NASP Update Daniel C. Miller, Ph.D., NCSP NASP President

2 IDEA Reauthorization: NASP’s Position NASP believes that the reauthorization of IDEA provides a perfect opportunity to strengthen the provision of school-based mental health services for all students, and that such services should be more regularly considered when evaluating students, developing IEPs, and providing school- wide interventions.

3 IDEA Reauthorization: NASP’s Position NASP strongly opposes cessation of services. Ceasing educational and other services for students as a means of disciplining them does not improve school safety or effectively address the behavior.

4 IDEA Reauthorization: NASP’s Position NASP strongly suggests that the definition of Emotionally Disturbed (ED) be reexamined in light of the current estimates of need. As highlighted in the Surgeon General’s report on children’s mental health, only one in five children who need mental health services actually receives them.

5 IDEA Reauthorization Timeline House Bill (H.R. 1350) –Bill rushed through committees and floor discussion without adequate time for advocates or the general public to review and provide input into proposed changes. Introduced March 19, 2003 Passed out of committee to the full House on April 2, 2003 Full House passed it on April 30, 2003

6 IDEA Reauthorization Timeline House Bill (H.R. 1350) –Reduce paperwork burden by streamlining IEPs (part of this accomplished by provisions that): Allow 3 year IEPs if parent and district agree, Eliminate benchmarks and short-term objectives from IEPs (educators opppose this) Allow IEP to be amended without convening entire IEP team if parent and district agree.

7 IDEA Reauthorization Timeline House Bill (H.R. 1350) –New language to enhance the pre- referral interventions, including behavioral interventions. –Allows up to 15% of special education funds to be used for general education pre-referral interventions (controversial)

8 IDEA Reauthorization Timeline House Bill (H.R. 1350) –There were several discipline provisions that would reduce the due process rights of students with disabilities, including: the elimination of the manifestation and Functional Behavioral Assessment requirements prior to a change in placement and indefinite placements in “interim” alternative educational settings.

9 IDEA Reauthorization Timeline House Bill (H.R. 1350) –Omitted language from current law that describes how states must maintain a “highly qualified” standard for related services personnel, based on state standards for entry into the profession. NASP is not in favor of omitting the “highest professional standard” provisions. Given shortage of school psychologists, we run the risk of minimally training people hired in the place of school psychologists.

10 IDEA Reauthorization Timeline House Bill (H.R. 1350) –Language requiring states to develop and implement policies and procedures prohibiting school personnel from requiring a child to obtain a prescription for psychotropic medications as a condition of attending school or receiving services. Implementation could result in a “gag-rule” on school personnel from properly informing parents of their options.

11 IDEA Reauthorization Timeline Senate Bill (S.1248) –introduced June 12, 2003 –Passed out of committee on June 25, –The full senate is excepted to vote on the bill as early as the end of March.

12 IDEA Reauthorization Timeline What’s next? –House and senate conference committee to iron out differences and send revised bill back to full House and Senate. –Once the full House and Senate pass the final bill it goes to the President for his signature (probably winter, 2004). –Department of Education writes new regulations (spring, 2004 and beyond) –Required implementation year.

13 LD Identification: NASP position Maintain current definition of LD in law (see IDEA 1997), but change eligibility criteria in regulations. Eliminate use of the scientifically unsupported ability-achievement discrepancy requirement.

14 LD Identification: NASP position As an alternative, introduce a multi- tiered model that is based on both the significantly low underachievement and the insufficient responsiveness to intervention “dual-discrepancy” criteria. The multi-tiered model ensures that students with learning problems receive supports in general education in a timely manner.

15 LD Identification: NASP position Tier 1: High quality instructional and behavioral supports for all students in general education. Tier 2: Targeted intensive prevention or remediation services for students whose performance and rate of progress lag behind the norm for their grade and educational setting. Tier 3: Comprehensive evaluation by a multi-disciplinary team to determine eligibility for special education and related services

16 Monitoring IDEA Reauthorization IDEA Information – ation.htmlhttp:// ation.html IDEA Reauthorization and LD Reforms – htmlhttp:// html FAQs: NASP and IDEA Reauthorization – htmlhttp:// html Links to IDEA Legislative Information – tmlhttp:// tml

17 Contact Information Daniel (Dan) C. Miller 1156 Point Vista Road Corinth, Texas (940) NASP phone