This is a partial summary of changes the Senate HELP Committee=s November 4 bill made to the previous bill the Committee approved in June. We didn’t do any parts after Part C (since Parts B & C affect our own children)--but we did summarize the beginning of the bill and then Parts B and Parts C. These are the changes that wespotted; it is not an all-inclusive list; there may well be other changes, and its only a draft. Although this is not a comparison to the IDEA itself, it is often fairly clear when something is brand new to the IDEA, e.g. the new Highly Qualified Teacher language.

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After the Bill table of contents,

In (c) Findings, RS 1248 adds additional Congressional findings that schools and parents should work together constructively, that irrelevant and unnecessary paperwork should be reduced, and that effective transition services to post-school employment and education are important measure of accountability.

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 AHighly 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.

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.

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.

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.

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(b)(6) Evaluation Procedures for Specific Learning Disabilities: June 2003 Senate bill said AIn 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 o to resolve the complaint through a settlement meeting OR the HO grants permission before hearing occurs.

Sec. 615(c) Procedural safeguards notice: mostly looks like technical/conforming amendments, e.g. a statement that parents can present and r 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.

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 Afunctional@ before behavioral assessment here.

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.

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 i to individual children.

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.

Amendment strikes provision that would have allowed early intervention (Part C) services to be provided by personnel who are still completing c when there is a shortage of available personnel.

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 an early intervention evaluation children under age 3 who have experienced substantiated case of "exposure to violence or trauma."

IFSP: Content of Plan to include statement of Ameasurable@ outcomes; new bill adds the word measurable.

Applications to include certification re establishing financial requirements for services, pursuant to 640(b); certifications to be current as of date of certification. State plan to describe criteria for referral for evaluation for EI (bill adds word Aevaluation@).

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.

There is an extensive amendment here to AObligations Related to and Methods of Ensuring Services.@

SEC. 643. ALLOCATION OF FUNDS. There=s a change to the section on State Bonus Grants.