Mr. Speaker, I thank the gentleman for yielding me this time. Mr. Speaker, I rise today in strong support of this rule. The conference report on the reauthorization of IDEA represents the culmination of 3 years of effort to strengthen and…
Mr. Speaker, I thank the gentleman for yielding me this time.
Mr. Speaker, I rise today in strong support of this rule. The conference report on the reauthorization of IDEA represents the culmination of 3 years of effort to strengthen and renew special education. I want to thank the gentleman from Texas (Mr. Sessions), who I have worked closely with over these last 3 years on all of his efforts to help us strengthen and renew this program. I know it is an issue he feels very strongly about, and I want to thank him for his leadership.
I also thank the gentleman from Delaware (Mr. Castle), who is the subcommittee chairman on the Subcommittee on Education Reform, the author of this bill. He worked this bill through the committee and through the House and through this conference, and without his strong leadership we would not be here today.
I think the bill that we will have before us soon is a tremendous achievement of compromise, vision, determination, and bipartisanship.
I want to thank my partner in this process over the last 4 years, the gentleman from California (Mr. George Miller), the ranking member on our committee. While we have had disagreements on many occasions, in the end I think what the gentleman from California (Mr. George Miller) and I both believe is we have a responsibility to legislate on education and workforce matters and at the end of the day we were able to come together and produce this bipartisan conference report.
In crafting this bill, we listened to parents, teachers, students, and advocates. We listened to the President's Commission on Excellence in Special Education, and the principles around the creation of this bill are very similar to the principles that the Commission on Excellence in Special Education came forward with as well.
We listened to schools, the people on the front lines of educating children with special needs. We began this process with the principles of No Child Left Behind firmly embedded in our minds. In No Child Left Behind, we put a system in place to ensure that students
with disabilities, along with all students, are getting access to the education that they deserve. In this bill, we are making sure that the rules help special education teachers and parents get the most out of that system, instead of making it harder for them.
This bill is an across-the-board win for parents, teachers and students with disabilities. I urge my colleagues to support the rule today.
I will have more to say when we get into the bill itself about the changes made in this bill that truly will help students with special needs, their parents, and the teachers and school administrators who often in the past have been at serious conflict. We attempt to reduce that conflict in this bill to make it easier for these students to get an education and make it easier for school administrators and special ed teachers to be able to provide these services to the most special of our children.
Mr. Speaker, pursuant to House Resolution 858, I call up the conference report on the bill (H.R. 1350) to reauthorize the Individuals with Disabilities Education Act, and for other purposes.
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on H.R. 1350.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of the H.R. 1350 conference report. Three years ago we began a process to strengthen and improve special education for the 6\1/2\ million American students participating under the Individuals with Disability Education Act. Today we have a final reform bill that will help us achieve that goal. The gentleman from Delaware (Mr. Castle), the chairman of the Subcommittee on Education Reform of my committee was the author of this bill that we passed in the House in April of 2003. I think he deserves great credit for his leadership throughout this process. He wrote a good bill and worked to ensure that these important reforms will be enacted in a bipartisan manner. The final bill we produced is closely aligned with the findings of President Bush's Commission on Excellence in Special Education, and with the bill that we passed in the House again in April of 2003.
We set out with one fundamental goal in mind, and that was to improve the educational results for students with disabilities. And I believe that we have accomplished that goal with the bill that we have before us today.
We included important provisions to give parents more choices and greater control when it comes to their child's education. We increased the focus on academic results and more closely aligned special education with the No Child Left Behind Act. The No Child Left Behind Act was the most sweeping Federal education reform in decades for students with disabilities. For the first time we ensured that States would include children with disabilities in their accountability systems. We made it clear that all children, and I
mean all children, including those with disabilities, deserve a high- quality education.
The bill before us today will build on No Child Left Behind. We are making sure the rules under IDEA helps special education teachers, parents, and students get the most out of that system instead of making it harder for them. To support teachers and schools, we included steps to reduce the crushing paperwork burden that is keeping teachers out of the classroom and in many cases driving teachers out of the profession altogether. We also restore common sense to school discipline to keep schools safe for all students and hold students accountable for their actions. Students will have the same punishment for the same infraction unless the disciplinary problem is the direct result of a child's disability.
