Archive of Special Education Forum Message Board Folder
LEGISTLATIVE ACTIONS
File Name: Legisact1.txt
March 26, 1995 - December 18, 1996
389 messages
156 pages
SUBJECT: GOVERNORS ATTACK IDEA
Date: 95-03-26 13:23:25 EST
From: LonnieJ269
In a letter to Speaker Newt Gingrich, the National Governors' Association states that the Individuals with Disabilities Education Act (the basic federal law requiring the availability of special education) needs modifications that "should be enacted immediately to relieve some of the burdens imposed on states and local education agencies."
The letter was signed by Gov. Howard Dean of Vermont, and by Gov. Tommy Thompson of Wisconsin. They request that the U.S. House hold a "Correction Day", a day for legislators to "propose quick changes to laws they consider particularly burdensome, outdated or unworkable".
A column in today's ST. LOUIS POST DISPATCH, "Standards in the Classroom", says "Full inclusion - whereby severely behavior-disordered kids are to be mainstreamed in regular classrooms - when combined with heterogenous grouping may well provide the final knockout blow to public education."
SUBJECT:
Elimination - Disability Categor
Date: 95-04-13 00:51:01 EST
From: ENCINITAS
Sources in a disability organization have reported that Clinton's reauthor bill of IDEA includes the elimination of disability categories. CA is developing legislation to change its method of funding Spec Ed-it also includes eliminating disability categories - "labels." How do you special ed professionals feel about that? What are the implications? There is concern that this is just a way to divert Spec Ed funds into General Ed, especially since CA has such low per capita ed spending relative to other states. An interested Parent.
SUBJECT: Re:Elimination - Disability Cate
Date: 95-04-13 18:57:18 EST
From: SusanS29
I think it's really *dumb* to eliminate labels.
Suppose you had to go to one doctor for diagnosis, and another for treatment? Then suppose the only diagnosis the first doctor could give was "sick" or "well."
If the diagnosis was "sick," the second doctor would know you needed treatment but have absolutely no idea what to do. Strep throat requires different treatment than cancer...
SUBJECT: Re:Elimination - Disability Cate
Date: 95-04-15 00:41:21 EST
From: Keldonia
Susan is absolutely correct ! The identification of an educational need, as well as, an existing disability is vital to appropriate planning. I know of some schools that provide rubber stamp education services solely on the disability. Usually, the assessment is used for planning. When we provide in-service to diagnosticians in our district we encourage them to get thelabel, identify and establish the plan and then forget the label.
SUBJECT:
Re: Elimination - Disability Cate
Date: 95-04-20 19:36:52 EST
From: Dls3
Do you think that services could be based on needed supports vs categorical label? I have a daughter with a metabolic disorder and a language/learning disability. She has the following labels ; Learning Disabled, Speech/ Language Disordered, Medically Fragile/Other Health Impaired, and Physically Handicapped. She receives in the form of support services, LD Resource, and Speech/Language. She doesn't need any more support than that, so why does she need all those labels? Could it be related to the amount of federal reimbursement my district receives for all those labels?
SUBJECT: Re:Elimination
- Disability Cate
Date: 95-04-21 19:54:14 EST
From: LonnieJ269
There is NO additional federal reimbursement via IDEA for a child based on one category, two categories, or multiple categories. It is an unfortunate myth often stated by those who believe in full inclusion.
Some are attempting to repeal IDEA, or dramatically reduce the number of children eligible. When the Federal government is providing only 7% of the cost of special education, rather than the 40% called for in IDEA, if we do not aim at real problems, there may be no IDEA, and then every person will have to rely on their State and local school district. Exactly where we were 25 years ago. Please let us focus on real problems.
SUBJECT: Rally in DC
Date: 95-04-21 21:18:52 EST
From: KarenL2888
We are trying to organize a national march on DC for the last Friday in
August to protest cuts to IDEA and SSI. We have the required permits and
have scheduled it to correspond with the Natl Down Syndrome Congress
Convention for maximum attendance. If youd like to help, attend, or express
interest, please Email me or Shmookie. Thanks, Karen
SUBJECT: Re:Rally in DC
Date: 95-04-23 13:40:58 EST
From: ALauritzen
Karen, there is also going to be a Promises to Keep Rally in Washington on
June 22 at Noon on the Capitol Steps. Contact Larry or Patty at the National
Parent Network on Disabilities for more information. 1-703-684-6763 or
NPND@aol.com Anne
SUBJECT: Re:Elimination - Disability Cate
Date: 95-04-23 17:11:59 EST
From: SusanS29
"She doesn't need any more support than that, so why does she need all those labels?"
She *has* to have the LD label to get LD services;she has to have the other labels to get services for them.
"Could it be related to the amount of federal reimbursement my district receives for all those labels?"
I doubt it, because auditors come in periodically and go through the files. They require proof that a child meets the criteria for any label. Standards for speech/language, for instance are very easy to set because language is right there in front of you to be examined (far easier than evaluating perceptual strengths and weaknesses, for instance). In addition progress in speech and language is easily measured.
SUBJECT: Re: Idea and ADA
Date: 95-04-29 11:05:56 EST
From: USAisNo1
Are these laws really making a difference? I mean we have them but our children are being used for so school districts can make a profit. The schools know how to do the least for our children and still remain in compliance with federal mandates. Parents are manipulated into believing the schools know best and these laws are actually making a difference. Some parents don't want their children mainstreamed and are being forced to do it, other parents want their children mainstreamed and can't get it done. We have conference after conferenc and our children are suffering the whole time. Even with the laws on the book nobody is enforcing them and if they are the special educators know the loopholes. How do we make the schools do what is right for our children when all they see is dollar signs?
SUBJECT: Re:
Idea and ADA
Date: 95-04-30 08:41:26 EST
From: SusanS29
"Are these laws really making a difference? I mean we have them but our children are being used for so school districts can make a profit. "
There's no profit being made.
"Parents are manipulated into believing the schools know best..."
That's such a sweeping statement. Sometimes the school does know best, and parents don't want to face up to the fact that their child has a very serious problem. Other times the schools believe they are right but are misguided. Both situations happen, but a smart parent will at least hear the school out and find out why they're concerned.
"Parents are manipulated into believing the schools know best and these laws are actually making a difference."
In many cases the laws make a huge difference. If the child *doesn't* improve, the parents have all sorts of options for airing their grievances- and are *told* what those options are at least once a year. So any parents who don't exercise their right to fight for their child have actively made the choice to do nothing.
"Even with the laws on the book nobody is enforcing them and if they are the special educators know the loopholes."
You sound very frustrated. I'm assuming you've appealed you child's services through the local system. Why not file a complaint with the Office of Civil Rights? It's easy, it's cheap and it's fast.
If money really is the issue at your school district, then fighting them through OCR is the way to go. For instance, if you can demonstrate that your child has not made progress, you may be able to force the school to pay for your child's private school tuition.
SUBJECT: Re: Idea and ADA
Date: 95-04-30 09:05:43 EST
From: SusanS29
"Are these laws really making a difference? I mean we have them but our children are being used for so school districts can make a profit. "
There's no profit being made.
"Parents are manipulated into believing the schools know best..."
That's such a sweeping statement. Sometimes the school does know best, and parents don't want to face up to the fact that their child has a very serious problem. Other times the schools believe they are right but are misguided. Both situations happen, but a smart parent will at least hear the school out and find out why they're concerned.
