Home > 104th Congressional Bills > H.R. 465 (ih) To ensure that the Caribbean Basin Initiative is not adversely affected by the implementation of the North American Free Trade Agreement and to authorize entry into free trade agreements between the United States and certain Caribbean Basin...H.R. 465 (ih) To ensure that the Caribbean Basin Initiative is not adversely affected by the implementation of the North American Free Trade Agreement and to authorize entry into free trade agreements between the United States and certain Caribbean Basin...
108th CONGRESS
1st Session
H. R. 464
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
January 29, 2003
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
2003''.
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.
(a) Development of 3-Year IEP.--Notwithstanding part B of the
Individuals with Disabilities Education Act, a local educational agency
that receives funds under part B of that Act may offer to the parent of
a child with a disability the option of developing a comprehensive 3-
year IEP. With the consent of the parent, the IEP Team shall develop an
IEP, as described in sections 614(d)(1) and 614(d)(3) of that Act, that
is designed to serve the child for a 3-year period, which includes a
statement of--
(1) measurable goals pursuant to section 614(d)(1)(A)(ii)
of that Act, coinciding with natural transition points for the
child, that will enable the child to be involved in and make
progress in the general education curriculum and that will meet
the child's other educational needs that result from the
child's disability; and
(2) annual goals for measuring progress toward meeting the
goals in paragraph (1).
(b) Review and Revision of 3-Year IEP.--
(1) Requirement.--The IEP Team shall conduct a review of
the child's 3-year IEP under section 614(d)(4) of the
Individuals with Disabilities Education Act at each of the
child's natural transition points.
(2) Annual streamlined review.--In years other than a
child's natural transition points, the local educational agency
shall ensure that the IEP Team--
(A) provides an annual streamlined review of the
child's IEP to determine the child's current levels of
progress and determine whether the annual goals for the
child are being achieved; and
(B) revises the IEP, as appropriate, to enable the
child to continue to meet the measurable goals set out
in the IEP.
(3) Comprehensive review.--If the review under paragraph
(1) determines that the child is not making sufficient progress
toward the goals described in subsection (a), the local
educational agency shall ensure that the IEP Team provides a
review, within 30 calendar days, of the IEP under section
614(d)(4) of the Individuals with Disabilities Education Act.
(4) Parental preference.--At the request of the parent, the
IEP Team shall conduct a review of the child's 3-year IEP under
section 614(d)(4) of the Individuals with Disabilities
Education Act rather than an annual streamlined review under
paragraph (1).
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) IEP team attendance.--The parent of a child
with a disability and the local educational agency may
agree to excuse any member of the IEP Team from
attending an IEP meeting, in whole or in part, when,
under the circumstances, the attendance of such 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.''.
(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 agree to waive the
need to reconvene the IEP Team and instead develop a
written document to amend or modify an existing IEP.
``(E) Consolidation of meetings.--To the extent
possible, the local educational agency shall encourage
the consolidation of IEP Team meetings for a child.''.
(3) Use of technology.--Section 614 of such Act (20 U.S.C.
1414) is amended by adding at the end the following:
``(g) Alternative Means of Meeting Participation.--When conducting
IEP team meetings and placement meetings pursuant to this section and
section 615, the parent of a child with a disability and a local
educational agency may agree to use alternative means of meeting
participation, such as video conferencing and teleconference calls.''.
(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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