Your Students

Keeping educators in the picture is a better IDEA

Posted: June 5, 2005

Pictured: School psychologists Eban Shor of the St. Lawrence/Lewis Pre-School Program; Kirsten Eidle-Blackman of Guilderland; Tom Kulaga of Marlboro School; and Robin Raphael of Sweet Home, president of the New York Association of School Psychologists, talk at their annual conference about the many challenges facing students.

Working seven years ago with its national affiliate - the American Federation of Teachers - NYSUT succeeded in assuring that general ed teachers would be represented at the Committee on Special Education, the group that develops and monitors the educational program for students with disabilities under the federal Individuals with Disabilities Education Act.

Now, the statewide union is pressing the state and federal governments to eliminate a provision in the latest version of IDEA which could take teachers, school psychologists and other educational service providers out of the committee if parents and school districts agree their input is not needed.

"The federal regulations should assure that states have the continued authority to require the full team when developing or revising a student's Individualized Education Program," said New York State United Teachers Vice President Maria Neira in recommendations to the U.S. Department of Education.

Here are some other key provisions of the new IDEA:

• It allows schools to remove students who "inflict serious bodily injury" to an alternative setting for up to 45 school days.
• It establishes a 15-state pilot project giving participating states a chance to identify ways to reduce paperwork and other administrative duties. New York may take part in the study.

The federal education department has scheduled a series of public hearings beginning in June to comment on draft regulations for the new IDEA, which was signed into law by President Bush in December. Final regulations are expected to be issued by December.

Meanwhile, the State Education Department has been seeking comment on the reauthorized IDEA as it works to bring New York's special education regulations into compliance with the new federal law.

In a letter to Rebecca Cort, SED's deputy commissioner for Vocational and Educational Services for Individuals with Disabilities, Neira stressed the need to maintain educational professionals on the committee that develops and reviews IEPs for students with disabilities.

"If general and special educators, school psychologists and other providers are not part of the CSE meeting, how will these important individuals and the parents gain a true appreciation of how the student's disability affects his or her participation in the general education curriculum and environment?" she asked.

NYSUT is also concerned about the following aspects of IDEA:

• New York's year-old certification requirements could exacerbate the shortage of special ed teachers by keeping some teachers from being deemed "highly qualified" under IDEA requirements. Neira noted that some middle-level and secondary special ed teachers who majored in such fields as social studies or the arts might not be able to demonstrate subject competency in any of the three areas allowed by IDEA - English Language Arts, math or science.
• The new act requires states to minimize IDEA-related state regulations, which Neira said should not be interpreted "as a mandate to roll back New York state's higher standards" for educating students with disabilities.
• IDEA could conflict with state education law that allows teachers and other professionals to refer a student for a special ed evaluation if they suspect a disability. But new language in IDEA could limit participation by those same professionals who "work with students on a daily basis and understand their learning and behavioral needs," Neira said.

With the new law now adding educational interpreters and school nurses to the list of related services available to students under IDEA, Neira urged SED to add these occupations to the state's definition of "related services." Many districts, she noted, leave the responsibility for special health needs to classroom teachers and teaching assistants or teacher aides who have not been trained to provide medical care.

At NYSUT's annual convention in April, delegates overwhelmingly approved a special order of business opposing federal efforts to keep teachers and other educational professionals out of the Committee on Special Education.

The order calls on NYSUT to work with the AFT, parents and other groups to urge Congress to adopt final IDEA regulations that let states retain authority over IEP team makeup and participation.

To auto-fax a prepared message to your state legislator opposing exclusion of IEP team members, log on to www.nysut.org and click on "contact your legislative officials" under Legislative Action.