Number: RL32931
Title: The Individuals with Disabilities Eduction Act (IDEA): Paperwork Reduction in P.L. 108-446
Authors: Nancy Lee Jones, American Law Division; and Richard N. Apling, Domestic Social Policy Division 
Abstract: The Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §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.
Pages: 9
Date: May 24, 2005