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Update on the reauthorization of the Individuals with Disabilities Education Act (IDEA) Programs Slated for Elimination
SENATE AMENDED VERSION OF IDEA IMPROVES ELIGIBILITY FOR SPECIFIC LEARNING DISABILIITES
BUT IT'S NOT OVER YET!
Despite the good news, there is no assurance that the Senate will pass this bill, as written, before it recesses on November 21. If that doesn't happen Action on the senate bill may be postponed until Congress returns in January. The House version of IDEA, H.R, 1350, which is much worse than the Senate bill, might be attached to the omnibus budget resolution to be passed before the Congressional recess. If that happens, there is no conference and the bill goes directly to the President for his signature.
On November 3, Senator Judd Gregg introduced the latest version of IDEA for consideration by the full Senate. Thanks to all who contacted their Senators, the new S 1248 changes ELIGIBILITY FOR SPECIFIC LEARNING DISABILITIES (Section 614(b)(6)(B)) from "In determining whether a child has a specific learning disability, a local education agency may use a process that determines if the child responds to scientific, research-based intervention" to "In determining whether a child has a specific learning disability, a local educational agency may use a process that determines if the child responds to scientific, research-based intervention as a part of the evaluation procedures described in paragraphs (2) and (3). LDA had feared that the original wording could be interpreted to mean that a child's failure to respond to the intervention would be the sole criterion for determining the existence of a learning disability. This should not happen with the addition of paragraph (2), which requires the local education agency to use a variety of assessment tools and strategies to gather relevant information; prohibits the use of a single procedure, measurement or assessment as the sole criterion for determining whether a child is a child with a disability; and requires the use of technically sound instruments to assess the relative contribution of cognitive and behavioral factors in addition to physical or developmental factors and paragraph (3) which requires the local education agency to ensure that tests and other evaluation materials are not discriminatory on a racial or cultural basis, are administered in the child's native language, are valid and reliable, and ad administered by trained and knowledgeable personnel.
In addition, the report (108-185) which accompanies S 1248 bill notes that although "a local educational agency is not required to take into account a severe discrepancy between IQ and achievement" the use of the model would not be prohibited, "Section 614(b)(3)(A)(iii) will require that all procedures, including alternate procedures, be valid and reliable for the purpose for which they are used" Remember, this language is only in the Senate bill. We will have to work to keep this important provision in the conference committee!! The bill and the accompanying report can be downloaded from the Thomas website. (http:/thomas.loc.gov, click in S 1248 and choose item 2) A comparison of the original S 1248 and HR 1250 can be found in the June-July News from Washington. These newsletters are archived in the Publications section of the LDA website.
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