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House Improves IDEA, Clears Seven-Year Path to Fulfilling Full Federal Commitment

Major Initiative Endorsed by Key Education Groups

WASHINGTON – First District Congressman Paul Ryan voted today in favor of legislation that reauthorizes programs under the Individuals with Disabilities Education Act (IDEA) and sets a framework to meet the full federal commitment for special education funding of 40 percent of the average annual per pupil expenditure in seven years.  Moreover, the legislation improves IDEA in significant ways, placing renewed emphasis on ensuring that children are learning and shifting the focus away from compliance with complicated rules and overwhelming paperwork.  The House of Representatives passed this measure – H.R. 1350, the Improving Education Results for Children with Disabilities Act – by a vote of 251-171.

The following groups have expressed support for this legislation: National School Boards Association, American Association of School Administrators, National Association of Elementary School Principals, National Conference on State Legislatures, The Council of Chief State School Officers, The National Association of State Directors of Special Education, and the National Education Association. 

“All of our students deserve the chance to get a quality education.  This is why IDEA was enacted in the first place.  Sadly, the system has often fallen short and failed to deliver on its promises to children, parents, teachers and schools,” Ryan said. “The legislation we passed today makes common-sense improvements that put the focus back on education, instead of bureaucracy.  IDEA is an unfunded mandate that displaces local control in education and puts pressure on Wisconsin property taxes.”

“This bill sets a plan and realistic timetable for the federal government to live up to its commitment to fund special education,” Ryan said.  “For too long, our local schools have struggled to cover more than their fair share of funds for IDEA programs.  Washington needs to fulfill its promise on IDEA.  Congress has increased federal funding substantially in recent years, and this legislation builds on that progress.  Now, if our state can agree on a similar plan to meet its special education funding commitments, this will be a two-tier win for Wisconsin schools and students.” 

“The bottom line is: IDEA should help, not hurt the efforts of teachers, parents and schools to make sure all children are learning.  This legislation will help us reach that goal,” Ryan said.  “I urge the Senate to pass this important bill.”

The following provisions are included in H.R. 1350:

·        Increasing accountability and improving education results for children with disabilities. The current IDEA system tends to place too much emphasis on compliance with complicated rules and not enough emphasis on academic results for children with special needs.  This legislation will ensure that states align their accountability systems for students with disabilities to the No Child Left Behind Act accountability system; assure that the Individualized Education Plan (IEP) specifically addresses academic achievement of students with disabilities; and give local school districts greater flexibility in reviewing the progress of a child by replacing benchmarks and short-term objectives with the regular reporting requirements of NCLB. 

·        Reducing the paperwork burden.  The current system’s overwhelming and unnecessary paperwork burden takes up teachers’ time and drives good special education teachers away from the profession.  This legislation incorporates elements of Rep. Keller’s paperwork reduction bill, including the 3-year IEP and the use of teleconferencing.  It also authorizes a ten-state pilot program that allows states to reduce the IEP paperwork burden on teachers. 

·        Improving early intervention strategies and reducing overidentification/ misidentification of nondisabled children.  Currently, too many children with reading problems are being identified as disabled and placed in special education classes they do not necessarily belong in.  This legislation will give flexibility to local school districts to use up to 15 percent of their funds for pre-referral services for students before they are identified as needing special education. It will require local school districts with significant overidentification of minority students to operate pre-referral programs that work to reduce overidentification.

·        Supporting general education and special education teachers.  The legislation will refocus State Professional Development Grants on professional development for school personnel working with students with disabilities; align IDEA with requirements of NCLB for “highly qualified” teachers so that all students with disabilities are taught by a highly qualified teacher in core content areas; and streamline Personnel Preparation programs and encourage training of both special education teachers and regular education teachers to work with students with disabilities. 

·        Restoring trust and reducing litigation.  When it comes to IDEA, litigation has taken on more of a role of finding and punishing school districts for technical violations, rather than being used to protect the rights of children with disabilities.  This legislation will encourage the use of mediation as early as possible and create opportunities for voluntary binding arbitration; require that complaints be clear and specific when they are filed; and establish a statute of limitations of one year from the date of the violation to file a complaint.

·         Reforming special education finance and funding.  The current funding streams under IDEA are unnecessarily complex.  This legislation will simplify funding streams for IDEA Part B Grants to States and establish a clear seven-year path to reach the 40 percent goal of average per-pupil expenditure (APPE) through the discretionary appropriations process.

A review of the U.S. Congress’ appropriations for IDEA Part B Grants to States demonstrates accelerated progress in recent years in funding the federal government’s commitment to special education.  Between Fiscal Years 1988 and 1995, this funding increased by 62.2%.  In contrast, between Fiscal Years 1996 and 2003, this funding increased by 282.3%.  The chart below (source: Congressional Research Service) demonstrates this: 

IDEA Appropriations, Part B Grants to States

 * Yearly change based on actual appropriations.

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