Lawmakers ready to update special education law

WASHINGTON -- Congressional negotiators have reached agreement on major changes in special education, aiming to boost discipline in class, better identify children with disabilities, get help to students earlier and reduce lawsuits by parents.

"Passage of this bipartisan agreement will cap more than two years of work," Judd Gregg, Republican chairman of the Senate Education Committee, told The Associated Press on Tuesday.

Getting this far has been a labor. The House passed its bill 19 months ago and the Senate passed its version in May. Both sides are eager to finish this week, knowing they would have to start over in a new Congress.

A committee of both chambers is scheduled to approve the deal Wednesday, with House and Senate votes to follow soon after. President Bush is expected to sign the bill.

Among the key areas of agreement as outlined by people close to the negotiations:

-- Giving schools more flexibility to discipline students with disabilities just like other students, once it is clear that a child's bad behavior is not caused by a disability.

-- Offering some flexibility to new special education teachers who handle multiple subjects and must prove they are "highly qualified" to teach all of them.

-- Requiring states to come up with plans for how they will comply with the law. They can get extra help if they don't meet the targets but could lose money if the problems persist.

"The final agreement will be an across-the-board win for teachers, parents and students with special needs," said Rep. John Boehner, R-Ohio, chairman of the House-Senate conference committee.

Yet parent and education groups are expected to take issue with parts of the sweeping bill, from the requirements on teachers to funding levels to data collection.

An estimated 6.7 million children have disabilities ranging from physical impairments to disorders affecting their ability to learn. The Individuals With Disabilities Education Act, getting its first update since 1997, guarantees these students a free, appropriate education.

House and Senate negotiators have met almost daily for seven weeks on the bill. Democratic and Republican Education Committee aides confirmed most every detail is in place.

The bill meets four goals, Gregg said: Ensure students learn, free teachers from bureaucracy, help parents and schools work together better and create safer classrooms.

"Completing this legislation also shows the true power of bipartisanship to make a real difference," said Sen. Edward Kennedy of Massachusetts, ranking Democrat on the Education Committee.

Under the deal, Congress will recommit to covering up to 40 percent of the additional costs of educating children with special needs. Many lawmakers and educators believe that spending level was supposed to be reached years ago; instead, it stands at 18.6 percent.

The difference is significant because states and school districts must pay for whatever expenses Congress does not cover. That amounts to billions of dollars that school leaders say they need for teacher training and salaries, books, equipment and other expenses.

The bill will call for Congress to reach the 40 percent federal share by 2011, but yearly spending increases will be optional, not mandatory as Democrats wanted. Federal spending on special education has increased from $2.1 billion in 1994 to $10.1 billion in 2004.

Overall, the bill strives to improve the early identification of children with special needs, reducing the number of students 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.

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On the Net:

House Committee on Education and the Workforce: http://edworkforce.house.gov/

Senate Committee on Health, Education, Labor & Pensions: http://health.senate.gov/

Education Department special education: http://www.ed.gov/about/offices/list/osers/