Senate OKs major changes in special education law

WASHINGTON – The Senate voted Thursday to make the first major changes in special education law in seven years, aiming to get help earlier to struggling children, give teachers more freedom to discipline students and reduce tensions between parents and schools.

The only main point of contention was over money, as senators overwhelmingly agreed to allow accelerated spending in coming years but rejected an attempt to make the increases mandatory.

The Senate voted 95-3 to renew and update the Individuals with Disabilities Education Act, the 1975 law guaranteeing equal education to, by last count, 6.7 million children with disabilities.

“It’s our statement as a nation that these children matter, and that we will do our part to help their parents and teachers and communities meet their education goals,” said Sen. Edward Kennedy, D-Mass.

“This bill makes a number of improvements over the current law,” said Sen. Susan Collins, R-Maine. “But most important, continued support for IDEA demonstrates our ongoing commitment to ensuring that disabled children have access to quality public education.”

The Senate rode a smooth path in renewing the popular education law, as bill leaders worked out a deal last year and avoided issues that divided the House, such as private-school vouchers. Parent, education and disability advocacy groups largely supported the Senate bill despite concerns over some of its key provisions and what they saw as limited chance to get the bill amended.

“The fact that this is something we’ve been able to accomplish through a bipartisan effort is very positive, especially in today’s climate around here,” said Sen. Judd Gregg, R-N.H.

The House version, approved more than a year ago, differs from the Senate plan in student discipline, measuring of student progress, attorney fees and other areas. “There are differences, but they’re not radical,” Gregg said. “This isn’t an ideological fight.”

It is not clear when talks over a final bill will begin, though, as Democrats have opposed the appointment of negotiators until they gain more assurances that their views will be considered.

The Senate bill strives to improve the early identification of children with special needs, reducing the number of students, particularly minorities, who are improperly labeled as disabled. The bill also aims to reduce paperwork for teachers, encourage mediation in disputes between parents and schools and give the education secretary more power to hold states accountable.

The bill tries to give teachers more classroom control by allowing children with special needs to be disciplined like other students, provided their misconduct is not a result of their disability. The House bill goes further, freeing schools from considering a disability in determining discipline.