Special Education

President Signs Reauthorized IDEA

By Christina A. Samuels — December 03, 2004 5 min read
  • Save to favorites
  • Print

The reauthorized Individuals with Disabilities in Education Act will attempt to eliminate one of the longest-running problems in special education: the overrepresentation of minority students.

The latest version of the main federal special education law, which President Bush signed into law on Dec. 3, includes provisions that will require states to keep track of how many minority-group members are in special education classes and provide “comprehensive, coordinated, early-intervention programs” for children in groups deemed to be overrepresented.

President Bush signs the IDEA law.

Rep. John A. Boehner, R-Ohio, the chairman of the House Education and the Workforce Committee, said during a House-Senate conference committee meeting on the measure that too many children are “inappropriately placed in special education.”

“In fact, many of these children simply have not been taught to read,” Rep. Boehner said on Nov. 17. “The overidentification and misidentification of children for special education is an issue we must address for the good of our education system as a whole.”

School administrators and researchers said the provision appears to put a new focus on an issue that has been discussed for years and is severe in some school districts.

The Schott Foundation for Public Education, a Cambridge, Mass.-based organization created to promote equity in education, recently released a report on education and black males that showed black students accounted for 72 percent of the total number of students with mental retardation classifications in Chicago’s public schools, while black students accounted for 52 percent of overall enrollment. In Charlotte, N.C., black students accounted for 78 percent of students with mental retardation, even though they represented just 43 percent of the district’s enrollment. The statistics were based on numbers gathered in 2000, according to the Schott Foundation.

In addition to overenrollment, researchers say that black and Hispanic students, once they are determined to be in need of special education services, are more likely than white students to spend time outside the regular classroom. According to an Education Week analysis of 2002-03 data from the Department of Education, 30 percent of black students in special education spend more than half the school day outside a regular classroom, compared with 15 percent of white students in special education.

New Priorities

“It’s not a new issue, but there’s some meat now behind it,” said Don Blagg, the coordinator for psychological services for the 280,000-student Clark County, Nev., school district, which includes Las Vegas and is one of the fastest-growing district in the country. Mr. Blagg also serves as the chairman of a school district committee on minority overrepresentation that is in its second year of studying the issue locally.

He said the renewed IDEA will build on provisions in the federal No Child Left Behind Act that emphasize achievement for special education students.

“No Child Left Behind has done a lot of things, some positive, some negative,” Mr. Blagg said. “This might be one of the positives.”

Since 1997, the last time the IDEA was revised, the Education Department has required states to compile data on the racial and ethnic makeup of children receiving special education services. The new version adds several new provisions. In addition to making such monitoring a priority, districts must start early-intervention programs for children in overrepresented minority groups. The districts must also make public what they’re doing to address the problem.

By bringing overrepresentation to the forefront, Congress has “raised the level of awareness,” said Daniel J. Losen, a legal and policy research associate with the Civil Rights Project at Harvard University, which has studied the issue.

“The expectation is that most, if not all, states would have an action plan,” Mr. Losen said. “That’s the good news. They have to set some very clear indicators and targets for addressing the problem. You don’t want to just look at the numbers. They’re going to look at the educational outcomes for these kids.”

Under the reauthorized IDEA, school districts will also be able to spend up to 15 percent of their federal special education funds on early-intervention programs designed to help children before they end up in special education.

“That’s really unprecedented,” said W. Alan Coulter, the director of the National Center for Special Education Accountability Monitoring, based at Louisiana State University in Baton Rouge. The national monitoring center is federally financed through the Education Department’s office of special education programs.

The requirement for districts to report on new policies and procedures will allow the public to see whether changes are really happening, Mr. Coulter said.

“You and everyone else would be able to track what they do, and whether or not the change occurs,” he said. “It’s not that they’re reporting on the 15 new computers they got for the classroom or the three new teachers they hired.”

In Clark County, Mr. Blagg said, the district is already taking on some of the steps that would be required under the reauthorized IDEA. The district is working with researchers around the nation, as well as local administrators, teachers, and parents.

From an early analysis of the data, Mr. Blagg said, the district appears to have a problem with overrepresentation of minority students in special education.

“It’s not a major problem, but it is a problem. It’s a national problem,” he said. To address it, the school district has started some early-intervention programs and is making sure principals and teachers know about them.

“You have building-level teams that want help for the kid, and so they think special ed,” Mr. Blagg said.

Before a child enters special education, the principal must say that the other intervention methods have been tried.

“We need to use those other resources we have in regular education,” Mr. Blagg added. “They could be beneficial for those kids.”

In signing the bill last week, President Bush stressed his administration’s mantra that all children are capable of learning. “Children with disabilities deserve high hopes, high expectations, and extra help,” he said.

Related Tags:

Events

Artificial Intelligence K-12 Essentials Forum Big AI Questions for Schools. How They Should Respond 
Join this free virtual event to unpack some of the big questions around the use of AI in K-12 education.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Harnessing AI to Address Chronic Absenteeism in Schools
Learn how AI can help your district improve student attendance and boost academic outcomes.
Content provided by Panorama Education
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Science Webinar
Spark Minds, Reignite Students & Teachers: STEM’s Role in Supporting Presence and Engagement
Is your district struggling with chronic absenteeism? Discover how STEM can reignite students' and teachers' passion for learning.
Content provided by Project Lead The Way

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Special Education Schools Lag in IDing Kids Who Need Special Education. Are They Catching Up?
Schools in one state are making progress addressing a pandemic-fueled backlog of special education identifications.
5 min read
Illustration of a young girl with hands on her head, having difficulty reading with scrambled letters on the pages of an open book.
iStock/Getty
Special Education 3 Things Every Teacher Should Know About Learning Differences
A researcher, a teacher, and a student all weigh in: What do you wish all teachers knew about students with learning differences?
3 min read
Photograph showing a red bead standing out from blue beads on an abacus.
iStock/Getty
Special Education How Special Education Might Change Under Trump: 5 Takeaways
Less funding and more administrative chaos could be on the horizon—but basic building blocks like IDEA appear likely to remain.
7 min read
Photo of teacher working with hearing-impaired student.
E+
Special Education How Trump's Policies Could Affect Special Education
The new administration's stance on special education isn't yet clear—but efforts to revamp federal policy could have ripple effects.
13 min read
A teenage girl from the back looks through the bars, the fenced barrier, at the White House in Washington, D.C.
iStock/Getty Images