U.S. Senator Judd Gregg (R-NH), Chairman
of the Senate Health, Education, Labor and Pensions Committee and Senator Ted
Kennedy (D-MA), Ranking Member of the HELP Committee, joined together today,
after months of negotiations, to introduce legislation to reform and reauthorize
the Individuals with Disabilities Education Act. The agreement, the Individuals
with Disabilities Education Improvement Act of 2003, balances the protection of
the educational rights of children with disabilities while making IDEA work for
parents, teachers, school administrators and school districts.
This is a huge step forward in reforming
and making our special education system accountable, Senator Gregg stated.
This legislation simplifies and streamlines several of the key problematic
areas of the current legislation, while ensuring that new means will not create
undue burdens on local school districts or taxpayers. We have made significant
headway creating a better special education system, and while we acknowledge
that there is more work to come and issues that we still need to address, we
have come a long way and look forward to moving this legislation through
Committee and the Senate in a timely manner.
The bill gives school districts the
flexibility to use IDEA funds to address the most important needs of students in
each school, reduces the burden of paperwork for special education teachers,
improves conflict resolution, reduces the need for litigation and encourages
mediation. The bill also improves discipline by simplifying the procedures used
by school districts and improves parental involvement in the education process.
The bill we are introducing today makes
improvements to a program designed to guarantee that all children are able to
learn and grow to the fullest of their potential. Our bill gives local schools
the flexibility to use IDEA funding in way that make sense for each local school
district. We reduce the paperwork burden on teachers so they can focus their
time and energy on what they do best, teaching our kids. We provide a bipartisan
solution to the often contentious discipline issue by providing protections for
children with disabilities while simplifying the rules that school districts can
use in discipline cases, said Senator Gregg.
The Senate HELP Committee will mark up
this legislation on Wednesday, June 25.
Bill Summary The 2003 reauthorization of
the Individuals with Disabilities Education Act (IDEA) reflects a fair balance
of protecting the educational rights of children with disabilities while making
IDEA work for parents, teachers, school administrators and school districts.
Increasing Accountability and Improving
Education Results · Ensuring that States focus on the goal of improving academic
results and functional performance rather than meeting the requirements of a
burdensome procedural checklist.
· Clarifies methods to measure student
progress.
· Provides for results from alternate
assessments to be incorporated into States No Child Left Behind Act
accountability systems.
· Provides up to $3 million for a national
study of valid and reliable alternate assessment systems and how alternate
assessments align with state content standards.
Improving Monitoring and Enforcement
· Provides the Secretary and the States
with greater authority and new tools to implement, monitor and enforce the law
using performance data.
· Requires States to meet clear benchmarks
to ensure all children with special needs receive a free appropriate public
education in the least restrictive environment.
· Directs the Secretary and the States to
apply clear appropriate sanctions to address noncompliance with IDEA
requirements.
Resolving Conflicts and Reducing Litigation
· Provides new opportunities, such as
alternative dispute resolution, for parents and schools to address concerns
before the need for a due process hearing.
· Clarifies mediation is available at any
time and that schools and parents have equal access to the due process system.
· Requires complaints of either the school
or parents to be clear and specific before going to a due process hearing.
· Encourages prompt resolution of concerns
by establishing a two-year statute of limitations for filing a complaint, and a
90-day limit for filing appeals to a court, unless State law provides for
alternative time frames.
· Requires that hearing officers make
decisions based upon substantive grounds--not on technical errors that have no
effect on the childs education.
· Prohibits hearing officers from hearing
matters in which they have a personal or professional interest that would
conflict with their objectivity in the hearing.
· Establishes minimum competency standards
for hearing officers.
Improving Discipline and Ensuring Safety
· Improves current discipline provisions
by simplifying the framework for schools to administer the law, while ensuring
the rights and the safety of all children.
· Ensures that the IEP contains positive
behavioral interventions and supports for a child whose behavior impedes the
childs learning, or that of others.
· Requires schools to consider whether a
childs behavior was the result of their disability when considering
disciplinary action.
Reducing Paperwork · Streamlines State and
local requirements to ensure that paperwork focuses on improved educational and
functional results for children with disabilities.
· Clarifies that no information is
required in an IEP beyond what federal law requires.
· Eliminates the requirement that IEPs
must include benchmarks and short-term objectives that generate more paperwork
but requires quarterly reports to parents on the childs progress.
