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CEC Updates
According to information provided through CEC, it is important to note the following: The Chairman of the House Committee put it bluntly: Everyone didn't realize when we passed NCLB that "we created a new paradigm." Now "we have to take the shackles off of local schools" in IDEA so they can meet NCLB. "We have to be more integrated with NCLB. This bill is the next step in our effort to reform education in America." In other words, we're moving away from IDEA (and individualized education) and toward NCLB (once a year standardized tests in reading and math).

With the December 3, 2004 signing of the bill by President Bush, the following areas continue to be a concern:

• "Too many children are identified as having learning disabilities and placed in special education." (statements made in the U.S. House)The solution? "Get rid of wait-to-fail" with its "emphasis on IQ testing" and "substituting response to intervention."
• The IDEA bill states, "a local educational agency shall not be required to take into consideration whether a child has a severe discrepancy between achievement and intellectual ability .... a local educational agency may use a process that determines if the child responds to scientific, research- based intervention as a part of [currently required] evaluation procedures....".
• H.R. 1350 eliminates short term objectives from the IEP except for those students with the most significant cognitive disabilities who take alternate assessment.
• The bill allows 50% of new IDEA funds to be used for any educational purpose under NCLB. Some have complained that NCLB is under funded. The response of Congress appears to be to use 50% of new IDEA money for No Child Left Behind.
• 15% of all IDEA funds may be used for non-disabled students.
• H.R. 1350 contains NO mandatory funding for IDEA.
• The bill does maintain the manifestation determination, but expands removal to an interim alternative educational setting to not only students who bring weapons and/or drugs to school but also those students who commit "serious bodily injury."
• States will have to notify every local school district in writing of any State special ed rules and regulations that exceed the requirements of IDEA, creating great pressure to eliminate regs such as special ed class size.
• The bill changes "highly qualified" teacher, attorney's fees, and allows 15 States to eliminate part or all of the IEP (see below for summary).
• According to the House Education & Workforce Committee summary of H.R. 1350, a parent can be ordered to pay both their own attorney's fees AND the school district's attorneys fees if the school district is the prevailing party in a due process hearing and the parent starts the case for "any improper purpose".

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