Ed-Flex/IDEA

[F. Pennell]

Here is a note on the recently passed and signed Ed-Flex legislation from
the Council on Exceptional Children.  Francie Pennell

Subject: Ed-Flex/IDEA

Dear Friends of Special Education:

Sharing this message from David C. Paul,  Principal,Pathfinder School.

Donna Obermeyer
Parent Coordinator for the Washington State Special Educaiton Coalition
                      
*Ed-Flex* Bill Allows States to Waive Federal Education Provisions

On April 29, 1999, President Clinton signed into law the *Education 
Flexibility Partnership Act of 1999" (P.L. 106-25), which is commonly known 
as *Ed-Flex.* Under the legislation, which would expand to all 50 states an 
existing 12-state pilot waiver program, states can apply for waivers of many 
provisions under the Elementary and Secondary Education Act (ESEA), as well 
as the Perkins Act.  The waivers are intended to provide states with the 
opportunity to try innovative approaches to implementing the ESEA, in an 
attempt to achieve improved educational outcomes for students.  Several of 
the programs that would be covered under the legislation include the Title I 
program for disadvantaged children, teacher training, and a host of smaller 
programs.  Although the ESEA programs do not specifically address students 
with disabilities, all students would be impacted by the Ed-Flex law.

The legislation, which reflects the majority*s stated goal of reducing 
federal influence in education issues, was strongly supported by both houses 
of Congress.  The Senate voted 97 - 1 to pass the legislation, with only Sen. 
Paul Wellstone (D-MN) in opposition.  In the House, the final vote was 368 - 
57; all of those voting against the bill were Democrats.

Ed-Flex does not allow states to waive regulations under federal civil rights 
laws (including IDEA), health, or safety laws. However, the Ed-Flex 
legislation does contain one amendment to IDEA concerning the use and 
possession of a weapon by a student with a disability, thereby conforming the 
1997 law with the recently released final IDEA regulations.   The amendment, 
which was sponsored by Sen. John Ashcroft (R-MO), amends section 
615(k)(1)(A)(ii)(I) of IDEA, as follows (emphasis added):

	*(I) the child carries or possesses a weapon to or at school, on 
school premises, or to or at a school function under the jurisdiction of a 
State or a local educational agency; or*

Although CEC does not necessarily object to the wording included in the 
amendment, we do object to the fact that the IDEA was amended before schools 
even had a chance to implement the final regulations.  This opens the door to 
further amendments to the law, which CEC strongly opposes.  Any 
policy-related amendments to IDEA 1997 should be made when the law is 
reauthorized, which is scheduled to take place in 2002.


House Committee Passes Resolution to Fully Fund IDEA


On April 28, 1999, the House Committee on Education and the Workforce passed 
a concurrent resolution that urges the Congress and President Clinton to 
fully fund IDEA programs before creating and funding any new education 
initiatives.  The resolution, sponsored by Rep. Bill Goodling (R-PA), was 
passed by a vote of 38 to 4.  Language in part states (emphasis added):

	*(1) should, working withing the constraints of the balanced budget 
agreement, give programs under the Individuals with Disabilities Education 
Act (20 U.S.C. 1400 et seq.) the highest priority among Federal elementary 
and secondary education programs by meeting the commitment to fund the 
maximum State grant allocation for educating children with disabilities under 
such Act prior to authorizing or appropriating funds for any new education 
initiative; and*

Fully funding IDEA before spending monies on *new, unproven federal programs* 
is a win-win situation, according to Goodling.  *It will allow schools to 
increase and improve services for all students,* he explained in a statement, 
*including students with disabilities.  Once the federal government begins to 
pay its fair share under IDEA,* Goodling added, *local schools will no longer 
be forced to redirect local funds to cover the unpaid federal share.*

While CEC certainly supports the full funding of IDEA, we are concerned about 
the resolution*s phrase, *prior to authorizing or appropriating funds for any 
new education initiative.*  We believe that language such as this continues 
to pit IDEA and students with disabilities against other education programs 
and students without disabilities, and CEC therefore cannot support this 
resolution.

The Senate Committee on Health, Education, Labor, and Pensions subsequently 
passed the same resolution (S. Con. Res. 25), which was sponsored by Sen. 
Jeffords (R-VT).




Jaclyn Bootel
Policy Specialist
CEC's Public Policy Unit