· Reduces the number of times that
procedural safeguards notices must be sent out to parents to once per year,
unless the parent registers a complaint or requests a copy.
· Ensures that State regulations are
consistent with IDEA and that any State-imposed requirements or paperwork
reporting are clearly identified to local educational agencies.
· Requires the Secretary to develop model
forms, review paperwork requirements and provide Congress with proposals to
reduce the paperwork burden on teachers.
Improving Parental Involvement · Provides
parents with increased information and access to resources to support parents
through dispute resolution and due process.
· Encourages parent and community training
information centers (PTIs) to focus on improving parent-school collaboration and
early, effective dispute resolution.
· Encourages PTIs to use scientifically
based practices and information in assisting parents.
· Allows parents and schools to agree that
a student reevaluation is unnecessary, especially when the student is finishing
high school.
· Allows a parent to request an initial
evaluation of a child for IDEA services.
· Allows parents and schools to agree to
make changes to an IEP during the year without having to reconvene an entire IEP
meeting, saving time for both parents and schools.
Supporting Teachers · Clarifies that most
special education teachers do not have to be certified in every subject they
teach but must be certified in special education.
· Extends the timeframe for special
education teachers to be highly qualified to the end of the 2006-07 school year.
· Designates 100% of state program
improvement grants to support preparation and professional development for
teachers.
· Authorizes two grant programs for
enhanced support and training for special educators and training to support
general educators, principals, and administrators.
· Authorizes local educational agencies to
use a portion of Part B funds for providing professional development to help
teachers deliver scientifically based academic instruction and behavioral
interventions in order to help children succeed in school.
· Allows States to use the increased state
activities funds to assist in meeting personnel shortages, and provide technical
assistance and professional development to teachers.
Increasing Flexibility and Local Control ·
Authorizes local educational agencies in compliance with IDEA to use up to 8% of
the federal funds as local funds and up to 25% once full funding is achieved.
This funding will be available for use by local educational agency for local
priorities.
· Authorizes states in compliance with
IDEA that fund 80% or more of the non-federal cost of special education and
related services to use the same amounts of flexibility as local educational
agencies to support purposes of the Elementary and Secondary Education Act and
needs-based student and teacher higher education programs.
Reducing Misidentification of Non-Disabled
Children
· Allows for the development of new
approaches to determine whether students have specific learning disabilities by
clarifying that schools are not limited to using the IQ-achievement discrepancy
model.
Providing Early Access to Services and
Support
· Authorizes local educational agencies to
use up to 15% of IDEA funds for support services to help students not yet
identified with disabilities but who require additional academic and behavioral
support to succeed in a general education environment.
· Requires that initial evaluations occur
within 60 days of referral unless the state currently has a policy that
establishes a timeline for evaluation.
· Maintains early intervention and
preschool special education programs for infants, toddlers, and preschoolers
with disabilities.
Improving Transition Services
· Simplifies the rules for transition
services--activities that help a student begin planning for life after high
school--by requiring that these services and planning begin at age 14.
· Provides an option to develop a 3-year
IEP for students ages 18 to 21, to directly focus parents and schools on
long-term goals for helping students transition to postsecondary activities.
· Facilitates transition to post-secondary
activities by focusing exit evaluations on recommendations to assist the child
in meeting post-secondary goals.
· Promotes the involvement of the State
vocational rehabilitation system with disabled students while still in secondary
school.
Reforming Special Education Finance and
Funding · Simplifies funding for grants to States and local educational
agencies, state administration, other state-level activities, risk pool funds,
and flexibility authority making future years funding levels and amounts
available more predictable.
· Provides new resources to assist local
educational agencies and charter schools that are local educational agencies in
addressing the needs of high-need children and unanticipated enrollment by
establishing a risk pool fund to assist in meeting those needs.
· Caps the amount for administrative
overhead at the fiscal 2003 level while authorizing States to retain an
increased portion for other required state-level activities--this amount would
also be capped after two years.
· Clarifies that funds re-designated as
local pursuant to the flexibility provisions can be used to provide the
non-federal match for purposes of applying for federal reimbursement of
allowable costs for special education related services under Medicaid.
