To provide relief to teachers, administrators, and related services providers from an excessive paperwork burden, and to reduce time spent by teachers on non-instructional activities, as required under the Individuals with Disabilities Education Act.

January 29, 2003

Mr. KELLER (for himself, Mr. BOEHNER, and Mr. CASTLE) introduced the following bill; which was referred to the Committee on Education and the Workforce

To provide relief to teachers, administrators, and related services providers from an excessive paperwork burden, and to reduce time spent by teachers on non-instructional activities, as required under the Individuals with Disabilities Education Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `IDEA Paperwork Reduction Act of 2003'.

SEC. 2. STRATEGIC PROPOSALS TO REDUCE THE PAPERWORK BURDEN UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

Not later than 6 months after the date of the enactment of this Act, the Secretary of Education shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that details such regulatory proposals as the Secretary deems advisable for reducing the paperwork burden on teachers, administrators, and related services providers under the Individuals with Disabilities Education Act, and reducing the non-instructional time spent by teachers in order to comply with the requirements of the Individuals with Disabilities Education Act.

SEC. 3. SIMPLIFIED AND STREAMLINED NOTICES.

(a) IN GENERAL- Not later than 6 months after the date of the enactment of this Act, the Secretary of Education shall identify, develop, and disseminate simplified and streamlined model documents for individualized education programs (IEPs), procedural safeguards notices, and prior written notice reporting requirements incorporating relevant Federal statutory and regulatory requirements under the Individuals with Disabilities Education Act.

(b) DISSEMINATION AND TRAINING- In carrying out subsection (a), the Secretary shall disseminate and provide training and technical assistance on the model IEPs, procedural safeguard notices, and prior written notice reporting requirements to all State and local educational agencies, parent training centers, and other appropriate entities.

SEC. 4. 3-YEAR INDIVIDUALIZED EDUCATION PROGRAMS.

(a) DEVELOPMENT OF 3-YEAR IEP- Notwithstanding part B of the Individuals with Disabilities Education Act, a local educational agency that receives funds under part B of that Act may offer to the parent of a child with a disability the option of developing a comprehensive 3-year IEP. With the consent of the parent, the IEP Team shall develop an IEP, as described in sections 614(d)(1) and 614(d)(3) of that Act, that is designed to serve the child for a 3-year period, which includes a statement of--

(1) measurable goals pursuant to section 614(d)(1)(A)(ii) of that Act, coinciding with natural transition points for the child, that will enable the child to be involved in and make progress in the general education curriculum and that will meet the

child's other educational needs that result from the child's disability; and

(2) annual goals for measuring progress toward meeting the goals in paragraph (1).

(b) REVIEW AND REVISION OF 3-YEAR IEP-

(1) REQUIREMENT- The IEP Team shall conduct a review of the child's 3-year IEP under section 614(d)(4) of the Individuals with Disabilities Education Act at each of the child's natural transition points.

(2) ANNUAL STREAMLINED REVIEW- In years other than a child's natural transition points, the local educational agency shall ensure that the IEP Team--

(A) provides an annual streamlined review of the child's IEP to determine the child's current levels of progress and determine whether the annual goals for the child are being achieved; and

(B) revises the IEP, as appropriate, to enable the child to continue to meet the measurable goals set out in the IEP.

(3) COMPREHENSIVE REVIEW- If the review under paragraph (1) determines that the child is not making sufficient progress toward the goals described in subsection (a), the local educational agency shall ensure that the IEP Team provides a review, within 30 calendar days, of the IEP under section 614(d)(4) of the Individuals with Disabilities Education Act.

(4) PARENTAL PREFERENCE- At the request of the parent, the IEP Team shall conduct a review of the child's 3-year IEP under section 614(d)(4) of the Individuals with Disabilities Education Act rather than an annual streamlined review under paragraph (1).

SEC. 5. PAPERWORK REDUCTION DEMONSTRATION PROGRAM.

(a) PILOT PROGRAM- The Secretary is authorized to grant waivers of paperwork requirements under the Individuals with Disabilities Education Act for a period of time not to exceed 4 years with respect to not more than 10 States based on proposals submitted by States for addressing reduction of paperwork and non-instructional time spent fulfilling statutory and regulatory requirements.

