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The Chairman of the House Committee put it bluntly: Everyone didn't realize when we passed NCLB that "we created a new paradigm." Now "we have to take the shackles off of local schools" in IDEA so they can meet NCLB. "We have to be more integrated with NCLB. This bill is the next step in our effort to reform education in America."
In other words, we're moving away from IDEA (and individualized education) and toward NCLB (once a year standardized tests in reading and math).
The U.S. House today voted 397 - 3 for final passage of the IDEA bill. The Senate is expected to approve the bill this afternoon (Friday). It is certain that President Bush will sign the bill.
"Too many children are identified as having learning disabilities and placed in special education." This statement was made several times today in the U.S. House. The solution? "Get rid of wait-to-fail" with its "emphasis on IQ testing" and "substituting response to intervention."
The IDEA bill states, "a local educational agency shall not be required to take into consideration whether a child has a severe discrepancy between achievement and intellectual ability .... a local educational agency may use a process that determines if the child responds to scientific, research-based intervention as a part of [currently required] evaluation procedures....".
H.R. 1350 eliminates short term objectives from the IEP except for those students with the most significant cognitive disabilities who take alternate assessment.
The bill allows 50% of new IDEA funds to be used for any educational purpose under NCLB. Some have complained that NCLB is under funded. The response of Congress appears to be to use 50% of new IDEA money for No Child Left Behind.
15% of all IDEA funds may be used for non-disabled students.
H.R. 1350 contains NO mandatory funding for IDEA.
The bill does maintain the manifestation determination, but expands removal to an interim alternative educational setting to not only students who bring weapons and/or drugs to school but also those students who commit "serious bodily injury."
States will have to notify every local school district in writing of any State special ed rules and regulations that exceed the requirements of IDEA, creating great pressure to eliminate regs such as special ed class size.
The bill changes "highly qualified" teacher, attorney's fees, and allows 15 States to eliminate part or all of the IEP (see below for summary).
According to the House Education & Workforce Committee summary of H.R. 1350, a parent can be ordered to pay both their own attorney's fees AND the school district's attorneys fees if the school district is the prevailing party in a due process hearing and the parent starts the case for "any improper purpose".
HOUSE EDUCATION & WORKFORCE COMMITTEE SUMMARY: "Too often, parents are manipulated into court by attorneys with their own interests in mind, rather than the best interests of children and families. To curb this abuse of the system, attorneys will be held liable for the costs of frivolous lawsuits. And to address concerns about exorbitant attorney's fees, both parents and school districts will be able to collect the cost of attorney's fees as the prevailing party [if parent does it for 'any improper purpose']."
"The No Child Left Behind Act calls for a highly qualified teacher in every public school classroom by the 2005-2006 school year to ensure all children learn from high quality teachers. To align IDEA with NCLB, and provide guidance for states and schools on how special education teachers can meet the highly qualified standard, H.R. 1350 requires all special education teachers to be certified in special education. For special education teachers teaching students with the most significant cognitive disabilities those who take alternate assessments aligned to alternate standards the teachers will also be required to have an elementary certification, or for those teaching above the elementary grade level, demonstrate the ability to teach at the appropriate instructional level for their students. New special education teachers teaching multiple subjects must meet the NCLB highly qualified standard in at least one core subject area (language arts, math, or science) and will have two years from the date of employment to take advantage of the NCLB High Objective Uniform State Standard of Evaluation (HOUSSE) to demonstrate competence in other core subject areas. Veteran special education teachers teaching multiple subjects can take advantage of the HOUSSE to demonstrate competence in other core subject areas."
"...a 15 state pilot program that will allow school districts to offer parents the option of a 3-year IEP; and a 15 state pilot program that will allow states to reduce the IEP paperwork burden on teachers and increase instructional time." [15 States will be allowed to waive most of the requirements of IDEA and State special ed regulations.]
I found this article on the QIAT List 11/20/04. http://sweb.uky.edu/~jszaba0/QIAT.html
© 2004 ConnSENSE Bulletin