[Brief Commentary: Anyone who has ran or
been a part of a scientific behavioral program knows that without taking data
such programs can be worse than ineffective; they can result in disastrous
mis-training. Setting goals and objectives is taking data. If you think
special education is little more than expensive babysitting/window dressing now,
what till teachers and school districts are held even less [legally] accountable
for their work -- which is what this is really all about.
Reducing paperwork is a euphemism for
reducing accountability. Reduce paperwork, sure. Eliminate the requirement for
any of it is program death and your ASD child is at even greater risk for
growing up as a houseplant. What could a so-called quarterly progress report
tell a parent if your child s progress is not tracked scientifically? If this
reform alone flies, the IDEA is history. Disabled children will be seriously
screwed out of a chance to progress up from their disabilities through quality
educational interventions held to objective standards. This is bipartisan
political pedophilia and should be exposed and resisted.
Other opinions on this matter and any
others related to autism, submitted here for publication are welcomed. -LS.]
U.S. Newswire - Two solicitations to help
mentor and successfully transition youth with disabilities to work were
published in the June 16, 2003 Federal Register by the Office of Disability
Employment Policy (ODEP), Secretary of Labor Elaine L. Chao announced today.
ODEP is making available $3 million to
award up to 6 competitive grants in the amount of approximately $500,000,with
several main goals: 1) assisting states in assessing youth services; 2)
connecting schools and other youth-serving institutions with workplaces and
other resources; and,
3) creating a forum for building a system that
better meets the transition needs of youth with disabilities and all
stakeholders.
Another $450,000 will be available to
fund three competitive grants up to $150,000, to organizations that will
facilitate delivery of mentoring activities through faith-based and community
organizations to promote positive employment and transition outcomes for youth
with disabilities. These latter grants are made by ODEP in collaboration with
the Departments Center for Faith-Based and Community Initiatives.
Secretary Chao said, Increasing
employment opportunities for young people with disabilities is an integral part
of the employment-related objectives of President Bushs New Freedom Initiative
and our nations workforce and economy will be enriched by their participation.
ODEPs Assistant Secretary of Labor, Roy
Grizzard, whose agency administers the grants, added These grants will help
promote positive employment outcomes for youth with disabilities through
effective transition and mentoring programs.
Applications and eligibility information
for each grant is available in the Federal Register notice, which can also be
accessed through
http://www.dol.gov/odep.
ODEP is the nations first Assistant
Secretary-led office that specifically addresses policies that impact employment
of people with disabilities. It acts as a catalyst to stimulate new ideas about
employment through research and development, policy analysis, grant awards,
technical assistance, and the promotion of effective business practices.
AutismConnet Brings More Live Discussion over
Internet, News
[From an organization announcement by
Adam Feinstein, Editor, AutismConnect.]
In view of a new study which shows that
autism cases in California have nearly doubled over the past four years to more
than 20,000, autismconnect (www.autismconnect.org)
is running an exciting live discussion forum on the debate over the possible
causes for this apparently dramatic increase on July 2, 2003, at 5pm GMT (9am in
California, 12 noon in New York).
Please take this opportunity to put any
questions live to Rick Rollens, one of the best-known autism advocates in the
United States. Rollens resigned as Secretary of the US Senate in 1996 in order
to dedicate his time to pursuing effective treatments for his autistic son,
Russell. He believes that Russells condition was caused by a vaccine and is
also convinced that there is an exploding autism epidemic in California.
The recent revival of the debate over the
triple MMR (measles, mumps,
rubella) jab -and the study by Dr Mark Geier in
Bethesda, Maryland, in April which found that children who had received vaccines
containing the mercury-based preservative called thimerosal were more than twice
as likely to develop autism than children who did not make this autismconnect
discussion forum an extremely timely event and a valuable chance for you all to
enjoy a free and frank exchange of views.
In my latest Adams Week column, Theres
good news and then theres SARS, I take a look at two uplifting recent
cases. The first is the remarkable success of 12-year-old Hillary Brenner in
Florida, who was diagnosed autistic at the age of four but was also born with a
huge tumour which has led to many operations. Amazingly, she is now fully
mainstreamed. The other encouraging case involves Barry Manilow, the famous
crooner. Without realising it, he has persuaded a five-year-old autistic boy,
Steven Conover, to start talking in sentences in California.
