MORE DETAILED LIST OF CHANGES RS 1248 MAKES TO JUNE BILL
Below are a list of changes that we spotted in the bill that the Senate HELP Committee reported out in Nov. 2003, as compared to the bill they approved in June 2003. It consists of the beginning of the bill through Part C. It does not include Part D and later parts of the IDEA. The list below is a draft and it is not intended as an all-inclusive list. (This is pretty time-consuming work and we focused on Parts B and C because they affected our own children. We redlined Part D but didn't summarize it, so it is a separate link.
In (c) Findings, after bill table of contents, RS 1248 adds additional Congressional findings that
(8) Parents and schools should be given expanded opportunities to resolve their disagreements in positive and constructive ways.
(9) Teachers, schools, local educational agencies, and States should be relieved of irrelevant and unnecessary paperwork burdens that do not lead to improved educational outcomes.
(14) As the graduation rates for children with disabilities continue to climb, providing effective transition services to promote successful post-school employment or education is an important measure of accountability for children with disabilities.
Sec. 602 of the bill is amended to state that Assistive Technology doesn’t including surgically implanted medical devices & programming, maintenance, and other devices connected to them, other than the cost of routine maintenance and monitoring of the device at the same time the child is receiving services under the IDEA.
Sec 602(10) rewrites the "Highly Qualified Teachers" definition, to include Bachelors Degree teachers who complete alternative means of certification, and to specify the tests/alternative methods teachers need to have satisfied. Also, special provisions for teachers of children with significant cognitive disabilities in H.S., and other changes to 602(10). These changes could particularly impact children in self-contained classrooms and possibly other children for the time they spend in special education resource rooms. NCLB may ameliorate the concerns for children who are mainstreamed, but query whether there could be statutory construction issues between NCLB and the new IDEA 2003/04, if this is part of it. See below for redline:
Sec. 602 (10) Highly qualified; consultative services.
(A) Highly qualified.HIGHLY QUALIFIED- The term `highly qualified', w means the following:
(A) ALL SPECIAL EDUCATION TEACHERS- When used with respect to any person employed as apublic elementary school or secondary school special education teacher teaching in a State, means athat the teacher who
(i)(I) except as provided in clauses (iii) and (iv), for teachers who are new to the profession, meets the definition of that term in section 9101(23) of the Elementary and Secondary Education Act of 1965, includingholds at least a bachelor's degree and that--
(i) the teacher has obtained full State certification or licensure as a special education teacher through a State-approved special education teacher preparation program (including certification or licensure obtained through State or local educational agency approved alternative routes to certification) or other comparably rigorous methods, or passed the State teacher special education licensing examination, and holds a license to teach in the State as a special education teacher, except that when used with respect to any teacher teaching in a public charter school, the term means that the teacher meets the requirements set forth in the State's statute on public charter schools; or
(II) except as provided in clauses (iii) and (iv), for teachers who are not new to the profession, has passed a State-approved special education licensing or certification examination, and holds a license or is certified to teach special education in such State, except that when used with respect to any teacher teaching in a public charter school, the term means that the teacher meets the requirements set forth in the State's statute on public charter schools.
(ii) does not haveschool law;
(ii) the teacher has not had certification or licensure requirements waived on an emergency, temporary, or provisional basis;
(iii) if the teacher
(iii) the teacher demonstrates knowledge of special education and the teaching skills necessary to teach children with disabilities.
(B) NEW ELEMENTARY SCHOOL SPECIAL EDUCATION TEACHERS- When used with respect to a special education elementary school teacher who is new to the profession, means that the teacher demonstrated, by passing a rigorous State test, subject knowledge and teaching skills in reading, writing, mathematics, and other areas of the basic elementary school curriculum (which may consist of passing a State-required certification or licensing test or tests in reading, writing, mathematics, and other areas of the basic elementary school curriculum).
(C) NEW MIDDLE SCHOOL AND SECONDARY SCHOOL SPECIAL EDUCATION TEACHERS- When used with respect to a special education middle school or secondary school teacher who is new to the profession, means that the teacher has demonstrated a high level of competency in each of the academic subjects in which the teacher teaches by--
(i) passing a rigorous State academic subject test in each of the academic subjects in which the teacher teaches (which may consist of a passing level of performance on a State-required certification or licensing test or tests in each of the academic subjects in which the teacher teaches); or
(ii) successful completion, in each of the academic subjects in which the teacher teaches, of an academic major, graduate degree, coursework equivalent to an undergraduate academic major, or advanced certification or credentialing.
