Individuals with Disabilities Education Act (IDEA).

IDEA Reauthorization Update
May 14, 2004
Senate Passes IDEA Reauthorization Bill

On May 13, 2004 the United States Senate passed its version of the bill to reauthorize the Individuals with Disabilities Education Act (IDEA). Several amendments were added on the Senate floor. These included:

• Funding- This amendment provides a glide path to full funding within 8 years but stops short of making the funding appropriations mandatory. Future funding decisions would continue to go through the annual appropriations process;
• Paperwork-This amendment allows up to 15 states to obtain a Federal waiver from IDEA paperwork requirements. The Department of Education may not grant waivers on issues affecting the ability of child to receive a free, appropriate public education, procedural safeguards or applicable civil rights requirements;
• Attorney fees- This amendment will allow courts to award attorney fees to state and local education agencies who are prevailing parties in situations where the complaint or subsequent cause of action is frivolous, unreasonable, or without foundation and in situations which cause harassment, unnecessary delays or needlessly increase in the cost of litigation. The fees would be assessed against the attorneys representing parents in these situations;
• Homeless, foster and children from military families-This amendment would increase access to education services and enhance the quality of education services for children in these situations;
• National study on disability- This amendment names the Department of Education to a group of federal agencies who are studying the effects of environmental influences on the health and development of children.

All of these amendments generated little debate except for the one dealing with funding. The final version of the bill passed by a vote of 95-3.

The next step in the process is the appointment of a conference committee to negotiate the differences between the Senate and House bills. It is unclear when and if the conference committee will meet.