In the interests of journalistic balance,
I do also examine a couple of troubling pieces of news over the past week. The
first featured one of my
heroes: Tian Huiping, the mother of an autistic
child who set up the Stars and Rain Education Institute for Autism outside
Beijing - its mainland Chinas only privately run autism school - ten years
ago. The school now faces serious financial problems after a volunteer teacher
fell seriously ill with SARS - Severe Acute Respiratory Syndrome - in late
April, and the parents of all 50 pupils ignored Tians impassioned pleas to stay
put and withdrew their children. The other disturbing development over the past
seven days which is discuss in my column is the news that a British judge has
ordered two girls to be given the triple MMR (measles, mumps, rubella) vaccine,
against their mothers wishes.
which now has an online community of over 29,000
people around the World. A newsletter (which is now every 2 weeks) keeps people
coming back.
AutismConnect has a links section in
which we profile over 1400 web sites, providing a description of each site. We
are now starting the task of checking that this text is accurate, and I would
like to ask you to check your entry below. By the way this is not a sales
gimmick AutismConnect is free, and will remain free, both to those sites we
link to and more
importantly our Members. Further than that, we
are about to undertake some
more web development work which will make the
site more accessible (text only, no frames), as we know the use of Flash has put
some people off.
Free daily covering news on autism related
issues. Clips from other sources as well as providing their own - so you do not
have to subscribe to the lot, although we hope you wont leave AutismConnect!!
##################################
If you would like any changes to the
existing text, please e-mail me back and I will update the site. Likewise, if
you do not want us to change the description, please drop me a mail and I will
make a note to leave it as
is for now. By the way this is not a 1-off
update please e-mail any
time you add new functionality or have anything
new to say about your site.
-John Duffy
AutismConnect
EDITORS RESPONSE: Hello John. Please, you
need not change a word of it. That such a fine publication/portal as
AutismConnect would pick us out of 1400 websites and express concern that we
might walk off with your readers is most flattering. But I assure you that as
thorough as the Schafer Autism Newsletter might be at informing the autism
community about autism, we barely scratch the surface at raising overall public
awareness; there is plenty work for all of us.
-Fraternally yours,
Lenny
ADDITIONAL NOTE TO OUR READERS who may
have forsaken the lot of autism websites since subscribing here, we urge you
to return to AutismConnect to scout out the offerings. If any of those 1400
websites are worth mentioning, let us know and we will share the wealth with our
readers. And you can ignore our website, too; its mainly for subscribing on new
readers.
* * *
On Ordering Blood Tests Before Vaccinations
One comment on the suggestion for parents
to order a simple test for titers, vaccination. In my state, Iowa, even if you
show sufficient titers, the law still requires immunization except in the case
of MMR.
Therefore, even if you are aware of this
test, it does little good to request your physician to draw for it. Your child
ends up with an unnecessary invasive procedure and you likely get stuck with the
bill.
-Jane Eilers
EDITORS RESPONSE: The low risk of an
invasive titers blood test, from blood often drawn concurrently for other blood
tests and therefore in such cases posing no additional risk, may be considered
unnecessary by some, but for parents who suspect their child may be vulnerable,
the additional knowledge will help them make an informed choice whether or not
to put the health of their child ahead of the expediencies of the law. Leaving
the state or even civil disobedience may be the best decision to make for
families with a history of immune disorders or autism.
The US Supreme Court just ruled that the
government may not arbitrarily force accused defendants with medication in order
make the accused more psychologically stable to expedite the judicial process.
It would seem logical that children who as children rarely reach such criminal
status, would be afforded at least the same protections against forced
prophylactic invasions of their completely innocent little bodies by the state.
-LS.]
DISCLAIMER: All
information, data, and material contained, presented, or provided here is for
general information purposes only and is not to be construed as reflecting the
knowledge or opinions of the publisher, and is not to be construed or intended
as providing medical or legal advice. The decision whether or not to vaccinate
is an important and complex issue and should be made by you, and you alone, in
consultation with your health care provider.
"A foolish faith in authority is the worst enemy of truth."
-- Albert Einstein, letter to a friend, 1901
"I know of no safe depository of the ultimate powers of the society but the people themselves, and if we think them not enlightened enough to exercise control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education."
-- Thomas Jefferson, letter to William C. Jarvis, September 28, 1820
"What's the point of vaccination if it doesn't protect you from the unvaccinated?"
-- Sandy Gottstein
"Who gets to decide what the greater good is and how many will be sacrificed to it?"