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FOR IMMEDIATE RELEASE
July 2, 1998

NEW ORLEANS – Mountains of paperwork, disruptive students, and inadequate individual education plans (IEPs) are just a few of the problems that have plagued schools and educators under America's 25-year-old federal special education law, the Individuals with Disabilities Education Act (IDEA).

Educators knew the law needed to be changed, because its complexities and imperfections were becoming an obstacle to their efforts to educate the nation's 5.8 million students with disabilities.

In June 1997, their efforts bore fruit with the passage of "IDEA '97," a revised law mandating changes in discipline policy, the involvement of general education teachers where appropriate in the drafting of IEPs, and increased parental involvement. In addition, educators hope it will ultimately lead to less time-consuming paperwork, a major complaint under the 1973 law.

This September, teachers will begin implementing IDEA '97, and while specific regulations are yet to be issued by the U.S. Department of Education (DOE), those changes will require some explaining. That explanation process got underway here today, as several hundred members of the National Education Association (NEA) from across the nation attended a two-hour open forum on the new law, one of many professional issues events offered to the more than 10,000 delegates attending NEA's 1998 Annual Meeting in New Orleans.

"IDEA '97 emphasizes the need for general education teachers to exercise their professional judgment in developing the programs for the students they will be serving," said NEA President Bob Chase. "That's an important and intelligent change in the law." More than 75 percent of disabled students are being educated in general education classrooms.

The forum opened with remarks from Judith E. Heumann, Assistant Secretary of Education for the Office of Special Education and Rehabilitative Services, which administers IDEA.

"We are now including more and more disabled children in regular classrooms," Heumann said. "We have high expectations and high standards for them, assuring that they learn to the same curricula as their nondisabled peers. This inclusion in the educational system is why we say: 'All means all.' No child is to be left out."

Heumann introduced Jolita Reynolds of the DOE's Office of Special Education Programs, who then outlined major changes in the law for participants.

"People need to understand that IDEA '97 is both an education and a civil rights law," said Ed Amundson, a special needs teacher at McClatchy High School in Sacramento, Calif., who chairs NEA's Caucus for Educators of Exceptional Children. "Its intent is to ensure a quality education for all kids with special needs, while also improving upon the way teachers can deliver services to meet that goal. IDEA '97 makes the law better, more user friendly, and less cumbersome," he said. "IDEA '97 basically says: 'Rather than satisfying the law, what are we doing to meet the needs of the student?'"

Student discipline is a key element of IDEA '97. Before an IDEA student can suspended for disciplinary reasons for more than 10 days, it must be ascertained whether those reasons are disability-related. If so, students must be provided with education services in an alternative setting. IDEA '97 says an IDEA student can be given an interim 45-day alternative placement for bringing a gun or weapon to school; or for possessing, using, or selling illegal drugs. In addition, a hearing officer (instead of a federal judge, under prior law) can make the decision to suspend an IDEA student for up to 45 days if he or she is found likely to harm him/herself or others.

Amundson said a major focus of IDEA '97 was to make student evaluations – required every three years – more streamlined and cost-effective. "IDEA was enacted in 1973, and many of its practices have become institutionalized," he said. "IDEA '97 gave us a chance to look at the law and assess what we were doing, and how we could do it better. School districts should look at their paperwork, and see that they can make it both simpler and better. The U.S. Department of Education recognizes that there is a lot of unnecessary paperwork associated with IEPs. Instead of filling in boxes on forms, we should be fulfilling our students' needs."

Other provisions of IDEA '97 include:

Funding: A requirement that states be prohibited from reducing their current share of IDEA funds by shifting costs to local districts. In addition, to enhance flexibility at the state and local levels, once federal IDEA spending exceeds $4.1 billion (it is currently $3.8 billion), localities can use 20 percent of any new money resulting from increased federal IDEA appropriations for general education purposes. In addition, IDEA '97 shifts to other state social services and health agencies some of the financial burden of providing special services, which should result in schools having more funds for general education.

Parental Involvement: A requirement that parents participate in both placement decisions and IEP meetings.

Professional Development: An increased emphasis on training for all school personnel who work with students with disabilities. In addition, the law requires that paraprofessionals be appropriately trained and supervised in accordance with state law.

Technical Assistance: The creation of new programs to provide assistance, research, and "best practices" information directly to local school districts.

Dispute Resolution: A requirement that states provide and pay for a voluntary mediation system for parents and schools with a qualified and impartial mediator.

NEA has announced that it will hold a three-hour national interactive satellite conference on IDEA '97 on Aug. 13 at dozens of sites around the nation. NEA members will be able to obtain immediate answers to their questions from DOE officials. Additional information on the conference will be posted on NEA's web site at http://www.nea.org.

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The National Education Association is the nation's largest professional employee organization, representing more than 2.7 million elementary and secondary teachers, higher education faculty, education support personnel, school administrators, retired educators, and students preparing to become teachers.