Last Wednesday, Senator Tom Harkin, Chairman of the Senate Health, Education, Labor, and Pensions Committee, introduced two bills that seek to fulfill the promise of the Individuals with Disabilities Education Act (IDEA). IDEA, passed in 1975, was established to ensure access to a free, high-quality public education for children with disabilities. The new bills recently introduced, the IDEA Full Funding Act and the IDEA Fairness Restoration Act, seek to help achieve this by strengthening the financial support to schools and parents to ensure students with disabilities have the resources they need to succeed.

When IDEA was first passed, Congress proposed that federal funds should cover up to 40% of the excess cost of educating students with disabilities. However, federal funding has never reached the level that was discussed at the passage of IDEA, remaining stagnant at about 16%. The IDEA Full Funding Act would meet that goal of federal support for schools at the 40% level, helping to strengthen the financial resources of schools so that they have the funding they need to provide the high-quality education IDEA promises.

The IDEA Fairness Restoration Act would help to support parents seeking to resolve disagreements with schools about the best education plan for their child. Although parents can seek a due process hearing, they are required to cover the costs related to the hearing, making it more difficult for families to protect the rights of the child. The IDEA Fairness Restoration Act would restore the initial intent of IDEA to cover the costs of expert fees and examinations when schools are found to be not meeting their legal requirements to provide a free and appropriate public education for children with disabilities.

For a summary of the IDEA Full Funding Act, click here.

For a summary of the IDEA Fairness Restoration Act, click here.