IDAHO PARENTS UNLIMITED, INC.
600 North Curtis Rd., Suite 100, Boise, ID 83706 (208) 342-5884 (V/TDD) Fax: (208) 342-1408
IPUL Position Statement
Senate Bill 1248
Individuals with Disabilities Education
Improvement Act of 2003
Idaho Parents Unlimited, Inc (IPUL) strongly believes that all children and youth have
the right to a free, appropriate, public education which allows them to meet their highest
potential and to assure their full participation in society.
For over 25 years, the Individuals with Disabilities Education Act (IDEA) has promised
children and youth with disabilities equal access and equal condition in education. IDEA assures
these students a free, appropriate, public education (FAPE) detailed and described in an annual
Individualized Education Program (IEP) designed to meet the student’s individual educational
needs. These IEPs are developed by a team of knowledgeable people, including their parents,
teachers, and school administrators.
Now, for the first time since IDEA was originally passed in 1975, the bill significantly
weakens the rights of children with disabilities to a free and appropriate public education. While
S. 1248 is an improvement to H.R. 1350, there are still a number of issues that need to be
corrected before IPUL can fully support the bill. These issues include:
 Short-term Objectives: The elimination of short-term objectives from a child’s
Individualized Education Plan significantly decreases the ability of parents, teachers,
and administrators to determine a student’s progress toward their IEP goals and to
determine future steps needed in reaching those goals. While report cards are a
valuable tool, they do not meet the needs of students utilizing an IEP. The IEP should
remain the primary accountability measure for students with disabilities.
 Three-year IEP: The Senate should delete the option for schools to offer a three-year
IEP for those students in their final three years of school. The final three years of
school comprise a major transition point for youth with disabilities, a time when they
may need extra assistance and guidance to prepare for their transition from school into
society. A three-year IEP will not provide this much-needed guidance and will likely
decrease the academic successes of students in their final three years of school.
 Stay Put: Since its initial passage, IDEA has mandated a free and appropriate public
education for all students with disabilities, including students with behavioral
disabilities or disabilities which manifest themselves in the student’s behavior. The
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1997 amendments created an exception for students who are in possession, sale or
distribution of illegal drugs, who are in possession of a dangerous weapon, or the
student is determined to be substantially likely to cause injury to self or others. S. 1248
creates another exception for students who are accused of not adhering to the school
code of conduct and for whom it is determined that the disability did not cause the
behavior. These students lose their right to “stay put” in their current educational
placement pending an appeal. When they are transferred to other settings, local
schools will not have to count them for purposes of reporting adequate yearly progress.
This provision should be removed from the current reauthorization process.
Due Process (Attorneys Fees): Parents only pursue due process when all other
dispute resolution options have failed. The number of due process hearings held across
the country is minimal. Additionally, parents are reimbursed for attorney fees only
when they are found to be the prevailing parties in actions challenging school decisions
regarding IDEA. Any provision to limit attorney fees should be deleted.
Due Process (Statute of Limitations): Limiting the amount of time parents have for
filing a due process hearing request and for appealing a due process decision to court
will leave children and youth who have experienced long-standing denials of a free,
appropriate, public education without a remedy to their situation. The short statute also
creates incentives for parents to rush to litigation rather than trying to work with school
districts to resolve problems. By restricting the authority that hearing officers have to
remedy procedural violations, the bill creates incentives to fail to provide proper notice
and makes the short statue even more unfair to parents. S. 1248 also allows states to
set their own very short statutes of limitations, which will even more significantly
decrease the ability of parents to advocate for their children.
Due Process (Cure Provisions): S. 1248’s opportunity to cure provisions are
unnecessary and will in some, if not many, instances be used to coerce parents into
giving up their children’s due process rights, especially as parent’s attorneys will most
likely not be present at the meeting. The provision is unnecessary because current law
already gives districts opportunities to resolve problems.
Adequate Yearly Progress: Among the most important issues to parents and
disability advocates is the effective implementation and enforcement of IDEA. While
the Senate bill makes improvements in these areas, it leaves too many major decisions
to the U.S. Department of Education. The bill does not define what constitutes
substantial non-compliance, nor does it set specific benchmarks that are the same from
state to state. The bill does not include Part C in the monitoring and enforcement
activities. Finally, the bill does not set sanctions that cannot be influenced by
policymakers.
Children Not Yet Eligible: Section 615(k)(5) eliminates protections for children not
yet eligible for special education and related services. This provision should be
removed.
FAPE Ages 3-5: S. 1248 gives states “flexibility” not to provide a free, appropriate,
public education to eligible preschool children with disabilities (ages 3 to 5) until the
age of 5. This is contrary to research-based knowledge which shows that early
intervention is vital to the future academic success of students with disabilities.
In all of these cases, IPUL advocates a return to the current language of IDEA 1997.