Human Needs Report Article

The Human Needs Report is the Coalition on Human Needs' newsletter on national policy issues affecting low-income and vulnerable populations. It is published every other week while Congress is in session.

Senate Reauthorizes Disability Education Bill (5/21/04)

On Thursday, May 13, the Senate passed HR 1350, a bill to reauthorize the Individuals with Disabilities Education Act (IDEA), by a 94 to 3 vote. IDEA is a federal law that guarantees access to a free public education in the “least restrictive environment” to the nation’s 6.5 million students with disabilities and provides federal assistance to school districts to carry out this promise. This bill reauthorizes funding for IDEA through FY 2009.

The original law, passed in 1975, allows the federal government to reimbursestates for 40 percent of the average cost per special education student. Congresshas never fully funded IDEA, and subsequently has repeatedly failed to meet thisgoal. In FY 2004 states received $10.1 billion in IDEA funds, only covering 19percent of states’ costs. This places school districts in a tight fiscalsituation if they are to serve the needs of students with disabilities.

The reauthorization bill passed by the House last year worried many advocatesfor children with disabilities, as it continued to under fund IDEA. SenatorsTom Harkin (D-IA) and Chuck Hagel (R-NE) offered an amendment that would haveguaranteed a $2.2 billion increase in mandatory funding for IDEA over the next6 years to reach 40 percent funding levels. Under the Harkin-Hagel amendment,the $2.2 billion increase needed to get federal IDEA funding to 40 percent ofthe costs per student would not be dependent on annual appropriations. Althoughthe amendment received 56 yes votes, it was four votes shy of the 60 needed topass. Despite the loss, advocates were pleased with the bipartisan support.

An alternative funding amendment offered by Senator Judd Gregg (R-NH), Chairmanof the Health, Education, Labor and Pensions committee, was adopted by a 96-1vote. The Gregg amendment authorizes $12.4 billion for IDEA grants in fiscalyear 2005 and adds language to the bill that specifies annual funding levelsfor the Appropriations Committee. The suggested funding levels in the Gregg amendmentwould put IDEA on a “glidepath” to full funding by 2011, but thereis no guarantee that the Appropriations committee will provide the full amount.

The Senate agreed to several other amendments. Senator Patty Murray (D-WA) sponsoredan amendment ensuring that students with disabilities who transfer between districtsreceive the same attention in their new district. The Senate agreed to the amendment,which guarantees the rights of children whose parents are in the military, orthose who are homeless or in foster care. Also agreed to was an amendment sponsoredby Senator Hillary Clinton (D-NY) that calls on the Department of Education todo a national longitudinal study on the relationship between environmental healthfactors and students in public schools. An amendment that would allow schooldistricts to claim attorneys’ fees when they win a lawsuit regarding IDEAimplementation, sponsored by Senator Gregg, was also agreed to.

The Senate bill had much broader bipartisan support than the House bill, whichpassed almost exactly along party lines in a 251 to 171 vote last May. In theHouse, there was significant debate over funding, with Democrats pushing to makeIDEA an entitlement program to guarantee funding levels. House Republican leadershipdefeated this effort by refusing to allow a vote on the amendment. In contrast,there was bipartisan support in the Senate for the similar language in the Harkin-Hagelamendment.

The next steps are not clear as there are some significant differences betweenthese two bills, including difference provisions for disciplinary measures, paperworkreduction, enforcement and compliance provisions, highly qualified teacher provisions,and attorneys’ fees. The House bill would allow schools to punish a childwith disabilities under the school’s conduct code without taking into accounthis or her disability. Advocates fear these strict disciplinary provisions willresult in children with disabilities losing access to public education. The Housebill contains a 10-state pilot program to reduce paperwork; the Senate bill hasa 20-state pilot program. Advocates fear that this reduction in paperwork mayresult in the loss of certain civil rights for students with disabilities, andthey hope to limit its scope until it has been proven effective. The House billallows governors to place caps on attorney fees in IDEA cases where parents win,while the Senate version simply offers reimbursement to the school district ifthey win the case. Advocates worry that the House version would limit the amountof attorneys willing to take on IDEA cases and unfairly penalize poor familieswhose children have disabilities.

Despite the differences between the House and Senate bills, advocates say thata conference agreement is within Congress’ grasp this session if memberscontinue towards resolution.