By George H. McShan
6/22/04 -- When Congress passed a bill in 1975 to guarantee students with disabilities the opportunity to participate equitably with all students enrolled in the public education system, it was a landmark piece of legislation. This was the right thing to do.
I applaud Congress for reaching out to a special group of students, and just as important, for including a provision in that law guaranteeing that the federal government would pay for 40 percent of the costs of this new mandate. States would be responsible for funding the remaining 60 percent.
A broken guarantee
Nearly 30 years later, this landmark legislation, now known as the Individuals with Disabilities in Education Act (IDEA), has turned out to be the most onerous unfunded mandate affecting school boards.
Congress has never provided more than 19 percent of the costs of educating students with disabilities -- leaving it up to local school districts and states to make up the difference.
This unfunded mandate -- a $10 billion annual shortfall in promised federal funding -- amounts to a congressionally imposed tax on local citizens.
NSBA believes Congress should be held accountable to provide the money it promised.
Full, mandatory funding for IDEA has long been one of NSBA's top advocacy priorities. In fact, it falls under one of the four goals approved by the NSBA Board of Directors, which states, "Congress, state legislatures, the courts, and other decision makers will support policies and provide resources to strengthen public education and local school board governance."
Dual proposals
In recent years, some members of Congress have proposed plans to gradually add more federal funding for IDEA to achieve full funding over a period of several years. To date, however, Congress has not approved any of these proposals for full, mandatory funding for IDEA.
The Senate passed a bill to reauthorize IDEA last month, and the House passed an IDEA bill a year ago.
While the Senate approved an amendment calling for annual increases to achieve the mandated amount of a 40 percent federal share in six years, this provision has no teeth in it. Unless the funding is made mandatory, there is no requirement that Congress appropriate any money for IDEA each year.
Another amendment to make IDEA funding increases mandatory failed to pass.
The IDEA bill now goes to a House-Senate conference committee to work out the differences between the two bills.
A need to act
There is some concern that, with not much time remaining in this congressional term and the elections coming up in November, Congress might not complete action on IDEA. This would be a travesty. If that happens, Congress would have to start all over with IDEA in the next session. If past history is any indication, it could take another two years to get to the state where we are now.
What are the consequences of Congress failing to reauthorize IDEA this year? Yes, funding would be problematic. However, all of the advances in reforms in the House and Senate bills to improve the special education programs also would be lost.
The pending bills protect the rights of children with disabilities while substantially streamlining the paperwork requirements, giving school districts more flexibility, limiting school districts' legal costs, and promoting the use of mediation. Several provisions on due process in both bills reduce the emphasis on lawyers, which has placed undue stress on both parents and school officials.
Both bills would simplify the discipline procedures for dangerous and disruptive special education students.
As a result, school officials would have more discretion to address all students with behavior problems in a similar manner, while still protecting students with disabilities.
Furthermore, the bills would enable school districts to use important program options, such as providing pre-referral services to students without tracking them into the special education system.
The bills would reduce the top heavy compliance procedures in IDEA in favor of an emphasis on accountability for student achievement -- and that is where it should be. These proposed changes would motivate educators and students with disabilities to work harder to raise student achievement levels and reach their academic goals.
More than ever, members of Congress and school board members should work collaboratively and do what is right, just, and fair for children with disabilities.
Children in need
These are our children, and we should be bound by the compelling mandate to do what is best for our nation -- not just what is best for one political party or the other. The mandate of partnership, not partisanship, should be the driving force of our message.
Congress must enact IDEA legislation before adjourning for the November elections. An improved IDEA will help school districts across the nation better serve students with disabilities.
Children with disabilities should never lose their dreams to live independent, high-quality lives. We have a responsibility to ensure that every child in America -- from the most gifted students to the ones who need special accommodation and everyone else in between -- receives the high-quality educational services they need.
This law must be passed this year, and our elected officials in Congress should be accountable for their actions -- or inactions.
For more information on the details of the IDEA legislation, see the advocacy section of NSBA's website, www.nsba.org/ advocacy.