"Parents are manipulated into believing the schools know best and these laws are actually making a difference."
In many cases the laws make a huge difference. If the child *doesn't* improve, the parents have all sorts of options for airing their grievances- and are *told* what those options are at least once a year. So any parents who don't exercise their right to fight for their child have actively made the choice to do nothing.
"Even with the laws on the book nobody is enforcing them and if they are the special educators know the loopholes."
You sound very frustrated. I'm assuming you've appealed you child's services through the local system. Why not file a complaint with the Office of Civil Rights? It's easy, it's cheap and it's fast.
If money really is the issue at your school district, then fighting them through OCR is the way to go. For instance, if you can demonstrate that your child has not made progress, you may be able to force the school to pay for your child's private school tuition.
SUBJECT: Re: Idea and ADA
Date: 95-04-30 09:26:10 EST
From: LonnieJ269
IDEA is making a difference. Before this Federal law, many children with disabilities were excluded from school (now this very rarely happens), put together with children with all types of disabilities with 30 to 40 children in a classroom WITHOUT specialized individual teaching (our state called them "opportunity rooms"), or ignored in the regular classroom until they became truant or dropped out of school.
No one wants to return to those days before IDEA. There remain tremendous problems. Since we will never have a perfect society, we must deal with those problems every day. Most important: we should do nothing to make these problems worse.
You are right. "Some parents don't want their children mainstreamed and are being forced to do it" and the opposite as well. IDEA requires a balance between "least restrictive environment" and the "continuum of alternative placements". This balance is always difficult. NO LAW or final court decision says that inclusion is for all or that inclusion is a right or that all children must be mainstreamed. Some advocates say that, but that does not make it true.
Every school district must both provide help in the regular classroom, resource rooms, separate classes, separate schools, and access to residental schools IF an individual decision for an individual child says that is best ("continuum of alternative placements"); AND also at the same time make an individual decision for that child on how to keep that child as close to home as possible with as much interaction with children without disabilities as reasonably possible ("least restrictive environment"). This is not easy because both the Holland and Oberti decisions (and other decisions that have decided in favor of separate classes and separate schools) have said schools must consider "cost".
Remember each of these court decisions are made for ONE child, on the facts and circumstances of ONE child. They do not apply to all children, or even to another child who may seem similar.
However your statement that a public school does this for profit ("so school districts can make a profit") is simply incorrect. The Federal government pays only 7% of the cost of special education. Very few States pay most of the rest of the cost. Almost every school district in our State (I think its EVERY school district, but I'm stating this cautiously) pays significantly more IN LOCAL FUNDS to educate each child with a disability than it spends to educate a child without a disability. Profit?
SUBJECT: Re: IDEA and ADA
Date: 95-04-30 22:25:08 EST
From: USAisNo1
The school district I live has to be making a significant profit off my son. I was told they get $6,000 extra because he is enrolled as special ed (which I was opposed too) and the services he gets is about 10 min of PT and 10 min of OT every week or two. The other children with Mental disabilities are in the schools but manitained in a class together with no inclusion in regular class. They put the children in the school that houses their disability. They justify placement with IEP's. Tehy said they could not offer any other services for my child unless I sent him to the school where children with physical disabilities are housed. My child has physical needs that won't be addressed unless I send him to be with others like him. The laws aren't working here and yes they are making a profit. I've even offered to pay for what I think he needs but they won't allow that. I am fighting for my child so yes I am frusterated. Susan we can all set back and say this is working but when one child is neglected it's not working and by looking at the messages it's not one child but many. So maybe we need to figure out something more than just laws that say it is supposed to be this way and believing it will make it happen. I am very aware of my son's needs and I have listened to what the school has said but I don't think herding all like disabilities together is best for him or any other disabled child.
SUBJECT: Re:
IDEA and ADA
Date: 95-05-01 20:49:17 EST
From: SusanS29
"They justify placement with IEP's."
No. That's not how they work. They do have to justify placement, but not with IEPs.
Just for the record, I never said it's working for all children, OK?
As for this: "I don't think herding all like disabilities together is best for him or any other disabled child."
What have you done to challenge this? With the inclusion movement you would find lots of support.
SUBJECT: Re: IDEA and ADA
Date: 95-05-02 20:24:29 EST
From: USAisNo1
"Just for the record . . ."
I never said you did. Your message sounded a little judgemental of parents who deal with inadequate schools. Are you in a teacher or in the educational profession. You sound defensive of the schools.
Yes they do use the IEP to justify placement and I have fought the sschool for three years to keep them from herding my son off to another school which contains children with disabilities similar to his. All I want to know is if the laws aren't working can't we as parents figure a way to make all schools meet the needs of children with disabilities. I would also like to suggest to all parents read the info regarding the change of IDEA it is geared toward moving more resources to the state level. I think a full understanding of the suggested change might make this one battle the parents don't need to fight. Maybe we should get a copy of it (the full text) to post instead of jumping to conclusions. Parents of children with disabilities have a lot of battles to fight let's pick them carefully.
SUBJECT: Re: IDEA and ADA
Date: 95-05-02 23:18:53 EST
From: SusanS29
"Yes they do use the IEP to justify placement..."
Then sue them, because that's not legal. Only the psychological testing and other measures of of the child's present levels of functioning can be used to justify placement.
"I have fought the sschool for three years to keep them from herding my son off to another school which contains children with disabilities similar to his..."
I sympathize with your frustration, but as I say, inclusion is a movement gaining more and more strength every day. You *can* fight this if determined enough, and as I say again the Office of Civil Rights is a great place to go. I recommend OCR actions to people all the time, and that's not something that someone protective of the schools would do... OK? I'm on the parents' side all the way.
SUBJECT: Re: IDEA in danger!!
Date: 95-05-06 12:30:20 EST
From: KarenL2888
Anyone interested in preserving the IDEA and SSI for our children's futures can do your part by mailing a letter of concern to Senator Robert Packwwod, 259 Russell Senate Office Building, Washington, DC 20510.
Include a picture of your child if you can. Mr Packwood is the director of
the Appropriations Committee. thanks, Karen
SUBJECT: IDEA Reauthorization
Date: 95-05-11 20:29:28 EST
From: JohnB48334
IDEA REAUTHORIZATION HEARINGS SET FOR MAY
During May, the U.S. Congress will hold at least three (3)
hearings on the reauthorization of the Individuals with
Disabilities Education Act (IDEA - previously referred to PL: 49-
142). Challenges to the right to a free, appropriate public
education continue both in the media and from groups advocating
for restricting the law in numerous ways. The 104th Congress will
"kick off" its reauthorization activities with a join Senate-
House 20-year anniversary hearing on May 9th. Witnesses will
include numerous people who were involved in passage of the law in 1975. Senate hearings will follow on May 11th and May 16th.
Your members of Congress must hear from you during May about how important this law is to your child. The following table lists members of the Senate and House committees with jurisdiction over IDEA. These committees also have jurisdiction over employment consolidation activities. Please write these members of Congress. Attach a picture of your child. Tell them how important this law, and the protection it provides is to your family. Please send the United Cerebral Palsy Association Governmental Activities Department a copy of your letter.
