Individuals with Disabilities Education Act Reauthorization Passes Senate


Grassley Amendment to Curb Frivolous Lawsuits Included in Final Bill


An amendment cosponsored by Sen. Chuck Grassley was included in the final Individuals with Disabilities Education Improvement Act (IDEA) that today passed the Senate. Grassley's amendment, co-sponsored with Sen. Judd Gregg, of New Hampshire, was accepted by voice vote. The IDEA Reauthorization bill passed the Senate by a vote of 95 – 3.

The Grassley/Gregg amendment would give state education agencies or school districts the chance to be awarded attorneys' fees in certain limited cases. The fees would be awarded at the judge's discretion if the case is frivolous, unreasonable, or without foundation or the parent continued with the case even after it was clear that the case was frivolous. Attorney's fees could also be awarded if the parent's complaint was presented for any improper purpose.

"School districts shouldn't have to worry about spending their budgets to defend against frivolous lawsuits when that money could be used to help their disabled students, but we also don't want to discourage parents from pursuing legitimate complaints against a school district," Grassley said.

The reauthorization of the Individuals with Disabilities Education Act includes several provisions that will shift the focus of the law from technical compliance with federal requirements to making sure disabled students achieve. Specifically, the bill will:

1. Allow school districts to use a portion of their IDEA funds for early interventions to prevent students from falling behind and ever needing special education services.
2. Streamline state and local requirements, simplify contractual paperwork, establish consistency in regulations, and require further review of paperwork simplification possibilities by the Department of Education.
3. Provide alternate dispute resolution, strengthen mediation processes, require direct communication between parents and school officials when complaints are filed, encourage prompt resolution, and improve the integrity of the conflict resolution process.
4. Improve existing discipline provisions by providing greater clarity and flexibility for schools while ensuring students' rights are protected and support is provided.

"After nearly 30 years, special education programs have been established in almost every classroom in America. The Individuals with Disabilities Education Improvement Act provides the necessary framework to make these programs successful so the teachers and schools can best serve their students," Grassley said.

Grassley has a long history in working to provide children with disabilities an adequate education. Before the passage of the first federal special education law, Grassley led the effort in the Iowa House of Representatives to ensure that children with special needs were given a quality education and not shoved aside by the school system.

The Individuals with Disabilities Education Improvement Act will next be worked on in a joint House-Senate conference committee. The bill will then come back to Senate for passage and sent to the President for his signature.