(D) VETERAN SPECIAL EDUCATION TEACHERS- When used with respect to an elementary school, middle school, or secondary school special education teacher who is not new to the profession, means that the teacher has--
(i) met the applicable standard in subparagraph (B) or (C), which includes an option for a test; or
(ii) has demonstrated competence in all the academic subjects in which the teacher teaches based on a high objective uniform State standard of evaluation for special education teachers that--
(I) is set by the State for both grade-appropriate academic subject matter knowledge and special education teaching skills;
(II) is aligned with challenging State academic content and student academic achievement standards and developed in consultation with special education teachers, core content specialists, teachers, principals, and school administrators;
(III) provides objective, coherent information about the teachers' attainment of knowledge of core content knowledge in the academic subjects in which a teacher teaches;
(IV) is applied uniformly to all special education teachers who teach in the same academic subject and the same grade level throughout the State;
(V) takes into consideration, but is not based primarily on, the time the teacher has been teaching in the academic subject;
(VI) is made available to the public on request; and
(VII) may involve multiple objective measures of teacher competency.
(E) TEACHERS PROVIDING CONSULTATIVE SERVICES-
(i) IN GENERAL- Notwithstanding subparagraphs (B) through (D), when used with respect to a special education teacher who
provides only consultative services to a highly qualified regular education teacher(iv) if the teacher provides instruction in a core academic subject to middle or secondary students who are performing at the elementary level, the teacher shall meet the standards for subject knowledge and teaching skills described in section 9101(23) of the Elementary and Secondary Education Act of 1965 that apply to elementary school teachers.
(B) Consultative services. As used in
(iiiii) CONSULTATIVE SERVICES- As used in clause (i), the term `consultative services' means
(i) consultation on adapting curricula, using
(ii) teaching in collaboration with a regular
(F) EXCEPTION- Notwithstanding subparagraphs (B) through (D), when used with respect to a special
education teacher(i) passing a rigorous State test (which may consist of passing a State-required certification or licensing test or tests in those areas); or
(ii) demonstrating competency in all the
academic subjects(11) Indian.
Sec. 602(25) Surgically implanted devices and services related to them, other than monitoring/maintenance while the child is in school, are exempted from the definition of related services.
Related services.RELATED SERVICES- The term `related services' means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school health services, counseling services, including rehabilitation counseling, orientation and mobility services, travel training instruction, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a child with a disability to benefit from special education, and includes the early identification and assessment of disabling conditions in children.
(26) Secondary school.
PART B
Sec. 612(a)(14)(C) Standards for Special Education Teachers. Notwithstanding the requirements of the Elementary & Secondary Education Act of 1965, the Secretary of Ed, for determining compliance, shall apply the definition of highly-qualified teachers contained in 602(10) of the [new] IDEA, and that sped teachers of core subjects be highly qualified under 602(10) by end of 2006-07. Also amends Parents Right to Know to require certain info be available re certification of sped teachers.
(14) PERSONNEL STANDARDS-
(A) IN GENERAL- The State educational agency has established and maintains standards to ensure that personnel necessary to carry out this part are appropriately and adequately prepared and trained, including that those personnel have the content knowledge and skills to serve children with disabilities
* * *
(C) Standards for special education teachers.STANDARDS FOR SPECIAL EDUCATION TEACHERS-
(i) In general.N GENERAL- The standards described in subparagraph (A) shall ensure that each person employed as a special education teacher in the State who teaches in an elementary, middle, or secondary school is highly qualified not later than the end of the 200609-2007 school year.
(ii) Compliance. Compliance with clause (i) by the deadline established in such clause shall be deemed to beCOMPLIANCE- Notwithstanding paragraphs (2) and (3) of section 1119(a) of the Elementary and Secondary Education Act of 1965, for purposes of determining compliance with such paragraphs--
(I) the Secretary, the State educational agency, and local educational agencies shall apply the definition of highly qualified in section 602(10) to special education teachers; and
(II) the State shall ensure that all special education teachers teaching in core academic subjects within the State are highly qualified (as defined in section 602(10)) not later than the end of the 2006-2007 school year.
