[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2653 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2653

 To reduce the amount of paperwork for special education teachers, to 
      make mediation mandatory for all legal disputes related to 
       individualized education programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2002

  Mr. Santorum (for himself and Mr. Miller) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To reduce the amount of paperwork for special education teachers, to 
      make mediation mandatory for all legal disputes related to 
       individualized education programs, and for other purposes.

    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 ``Teacher Paperwork Reduction Act of 
2002''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The amount of paperwork special education teachers are 
        required to complete is burdensome, takes valuable time away 
        from the classroom, and undermines the goal of providing the 
        best quality education possible to all children.
            (2) Special education teachers spend an average of 5 hours 
        per week on paperwork, compared to general education teachers 
        who spend an average of 2 hours per week on paperwork.
            (3) The average length of an individualized education 
        program (referred to in this Act as an ``IEP''), 1 of the 
        biggest sources of paperwork, is between 8 and 16 pages.
            (4) More than 60 percent of special education teachers 
        spend between \1/2\ to 1\1/2\ days a week completing paperwork, 
        according to a survey by the Council for Exceptional Children 
        conducted in 2000. Though special education teachers believe 
        IEPs are essential to providing quality instruction to students 
        with disabilities, they say IEPs need to be streamlined and 
        more relevant to their students' educational needs.
            (5) 83 percent of special education teachers report 
        spending from \1/2\ to 1\1/2\ days each week in IEP-related 
        meetings, and special education teachers estimate they spend 4 
        hours planning before each IEP meeting, according to the 
        Council for Exceptional Children.
            (6) 14 percent of special education teachers spend 1 hour 
        or less per week on paperwork while 24 percent spend 1.5 to 3 
        hours and 8 percent spend 14 hours or more on paperwork.
            (7) 53 percent of special education teachers report that, 
        to a great extent, their routine duties and paperwork interfere 
        with their interaction with their students.
            (8) The causes of burdensome paperwork for special 
        education teachers include--
                    (A) Federal regulations;
                    (B) misconceptions at State and local levels 
                regarding Federal regulations, resulting in additional 
                State and local requirements; and
                    (C) litigation and the threat of litigation.
            (9) The benefits of mediation as an alternative to lawsuits 
        for special education disputes are the following:
                    (A) Mediation can be a more constructive option for 
                special education children, parents, and teachers 
                because it allows families to maintain a positive 
                relationship with teachers and service providers and 
                parents have the benefit of working together with 
                educators and service providers as partners instead of 
                as adversaries.
                    (B) Parents and children, most likely, will have 
                their concerns addressed much more quickly through 
                mediation than through litigation.
                    (C) Mediation is a much less costly alternative for 
                families and school districts.
                    (D) Mediation often results in agreements with 
                which both parties are satisfied and the parties tend 
                to carry out the terms of the agreement, for example, 
                in Pennsylvania, 85 percent of special education 
                mediations end in agreement.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the 
        Department of Education.
            (2) Elementary school.--The term ``elementary school'' has 
        the meaning given the term in section 9101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (3) Individualized education program.--The term 
        ``individualized education program'' has the meaning given the 
        term in section 602 of the Individuals with Disabilities 
        Education Act (20 U.S.C. 1401).
            (4) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (5) Secondary school.--The term ``secondary school'' has 
        the meaning given the term in section 9101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (6) State educational agency.--The term ``State educational 
        agency'' has the meaning given the term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).

SEC. 4. PAPERWORK REDUCTION.

    (a) Gao Study and Report.--
            (1) Study.--
                    (A) In general.--The Comptroller General shall 
                conduct a study on the paperwork burden on special 
                education teachers.
                    (B) Causation.--In the study conducted under 
                subparagraph (A), the Comptroller General shall--
                            (i) determine--
                                    (I) how much of the paperwork 
                                burden on special education teachers is 
                                caused by Federal regulations compared 
                                to State and local regulations;
                                    (II) the number of mediations that 
                                have been conducted since mediations 
                                were required to be made available 
                                under the Individuals with Disabilities 
                                Education Act Amendments of 1997; and
                                    (III) the amount of money that 
                                State educational agencies and local 
                                educational agencies have saved as a 
                                result of participating in mediations 
                                under the Individuals with Disabilities 
                                Education Act (20 U.S.C. 1400 et seq.) 
                                for special education disputes as 
                                opposed to engaging in litigation; and
                            (ii) examine--
                                    (I) the impact the Individuals with 
                                Disabilities Education Act Amendments 
                                of 1997 have had on the paperwork 
                                burden on special education teachers;
                                    (II) streamlining IEP forms and 
                                regulations; and
                                    (III) the use of technology in 
                                reducing the paperwork burden on 
                                special education teachers.
            (2) Report.--
                    (A) Submission.--Not later than 180 days after the 
                date of enactment of this Act, the Comptroller General 
                shall submit a report to Congress on the study 
                conducted under paragraph (1).
                    (B) Contents.--The report submitted under 
                subparagraph (A) shall include recommendations--
                            (i) on steps that Congress, the Department, 
                        State educational agencies, and local 
                        educational agencies could take to comply with 
                        the requirement of subsection (b); and
                            (ii) on the use of technology in reducing 
                        the paperwork burden on special education 
                        teachers.
    (b) Reduction.--
            (1) Required reductions.--Not later than 18 months after 
        the date of enactment of this Act, the Department, in 
        cooperation with each State educational agency and local 
        educational agency that receives Federal funds under the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 
        et seq.) or the Individuals with Disabilities Education Act (20 
        U.S.C. 1400 et seq.), shall reduce the amount of paperwork that 
        such entities require special education teachers to complete by 
        not less than a net 50 percent.
            (2) Reduction goals.--The Department and each State 
        educational agency and local educational agency that receives 
        Federal funds under the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6301 et seq.) or the Individuals with 
        Disabilities Education Act (20 U.S.C. 1400 et seq.) are 
        encouraged to reduce the amount of paperwork that such entities 
        require special education teachers to complete by more than a 
        net 50 percent.

SEC. 5. MANDATORY MEDIATION.

    (a) Mediation.--The Individuals with Disabilities Education Act (20 
U.S.C. 1400 et seq.) is amended--
            (1) in section 615(e)--
                    (A) in paragraph (1)--
                            (i) by striking ``allow'' and inserting 
                        ``require''; and
                            (ii) by striking ``process'' and all that 
                        follows and inserting ``process.''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)(i), by striking 
                        ``voluntary'' and inserting ``mandatory'';
                            (ii) by striking subparagraph (B);
                            (iii) by redesignating subparagraphs (C) 
                        through (G) as subparagraphs (B) through (F), 
                        respectively; and
                            (iv) in subparagraph (C), as redesignated 
                        by clause (iii), by striking ``process,'' and 
                        all that follows and inserting ``process.''; 
                        and
            (2) in section 682(b)(5), by striking ``, consistent with 
        subparagraphs (B) and (D) of section 615(e)(2),''.
    (b) Effective Date.--The amendments made by this section shall take 
effect 1 year after the date of enactment of this Act.

SEC. 6. FUNDING.

    From funds appropriated for part D of the Individuals with 
Disabilities Education Act (20 U.S.C. 1451 et seq.), the Department 
shall award grants--
            (1) to conduct research to determine best practices for 
        successful mediation, including training practices, that can 
        help contribute to the effort to reduce paperwork, improve 
        student outcomes, and free up teacher resources for teaching; 
        and
            (2) to provide mediation training support services.
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