We also give States and schools the clarity they have been seeking on what it means to be a highly qualified special education teacher. In No Child Left Behind we said that every child shall learn from a highly qualified teacher and children in special ed are no exception. We added flexibility, though, for States and teachers to meet the highly qualified definition when it comes to special ed teachers, but we did not do anything to slow down the progress States are making in reaching that goal. We are going to cut down on costly and unnecessary litigation in special education, and we are going to hold attorneys liable for frivolous lawsuits. That is important because we need to restore a sense of trust between parents and schools. We want to encourage cooperation to do what is best for students and to get there we need to cut down on damaging lawsuits.
Our bill also puts the Federal Government on a 6-year glide path to reaching our original goal of funding up to 40 percent of the excess cost of educating students with special needs. And as we get closer to that goal, we are also going to give local communities more control over how they spend their own local dollars. And we are keeping special education funded through the discretionary appropriations process.
I just want to take a moment to thank a number of people. As I mentioned before, I want to thank the gentleman from Delaware (Mr. Castle) for his hard work. But we would not be here without the help of several other people. The gentleman from California (Mr. George Miller), while we had disagreements on the House-passed bill, we came together at this late hour of this session to do what our job is to do, and that is to reauthorize this law and to do it in such a way to bring a bipartisan product to the floor of the House today.
But it would not have been possible without the help of the other body, and I have to thank the chairman of the Senate Committee on Health, Education, Labor & Pensions committee Judd Gregg for his willingness to work with us and the ranking member of that committee, Senator Ted Kennedy. We had a small window of opportunity, and the gentleman from California (Mr. George Miller) and I sat down with Senator Gregg and Senator Kennedy and looked them in the eye and said we are going to be fair, we are going to do this right, and if we work together, we can in fact produce a strong bill, which we have. And we would not be here without the help of all of those people involved.
I also want to thank some of my staff and others who have worked on this. David Cleary, without whose help we would not be here at all, period. He did a great job in guiding this process. Melanie Looney on my staff, and also I want to thank Sally Lovejoy, who heads up our education section; Krisann Pearce, who I referred to as the adult the other day. I should probably refer to her as the calming, steady influence over some of my more hyperactive staff. And I want to thank Brad Thomas, who joined us just a couple of months ago and got thrown in into this process at the end.
From the gentleman from Delaware's (Mr. Castle) office, Sarah Rittling and from the gentleman from California's (Mr. George Miller) office I want to thank Alex Nock for his great work as well.
Mr. Speaker, this bill is the next step in our effort to reform education in America, and I think it is going to make a real difference in the lives of millions of American students who are participating in special education. And as most of my colleagues know, I have gotten rather passionate about this. I am beginning to sound more like the gentleman from California (Mr. George Miller) than the gentleman from California (Mr. George Miller) himself. But I do believe that all kids deserve a chance at a good education regardless of their color, regardless of where they grew up, or regardless if they may have a disability. And I think the bill that we have today does in fact move us in a direction to help more kids, especially special ed kids, to get a chance at good education.
Mr. Speaker, I rise in strong support of the H.R. 1350 conference report. Three years ago we began a process to strengthen and improve special education for the six and a half million American students participating under the Individuals with Disabilities Education Act. Today, we have a final reform bill that will help us achieve that goal.
Representative Castle was the author of the bill we passed in the House in April of 2003, and he deserves great credit for his leadership throughout the process. He wrote a good bill, and he worked to ensure these important reforms will be enacted in a bipartisan manner.
The final bill we produced is closely aligned with the findings of President Bush's Commission on Excellence in Special Education, and with the bill we passed in the House in April of 2003. We set out with one fundamental goal in mind: to improve educational results for students with disabilities. I believe this bill will accomplish that goal.