SENATE LABOR AND HUMAN RESOURCES COMMITTEE
Republicans Democrats
------------ -------------
Nancy Kassebaum (KS), Chair Edward M. Kennedy (MA),
Jim Jeffords (VT) Ranking Member
Dan Coats (IN) Paul Wellstone (MN)
Judd Gregg (NH) Claiborne Pell (RI)
Bill Frist (TN) Christopher J. Dodd (CT)
Mike Dewine (OH) Paul Simon (IL)
John Ashcroft (MO) Tom Harkin (IA)
Spencer Abraham (MI) Barbara Mikulski (MD)
Slade Gordon (WA)
HOUSE ECONOMICS AND EDUCATIONAL OPPORTUNITIES COMMITTEE
Bill Goodling, (PA) Chair William Clay (MO),
Tom Petri (WI) Ranking Member
Marge Roukema (NJ) George Miller (CA)
Steve Gunderson (WI) Dale E. Kildee (MI)
Harris W. Fawell (IL) Pat Williams (MT)
Cass Ballenger (NC) Mathew G. Martinez (CA)
Bill Barrett (NE) Major R. Owens (NY)
Randy Cunningham (CA) Thomas C. Sawyer (OH)
Pete Hoekstra (MI) Donald M. Payne (NJ)
Howard P. McKeon (CA) Patsy Mink (HI)
Michael N. Castle (DE) Robert E. Andrews (NJ)
James Talent (MO) Jack Reed (RI)
Lindsey Graham (SC) Tim J. Roemer (IN)
David Weldon (FL) Eliot Engel (NY)
David Funderburk (NC) Xavier Becerra (CA)
Mark Edward Souder (IN) Robert C. Scott (VA)
David McIntosh (IN) Gene Green (TX)
Frank Riggs (CA) Lynn Woolsey (CA)
Jan Meyers (KS) Carlos Romero-Barcele (PR)
Jim Greenwood (PA) Mel Reynolds (IL)
Sam Johnson (TX)
Charles Norwood (GA)
Joseph Knollenberg (MI)
Adapted from WASHINGTON WATCH, Vol 1, No 4, May 2, 1995,
published by United Cerebral Palsy Associations, 1660 L Street,
NW, Suite 700, Washington, DC 20036. Phone 800/USA-5UCP, Fax
202/776-0414, E-Mail: WashWatch@aol.com
Subscriptions by e-mail, snail-mail or Fax - call/write for
information.
SUBJECT: Montessori Early Education
Date: 95-05-20 08:45:49 EST
From: SusanMaycl
You can contact Naomi Martinson at the Austin Early Intervention program. They are looking at Montessori Assistants to Infancy training for their group. Or you can contact the Michael Olaf company for a great publication on language, movement development, and other Montessori information for birth to age 12. Their number is 707-826-1557. The 95-96 edition will be the most valuable. It comes out in July.
SUBJECT: Re:IDEA Reauthorization
Date: 95-05-29 11:37:03 EST
From: Wcs929
WOW, Did I get an education this morning. I am a graduate student at Cal
Poly Pomona, CA. I teach elementary physical education. I have many
students with disabilities in included in my general PE classes. I am
becoming more aware of the needs of children with disabilities. Presently I
am writing a paper on the evolution of IDEA. The information I read today
helped me tremendously. Thank you Susan
SUBJECT: Where is it now???
Date: 95-06-13 00:09:48 EST
From: Gkerr123
I've just read (6/13) all of this. Is IDEA safe, dead, in limbo or what??? If it is still alive but in trouble, I'll write/call congressmen, senators, or whomever. Would someone "in the know" please post an update??
SUBJECT: Re:Where is it now???
Date: 95-06-13 08:55:07 EST
From: ALauritzen
The latest that I know of is that there are House hearings coming up end of this week or next week, since they think they need their own version of reauthorization. Next month around the 20th there will be hearings on the discipline component of the reauthorization. The joint hearings that Senator Frist had last month went very well, according to the National Parent Network on Disabilities. Many students and former students testified. From what I understand there were very few if any Republicans at the hearings. If you want more details, call NPND. 1-703-684-6763.
Right now everyone is kind of focusing on the fact that SSI comes to the senate floor at any time for discussion. The version that came out of the Finance Committee is bad.
Anne
SUBJECT: Re:Where is it now???
Date: 95-06-14 12:22:37 EST
From: CGuth43409
The latest word on the reauthorization process is it still is locked in committee and we have no idea when it will come up for discussion. We have *heard* that the present Congress will probably want to combine special ed and Chapter 1 funding in one block grant (i.e. both will be funded by the same source).
This may be better, for it might be faster for students to receive services when they are first placed under the categories IDEA and Chapter 1 require. However we have seen the reverse happen.
Colin & Monica Guthrie
SUBJECT: Re: Idea and ADA
Date: 95-07-02 21:46:23 EST
From: Loguek
I am new to AOL so please bear with me. Have had interesting thoughts reading SusanS29 and USAisNO1 remarks about IEPs...particularly USA's frustration regarding IEPs. As parents we can sympathize with you and understand the roadblocks many educators put in front of our children. We tried to work within the system for our deaf son but finally had to go due process. We lost on the first level of hearings but we are determined to fight this all the way to obtain the appropriate education for our son. In testimony, his teacher for 3 years classified him as "unmotivated...and not eager to learn". And the district wanted us to place him in the same program next year with no modifications. How in our responsibility as parents could we place our son in an environment in which he was already proven a "failure"? We are attacking the IEP on the grounds that the goals and expectations were low and inappropriate, hence, his education was inappropriate.
Oh, by the way, in the three years he was in the program, the district never had a complete audiogram on our son. It had no idea what our son could discriminate auditorially. It seems to us that you have to know what a child can hear to appropriately fashion a program for that child if, as this program allegedly strived for, a goal is intelligible speech. But the bottom line is...he is profoundly deaf and the professionals there did not think he would talk proficiently. He has been enrolled at CID this past year and his educational and social progress has been remarkable. We are just grateful we caught the problems created by rigid educators and administrators before all his self-confidence was lost.
SUBJECT: Re: Idea and ADA
Date: 95-07-03 07:54:40 EST
From: SusanS29
"In testimony, his teacher for 3 years classified him as "unmotivated...and not eager to learn"."
How old is this child? This is "name-calling," and name-calling stops the search for solutions. In a formal hearing the only labels used must be diagnostic ones, not perjorative ones.
If you can demonstrate that he is progressing at CID where he did not in his other setting you can attempt to get your school district to pay for his tuition and other expenses at CID...
SUBJECT: Re: Idea and ADA
Date: 95-07-07 14:57:36 EST
From: Iamdaking
Washington Watch, July 4, 1995 issue published by United Cerebral Palsy Association, 1660 L Street, N.W., Suite 700 Washington D.C. 20036-5602 excerpts:
On Thursday, June 29, the House and Senate approved the Congressional Budget Resolution advancing movement toward significant losses in federal funding for many programs of importance to individual with disabilities, their families and service providers.
The bill incorporates seven year reductions that target a balanced budget in the year 2002. According to the Resolution, Congress must identify $900 billion in federal funds to cut over the next seven years in order for this to be accomplished.
