Congress turns its attention to special education law

As part of the routine process of renewing major federal education legislation every five years, the House and Senate are considering proposals to reauthorize the Individuals with Disabilities Education Act (IDEA). The AFT is closely monitoring the legislation and pushing for changes along the way.

The House of Representatives is moving faster with its version of IDEA, H.R. 1350. The bill passed the full House in April. The education committee in the Senate approved a bill in June, and the full Senate is expected to take up the measure, S. 1248, in September.

Here are a few of the key issues the AFT is following.

Paperwork and individualized education programs (IEPs). The House and Senate versions both attempt to simplify the paperwork burden involved in developing and monitoring students’ IEPs. The AFT is concerned, however, about provisions in both bills that promote a “flexible” annual review process that would permit substantive changes to the IEP, upon consent of the parent and district, without the need for reconvening the entire IEP team. This not only has the potential to be problematic for regular educators who work with IDEA students, but it also could create additional barriers for paraprofessionals, who already have limited involvement in the IEP development process. The AFT also believes that school health professionals should be involved as part of the IEP team for students with significant medical needs.

Discipline. The House and Senate versions both address one of the law’s serious shortcomings—provisions for how students with disabilities can be disciplined. The House version, for example, allows a school to remove a student who violates the code of conduct from the classroom for up to 45 days without having to initiate a due-process hearing. In addition, the proposal guarantees that such students still receive educational services. The AFT would like to see an improved process where students’ behavioral needs are given consideration during the initial placement process.

Minority overrepresentation. The AFT supports a provision that would use some IDEA funds for pre-referral services and would encourage the use of research-based reading instruction, as long as the pre-referral services don’t further deplete funds for special education services.

Whistleblower protections. Neither version of the legislation includes an AFT proposal that school districts adopt a dispute resolution process for teachers and other professionals. Such a provision would allow them to report their concerns about the identification of students and the delivery of education services without having to fear reprisals.

Funding. Money is a huge concern, but neither version would provide for mandatory full funding of the IDEA law. The original legislation pledged that the federal government would pay 40 percent of the excess cost of educating students with disabilities, but the actual money from the feds has never even approached that. Sens. Chuck Hagel (R-Neb.) and Tom Harkin (D-Iowa) are expected to offer a full-funding amendment when the legislation reaches the Senate floor.

Copyright by the American Federation of Teachers, AFL•CIO. All rights reserved. Photographs
and illustrations, as well as text, cannot be used without permission from the AFT.