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Last Updated: 10/31/2017
 

 Article of Interest - IDEA

IDEA Paperwork Reduction Act of 2002

Introduced in the House by Representatives Keller, Boehner and Castle

For more articles on disabilities and special ed visit www.bridges4kids.org

 

HR 5591 IH, 107th CONGRESS, 2d Session, H. R. 5591

To provide relief to teachers, administrators, and related services providers from an excessive paperwork burden, and to reduce time spent by teachers on non-instructional activities, as required under the Individuals with Disabilities Education Act.

 

IN THE HOUSE OF REPRESENTATIVES

 

OCTOBER 9, 2002

 

Mr. KELLER (for himself, Mr. BOEHNER, and Mr. CASTLE) introduced the following bill; which was referred to the Committee on Education and the Workforce

 

A BILL

 

To provide relief to teachers, administrators, and related services providers from an excessive paperwork burden, and to reduce time spent by teachers on non-instructional activities, as required under the Individuals with Disabilities Education Act.

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 

SECTION 1. SHORT TITLE.

 

This Act may be cited as the `IDEA Paperwork Reduction Act of 2002'.

 

SEC. 2. STRATEGIC PROPOSALS TO REDUCE THE PAPERWORK BURDEN UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

 

Not later than 6 months after the date of the enactment of this Act, the Secretary of Education shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that details such regulatory proposals as the Secretary deems advisable for reducing the paperwork burden on teachers, administrators, and related services providers under the Individuals with Disabilities Education Act, and reducing the non-instructional time spent by teachers in order to comply with the requirements of the Individuals with Disabilities Education Act.

 

SEC. 3. SIMPLIFIED AND STREAMLINED NOTICES.

 

(a) IN GENERAL- Not later than 6 months after the date of the enactment of this Act, the Secretary of Education shall identify, develop, and disseminate simplified and streamlined model documents for individualized education programs (IEPs), procedural safeguards notices, and prior written notice reporting requirements incorporating relevant Federal statutory and regulatory requirements under the Individuals with Disabilities Education Act.

 

(b) DISSEMINATION AND TRAINING- In carrying out subsection (a), the Secretary shall disseminate and provide training and technical assistance on the model IEPs, procedural safeguard notices, and prior written notice reporting requirements to all State and local educational agencies, parent training centers, and other appropriate entities.

 

SEC. 4. 3-YEAR INDIVIDUALIZED EDUCATION PROGRAMS.

 

Notwithstanding part B of the Individuals with Disabilities Education Act, a State that receives funds under part B of that Act may permit local educational agencies in the State, with the informed, written consent of the parents of a child with a disability, to carry out the following:

 

(1) Develop a 3-year IEP (in lieu of an annual IEP) for the child, with IEP goals coinciding with natural transition points for the child, including annual goals for measuring progress that are tied to the general education curriculum content standards as well as other annual goals, such as life skills, self-advocacy, social skills, desired post-school outcomes, and other goals deemed appropriate for the child by the IEP Team.

 

(2) Comprehensively review and revise the IEP consistent with applicable provisions of law, but at natural transition points for the child as opposed to annually.

 

(3) Provide for a streamlined annual IEP review meeting focusing on the child's current levels of performance and progress toward meeting the measurable annual goals, and, based on that review, determine if any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the IEP.

 

(4) Consistent with the performance-reporting requirements under the Individuals with Disabilities Education Act--

 

(A) regularly inform the parents of the child of the extent to which their child is progressing toward meeting the goals of the IEP (including measurable annual goals and 3-year IEP goals coinciding with natural transition points for the child); and

 

(B) inform the parents of the extent to which that progress is sufficient to enable the child to achieve the measurable annual goals by the end of the school year, as well as the 3-year IEP goals coinciding with natural transition points for the child.

 

(5) If the child is making sufficient progress toward meeting each of the measurable annual goals of the IEP by the end of the school year and such progress continues to be deemed sufficient to enable the child to attain the 3-year IEP goals coinciding with natural transition points for the child, the IEP Team shall not be required to conduct a comprehensive annual review and revision of the IEP but shall instead conduct a streamlined annual IEP review process in intervening years between natural transition points (at which time the comprehensive review would be required), unless the child's parents or teacher request a more comprehensive review and revision of the IEP.

 

(6) If the child is not making sufficient progress toward attaining each of the measurable annual goals of the IEP by the end of the school year and such lack of progress is deemed insufficient to enable the child to attain the 3-year IEP goals coinciding with natural transition points for the child, an IEP review meeting shall take place to determine if any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the IEP.

 

SEC. 5. PAPERWORK REDUCTION DEMONSTRATION PROGRAM.

 

(a) PILOT PROGRAM- The Secretary is authorized to grant waivers of paperwork requirements under the Individuals with Disabilities Education Act for a period of time not to exceed 4 years with respect to not more than 10 States based on proposals submitted by States for addressing reduction of paperwork and non- instructional time spent fulfilling statutory and regulatory requirements.