The budget is now set and the appropriation process is on the fast tract. Strong messages are needed from the grassroots: the disability community could face disaster over the next few weeks. The House Labor, Health and Human Sevices and Education Subcommittee, which makes spending decisions for programs in each of these Departments, will vote on its Appropriations Bill on July 10. Members of the Subcommittee will be casting the first vote on FY 1996 spending for programs such as special education, rehabilitation, teacher training, educational research, assistive technology, etc. They will be charged with the challenge of cutting $10 - $12 billion for their current year funding levels. These will be tough decisions, and they will be searching for programs that will easier politically and personally to cut. Collectively the disability community must not allow them to perceive our programs as "easy" targets.
It is absolutely essential that we use the Fourth of July Congressional
Recess to educate the decision makers about the importance of certain
programs. When members of the Labor HHS-Education Subcommittee return to
Washington on July 10 to vote on this bill, please make sure that they have
heard from you and that they know personally of individuals who will be
harmed by singificant cuts in the programs that are important to you. IT IS
ESPECIALLY IMPORTANT IF YOUR REPRESENTATIVE IS ON THE LIST THAT YOU MAKE A
POINT TO VISIT THEM, ATTEND A TOWN MEETING, MAKE A PERSONAL TELEPHONE CALL TO
THEIR HOME OFFICE, OR WHATEVER OTHER MEANS YOU HAVE OF SENDING A CLEAR MESSAGE OF SUPPORT FOR DISABILITY FUNDING.
While the Senate is not slated to begin comparable Subcommittee mark-up until September, the same message should be shared with Members of that Subcommittee (see list below).
The bottom line message to the disability grassroots is that the time is here. The real first line of definitive funding decisions will begin on July 10. It is up to you to deliver a strong message over the next two weeks.
SENATE LABOR, HEALTH AND HUMAN SERVICES EDUCATION SUBCOMMITTEE
Republicians
Arlen Spector, PA), Chair
Mark O. Hatfield, (OR)
Thad Cochran, (MS)
Connie Mack, (FL)
Christopher S. Bond, (MO)
Jim M. Jeffords, (VT)
Judd Gregg, (NH)
Democrats
Tom Harkin, (IA)
Robert Byrd, (WV)
Fritz Hollings, (SC)
Daniel K. Inouye, (HI)
Dale Bumpers, (AR)
Harry Reid, (NV)
Herbert H. Kohl, (WI)
Address: Room SD-428, Washington, DC 20510
Phone: 202-224-5375
SUBJECT: IDEA REAUTHORIZATION
Date: 95-07-09 00:15:07 EST
From: LDA JWM
On Friday, July 9. Representative Kildee introduced the Department of Education's bill for the Reauthorization of IDEA, H.R. 1986. (Senator Harkin will introduce the bill the week of July 9)
The bill emphasizes educating students with disabilities in regular classrooms to the fullest extent possible, encourages the elimination of disability categories, changes the IEP process to require that a regular education teacher be present, and that there be teacher support to work with students with potential behavior problems, and lowers the age of planning for transition from school to work to 14, and includes paraprofessionals in the list of those eligible for training grants. Thats the good part. The bad part is that it will be difficult to trace students by specific disability category by proposals 1) to allocate IDEA funds to states and by states to locals based on a set percentage of the school population instead of the number of children with disabilities being served; 2) to eliminate the collection of data by disability category on the placement of students with disabilities (how to know where students with specific disabilities are being served); 3) to eliminate the reporting of the number of teachers and related service personnel by category; 4) to allow states and locals to mix IDEA money with money from other federally funded programs, such as Title I, Goals 2000 and School to Work. The bill also seeks ways to acess Medicaid or private insurance to pay for related services.
For more information contact Justine Maloney, LDA, 3115 No 17 St,
Arlington VA 22201, fax 703/243-0894
SUBJECT: Re:IDEA REAUTHORIZATION
Date: 95-07-09 11:26:31 EST
From: SusanS29
I think it's a *really* bad idea to eliminate categories.
This is the equivalent of a doctor calling everyone "sick" or well. It points to a problem but not toward a solution.
The solution for a sick person will be very different if he has cancer than if he has strep throat-both potential serious, but also tremendously different.
SUBJECT: Alert !!!!!
Date: 95-07-14 01:44:13 EST
From: ALauritzen
Action Alert, July 13, 1995
The House Subcommittee takes their teeth to services for children in special education.
IMMEDIATE ACTION REQUIRED!!!! PARENT TRAINING CENTERS, EARLY CHILDHOOD SERVICES RECOMMENDED TO BE DEFUNDED!!!!!
Yesterday evening the Labor, Health and Human Services and education Subcommittee of the House Appropriations Committee slashed two thirds of the discretionary funds in the IDEA administered by OSEP of all of the discretionary funds currently administered by OSERS. In particular, personnel preparation and early childhood services (amongst others) were completely eliminated. As a result, The Parent Training and Information Center line item was also completely eliminated.
The next step in the House Appropriations process will be to recommend to the full Appropriations Committee the subcommittee mark. The full committee will mark up next Thursday July 21, 1995. Documentation of the Subcommittee mark will be forth coming.
If anyone doubted just how grave this situation is they surely will not doubt it now!
Parents, teachers, family members, friends, ICC members and anyone else that can and is willing should contact their member of the House of Representatives immediately. They should explain the value of parent training and information (centers) as well as discuss the crucial nature of other services that have been eliminated such as early childhood, personnel preparation, research and many others.
THIS IS NOT A DRILL!!!!!!!!
The National Parent Network is in the process of moving, so their
communication lines will be down until next Monday. If you have any question,
contact me by E-mail or on screen. Anne
SUBJECT: Re:Alert !!!!!
Date: 95-07-14 19:11:42 EST
From: Ratatat
I did contact my state sentator (our representative is completely worthless), and was very well received. As it happens, this senator's assistant has a child who is hearing imparied and depends on the IDEA, etc.. to be sure her child receives appropriate services. She did not know about the acitivities and was very upset. She assured me that she would have a sit-down with the senator!
It's worth it to call and it only takes a few minutes.
SUBJECT: Re:Alert !!!!!
Date: 95-07-15 08:06:57 EST
From: ALauritzen
Whether your Representatives are worthless or not, we have one too, they need to hear from you. They can say that they never heard from families so the cuts must be OK. You have to learn how weird their justification for things are sometimes. If we complain too loudly, they think it must not be working, so instead of fixing it - let's get rid of it. That is why the advocates across the country have been pushing for positive stories about what is RIGHT about the programs instead of what is wrong.
CONTACT ALL OF YOUR CONGRESSIONAL REPRESENTATIVES WORTHLESS OR NOT!!!!!!!
SUBJECT: Re:Where is it now???
Date: 95-07-19 21:14:03 EST
From: BobP142665
Does anyone have any feelings about the discipline component of IDEA. Many national groups such as administrators, and teachers unions are supporting the idea that identified special education students be treated the same as other students regarding discipline (suspensions and expulsions). They claim that there is no process for suspending or expelling special education students. While that is not true students can be suspended for up to 10 days then the CSE must meet and determine if the student needs a change in placement. If the parents disagree they are entitled to an impartial hearing. If inclusion is going to truly succeed and be accepted, we want to make sure that dangerous students are removed from the classroom (so they can't not only regular but other special education students). We also need a safety net so that administrators don't rush to remove students that are disruptive because of their disability. But does the current system take so long that parents who may not realize or accept the extent of their child's problem and agree to a change in placement jeopardize other children's safety including the child with special needs???? Does anyone have any suggestions?????
