[Congressional Record Volume 149, Number 41 (Thursday, March 13, 2003)]
[Senate]
[Pages S3744-S3745]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SANTORUM (for himself and Mr. Miller):
  S. 626. 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; 
to the Committee on Health, Education, Labor, and Pensions.
  Mr. SANTORUM. Mr. President, today, I am pleased to introduce, along 
with my colleague Senator Miller, the bipartisan Teacher Paperwork 
Reduction Act of 2003. During the 107th Congress, we were successful in 
legislating sweeping reforms in education with the passage of the No 
Child Left Behind Act. This year we hope to complete reauthorization of 
another important federal education initiative--the reauthorization of 
the Individuals with Disabilities Education Act, IDEA, this year. As we 
consider this legislation, our greatest responsibility is to improve 
the quality of the education that students with special needs receive.
  One of the problems fostered by the current system, which stands in 
direct contrast to our purpose, is the excessive paperwork burden 
imposed on our special education teachers. This burden takes valuable 
time away from classroom instruction and is a source of ongoing 
frustration for the special education teachers working on the 
frontlines. As a result, this undermines the goal of providing the best 
quality education possible to all children. The Teacher Paperwork 
Reduction Act addresses this problem and seeks to offer solutions that 
will benefit special education teachers and most importantly the 
children they instruct.
  This bipartisan legislation includes four main provisions to correct 
the problem of burdensome paperwork. First, the Department of 
Education, in cooperation with state and local educational agencies, 
would be required to reduce the amount of paperwork by 50 percent 
within 18 months of enactment of the legislation and would be 
encouraged to make additional reductions. Second, the General 
Accounting Office, GAO, would conduct a study to determine how much of 
the paperwork burden is caused by Federal regulations compared to State 
and local regulations; the number of mediations that have been 
conducted since mediations were required to be made available under the 
1997 IDEA amendments; the use of technology in reducing the paperwork 
burden; and GAO would make recommendations on steps that Congress, the 
U.S. Department of Education, and the States and local districts can 
take to reduce this burden within six months of the passage of this 
legislation.
  Third, mediation would be mandatory for all legal disputes related to 
Individual Education Programs, IEPs, to better empower parents and 
schools to focus resources on a quality education for children rather 
than unnecessary litigation within one year of enactment of this 
legislation. Fourth, the Department of Education is directed 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. The Department would also provide mediation 
training support services to support state and local efforts. The 
resources to fund these requirements would come from money appropriated 
through Part D of IDEA.
  The Council for Exceptional Children, CEO, states, ``No barrier is so 
irksome to special educators as the paperwork that keeps them from 
teaching.'' According to a CEC report, concerns about paperwork ranked 
third among special education teachers, out of a list of 10 issues. The 
CEC also reports that special education teachers are leaving the 
profession at almost twice the rate of general educators. Statistics 
concerning the amount of time special education teachers spend 
completing paperwork are telling. 53 percent of special education 
teachers report that routine duties and paperwork interfere with their 
job to a great extent. They spend an average of five hours per week on 
paperwork, compared to general education teachers who spend an average 
of two hours per week. More than 60 percent of special education 
teachers spend a half to one and a half days a week completing 
paperwork. One of the biggest sources of paperwork, the individualized 
education program, IEP, averages between 8 and 16 pages long, and 83 
percent of special education teachers report spending from a half to 
one and a half days each week in IEP-relating meetings.
  One special education teacher expressed her frustration with 
excessive paperwork to me. ``I began my professional career as a 
lawyer, but found that I had a passion for interacting with and helping 
students and became a teacher. However, I decided last year that I 
could no longer work with special education students from my district. 
I came this decision reluctantly and solely on the basis of the 
increasing and burdensome amount of paperwork required for special 
education summer services. As a teacher, your job is to interact, 
teach, and participate in a student's learning experience, in 
particular that of a student of special needs. As a result of the 
paperwork and fear of lawsuits by school districts, I am no longer able 
to interact with my students.''
  There are three primary factors associated with burdensome paperwork. 
The first factor is federal regulations. The 1997 IDEA regulations set 
forth the necessary components of the IEP and require teachers to 
complete an array of paperwork in addition to the IEP. According to the 
National School Boards Association, NSBA, ``These requirements result 
in consuming substantial hours per child and cumulatively are having a 
negative impact on special educators and their function.'' Second, 
there are misconceptions at the state and local levels regarding 
Federal regulations that result in additional requirements imposed by 
the States and local school districts. The U.S. Department of Education 
compiled a sample IEP with all the necessary components, and it is five 
pages long. However, most IEPs are much longer. The third factor is 
litigation and the threat of litigation. In order to be prepared for 
due process hearings and court proceedings, school district officials 
often require extensive documentation so that they are able to prove 
that a free appropriate public education, FAPE, was provided to the 
special education student.
  A key provision of the bill makes mediation mandatory for all legal 
disputes related to IEPs. There are several benefits to using mediation 
as an

[[Page S3745]]

alternative to due process hearings and court proceedings. According to 
the Consortium for Appropriate Dispute Resolution in Special Education, 
CADRE, mediation is a constructive option for children, parents, and 
teachers and allows families to maintain a positive relationship with 
teachers and service providers. Parents have the benefit of working 
together with educator and service providers as partners instead of as 
adversaries. If an agreement cannot be reached as a result of 
mediation, parties to the dispute would retain existing due process and 
legal options.
  Mediation is also a much less costly, less time consuming alternative 
for all parties concerned. Parents do not have to pay for mediation 
sessions, because under the 1997 IDEA amendments, States are required 
to bear the cost for mediation. States and local districts save a lot 
of money as well. According to the Michigan Special Education Mediation 
Program, MSEMP, the average hearing cost to the state is $40,000; it 
pays approximately $700 per mediation session. The NSBA reports that 
attorney fees for school districts average between $10,000 to $25,000. 
In contrast, the Pennsylvania Bureau of Education says that it pays 
mediators $250 per session. The cost effectiveness of mediation is 
apparent. Not only does mediation save money, it saves time as well. 
According to the Washington State Department of Education, a mediation 
session may generally be scheduled within 14 days of a parental 
request, whereas it may take up to a year to secure a court date.
  Most importantly, mediation is a successful alternative to due 
process hearings. At least some form of agreement is reached in 80 
percent of sessions nationwide. In Pennsylvania, 85 percent of 
voluntary special education mediations end in agreement in which both 
parties are satisfied. According to the New York State Dispute 
Resolution Association, mediation ending in resolution of the conflict 
occurs for 75 percent of referrals, and in Wisconsin, approximately 84 
percent of those who chose mediation would use it again.
  The Teacher Paperwork Reduction Act is meant to alleviate a serious 
problem that causes frustration and discouragement among dedicated 
special education teachers who expend energy and countless hours in 
order to give students with disabilities an equal opportunity to learn. 
It is only fair and right to find ways to reduce paperwork in order to 
give teachers more time to spend educating our students and changing 
their lives, and less time wading through stacks of paper. I would 
invite my colleagues to join us in cosponsoring this legislation to 
help teachers, schools, and parents provide a better education for all 
students so that no child is left behind.
                                 ______