Reauthorization of the Individuals with Disabilities Education Act (IDEA)
The Individuals with Disabilities Education Act (IDEA), first enacted in 1975 as the Education for the Handicapped Act, is the federal law providing eligible children and youth with disabilities special education and related services. The law requires specific eligibility criteria to be met before services may be provided. Once eligibility is established, an Individualized Education Program (IEP) is developed, delineating the type and scope of services and the setting in which services will be delivered.
The IDEA underwent a major change during the 1997 reauthorization, moving from a process and compliance orientation to a focus on student results and achievement. Changes included:
§ an assumption that the student participate in the general curriculum, unless non-participation can be justified;
§ a requirement that states develop performance goals and indicators, aligned as closely as possible with state standards for non-disabled students; and,
§ a requirement that students with disabilities be included in state- and district-wide assessments, with appropriate accommodations and modifications.
The IDEA was scheduled for reauthorization in 2002, but this task fell low on policymakers' priority list. Although hearings were held, neither the House or Senate-or the White House-put together an IDEA reauthorization package. Work isn't expected to begin in earnest until 2003. President Bush intends to submit his IDEA reauthorization proposal to Congress early next year as part of his fiscal year 2004 budget request. The White House Commission on Excellence in Special Education, created by executive order in October 2001, met over in 2002 to discuss IDEA reauthorization and released its final report in July 2002.
In preparation for the IDEA reauthorization, ACA surveyed its members to determine their priorities with respect to the law. Analysis of the surveys revealed that ACA members are concerned about the eligibility determination process and the identification of special needs students, their ability to provide counseling services, and excessive paperwork. ACA members indicated that "identification" and "eligibility" were the top two priorities for change in IDEA. However, there is no clear answer on how to remedy the extremely complex problems associated with either issue. During the IDEA reauthorization in 1997, ACA members had strongly mixed opinions on discipline as it related to students with disabilities. As a result, ACA purposefully stayed neutral on this issue, with the exception of cessation of services.
On IDEA, we are working in coalition with the Consortium for Citizens with Disabilities (CCD) and the National Alliance of Pupil Services Organizations (NAPSO). ACA is also working with the Council of State Administrators of Vocational Rehabilitation (CSAVR) to address the issue of "transition" for students with disabilities leaving high school and transitioning into life, school, and work.
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