SUBJECT:
Re: Where is it now???
Date: 95-07-20 16:09:04 EST
From: ALauritzen
Bob, I don't know alot, but there is some sort of a House committee movement
to make changes, specifically Rep. Gorton WA, he wants changes to the
discipline parts of IDEA. Contact the National Parent Network on Disabilities
by E-mail or call 1-703-684-6763. E-mail NPND@aol.com. Anne
SUBJECT: Re:Violence
in Schools
Date: 95-07-23 22:17:15 EST
From: LDA JWM
LDA has issued a position paper on violence in schools which agrees that students who bring dangerous weapons to school or who are a danger to themselves or others should be removed from the current placement until the IEP team can determine what services the child needs to control his behavior and where those services could be provided.
LDA is opposed to the Gorton Amendment, which would expand the removal of students who bring dangerous weapons to school to students who "physically or sexually attack other students or school employees, use drugs, or engage in "disruptive" behavior which interferes with the education of their nondisabled peers, because the determination of "disruptive" is purely subjective and can be used to remove students from their current placements without trying to identify the conditions which cause the behavior.
LDA supports the proposals for the IEP in H.R. 1986, the Reautorization of the IDEA Act, which would require a regular education teacher to be present at the IEP meeting and would require that supports be provided to help teachers identify and deal with inappropriate behaviors before they get out of hand.
.
SUBJECT: Re:MONEY??
Date: 95-07-23 22:25:19 EST
From: LDA JWM
Thanks to letters and calls from advocates around the country, funding for the Parent Training Centers was restored when the House Appropriations Committee met on July 21. However, the other discretionary programs under the IDEA, including Early Childhood, ClearingHouses such as NICHY, and Research and Innovation (which provide personnel preparation programs for high incidence disabilities such as learning disabilities and speech and language impairments) still are not being funded. The full House is scheduled to vote on the Appropriations on July 26. Advocates for the cut programs will have to turn to the Senate for support.
SUBJECT: Re:Alert !!!!!
Date: 95-08-01 19:30:56 EST
From: ALauritzen
IDEA has been rewritten by the House. They have taken the "old" version and
rewritten it, but have left a few things out, such as, in related services -
no assistive technology. Contact your Representatives for a copy of the NEW
VERSION. Might as well be prepared. Anne
SUBJECT: ARCHIVED MESSAGES
Date: 95-08-01 19:46:17 EST
From: Ratatat
!!!!!!! N O T I C E !!!!!!!
PREVIOUS POSTS HAVE BEEN ARCHIVED INTO THE SPECIAL EDUCATION LIBRARY FOR YOUR
DOWNLOADING CONVENIENCE.
Ratatat
Assistant Host, Special Education
SUBJECT: 5 Million Promises to Keep!
Date: 95-08-08 14:12:55 EST
From: ALauritzen
Individuals and organizations across the country are coming together to organize face-to-face meetings between families and their Representatives in Congress. The purpose of these meetings is to bring personal messages to our legislators about the importance of special education in the lives of our children. We desperately need to make these contacts and develop ongoing "dialogues" during the next two months as Congress puts forward House, Senate and Administration bills!!
Who: families/friends and advocates for children and youth in special education.
What: Face-to-face meetings with your Representatives and Senators
When: August 7 through September 7...the August Congressional Recess.
The goals is no less than 10,000 meetings/visits!
The message is personal to your family! The ARC, PODs in Virginia, The Autism National Committee, United Cerebral Palsy Associations, the National Parent Network on Disability, Justice for All. . . we are coming together to help get this done in every state!! Will you help? EMail JAutism or ALauritzen with your E-mail addresses and your names. As soon as we have state contact list filled, I'll get the names and additional info. onto the message board. THIS IS NOT A DRILL. . . God bless you all!
SUBJECT: Moved from another folder
Date: 95-08-08 18:54:18 EST
From: SusanS29
SUBJECT: 5 Million Promise to Keep 95-08-08 15:10:19 EDT
From: ALauritzen
Posted on: America Online
Individuals and organizations across the country are coming together to organize face-to-face meetings between families and their Representatives in Congress. The purpose of these meetings is to bring personal messages to our legislators about the importance of special education in the lives of our children. We desperately need to make these contacts and develop ongoing "dialogues" during the next two months as Congress puts forward House, Senate and Administration bills!!
Who: families/friends and advocates for children and youth in special education.
What: Face-to-face meetings with your Representatives and Senators
When: August 7 through September 7...the August Congressional Recess.
The goals is no less than 10,000 meetings/visits!
The message is personal to your family! The ARC, PODs in Virginia, The Autism National Committee, United Cerebral Palsy Associations, the National Parent Network on Disability, Justice for All. . . we are coming together to help get this done in every state!! Will you help? EMail JAutism or ALauritzen with your E-mail addresses and your names. As soon as we have state contact list filled, I'll get the names and additional info. onto the message board. THIS IS NOT A DRILL. . . God bless you all!
SUBJECT: House
Releases Draft IDEA Propos
Date: 95-08-09 22:34:35 EST
From: ALauritzen
The House "Opportunities" Committee has released a draft proposal for reauthorization of the IDEA. The House bill at this point includes amendments to Parts A, B and H of IDEA (general provisions, state grant program, program for infants and toddlers and their families). Additional section of the bill dealing with the discretionary programs if IDEA are expected shortly. The House bill incorporates many of the proposed amendments developed by the U.S. Dept. of Ed., Office of Special Education Programs. A major concern at this point deals with the overall structure of the bill: rather than amending existing sections of the law, the bill rewrites the entire law, folding in desired changes. This makes it very difficult to at a glance find all of the changes, and essentially puts the entire law on the table for further amendment. In addition, a second part of the bill will amend education reform laws, folding them into a block grant. This will be very controversial and subject to Presidential veto, thus potentially holding up the IDEA reauthorization even further.
In the meantime, it is imperative that members have the opportunity during the August recess to hear directly from children and youth with disabilities and their parents about the importance of special education and related services mandated under IDEA. Put faces on this law for your members of Congress!!
Excerpt from WASHINGTON WATCH, August 8, 1995
SUBJECT: Re:House Releases Draft
IDEA Pro
Date: 95-08-14 23:42:23 EST
From: STSmall
I am normally a conservative, non-inflammatory writer; however, The Staff Discussion Draft of IDEA dated July 27, 1995 has me terrified!
Many of you are fortunate enough to live in school districts where IDEA is properly implemented and there are advocacy groups to assist you with protecting your child's FAPE;
even you may need to worry
about some (not all) of the proposed changes!
Although there are many positive changes to IDEA, particularly the method of funding special education, there appear to be several changes that remove your ability to protect your child.
SEC. 614. d 2 (pages 94 and 95 of the draft)
"(2) IEP Team Each IEP referred to in paragraph (1) shall be developed in a
meeting by a team
(hereafter in this section referred to as the "IEP team") composed of -
"(A) a representative of the local educational agency who is-
"(i) qualified to provide, or supervise the provision of,
specially designed instruction to meet the unique needs of children with
disabilities; and
(ii) knowledgeable about the general curriculum *
"(B) at least one special education provider and at least one regular
education teacher (if the
student is, or may be, participating in the regular education environment),
who are, to
the maximum extent feasible, individuals who interact with children with
disabilities on
a regular, daily basis;
"(c) the child's parents **
"(D) whenever appropriate, the child; and
"(E) other individuals, at the discretion of the parent of the agency.