 

(b) REPORT- The Secretary shall include in the annual report of the Department of Education (required to be transmitted to Congress under section 426 of the Department of Education Organization Act) information related to the effectiveness of waivers granted under subsection (a)--

 

(1) in reducing the paperwork burden on teachers, administrators, and related services providers under the Individuals with Disabilities Education Act, and non-instructional time spent by teachers in compliance of the requirements of the Individuals with Disabilities Education Act, including any specific recommendations for broader implementation; and

 

(2) in enhancing longer term educational planning, improving positive outcomes for children with disabilities, promoting collaboration between IEP Team members, and ensuring satisfaction of family members, including any specific recommendations for broader implementation.

 

SEC. 6. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

 

(a) INDIVIDUALIZED EDUCATION PROGRAMS-

 

(1) DEFINITIONS- Section 614(d)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)) is amended--

 

(A) in subparagraph (B), by striking clause (ii) and inserting the following:

 

`(ii) a regular education teacher of such child (if the child is, or may be, participating the majority of the school day in the regular education environment), but such teacher shall not be required to attend a meeting or part of a meeting of the IEP Team involving issues not related to the child's participation in regular education, nor shall multiple regular education teachers, if the child has more than one regular education teacher, be required to attend a meeting, or part of a meeting, of the IEP Team;'; and

 

(B) by adding at the end the following:

 

`(C) LEA DISCRETION- (i)(I) The local educational agency shall have the discretion to determine whether any member of the IEP Team may be excused from attending an IEP meeting, in whole or in part, when, under the circumstances, the attendance of the member is not necessary. An IEP Team may obtain input prior to an IEP meeting from any member whose attendance at such meeting is not necessary as determined under the preceding sentence.

 

`(II) The local educational agency shall provide notice to the parent of the child with a disability that an IEP Team member will not attend an IEP meeting as determined under subclause (I).

 

`(III) If the parent of the child with a disability disagrees with the determination of the local educational agency under subclause (I) that an IEP Team member will not attend an IEP meeting, the parent may request that the IEP Team member attend the IEP meeting.

 

`(ii) An IEP meeting at which the attendance of a regular education teacher of a child with a disability is necessary, or at which such attendance has been requested by the child's parents, shall not be scheduled at a time that would require the absence of the regular education teacher from the classroom during instructional time.'.

 

(2) DEVELOPMENT OF IEP- Section 614(d)(3) of such Act (20 U.S.C. 1414(d)(3)) is amended by adding at the end the following:

 

`(D) WAIVER OF MEETING- In making changes to a child's IEP, the parent of a child with a disability and the local education agency may waive the need for an IEP meeting and instead develop a written document to amend or modify an existing IEP.

 

`(E) CONSOLIDATION AND ALTERNATIVE MEANS REGARDING MEETINGS- To the extent possible, the local educational agency shall encourage consolidation of IEP Team meetings for each child and shall permit all participants in IEP Team meetings to use alternative means of participating, such as video conferencing and conference calls.'.

 

(3) REVIEW AND REVISION OF IEP- Section 614(d)(4)(B) of such Act (20 U.S.C. 1414(d)(4)(B)) is amended by inserting before the period at the end the following: `through consultation or through attendance at IEP Team meetings when it would not result in absence from the classroom during instructional time'.

 

(b) CONSTRUCTION- Section 614(e) of such Act (20 U.S.C. 1414(e)) is amended by adding at the end the following: `Nothing in this section shall be construed to require that additional information be included in a child's IEP beyond what is explicitly required in this section.'.

 

(c) PROCEDURAL SAFEGUARDS NOTICE- Section 615(d)(1) of such Act (20 U.S.C. 1415(d)(1)) is amended by striking subparagraphs (B) and (C) and inserting the following:

 

`(B) at the time services are initially provided;

 

`(C) upon registration of a complaint under subsection (b)(6) of this section; and

 

`(D) upon request by a parent.'.

 

SEC. 7. DEFINITIONS.

 

In this Act:

 

(1) CHILD WITH A DISABILITY- The term `child with a disability' has the meaning given the term in section 602 of the Individuals with Disabilities Education Act.

 

(2) IEP TEAM- The term `IEP Team' has the meaning given the term in section 614(d)(1)(B) of the Individuals with Disabilities Education Act.

 

(3) INDIVIDUALIZED EDUCATION PROGRAM- The term `individualized education program' or `IEP' has the meaning such term has in section 602 of the Individuals with Disabilities Education Act.

 

(4) NATURAL TRANSITION POINTS- The term `natural transition points' means those periods that are close in time to the transition of a child with a disability from preschool to elementary grades, from elementary grades to middle or junior high school grades, from middle or junior high school grades to high school grades, and from high school grades to postschool activities, but in no case longer than 3 years.

 

(5) SECRETARY- The term `Secretary' means the Secretary of Education.

 

(6) STATE- The term `State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

 

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