We included important provisions to give parents more choices and greater control when it comes to their children's education. We increased the focus on academic results, and more closely aligned special education with the No Child Left Behind Act.
The No Child Left Behind Act was the most sweeping Federal education reform in decades for students with disabilities. For the first time, we ensured States would include children with disabilities in their accountability systems. We made it clear that all children, including children with disabilities, deserve a high quality education.
The bill before us today will build on NCLB. We're making sure the rules under IDEA help special education teachers and parents get the most out of that system, instead of making it harder for them.
To support teachers and schools, we included steps to reduce the crushing paperwork burden that is keeping teachers out of the classroom. We also restored common sense to school discipline to keep schools safe for all students, and hold students accountable for their actions. Students will have the same punishment for the same infraction, unless the discipline problem is the direct result of a child's disability.
We also give States and schools the clarity they have been seeking on what it means to be a highly qualified special education teacher. In No Child Left Behind, we said every child should learn from a highly qualified teacher. Children in special education are no exception. We added flexibility for States and teachers to meet the highly qualified definition, but we didn't do anything to slow down the progress States are making to reach that goal.
We're going to cut down on costly and unnecessary litigation in special education, and we're going to hold attorneys liable for frivolous lawsuits. That's important, because we need to restore a sense of trust between parents and schools. We want to encourage cooperation to do what is best for students. To get there, we need to cut down on damaging lawsuits.
I also want to point out one oversight. A sentence in the Statement of Managers' language of the Conference Report that provided the explanation for the attorneys' fees language was inadvertently left out. By adding at Note 231 sections detailing the limited circumstances in which LEAs and SEAs can recover attorneys' fees, specifically Sections 615(i)(3)(B)(i)(II) and (III), the Conferees intend to codify the standards set forth in Christiansburg Garment Co. v. EEOC, 434 U.S. 412 (1978). According to Christiansburg, attorneys' fees may only be awarded to defendants in civil rights cases where the plaintiff's claims are frivolous, without foundation or brought in bad faith.
Our bill also puts the Federal government on a 6-year glide path to reaching our original funding goal of up to 40 percent of the excess cost of educating students with disabilities. As we get closer to that goal, we're also going to give local communities more control over how they spend their own, local dollars. And we're keeping special education funded through the discretionary appropriations process.
I'd like to take a moment to thank members of the staff who have been so instrumental in producing this great bill. With my staff, I'd like
to thank David Cleary and Melanie Looney, who did a remarkable job crafting this bill and negotiating the final conference report. I'd also like to thank Sally Lovejoy, Krisann Pearce, and Brad Thomas. From Representative Castle's office I'd like to thank Sarah Rittling, and from Representative Miller's office I'd like to thank Alex Nock.
Mr. Speaker, this bill is the next step in our effort to reform education in America. It will make a real difference in the lives of millions of American students participating in special education. I urge my colleagues to join me in supporting this bill.
Mr. Speaker, with the No Child Left Behind Act, we made a commitment to America's students, parents, and schools. We said that every child in America deserves a high quality education, and no child should be left behind.
I think that commitment was particularly important to students with disabilities. For too many years, these students have been allowed to fall between the cracks. Many States excluded them from accountability systems, wrongly assuming these children can't learn.
They can learn, and they should. They deserve the same high quality education as the rest of this Nation's students. They deserve the same high quality teachers, and the same focus on their academic results.
H.R. 1350 fulfills that vision. It says that special education is important. It makes clear that we must focus on breaking down bureaucracy and building up results. This is an important bill for students participating in special education, and I urge my colleagues to support it.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I am pleased to yield 5 minutes to the gentleman from Delaware (Mr. Castle), the chairman of the Subcommittee on Education Reform and the author of the bill that we have before us who has done a great job.
Mr. Speaker, I yield 3 minutes to the gentleman from Florida (Mr. Keller), one of our conferees working this bill out between the House and Senate and someone who has worked on this since he came to Congress.
Mr. Speaker, I yield 3 minutes to the gentleman from Michigan (Mr. Ehlers), a member of the committee, a conferee, and one who feels passionately about this issue.
