[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5591 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5591

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 9, 2002

 Mr. Keller (for himself, Mr. Boehner, and Mr. Castle) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL


 
  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 
2002''.

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.

    Notwithstanding part B of the Individuals with Disabilities 
Education Act, a State that receives funds under part B of that Act may 
permit local educational agencies in the State, with the informed, 
written consent of the parents of a child with a disability, to carry 
out the following:
            (1) Develop a 3-year IEP (in lieu of an annual IEP) for the 
        child, with IEP goals coinciding with natural transition points 
        for the child, including annual goals for measuring progress 
        that are tied to the general education curriculum content 
        standards as well as other annual goals, such as life skills, 
        self-advocacy, social skills, desired post-school outcomes, and 
        other goals deemed appropriate for the child by the IEP Team.
            (2) Comprehensively review and revise the IEP consistent 
        with applicable provisions of law, but at natural transition 
        points for the child as opposed to annually.
            (3) Provide for a streamlined annual IEP review meeting 
        focusing on the child's current levels of performance and 
        progress toward meeting the measurable annual goals, and, based 
        on that review, determine if any additions or modifications to 
        the special education and related services are needed to enable 
        the child to meet the measurable annual goals set out in the 
        IEP.
            (4) Consistent with the performance-reporting requirements 
        under the Individuals with Disabilities Education Act--
                    (A) regularly inform the parents of the child of 
                the extent to which their child is progressing toward 
                meeting the goals of the IEP (including measurable 
                annual goals and 3-year IEP goals coinciding with 
                natural transition points for the child); and
                    (B) inform the parents of the extent to which that 
                progress is sufficient to enable the child to achieve 
                the measurable annual goals by the end of the school 
                year, as well as the 3-year IEP goals coinciding with 
natural transition points for the child.
            (5) If the child is making sufficient progress toward 
        meeting each of the measurable annual goals of the IEP by the 
        end of the school year and such progress continues to be deemed 
        sufficient to enable the child to attain the 3-year IEP goals 
        coinciding with natural transition points for the child, the 
        IEP Team shall not be required to conduct a comprehensive 
        annual review and revision of the IEP but shall instead conduct 
        a streamlined annual IEP review process in intervening years 
        between natural transition points (at which time the 
        comprehensive review would be required), unless the child's 
        parents or teacher request a more comprehensive review and 
        revision of the IEP.
            (6) If the child is not making sufficient progress toward 
        attaining each of the measurable annual goals of the IEP by the 
        end of the school year and such lack of progress is deemed 
        insufficient to enable the child to attain the 3-year IEP goals 
        coinciding with natural transition points for the child, an IEP 
        review meeting shall take place to determine if any additions 
        or modifications to the special education and related services 
        are needed to enable the child to meet the measurable annual 
        goals set out in the IEP.

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) LEA discretion.--(i)(I) The local educational 
                agency shall have the discretion to determine whether 
                any member of the IEP Team may be excused from 
                attending an IEP meeting, in whole or in part, when, 
                under the circumstances, the attendance of the 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.
                    ``(II) The local educational agency shall provide 
                notice to the parent of the child with a disability 
                that an IEP Team member will not attend an IEP meeting 
                as determined under subclause (I).
                    ``(III) If the parent of the child with a 
                disability disagrees with the determination of the 
                local educational agency under subclause (I) that an 
                IEP Team member will not attend an IEP meeting, the 
parent may request that the IEP Team member attend the IEP meeting.
                    ``(ii) An IEP meeting at which the attendance of a 
                regular education teacher of a child with a disability 
                is necessary, or at which such attendance has been 
                requested by the child's parents, shall not be 
                scheduled at a time that would require the absence of 
                the regular education teacher from the classroom during 
                instructional time.''.
            (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 waive the need for 
                an IEP meeting and instead develop a written document 
                to amend or modify an existing IEP.
                    ``(E) Consolidation and alternative means regarding 
                meetings.--To the extent possible, the local 
                educational agency shall encourage consolidation of IEP 
                Team meetings for each child and shall permit all 
                participants in IEP Team meetings to use alternative 
                means of participating, such as video conferencing and 
                conference calls.''.
            (3) Review and revision of iep.--Section 614(d)(4)(B) of 
        such Act (20 U.S.C. 1414(d)(4)(B)) is amended by inserting 
        before the period at the end the following: ``through 
        consultation or through attendance at IEP Team meetings when it 
        would not result in absence from the classroom during 
        instructional time''.
    (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.
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