February 15, 2024
Chairpersons and honorable members of the Committee. My name is Catherine E. Johnson. I am the Executive Director of Disability Rights Iowa. DRI is an independent, non-profit agency, which serves as the designated protection and advocacy system for people with disabilities in the state of Iowa, pursuant to federal mandates. The mission of the agency is to protect and advocate for the human and legal rights of Iowans with disabilities. I appear before you to share DRI’s concerns regarding the impact of HSB 713 on the Disability Community.
DRI’s expertise in special education
DRI represents students with disabilities who are at risk of being pushed out of school due to their disabilities. Our cases typically involve students with complex behavioral needs who face a significant number of suspensions, restraints, and seclusions, shortened school days, and other disciplinary matters that interfere with their ability to receive the education they deserve. As part of this work, we attend IEP meetings, work with schools and AEAs to obtain appropriate supports and services that enable students to remain in school, and represent families in dispute resolution proceedings.
HSB 713 would have a significant impact on students with disabilities:
DRI previously submitted testimony regarding the impact that HSB 542 and SSB 3073 would have on students with disabilities. While this new bill makes some changes to the governor’s proposal, many of our original concerns about the impact on students with disabilities remain with HSB 713.
- HSB 713 vests a great deal of power and control with the Department of Education
- AEA employees regularly attend IEP meetings, collaborate with school districts, and provide support to students and families to ensure schools comply with their legal obligations and provide the best possible education to students with disabilities.
- The DE is not embedded in these communities to the same degree.
- HSB 713 allows DE to override AEA actions.
- Nothing in HSB 713 provides the DE with the specialized knowledge and expertise to fill this vital role of providing services to 60,000 students with IEPs on an individualized level.
- Without AEA involvement and oversight, students with disabilities will be more likely to have IEPs that are not properly followed, are not tailored to their individual needs, and do not comply with state and federal laws.
- HSB 713 requires DE approval for AEAs to provide professional development services to schools, without providing guidance on how determinations should be approved.
- HSB 713 fails to provide resource to appeal this decision.
- Students with disabilities and their parents often request schools train their staff on new and developing strategies to meet the individualized needs of each student. The DE does not currently participate in these conversations or formal agreements. This will create additional barriers for students in receiving the high-quality support they are legally entitled to from their schools.
- HSB 713 creates a task force with a short deadline after significant changes have already taken effect.
- An in-depth study conducted by a task force that includes parents of students with disabilities would be impactful and could proactively address concerns; and improve the legislation and the education of students with disabilities. HSB 713 fails to include key stakeholders in the proposed representatives in the proposed task force. The Proposed Task Force should include students with disabilities and other stakeholders that will be most impacted by this legislation.
- HSB 713 creates a task force with an incredibly short deadline for them to complete their work. Special education is a complex system that is highly individualized and specialized, and students with disabilities deserve a robust and carefully considered study to determine their needs and what services meet those needs.
- HSB 713 makes significant changes to special education before any task force has had a chance to weigh in and provide recommendations.
- HSB 713 puts funding for services for students with disabilities at risk
- HSB 713 retains the fee-for-service model of the original legislation that jeopardizes AEA’s abilities to provide robust services to students with disabilities. Special education services can be expensive, and demand for them exceeds the supply available in Iowa. A fee-for-service model only exacerbates this issue, meaning students with disabilities in small and rural school districts will face greater barriers to receiving the services and supports they need. Delaying a student’s access to these services and resources due to financial strain or a shortage of providers may violate a school’s obligation to identify and evaluate students with disabilities and provide them with a free and appropriate public education.
- Special education students are general education students first, and they benefit greatly from high quality curriculum, materials, and supports that the AEAs provide through media services and educational services. When schools have access to these things, they are better able to serve students with disabilities in the general education setting, reducing the amount of time they are segregated from their peers and the general education classroom. This improves academic, social, and behavioral outcomes for all students, whether they have a disability or not.
- HSB 713 fails to provide oversight or accountability of private providers that schools contract with to ensure they use public dollars to provide students with a free and appropriate public education that does not discriminate against them based on their disability.
DRI strongly opposes this legislation. DRI urges legislators to thoughtfully consider the testimony submitted today, the concerns previously shared by parents and stakeholders and take the time necessary to fully understand the AEA system,
DRI supports legislators in developing a Task Force but requests that sufficient time be allowed to fully understand and thoughtfully include all stakeholders in the discussion of how the AEA system could be improved for students with disabilities. Rushing this crucial decision will harm the educational opportunities for students with disabilities and will create new barriers for students with disabilities, resulting in lower achievement test scores, lower graduation rates, and higher high school dropout rates.
DRI welcomes the opportunity to discuss our concerns more in-depth with any member of the Iowa Legislature, Thank you in advance for your thoughtful deliberation of our testimony in opposition to HSB 713.