Mr. Speaker, I am pleased to yield 2 minutes to the gentlewoman from Illinois (Mrs. Biggert), a member of our committee.
Mr. Speaker, how much time do we have remaining on both sides?
Mr. Speaker, I am pleased to yield 2 minutes to the gentleman from Nebraska (Mr. Osborne), a member of our committee, the coach.
Mr. Speaker, I am pleased to yield 2 minutes to the gentleman from Michigan (Mr. Upton), a member of our committee.
Mr. Speaker, I am pleased to yield 1 minute to the gentleman from Ohio (Mr. Regula), the dean of the Ohio delegation and the chairman of the Subcommittee on Labor, Health and Human Services, Education and Related Agencies, my good friend.
(Mr. REGULA asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield \1/2\ minute to the gentleman from Rhode Island (Mr. Langevin).
Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, over the last 4 years that I have had the pleasure of chairing the Committee on Education and the Workforce, I think we have come an awful long way in terms of transforming the Federal role in education and trying to help all of our kids in our country get a chance at a good education. And I think we have been fortunate to be able to do almost all of this in a broad bipartisan way.
The bill before us today is the result of a lot of commitment and hard work on the part of Members on both sides of the aisle. And while we have heard an awful lot of talk about IDEA and how we are transforming it, I think there is one important point that continues to be lost on many people. When we passed No Child Left Behind, we created a new paradigm for how we are going to judge the education of our special-needs students.
By disaggregating data in four subgroups in each school, including those with special needs, what we have done is we have asked schools to focus on results for our special education students as opposed to being burdened with a lot of paperwork, dotting I's, crossing T's and worrying about lawsuits. Now schools are judged on the results that they produce for these children.
There was some resistance to this, of course, because we still have people in America who think that students with special needs cannot learn. But that is nonsense, and I think all of us understand that have worked on this that these children can learn, and should learn, and society and our country owe them an opportunity to learn.
So schools now are having to produce results. And as a result the Individuals With Disabilities and Education Act itself had to be more integrated with No Child Left Behind, which we have
done in this conference report; and we needed to take the shackles off of our local school administrators and teachers so that they could focus on producing results as opposed to dotting more I's and crossing more T's and having the burdens of paperwork and lawsuits coming at them.
So I am proud of the bill that we have before us. It is not exactly what I would do, certainly not exactly what the gentleman from California (Mr. George Miller) or the gentlewoman from California (Ms. Woolsey) would want. But that brings me to my last point.
The Congress, over the last few years, the last several sessions, let us call it 5 years, 6 years, 8 years, has been gripped in an awful lot of partisan strife. And what we have shown on No Child Left Behind, what we have shown on the Child Nutrition Act reauthorization we had earlier this year, the Vote Rehabilitation Act, and again today on IDEA reauthorization is that we can in fact work together.
I really do want to thank my colleague, the gentleman from California (Mr. George Miller), the ranking Democrat. He referred to us last night in the Committee on Rules as the political odd couple, and we are. I would describe myself as a mainstream conservative Republican, the gentleman from California I would describe as a liberal Democrat. Neither one of us is shy about our opinions. But there is an issue here that I think can help not only the progress in our own committee but the progress in this House, and that is to learn to trust one another.
The gentleman from California and I began this process, this journey, 4 years ago by developing a trust with each other. And while we may disagree on many issues every day, he and I both know that we can trust each other and trust our word. I went to the gentleman from California and I went to Senators Ted Kennedy and Judd Gregg back in September. And as highly partisan as things were leading up to the election, I looked them in this eye and said we can do this. We can do this if we trust each other, all work together, and there is a small opening that we may actually be able to finish this bill this year.
The reason we are here today is because we did in fact trust one another. We worked together. And I think once again we have produced an example of what can occur in this House each and every day if we are willing to put our partisan differences aside once in a while and think about why we are here and the trust and responsibilities that the American people have given us in order to do their work and not ours.
I thank all my colleagues.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, on that I demand the yeas and nays.