[Congressional Record Volume 142, Number 50 (Thursday, April 18, 1996)]
[Senate]
[Pages S3624-S3625]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT REAUTHORIZATION

  Mr. BURNS. Mr. President, an important bill was recently reported out 
of the Senate Labor Committee and I hope it will make its way to the 
Senate floor quickly. This is a bill that was designed with not only 
children in mind--and that is foremost--but with the needs of teachers, 
administrators, and parents of children with disabilities. That can be 
a delicate balance, but I think it was achieved.
  S. 1578, the Individuals With Disabilities Education Act 
reauthorization, ensures that children with disabilities have access to 
a free appropriate public education. At first, that may sound like 
something we would assume is a guaranteed right of any American 
citizen. And it is. But many children with disabilities have special 
needs--needs that neither the parents nor the schools can meet without 
sacrifice. And it seems that when this bill was first enacted in 1975, 
the burdens on some were increased. And 21 years later, we have the 
opportunity to make some positive changes.
  Let me just highlight a few of the changes that are proposed that 
prompted me to sign my name on this bill. To begin with, S. 1578 
reduces the bureaucratic maze that schools have been required to fight 
their way through. Right now, State and local education agencies must 
submit a plan or application every 3 years. Now, they will only have to 
prepare that plan once, unless they institute substantial changes. And 
the data they are required to collect is cut in half.
  Some may say, ``But how will that affect my child's education?'' As 
I've visited with school administrators and teachers around Montana, it 
has

[[Page S3625]]

amazed me to hear how many resources are tied up with paperwork 
generating, reporting requirements, and tracking. If it wasn't required 
by law, I wouldn't be surprised if schools refused to enroll children 
with disabilities. The amount of time it takes a school employee to 
keep up with the regulations, the amount of financial resources that 
are used to document school activities and student performance--it's 
almost a miracle that the school has the time to educate the children.
  When we reduce the paperwork, the reporting requirements, the 
documentation, we free up time and money to devote to the education of 
our children and we allow those children with disabilities to achieve 
as much as they can possibly achieve. It allows the teacher to get back 
to the classroom, the administrator to get back to making sure the 
school is safe and the curriculum is top-notch, and the parents to rest 
easy knowing that their child is receiving the same educational 
opportunities every other child is receiving.
  But one of the most common remarks I've heard from Montana schools is 
that they need more flexibility. And this bill gives them that. In 
particular, the question of discipline is often raised. Current law 
prohibits schools from suspending a disabled child for more than 30 
days even if the child brought in a dangerous weapon or threatened a 
teacher or student. S. 1578 gives the school some flexibility in 
deciding how to handle that violation. If a child with a disability 
violates such a policy, that child may be suspended for up to 10 school 
days. In that time, the IEP team may designate an alternative placement 
for up to 35 days. And, if the behavior was not related to the 
disability, the child can be disciplined as any other nondisabled child 
would be.
  Mr. President, I want to make sure that all children have access to a 
free, appropriate public education. Whether a child has a disability, 
mental or physical, whether a child is poor or disadvantaged, whether 
the parents of schoolaged children have the resources to afford special 
care or not--we need to take the responsibility of educating our future 
generations very seriously.
  And there is a balance we need to maintain. Order and discipline in 
our schools is essential to creating an environment conducive to 
learning, for disabled and nondisabled children alike. There should be 
a balance between the parents involvement and the schools efforts in 
educating a child with disabilities. And there is a balance to be kept 
between making sure schools are accountable for the Federal dollars 
they receive and overburdening them with red tape. This bill, S. 1578, 
strikes that balance.
  I join my colleagues in supporting this important legislation and I 
commend Senator Frist for his hard work in making sure that both 
parents and schools were consulted in proposing these changes. With the 
bipartisan support it enjoyed in the Labor Committee, I look forward to 
seeing this bill brought to the Senate floor soon. Our Nation's 
future--our children--depend on it.

                          ____________________