National Association of the Deaf

On May 13, 2004 the U.S. Senate approved S. 1248, the Senate version of the 2004 amendments to the Individuals with Disabilities Education Act (IDEA) by a 95-3 vote.

This paves the way to a House-Senate conference to write a "Conference Report" (compromise bill) that would return to each chamber for passage and then go to President Bush for signature into law. The House passed its version, H.R. 1350, more than a year ago.

In a House-Senate conference, the Senate likely would be in the stronger bargaining position. This is because the Senate vote was overwhelming. House conference committee members, by contrast, would be presenting a bill that generated more "Nay" votes than any amendment in the 25+ year history of the IDEA.

Observers hope that the conference report will be signed into law before the election cycle heats up. The Democratic National Convention occurs in Boston in July and the Republican National Convention happens in New York in late August and early September.

Advocates also hope that, with IDEA behind them, Senators can focus on the long-delayed reauthorization of the Workforce Investment Act, which includes the Rehabilitation Act.

Details on IDEA Amendments

The Senate-passed version of the amendments and the House-passed one are very similar with respect to provisions of most interest to the NAD. Neither takes bold steps on behalf of Americans who are deaf or hard of hearing.

Both bills add "interpreting services" to the list of authorized "related services" that are to be provided to children and youth. The IDEA requires that both special education and related services be offered, as needed, to students. The NAD is pleased to see explicit acknowledgement that interpreting services are necessary. However, the wording largely ratifies what already is common practice: when deaf students are placed into neighborhood schools, interpreting services commonly are provided. The NAD's concern throughout this reauthorization cycle has been that the quality of those services frequently is unacceptable. Neither the House nor the Senate bill speaks to that issue.

Both bills call upon the U.S. Department of Education to support captioning of media, but limit the scope of coverage to media of educational value that is suitable for classroom use. Captioning of news must meet that standard and is, in addition, authorized only through September 30, 2006. (As of that date, another law, the 1996 Telecommunications Act, requires that news as well as other broadcast programming be captioned.) The NAD had sought language that would authorize captioning of a much broader scope of programming, noting that many deaf and hard of hearing people benefit from watching media that is not of obvious "classroom use".

Both bills continue to authorize IDEA funding for the captioning of media (films, CD, DVD, etc.) that was not captioned by its providers/distributors. The major change is that such funding "may" be provided. Current law uses the word "shall" in directing the Department to fund captioning and loan services. The Captioned Media Program (CMP), administered by the NAD, is such a program.

The NAD will continue to monitor the IDEA amendments through eventual enactment.