(iii) PARENTS' RIGHT TO KNOW- In carrying out section 11191(ah)(26) of the Elementary and Secondary Education Act of 1965 with respect to such teachers.
(D) Policy.special education teachers, a local educational agency shall--
(I) include in a response to a request under such section any additional information needed to demonstrate that the teacher meets the applicable requirements of section 602(10) relating to certification or licensure as a special education teacher; and
(II) apply the definition of highly qualified in section 602(10) in carrying out section 1111(h)(6)(B)(ii).
(D) POLICY- In implementing this section, a State shall adopt a policy that includes a requirement that local educational agencies in the State take measurable steps to recruit, hire, train, and retain highly qualified personnel to provide special education and related services under this part to children with disabilities.
Sec. 612(a)(16) Appears to clean up language in Alternate Assessments requirements; doesn’t look substantive.
Sec. 613(a)(2)(iv)
Removes a prohibition that if SEA determines LEA can’t provide FAPE, SEA shall prohibit LEA from treating federal funds as local funds if state law authorizes this.(v) Prohibition. If a State educational agency determines that a local educational agency is unable to establish and maintain programs of free appropriate public education that meet the requirements of this subsection, then the State educational agency shall prohibit the local educational agency from treating funds received under this part as local funds under clause (i) or (ii) for that fiscal year, but only if the State educational agency is authorized to do so by the State constitution or a State statute.
Sec. 613(f) provides that Secretary will report on types of services provided with the 15% of IDEA funds that LEAs are permitted to divert to other purposes (called Early Intervention, but its not 0-3 early intervention, as we commonly use that term, but pre-IDEA intervention).
SEC. 614. EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS.
Sec. 614(b)(6) Evaluation Procedures for Specific Learning Disabilities: June 2003 Senate bill said "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;" the November bill adds that this will be part of the evaluation procedures under Sec. 614 of IDEA.
Sec. 614(d)(1)(A)(i)(d)(III) IEPs: IEP to include description of how child’s progress toward meeting annual goals will be measured and when periodic reports (such as quarterly reports) will be provided. See attached redline for more details; appears to strike requirement in June 2003 bill that IEP should state the progress child has made toward meeting annual goals, along with this description.
Sec. 614(d)(1)(B)(iii) If parents agree that an IEP team member need not be present for the meeting, it must be in writing. Interestingly, this doesn’t say that the parent has to sign the writing; just that it has to be in writing.)
Sec. 615(c) (2) Due Process Complaint Notice. If opposing party disputes that due process complaint notice is legally insufficient, H.O. shall make determination within 5 days, and new bill adds, shall immediately notify both parties in writing. Parents can amend complaint if the public agency consents and is given the ooportunity to resolve the complaint through a settlement meeting -OR- the HO grants permission before hearing occurs.
(2) Due process complaint notice.UE PROCESS COMPLAINT NOTICE-
(A) In general.N GENERAL- The due process complaint notice required under subsection (b)(7)(A) shall be deemed to be sufficient unless the party receiving the notice notifies the hearing officer and the other party in writing that the receiving party believes the notice has not met the requirements of that subsection.
(B) Timing.TIMING- The party sending a hearing officer notification under subparagraph (A) shall send the notification within 20 days of receiving the complaint.
(C) Determination.DETERMINATION- Within 5 days of receipt of the notification provided under subparagraph (B), the hearing officer shall make a determination on the face of the notice of whether the notification meets the requirements of subsection (b)(7)(A).
and shall immediately notify both parties in writing of such determination.
(D) PARENT'S AMENDED NOTICE OF COMPLAINT-
(i) IN GENERAL- A parent may amend the parent's due process complaint notice only if--
(I) the public agency consents in writing to such amendment and is given the opportunity to resolve the complaint through a meeting held pursuant to subsection (f)(1)(B); or
(II) the hearing officer grants permission, but may do so only before a due process hearing occurs.
(ii) APPLICABLE TIMELINE- The applicable timeline for a due process hearing under this part shall recommence at the time the party files an amended notice.
Sec. 615(c) Procedural safeguards notice: mostly looks like technical/conforming amendments, e.g. a statement that parents can present and respolve complaints, the opportunity to resolve complaints, and the availability of mediation.
Sec. 615(i)(4): new section added allowing parents to represent children pro se in federal court; adoption of recent First Circuit decision.
