New federal IDEA law represents a big improvement 

CSBA advocates say they will seek state legislation that incorporates a number of special education reforms contained in the recently reauthorized Individuals with Disabilities Education Act.

Phil Escamilla, CSBA Legislative Advocate, said the association is gratified at the extent to which federal lawmakers incorporated concerns raised by school board members into the final version of the bill.

“We are pleasantly surprised by the reforms achieved by the bipartisan members of the IDEA Conference Committee,” Escamilla said. “A significant number of the reforms CSBA proposed were included in the final version of the bill.”

CSBA’s Federal Issues Council, which includes board members and superintendents appointed by the CSBA President, along with the association’s Executive Committee and key staff, met last year with the Office of Special Education and Rehabilitation’s Acting Deputy Assistant Secretary Troy Justesen.

Congress reauthorized the IDEA legislation last month, after reaching compromises on reforms that address problems with discipline, paperwork, adequate federal special education funding and local flexibility.

Among the reforms included in the new bill:

• For the first time, the federal government makes an explicit commitment to eventually meeting the oft-stated goal of providing 40 percent of the costs of educating students with disabilities;

• States now have the option of seeking state legislation that would enable them to establish risk pools to subsidize local expenditures for educating high-cost students;

• Districts will be allowed to supplant an increased percentage of their own funds with federal money;

• A new provision in the law permits districts to use up to 15 percent of their IDEA money for early intervention support to academically challenged students in early grades who have not yet been identified as needing special education services;

• The law provides a cap on attorneys’ fees if a court finds that costs of a legal dispute over special education services are excessive or that parents have lodged a frivolous complaint;

• If a special education student’s disciplinary problems are unrelated to his or her disability, the new law eliminates separate disciplinary tracks for special education and regular students;

• Provides a pilot project to cut paperwork in up to 15 states; and makes other changes to make it easier for parents to get involved in the process of designing or making minor changes to students’ Individualized Education Programs or IEPs.

Related links:

• NSBA reference guide for local school board members