(b) REPORT- The Secretary shall include in the annual report of the Department of Education (required to be transmitted to Congress under section 426 of the Department of Education Organization Act) information related to the effectiveness of waivers granted under subsection (a)--

(1) in reducing the paperwork burden on teachers, administrators, and related services providers under the Individuals with Disabilities Education Act, and non-instructional time spent by teachers in compliance of the requirements of the Individuals with Disabilities Education Act, including any specific recommendations for broader implementation; and

(2) in enhancing longer term educational planning, improving positive outcomes for children with disabilities, promoting collaboration between IEP Team members, and ensuring satisfaction of family members, including any specific recommendations for broader implementation.

SEC. 6. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

(a) INDIVIDUALIZED EDUCATION PROGRAMS-

(1) DEFINITIONS- Section 614(d)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)) is amended--

(A) in subparagraph (B), by striking clause (ii) and inserting the following:

`(ii) a regular education teacher of such child (if the child is, or may be, participating the majority of the school day in the regular education environment), but such teacher shall not be required to attend a meeting or part of a meeting of the IEP Team involving issues not related to the child's participation in regular education, nor shall multiple regular education teachers, if the child has more than one regular education teacher, be required to attend a meeting, or part of a meeting, of the IEP Team;'; and

(B) by adding at the end the following:

`(C) IEP TEAM ATTENDANCE- The parent of a child with a disability and the local educational agency may agree to excuse any member of the IEP Team from attending an IEP meeting, in whole or in part, when, under the circumstances, the attendance of such member is not necessary. An IEP Team may obtain input prior to an IEP meeting from any member whose attendance at such meeting is not necessary as determined under the preceding sentence.'.

(2) DEVELOPMENT OF IEP- Section 614(d)(3) of such Act (20 U.S.C. 1414(d)(3)) is amended by adding at the end the following:

`(D) WAIVER OF MEETING- In making changes to a child's IEP, the parent of a child with a disability and the local education agency may agree to waive the need to reconvene the IEP Team and instead develop a written document to amend or modify an existing IEP.

`(E) CONSOLIDATION OF MEETINGS- To the extent possible, the local educational agency shall encourage the consolidation of IEP Team meetings for a child.'.

(3) USE OF TECHNOLOGY- Section 614 of such Act (20 U.S.C. 1414) is amended by adding at the end the following:

`(g) ALTERNATIVE MEANS OF MEETING PARTICIPATION- When conducting IEP team meetings and placement meetings pursuant to this section and section 615, the parent of a child with a disability and a local educational agency may agree to use alternative means of meeting participation, such as video conferencing and teleconference calls.'.

(b) CONSTRUCTION- Section 614(e) of such Act (20 U.S.C. 1414(e)) is amended by adding at the end the following: `Nothing in this section shall be construed to require that additional information be included in a child's IEP beyond what is explicitly required in this section.'.

(c) PROCEDURAL SAFEGUARDS NOTICE- Section 615(d)(1) of such Act (20 U.S.C. 1415(d)(1)) is amended by striking subparagraphs (B) and (C) and inserting the following:

`(B) at the time services are initially provided;

`(C) upon registration of a complaint under subsection (b)(6) of this section; and

`(D) upon request by a parent.'.

SEC. 7. DEFINITIONS.

In this Act:

(1) CHILD WITH A DISABILITY- The term `child with a disability' has the meaning given the term in section 602 of the Individuals with Disabilities Education Act.

(2) IEP TEAM- The term `IEP Team' has the meaning given the term in section 614(d)(1)(B) of the Individuals with Disabilities Education Act.

(3) INDIVIDUALIZED EDUCATION PROGRAM- The term `individualized education program' or `IEP' has the meaning such term has in section 602 of the Individuals with Disabilities Education Act.

(4) NATURAL TRANSITION POINTS- The term `natural transition points' means those periods that are close in time to the transition of a child with a disability from preschool to elementary grades, from elementary grades to middle or junior high school grades, from middle or junior high school grades to high school grades, and from high school grades to postschool activities, but in no case longer than 3 years.

(5) SECRETARY- The term `Secretary' means the Secretary of Education.

(6) STATE- The term `State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

END