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Legislative Updates >
Bulletins >
Update on the reauthorization of the Individuals
with Disabilities Education Act (IDEA) Programs Slated for
Elimination |
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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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