(j) Maintenance of Current Educational Placement.4) PARENTS REPRESENTING THEIR CHILDREN IN COURT- Subject to subsection (m), and notwithstanding any other provision of Federal law regarding attorney representation (including the Federal Rules of Civil Procedure), a parent of a child with a disability may represent the child in any action under this part in Federal or State court, without the assistance of an attorney.
(j) MAINTENANCE OF CURRENT EDUCATIONAL PLACEMENT-
Sec. 615(k)(1)(F) Placement in Alternative Educational Setting. Student who is removed and sent to alternative setting will get behavioral intervention services, and a functional behavioral assessment; new bill adds the word "functional" before behavioral assessment here.
SEC. 616. MONITORING, TECHNICAL ASSISTANCE, AND ENFORCEMENT.
Sec. 616(b): Section deals with secretary’s review of state and state’s reporting requirements. New 616(b)(2)(D) states that State will measure LEA progress in meeting benchmarks and indicators in Sec. 616(b); State to report annual to public on LEA’s progress EXCEPT where doing so would result in disclosing personally identifiable info about individual children or where available data insufficient to yield statistically reliable info.
3) Data collection and analysis.
(i) IN GENERAL- After the Secretary approves a State's compliance plan under subparagraph (C), the State shall use the benchmarks in the plan and the indicators described in this subsection to analyze the progress of each local educational agency in the State on those benchmarks and indicators.
(ii) REPORT- The State shall report annually to the public on each local educational agency's progress under clause (i), except where doing so would result in the disclosure of personally identifiable information about individual children or where the available data is insufficient to yield statistically reliable information.
(3) DATA COLLECTION AND ANALYSIS-
The Secretary shall(A) review the data collection and analysis capacity of States to ensure that data and information determined necessary for implementation of this subsection is collected, analyzed, and accurately reported to the Secretary; and
SEC. 617(d). ADMINISTRATION.
Secretary of Ed will also do a model IFSP plan (for children in 0-3 programs)
SEC. 618. PROGRAM INFORMATION.
Adds gender as one of the categories States to break data down into that is provided to Secretary. State also to report on number of children who stop receiving special-ed because they graduate with a regular diploma. All reported data to be in manner that doesn’t disclose info indentifiable to individual children.
PART C
SEC. 631
. FINDINGS AND POLICY.Early intervention to include cued language services; qualified personnel to include teachers of the deaf and vision specialists, including opthamologists and optometrists.
SEC. 635. REQUIREMENTS FOR STATEWIDE SYSTEM.
Amendment strikes provision that would have allowed early intervention (Part C) services to be provided by personnel who are still completing coursework when there is a shortage of available personnel.
(b) Policy. In implementing subsection (a)(9), a State may adopt a policy that includes making ongoing good-faith efforts to recruit and hire appropriately and adequately trained personnel to provide early intervention services to infants and toddlers with disabilities, including, in a geographic area of the State where there is a shortage of such personnel, the most qualified individuals available who are making satisfactory progress toward completing applicable coursework necessary to meet the standards described in subsection (a)(9), consistent with State law within 3 years.
Also, Sec. 635 permits state to use its early intervention program, rather than special-ed preschool, to serve children 3-5. Amendment requires participating children to have previously been receiving services under Part C/early intervention. Notice given to parents about early intervention program to include statement of any fees to be charged to families. Clarifies when transition plan for Part B will occur (including for special-ed preschool under 619). States must refer for early intervention evaluation children under age 3 who have experienced substantiated case of "exposure to violence or trauma."
SEC. 636. INDIVIDUALIZED FAMILY SERVICE PLAN.
IFSP: Content of Plan to include statement of "measurable" outcomes; new bill adds the word measurable.
SEC. 637. STATE APPLICATION AND ASSURANCES.
Applications to include certification that arrangments to establish financial responsibvility for services, pursuant to 640(b) are current as of dat of certification. State plan to describe criteria for referral for evaluation for EI (bill adds word "evaluation").
If child aged 3-5 is going to receive services through Part C, parents must consent in writing that this will be in lieu of providing FAPE under part B.
SEC. 640. PAYOR OF LAST RESORT.
There is an extensive amendment here to "Obligations Related to and Methods of Ensuring Services."
SEC. 643. ALLOCATION OF FUNDS. There’s a change to the section on State Bonus Grants.