By J.D. LaRock
April 14, 2003

After failing to approve similar legislation last year, Congress appears to be on track to reauthorize the Individuals with Disabilities Education Act (IDEA), the major federal law concerning special education. On April 2, the U.S. House of Representatives Subcommittee on Education Reform unanimously approved H.R. 1350 — the "Improving Education Results for Children with Disabilities Act" — which proposes several major changes to how special education services are provided in the nation's schools. The House Education and the Workforce Committee approved the bill on a 29-19 vote April 10.

Most significantly, the bill would amend IDEA to lessen the amount of paperwork teachers and schools must file in order to provide special education services to children. In January, mayors heard from U.S. Senate staff about the need to reduce the administrative burden IDEA imposes on school districts. In addition, H.R. 1350 seeks to increase early intervention programs for students with disabilities, refocus IDEA away from compliance with complex federal regulations, and align the law with the requirements of the No Child Left Behind Act.

For years, IDEA has been criticized for imposing undue costs on local school districts, and that issue is proving to be a bone of contention once again. When Congress first approved IDEA (originally the Education for All Handicapped Children Act, or PL 94-142) in 1975, it established a goal of reimbursing up to 40 percent of local school districts' special education expenses through federal funds. President Bush's FY 2004 budget would increase the federal share of special education funding to 19 percent — an amount some Members of Congress say is insufficient. During consideration of H.R. 1350, Rep. Lynn Woolsey of California introduced amendments to change IDEA from a discretionary to a mandatory funding program, and authorize Congress to reach the 40 percent funding benchmark within 6 years. They were defeated on party-line votes. However, the full committee approved an amendment offered by Rep. Jon Porter of Nevada that would continue the program's discretionary funding, but authorize an additional $2.2 billion for FY 2004 and an additional $2.5 billion in FY 2005.

House leaders defended their level of financial support for IDEA, pointing out that H.R. 1350 would authorize Congress to fund 40 percent of special education services within 7 years. They add that since 1995, federal funding for special education has increased 282 percent. "Those who believe money alone can be the cure for the problems in our special education system are wrong," said Education and the Workforce Chairman John Boehner of Ohio. "More money is on the way for next year, but increasing spending alone is not enough. We have a responsibility to parents, teachers, and children to ensure that these resources are producing the best possible results."

During deliberations on the bill, Republican and Democratic members called attention to the disproportionate number of African-American students receiving special education services in the nation's schools. According to statistics cited by Rep. Danny Davis of Illinois, African-American students are roughly three times as likely as white students to be identified as having mental retardation, and roughly twice as likely to be identified as having learning disabilities or emotional disturbance. Both Rep. Davis and Rep. Denise Majette of Georgia introduced amendments aimed at increasing state and district data collection on the over presentation of minority groups in special education. They withdrew their amendments after Chairman Castle pledged to work with them to include bipartisan language on that issue in the bill.

The subcommittee unanimously approved a number of other amendments, including:

• An amendment offered by Rep. Tom Osborne (NE) that would allow blind students to receive Braille textbooks more quickly;
• A provision sponsored by Rep. Jim DeMint (SC) that would allow states to extend IDEA Part C funding (which provides out-of school services to children between the ages of 0 and 3) to children between the ages of 3 and 5; and
• Language authored by Rep. Ron Kind (WI) that would allow states to use IDEA funds to provide special education training to principals and school district officials.

While this year's bill is less complicated than the legislation that last reauthorized IDEA in 1997, H.R. 1350 contains some controversial provisions, including language that some say would allow schools and districts to suspend or expel students with disabilities for minor violations of school codes of conduct. In addition, schools would no longer be required to hold a special hearing for students with disabilities facing suspension or expulsion. Supporters of the provision say it merely holds disabled and non-disabled students to the same standards. But opponents believe it would allow schools to punish students for behavior that results from their disability, such as if an epileptic child accidentally hit another student during a seizure. The full committee, on a party-line vote, defeated an amendment offered by Rep. John Tierney that would restore the requirement for a hearing.