"(3) There isn't one
"(4) Development of the IEP.-In developing an IEP, the IEP team shall-
"(A) consider the child's strengths and the parents' concerns*** for
enhancing their
child's education;
* we recommend "(ii) be amended to read knowledgeable about the general curriculum and the child's impairment
It is essential someone knowledgeable about the child's disability(ies) be
present to insure proper
fulfillment of the new requirements of the IEP:
SEC 602. Definitions
"(11) INDIVIDUAL EDUCATION PROGRAM.- The term "individual education program"
means a written statement for each child with a disability that is developed,
reviewed and revised in
accordance with section 614(d) and that includes-
"(A) a statement of the child's present levels of educational performance,
including-
"(i) how the child's impairment affects the child's participation and
progress in the
general curriculum; or
"(ii) for preschool children, as appropriate, how the impairment affects the child's access to developmentally appropriate activities;
"(B) a statement of measurable annual objectives related to-
"(i) meeting the child's needs that result from the child's impairment to
enable the child
to participate in the general curriculum; and
"meeting each of the child's other educational needs, if any, that result from the child's impairment;
"(c)(i) a statement of the special education and related services and
supplementary aids and
services to be provided to the child and any program modifications necessary
for the child-
"(I) to attain the annual objectives described in subparagraph (B) and
"(II) to participate in the general curriculum and in extracurricular and
other
nonacademic activities;
"(D) where appropriate, a description of special services to be provided and behavioral management and behavior modification techniques to be employed to help the child avoid dangerous, disruptive, or inappropriate behavior;
(note: behavior figures heavily in this draft)
There is little hope that the LEA can fulfill these requirements without having someone knowledgeable about the child's impairment. For example: an Behavior Disorder teacher is going to very little about how APRAXIA/DYSPRAXIA (a motor planning disorder) impacts educational, extracurricular performance.
** "(c) amended to read the child's parent's as equal participants.
Currently in C.F.R. Part 300 Appendix C Interpretation of Requirem
SUBJECT:
Re: Vouchers/Reimbursement
Date: 95-08-16 23:13:45 EST
From: STSmall
In discussions today, I was made aware that
1) Our congressmen/women really WANT our to hear from PARENTS!!!
2) They do not realize there are many of us who actually have "Carter Cases" but have not pursued them for various reasons. It is important to let your congressperson know about your case.
For example: my son entered Cobb County Schools (yes, Newt's district) at age 6 reading at the K-11 (according to a Woodcock-Johnson) after two and a half years in Self-contained LD he was at the 1.3 to 1.4 Reading Level (as tested by a Brigance) and his self esteem was destroyed. We went through mediation, filed complaints and finally gave up at sent him to a private LD school. Over the next six months at Mill Springs Academy he progress 12 months in reading and his self esteem has improved dramatically. Although we have a very strong case according to the attorney; our funds are limited so we are spending them educating our son rather than pursuing legal action!
Even a simple case such as our daughter's can illustrate how public schools "dumb down" the curriculum rather than teach children the way they learn: Our daughter was in a private regular education school, with private tutoring to assist her with her learning disability in written expression. For financial reasons (see above) we considered placing her in the local public Junior High. Prior to enrolling her we had an IEP meeting. At that meeting, one intervention the school proposed was that she only learn 10 spelling words. She had been successfully learning 25 spelling words and 10 vocabulary words. The "system" did not seem to understand that just because our daughter learns differently did not mean she cannot learn as much as quickly as her peers IF she is taught the way she learns.
These are just two of the cases where the school district has failed and the private sector succeeded.
Please I know there are plenty of other stories out there.
If our representatives hear enough of these stories they may be willing to encourage the states to put in Voucher systems (Newt's favorite solution) OR put a procedural safeguard in the law to enable parents to receive reimbursement without resorting to the courts (according to our sons attorney probably $100,000 in legal and other expert fees by the time the case is settled).
Kate Small, National Organization for Apraxia and DYSPRAXIA
SUBJECT: Moved from another folder
Date: 95-08-17 21:41:22 EST
From: SusanS29
SUBJECT: Re:Moved from another folder 95-08-17 00:25:02 EDT
From: STSmall
Posted on: America Online
The reauthorization DRAFT in congress, severely weakens the "stay-put" procedural safeguards. Under this proposal a hearing officer may remove a student for up to 45 days if he/she is at substancial risk of injuring himself or others. This is scary! My Sensory Defensive first grade was, we feel, deliberately set off by our local school last year after we refused an EBD placement. He had been mainstreaming well in private school for 4yr kg and Kg.
SUBJECT: Re:Vouchers/Reimbursement
Date: 95-08-17 21:42:08 EST
From: SusanS29
STSmall, you can get your rights in this case without spending a lot of money.
File a complaint with the Office of Civil Rights. It's inexpensive and fast.
SUBJECT: IDEA IMPROVEMENT ACT OF 1995
Date: 95-08-19 18:41:47 EST
From: Mom424
I am new to AOL and have enjoyed reading the info on this board. I have just received a draft of the proposal for reauthorization of IDEA. I haven't read the entire text but have seen enough to be concerned about the future of our children with disabilities. I would like you to share your thoughts on this proposal with me and all of the other interested AOL subscribers. If you haven't read the proposal you should immediately ask for a copy from your represenative. I look forward to hearing from you.
SUBJECT: California Spec Ed
Plan Hearings
Date: 95-08-20 17:14:17 EST
From: SJohn52977
California Department of Education Special Education Division
TO: Community Advisory Committees/Parent Resource Network
California Parent and Professional Organizations
Concerned Individuals, Organizations and Agencies in California
California District Administrators of Special Education
SELPA/SEACO
California Special Education Division Staff
California Public and Private Schools
FROM: Leo D. Sandoval, State Director of Special Education
SUBJECT: INFORMATION ON PUBLIC HEARINGS ON CALIFORNIA STATE PLAN FOR SPECIAL
EDUCATION, 1997-1999 (IDEA Part B and Section 619)
DATE: July 19, 1995
The California Department of Education (CDE), Special Education Division (SED) will conduct public hearings on the 1997-1999 State Plan for educating individuals with exceptional needs in compliance with the Individuals with Disabilities Education Act (IDEA). The proposed plan is based on revisions to the previous State Plan which was conditionally approved by theU.S. Department of Education for fiscal years 1994-96. The purpose of the plan is to demonstrate compliance with federal requirements and to set forth the policies and procedures for the education of individuals with exceptional needs in California. The plan includes state level policies and procedures regarding services, procedural safeguards, program and instructor standards, personnel development, early childhood special education, least restrictive nvironment, and other areas.
Public Hearings to afford the opportunity for public review and comment on the plan are scheduled at thirteen sites during August and September 1995. (See message: CA Spec Ed Hearing Sites.) Organizations unable to attend one of the scheduled public hearings may contact Steven Johnson, (916) 445-4741, to request a different date for review of the plan. These organizations and interested individuals should submit their written comments directly to SED at the address indicated below prior to September 30, 1995. We prefer that written comments be submitted using an "Input Sheet" which can be duplicated. (For a copy of the Input Sheet, please call the Special Education Division at one of the numbers listed below.)
