Magazine feature about special education legislation considered by Congress

1. additudemag.com
The Latest IDEA:
Compromising on Discipline and Disability
By Rick Hodges
Congress is poised to rewrite the law of many groups representing teachers and
that requires schools nationwide to schools. However, critics said the bill would
accommodate students with AD/HD and turn back the clock for education of
other disabilities and governs how schools disabled students.
treat disabled students with discipline “I think that this bill falls short in
problems. Legislators will choose between a protecting what is the basic civil rights of
radical overhaul proposal passed by the children with disabilities to get a free and
House of Representatives or a more appropriate education,” said George Miller
moderate version working through the (D-Calif.). “Under the guise of discipline,
Senate. many children will confront the same
The House passed a bill in April that obstacles they confronted before IDEA was
would change the Individuals with passed—school districts that can say
Disabilities Education Act (IDEA) to make it unilaterally: ‘You are not welcome here. We
easier for schools to punish students with do not want to educate you.’ ”
disabilities who disrupt class or break the “A child with Attention Deficit
rules. Under the proposal, students with Disorder could be expelled for repeatedly
disabilities would be treated like other being late for class or getting out of his or
students with behavior problems without her seat,” added Miller.
considering the role their disability might After a clamor by students, parents,
have in the behavior. and disability activists over the House bill,
Congress enacted IDEA in 1975 to the Senate Health, Education, Labor and
guarantee the right of students with Pensions Committee responded in June
disabilities to a public school education. with legislation that the committee hopes
IDEA requires schools to consider the role will satisfy both disabled students and
of a student’s disability in behavior school administrators.
problems. The Senate bill (S. 1248) offers “a bi-
The House bill (H.R. 1350), which partisan solution to the often contentious
passed by a vote of 251-171, would further discipline issue,” said committee chairman
limit the legal rights of parents to appeal Judd Gregg (R-N.H.), “by providing
school actions. It would also ease the protections for children with disabilities
requirements for accommodating all while simplifying the rules that school
disabled students by allowing states to districts can use in discipline cases.”
switch from one-year Individualized Sen. Edward Kennedy (D-Mass.), the
Education Programs (IEPs) to plans that set committee’s leading Democrat, worked
three-year goals for a student and cutting with Sen. Gregg to secure protection for
other written reports. disabled students who cause discipline
Sponsored by Republican Mike Castle problems. “This bill provides [protection]
of Delaware, H.R. 1350 enjoyed the support by requiring schools to determine whether a

2. child’s behavior is the result of disability, or progress more difficult, and underfunds
the lack of other supports that should have special education.
been provided.” The bill keeps most of the The Senate committee adopted the
discipline protections found in the current proposal by unanimous vote, sending it to
law, though disabled students could be the Senate floor. If the Senate passes the bill,
suspended up to 10 days without members of both chambers will meet in a
considering their disability. conference committee this fall to forge a
The committee also included a proposal compromise bill, which each house will
by Sen. Hillary Clinton (D-N.Y.) to help vote on again.
schools initiate new programs, training, and To learn more about the progress and
cooperative efforts with other local outcome of S.1248, visit www.thomas.loc.gov
resources to handle behavior issues with and enter bill S.1248, then link to the “Bill
positive actions, not just punishment. Summary and Status File”. For more
Groups representing students with information about IDEA, please visit the
AD/HD and learning disabilities praised National Education Association website at
the Senate bill, though many complained www.nea.org, and visit the Legislative Action
that it still limits the rights of students and Center.
parents, makes measurement of student
Published in the print edition and website of ADDitude Magazine, Sept./Oct. 2003.