ann Bradford
Vaughan, NASW senior government relations associate, at abradford@naswdc.org or
202-336-8237. |
About
NASW