The complete copy of the draft plan including all proposed appendices will be available for inspection and review at various sites from July 17, 1995 through September 30, 1995. (See message CA Spec Ed Viewing Sites.)
Interpreters for the deaf, hearing impaired and Spanish speaking will be provided at each public hearing. For further information, contact Steven Johnson, (916) 445-4741, Dawn Odekirk (916) 445-4741 or Susan Westaby , (916) 327-3665, Special Education Division, California Department of Education, P.O. Box 944272, Sacramento, CA 94244-2720. The plan is available upon request in English, Spanish, large print, Braille and audio tape and on computer disk.
SUBJECT: CA Spec Ed Plan Hearing Sites
Date: 95-08-20 17:16:29 EST
From: SJohn52977
rev. 6/28/95
SCHEDULE OF PUBLIC HEARINGS ON THE CALIFORNIA STATE PLAN FOR SPECIAL EDUCATION FOR FISCAL YEARS 1997-1999 FOR ADMINISTRATION OF FEDERAL FUNDS UNDER PART B AND SECTION 619 OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA)
(See message California Spec Ed Plan Hearings for text of notice.)
August 23, 1995 from 9:30 a.m. to 12:30 p.m.: Lake Tahoe Unified School
District, 1021 Al Tahoe Blvd., Board Room, South Lake Tahoe, CA 96150
August 24, 1995 from 2:00 p.m. to 5:00 p.m.: Napa County Office of Education,
1015 Kaiser Road, Board Room, Napa, CA 94558
August 25, 1995 from 2:00 p.m. to 5:00 p.m.: California Department of
Education,
721 Capitol Mall, Room 166 A/B, Sacramento, CA 95814
August 30, 1995 from 3:30 p.m. to 6:30 p.m.: Southern Humboldt Joint Unified
School District, 344 Humboldt Ave., Auditorium, Redway, CA 95560
August 31, 1995 from 4:00 p.m. to 7:00 p.m. :Shasta County Office of
Education,
1644 Magnolia Avenue, Board Room, Redding, CA 96001
September 5, 1995 from 4:00 p.m. to 7:00 p.m.: Riverside County Education
Conference Center, 3939 13th Street, Hyatt I, Riverside, CA 92502
September 6, 1995 from 3:30 p.m. to 6:30 p.m.: Fresno County Office of
Education,
1111 Van Ness Avenue, Room 301, Fresno, CA 93721
September 7, 1995 from 2:00 p.m. to 5:00 p.m.: Kern County Office of
Education,
1300 17th Street, Conference Room 1B, Bakersfield, CA 93309
September 11, 1995 from 4:00 p.m. to 7:00 p.m.: San Mateo County Office of
Education, 101 Twin Dolphin Drive, Rooms A&B, Redwood City, CA 94065
September 12, 1995 from 9:00 a.m. to 12:00 p.m.: Santa Barbara County Office
of
Education, 4400 Cathedral Oaks Road, Board Room, Santa Barbara, CA 93160
THIS IS A NON-SMOKING FACILITY
September 13, 1995 from 11:00 a.m. to 2:00 p.m.: Pasadena Unified School
District, 351 S. Hudson Avenue, Board Room, Pasadena, CA 91109
September 13, 1995 from 3:30 p.m. to 7:00 p.m.: Los Angeles County Office of
Education, 9300 Imperial Highway, Board Room, Downey, CA 90242-2890
September 14, 1995 from 4:00 p.m. to 7:00 p.m. : Orange County Office of
Education, 200 Kalmus Drive, Board Room, Costa Mesa, CA 92628
September 15, 1995 from 3:00 p.m. to 6:00 p.m.: San Diego County Office of
Education, 6401 Linda Vista Road, Room 301, San Diego, CA 92111
THIS IS A NON-SMOKING FACILITY
SUBJECT: CA Spec Ed Plan Viewing Sites
Date: 95-08-20 17:18:49 EST
From: SJohn52977
rev. 7/14/95 (This is part one of a two part message. Please see CA Spec Ed Plan Viewing 2 for rest of sites.)
SITES WHERE THE PLAN FOR SPECIAL EDUCATION FOR FISCAL YEARS 1997-1999 FOR
ADMINISTRATION OF FEDERAL FUNDS UNDER PART B AND SECTION 619 OF THE
INDIVIDUALS
WITH DISABILITIES EDUCATION ACT (IDEA) WILL BE AVAILABLE FOR INSPECTION AND
REVIEW FROM JULY 17, 1995 THROUGH SEPTEMBER 30, 1995
Forms for interested persons to submit comments, suggestions, or recommendations regarding the plan will be available at each of the sites.
Kern County Superintendent of Schools, 1300 17th Street
Bakersfield, CA 93309 (805) 636-4802 Contact: Patty Shultz
Orange County Office of Education, 200 Kalmus Drive
Costa Mesa, CA 92627 (714) 966-4131
FAX (714) 434-0231 Contact: Marilyn Levett
San Mateo County Office of Education, 101 Twin Dolphin Drive
Redwood City, CA 94065-1064 (415) 802-5462
FAX (415) 802-5665 Contact: Donna Guinlin
MATRIX, Executive Director, 555 Northgate Drive,
San Rafael, CA 94903-0541 (415) 499-3877
FAX (415) 507-9457
Parents Helping Parents, Executive Director, 535 Race Street, Suite #140
San Jose, CA 95126 (408) 288-5010
FAX (408) 288-7943
TASK, Joan Tellefsen, Executive Director
100 West Cerritos Avenue, Anaheim, CA 92805
(714) 533-8275 FAX (714) 533-2533
California State University, Sacramento, 650 Howe Avenue, Suite #300
Sacramento, CA 95825
(916) 641-5877 FAX (916) 641-5871
California Department of Education, Special Education Division
515 "L" Street, Room #270, Sacramento, CA 95814
(916) 445-4741, FAX (916) 327-3706 Contact: Dawn Odekirk
California School for the Blind, 500 Walnut Avenue, Fremont, CA 94536 (510) 794-3800 Contact: Virginia Halloway (8A-4P)
California School for the Deaf - Fremont, 39350 Gallaudet Drive Fremont, CA 94538 (510) 794-3666 TTY (510) 794-3672 Contact: Receptionist (8A-4:30P)
California School for the Deaf - Riverside, 3044 Horace Street
Lake Tahoe Unified School District, 1021 Al Tahoe Blvd.
