Education

Last updated: 07/10/07

Education Links

Comments to Draft regulations to Title I (Modified Assessments) (2/06) [rich text version] Comments to U.S. Department of Education’s Paperwork Waiver Demonstration Program (2/06) [rich text version] Comments to The IDEA Multi-Year IEP Demonstration Program (2/06) [rich text version]

(from 2007 Legislative Agenda)

IDEA guarantees eligible children with disabilities the right to a free appropriate public education (FAPE) in the least restrictive environment (LRE). However, this vital law is not fully implemented, enforced, or funded. Investing in a successful educational experience is the major route for individuals with disabilities to become independent, productive, and contributing members of their communities. Many changes made to IDEA when it was reauthorized in 2004 have a direct impact on children and families. In 2002, Congress passed amendments to the Elementary and Secondary Education Act, which is commonly known as the No Child Left Behind (NCLB) Act. NCLB promises to improve education for all students – including students with disabilities – by increasing accountability of teachers and schools. NCLB is on the agenda to be reauthorized in 2007, and the rights and needs of children with disabilities must be taken into account when Congress re-authorizes the law.

The First Session of the 110th Congress must:

• Include full funding for IDEA in the FY 2008 Labor, Health and Human Services, Education appropriations to ensure that its provisions and protections can be effectively implemented, monitored, and enforced.
  
• Maintain the key role of the nation’s public schools in providing education to students with disabilities and the protections that accompany education in these schools.
  
• Ensure compliance with the LRE requirement and prevent any erosion of this requirement in legislation through:
  
  • Prohibiting the use of restraints and seclusion in school settings;
  • Requesting Government Accounting Office (GAO) studies on the regulation and use of restraint and seclusion in public and nonpublic schools serving students with disabilities, and state oversight and monitoring of students with disabilities placed in out-of-state schools; and
  • Requiring school districts to provide appropriate reporting to P&As of seclusion and restraints in public schools or schools that receive public funds.
     
• Ensure that children with disabilities are included – with accommodations and modifications approved by their IEP teams – in all testing/assessments required by NCLB.
  
• Ensure the accountability of local schools and school districts for the meaningful education of children with disabilities.
  
• Ensure that the U.S. Department of Education appropriately monitors State Education Agencies (SEAs) with regard to IDEA, NCLB, and the intersection of these laws.
  
• Ensure the availability of funding for pre-service and in-service training of general and special educators to increase the number of highly qualified teachers, as well as the academic outcomes of students with disabilities and the goal of inclusive education. One vehicle for these training options is the Higher Education Act.
  
• Ensure that Local Education Agencies (LEAs) and SEAs report on Annual Yearly Progress (AYP) and monitor the implementation and consequences of any new regulations, including those that allow a further 2 percent of students (total 3 percent) with disabilities to take alternate assessments.
  
• Provide funding for the P&As for parent training on the options for their children under NCLB.
  
• Ensure schools obtain Supplemental Education Service (SES) providers with the ability to meet the unique needs of students with disabilities.
  
• Reauthorize Head Start with an emphasis on increasing professional standards for staff; ensuring access to pre-literacy and school-readiness curriculum; maintaining a comprehensive approach to child development; and improving accountabilities for positive outcomes for children.
  
• Ensure that education and employment legislation taken up by Congress addresses the needs of students with disabilities transitioning from education systems to employment and adult service systems and holds those systems accountable for successful outcomes.
  
• Pass legislation to correct recent Supreme Court rulings that place the burden of proof on families of children with disabilities when parents file due process administrative claims and disallow payment for expert fees when families prevail.