Some facts on IDEA '97

In response to concerns raised by NEA and the Council for Exceptional Children, the U.S. Department of Education last spring rescinded a requirement that all individualized education programs be in conformance with the new law by July 1.

The department intends to place in final regulations the requirement that IEPs developed, reviewed, or revised on or after July 1,1998 meet IDEA '97 requirements.

IDEA '97 actually reduces paperwork in three areas:

1. In cases of disability re-evaluation, the law allows a review of existing data. If sufficient data exists to determine that a child continues to have a disability, the local educational authority does not have to conduct another assessment unless one is requested by a parent.

2. The law now permits the use of benchmarks in place of a lengthy list of short-term IEP objectives.

3. Local educational authorities may now use IDEA funds to pay teachers who provide special ed and related services in a regular ed class or other educational setting-even if non-disabled children benefit. In such cases, no time and effort documentation is required.

IDEA '97 requires special ed funding to be "placement-neutral," meaning that states can't promote a particular kind of placement. Funding should support the environment most appropriate for the child.

Under the new law, states are eligible for "state improvement grants"-ranging from $500,000 to $2 million-to train special ed and regular ed teachers. The majority of grant dollars must be spent for preservice and in-service training.

IDEA '97 requires "appropriate training and supervision" of support staff who work with disabled kids. And the law now clarifies the right of ESP to participate in an IEP team if they have "knowledge or special expertise regarding the child."

A current $90 million-a-year program for training special ed and "related services personnel" remains intact.