Statement by Edward J. McElroy
Secretary-Treasurer, American Federation of Teachers
on Senate Passage of the Individuals with Disabilities Education Act

WASHINGTON, D.C.—The Senate’s adoption today of legislation to reauthorize the Individuals with Disabilities Education Act (IDEA) is an improvement over the current law but fails to do enough to simplify and strengthen IDEA’s discipline provisions.

The Senate missed a historic opportunity to finally deliver on its long overdue promise to fully fund IDEA when it rejected the Hagel-Harkin amendment, falling just four votes short of the 60 needed for passage. We are especially grateful to the 10 Republicans who, with 45 Democrats and one Independent, voted for the amendment. Unfortunately, children with disabilities in school districts nationwide will again be left waiting for desperately needed resources.

Although the Senate bill is far from perfect, we commend senators for addressing the disproportionate representation of minorities in special education and simplifying the law’s due process procedures. These measures will make a significant difference for children with special needs, their parents, and the teachers and paraprofessionals who work with them every day in the classroom.

When the bill moves to conference, conferees will have an opportunity to make additional improvements to IDEA, including streamlining its discipline provisions, enacting mandatory funding and further clarifying the professional standards that special education teachers must meet to be declared "highly qualified." If Congress takes these steps, the current reauthorization will be a success and will support ongoing local efforts to best implement the law.

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