The Individuals with Disabilities Education Act (IDEA): Paperwork Reduction in P.L. 108-446 (CRS Report for Congress)
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| Release Date |
May 24, 2005 |
| Report Number |
RL32931 |
| Report Type |
Report |
| Authors |
Nancy Lee Jones, American Law Division; and Richard N. Apling, Domestic Social Policy Division |
| Source Agency |
Congressional Research Service |
Summary:
The Individuals with Disabilities Education Act (IDEA) (20 U.S.C. Section 1400 et seq .)
is both a
grants statute and a civil rights statute. It provides federal funding for the education of children with
disabilities and requires, as a condition for the receipt of such funds, the provision of a free
appropriate public education (FAPE). School districts must identify, locate, and evaluate all children
with disabilities, regardless of the severity of their disability, to determine which children are eligible
for special education and related services. Each child receiving services has an individual education
program (IEP), created by an IEP team, delineating the specific special education and related services
to be provided to meet his or her needs. The statute also contains detailed due process provisions
to ensure the provision of FAPE.
Paperwork is required to implement many of these statutory provisions, and the requirements
have often been criticized as being overly burdensome. One aim of the recent reauthorization of
IDEA ( P.L. 108-446 ) is to reduce unnecessary paperwork, as discussed in both the House and Senate
committee reports for P.L. 108-446 . P.L.108-446 contains provisions specifically aimed at reducing
paperwork and administrative burden including a paperwork reduction pilot program, changes in IEP
requirements, changes in requirements for procedural safeguards notices, and a requirement that the
Secretary of Education publish and disseminate model paperwork forms. This report will not be
updated.
