"Revised IDEA aims for greater flexibility." December 9, 2004. New York Teacher.

Revised IDEA aims for greater flexibility

December 9, 2004

Congress has approved the first update since 1997 of the special-education law that governs the daily school life of more than one in 10 students in New York state. As New York Teacher went to press, President Bush was expected to sign the reauthorized Individuals with Disabilities Education Act.

Among the significant changes for members of New York State United Teachers:

If students with disabilities violate their school's student code of conduct, they may be disciplined in the same manner as non-disabled students, unless the infraction is a direct result of the disability or the failure of the school district to implement the student's Individualized Education Program.
A student who has "inflicted serious bodily injury" on a person on school premises could be removed by school officials for up to 45 school days without first determining if the behavior is related to the disability.
The legislation clarifies what it means to be a "highly qualified" special education teacher, defining it as one who holds full state certification or licensure as a special ed teacher. It also includes specific provisions affecting those who teach multiple core academic subjects and those teaching to alternative achievement standards.

NYSUT Second Vice President Maria Neira said the statewide union is particularly concerned about one aspect of the new IDEA. It would allow parents and districts — after an annual review — to change a student's Individualized Education Program without a formal IEP meeting, effectively excluding teachers from the IEP team. They could also agree to excuse an IEP team member from attending all or part of a meeting if the member submits written input to the IEP team prior to the meeting.

Neira said NYSUT would continue to monitor the legislation and the federal regulatory process required to implement many of these changes.

The bill fails to lock Congress into an ongoing but long-ignored funding commitment from 1975's original IDEA — that the federal government would pay 40 percent of the cost of educating students with disabilities. This year, the federal government estimates it will pay 19 percent of that cost and has set a goal to fund 40 percent of the national average of per-pupil spending by 2011.

About 475,000 students in New York are eligible for special-ed services under IDEA, according to State Education Department statistics.