By Fritz Edelstein
May 24, 2004

The Senate May 13 passed the reauthorization of the main federal law for the nation's more than 6.5 million disabled students, the Individuals with Disabilities Education Act (IDEA), with strong bipartisan support.

The vote was 95-3 for S. 1248. This bill differs significantly from the House bill (H.R. 1350) that passed by a vote of 251-171 in April 2003. The reauthorization could still become a victim of a House'senate conference.

This statute guarantees special-needs children with a free public education in the least restrictive environment and provides federal assistance to states and school districts. The latter has been a major issue since the initial legislation in 1975, P.L. 94-142, authorized the federal government to reimburse the states for up to 40 percent of the average per pupil cost of educating every child with a disability. Senators Chuck Hagel (NE) and Tom Harkin (IA) sponsored an amendment that would provide mandatory $2.2 billion increases over the next six years to reach the 40 per cent mark. This amendment failed because it fell four votes (56-41) short of the 60 needed to waive the Budget Act requirement that offsets must be included in amendments for mandatory funding. The Senate adopted, 96-1, a competing amendment by Senator Judd Gregg (NH) that would authorize discretionary funding to reach the 40 percent mark by 2011, and included an authorization level of $12.4 billion for 2005. The House bill has a similar funding mechanism. The appropriations level for this legislation was $10.1 billion in 2004. The Administration has requested an increase of $1 billion for fiscal year 2005 compared to the Senate's nearly $2 billion increase.

h the 40 percent mark by 2011, and included an authorization level of $12.4 billion for 2005. The House bill has a similar funding mechanism. The appropriations level for this legislation was $10.1 billion in 2004. The Administration has requested an increase of $1 billion for fiscal year 2005 compared to the Senate's nearly $2 billion increase.

The Senate bill would streamline student discipline measures, which have been criticized as too lenient toward special-needs children with violent behavior. It also would reduce paperwork requirements for school officials and provide an opportunity for up to 15 states to apply for a waiver to reduce paperwork educators are required to file under the current act. Also, there would be a clarification of teaching qualifications for special education teachers, especially those in middle and high school. In the Senate bill school districts would be allowed to recover attorneys- fees when a parent presses a frivolous lawsuit. The Senate bill would give parents a two-year limit to file lawsuits against schools for not providing services required by law. The House bill has a one-year limit.

Senator Edward M. Kennedy (MA), who co-authored the Senate bill with Senator Gregg, is insisting that he get a bipartisan, bicameral agreement on issues including teacher qualifications, procedural safeguards for students, and collection of data on students before the Democrats will name conferees.