South Lake Tahoe, CA 96151 (916) 541-2850 : Jackie Nelson
Napa County Office of Education, 1015 Kaiser Road
Napa, CA 94558 (707) 253-6807 Contact: Kelly Tate
Southern Humboldt Joint U.S.D., 286 Spraul Creek Road
Garberville, CA 95542 (707) 923-2526 Contact: Mike Leonard
Shasta County Office of Education, 1644 Magnolia Avenue
Redding, CA 96001 (916) 225-0100 Contact: Emily Davis
Riverside County Office of Education, 3939 13th Street
Riverside, CA 92502 (909) 369-6476 Contact: Caryl Miller
Fresno County Office of Education, 1111 Van Ness Avenue
Fresno, CA 93721 (209) 265-3040 Contact: Glenda Hannig
Santa Barbara County Office of Education, 401 N. Fairview Avenue
Goleta, CA 93117 (805) 964-4711, ext. 412 Contact: Glenda Chambers
THIS IS A NON-SMOKING FACILITY
San Diego County Office of Education, 6401 Linda Vista Road
San Diego, CA 92111 (619) 292-3500
THIS IS A NON-SMOKING FACILITY
Humboldt State University, Library - Documents Department
Arcata, CA 95521 (707) 826-3419 Contact: Lincoln Killian, Docs. Librarian
Auburn-Placer County Library, 350 Nevada Street
Auburn, CA 95603 (916) 889-4113 Contact: Elaine Reed, Co. Librarian
CSU - Bakersfield, Library - Documents Section
9001 Stockdale Highway, Bakerfield, CA 93311
(805) 664-3172 Contact: Jim Segasta
SUBJECT: CA Spec Ed Plan Viewing 2
Date: 95-08-20 17:21:37 EST
From: SJohn52977
rev. 7/14/95
SITES WHERE THE PLAN FOR SPECIAL EDUCATION FOR FISCAL YEARS 1997-1999 FOR
ADMINISTRATION OF FEDERAL FUNDS UNDER PART B AND SECTION 619 OF THE
INDIVIDUALS
WITH DISABILITIES EDUCATION ACT (IDEA) WILL BE AVAILABLE FOR INSPECTION AND
REVIEW FROM JULY 17, 1995 THROUGH SEPTEMBER 30, 1995
(This is part two of the list of viewing sites for the California Spec. Ed.
State Plan. Please see CA Spec Ed Viewing Sites for part 1.)
Forms for interested persons to submit comments, suggestions, or recommendations regarding the plan will be available at each of the sites.
CSU - Chico, Library - References
Chico, CA 95929 (916) 898-6882 Contact: Bill Jones
El Centro Public Library, 539 State Street
El Centro, CA 92243 (619) 353-3500
Kings County Office of Education, 1144 Lacey Blvd.
Hanford, CA 93230 (209) 584-1441 ext. 2945 Contact: Sam Comp, SELPA
Director
Yuba County Office of Education, 938 14th Street
Marysville, CA 95901 (916) 741-6231 Contact: Barbara Natale
Merced County Library, 2100 "O" Street
Merced, CA 95340 (209) 385-7485 Contact: Phyllis McVey
Stanislaus County Free Library, 1500 "I" Street
Modesto, CA 95354 (209) 558-7814 Contact: Martin Zonligt
Monterey County Office of Education, 901 Blanco Circle
Salinas, CA 93901 (408) 755-0340 Contact: Larry Lindstrom
Tehama County Office of Education, 1135 Lincoln Street
Red Bluff, CA 96080 (916) 527-5811 Contact: Dawn Tibbs-Russell
Ventura County Library, 651 E. Main Street
Ventura, CA 93001 (805) 648-2716 Contact: Robert Barns
Library CSU - San Bernardino, 5500 University Parkway
San Bernardino, CA 92407 (909) 880-5103 Contact: John Tibblas
Documents and Maps Dept.Cal Poly State University, University Library
San Luis Obispo, CA 93407 (805) 756-1364 Contact: Cathy Matthews
Government Publications, University Library, University of California
Santa Cruz, CA 95064 (408) 459-2347 Contact: Joanne Nelson
Sonoma County Library, 3rd and "E" Streets
Santa Rosa, CA 95404 (707) 545-0831 Contact: Jody Orlick
Tuolumne Co. Office of Education, 175 S. Fairview Lane
Sonora, CA 95370 (209) 533-8710 Contact: Dwaine McDonald
University of the Pacific, Library - Reference Department
3601 Pacific Avenue, Stockton, CA 95211
(209) 946-2087 Contact: Rachel Fenske
Mendocino County Library, 105 North Main Street
Ukiah, CA 95482 (707) 463-4491
Siskiyou Co. Office of Education
MAILING ADDRESS: 609 S. Gold Street, Yreka, CA 96097
(916) 842-8405 Contact: Tom Scovill, SELPA Director
PHYSICAL LOCATION: 426 Evergreen, Yreka, CA 96097
SUBJECT: CA Spec ED Plan Help
needed
Date: 95-08-20 17:28:20 EST
From: SJohn52977
There are a series of messages posted on this board regarding the public hearings and viewing opportunities for the proposed California State Plan for Special Education for 1996-1999. Please share this information with individuals and organizations interested in the education of individuals with disabilities in California. The California Department of Education's Special Education Division wishes to have the widest possible spread of this information and to encourage all who wish to review and make comment on the proposed plan.
If you do publicize this information, please send copies of any notices, newsletter articles, or correspondence to:
Steven Johnson, (916) 445-4741, Dawn Odekirk (916) 445-4741 or Susan Westaby , (916) 327-3665, Special Education Division, California Department of Education, P.O. Box 944272, Sacramento, CA 94244-2720 for our records.
Please remember that the plan is available upon request in English, Spanish, large print, Braille and audio tape and on computer disk for review and comment.
Thank you for your assistance.
SUBJECT: Re:CA Spec ED Plan Help needed
Date: 95-08-22 17:30:03 EST
From: Socadream
As a CAC member here in so. ca., Thankyou, Thankyou!!! for posting this info. As a CAC member we are SUPPOSED to be given this info from our selpa director, however IF we do get it from her, it is usually about 1-3 days before the event. Most of the time we get it thru our "network" of parents. This practice of non-information or delay is standard and the reason why parents are frustrated and mistrustful.
Please keep posting the info.- Socadream
SUBJECT: IDEA/Hse Draft/Para-pros
Date: 95-08-23 00:48:28 EST
From: STSmall
An area of the House Draft that greatly concerns me is the Section on Personal Standards. Section 112; (15) (c) EXCEPTIONS "(i) and "(ii) permits the state/LEA to use PARAPROFFESSIONALS - "who are appropriately trained and supervised in meeting the requirements of this part may be used in the provision of special education and related services to children with disabilities under this part."
As the parent of an Apraxic child who recieved therapy for 2 and a half years from ASHA certified SLPs before being diagnosed, I do not feel that using para-pros to provide speech services is a good idea. Additionally, for apraxic/dyspraxic children "normal speech therapy does not normally work". Nor we have discovered does regular O.T.. I know that given an out many school systems will take the out.
In 1994, we filed a complaint with the OCR (Office of Civil Rights) part of which was about the use of in-appropriately trained SLPs and OTs with our son. OCR responed that as long as they met the state requirements the School System was not at fault. This is despite reams of documentation and 2 years of our son not having ment ANY speech or OT goals.
SUBJECT: Special Education
Task Force NHA
Date: 95-08-24 08:11:52 EST
From: NHLDA
At the January 25, 1995 meeting of the NH Board of Education announced the formation of a special education task force. The task force has five committeescomprised of one state board member and appointed special education administrators, parents, teachers (NEA, AFT) attorneys, citizens, the Taxpayers Association, the Small Business Association, Parent Information center, Disabilities Rights center and others. The committees will review the following issues:
Identification and coding
Due Processs and Dispute
Resolution
Certifification and Special Education personnel
Integrarted liabilities and responsibilities (Federal and State mandates to school districts) SPEDIS, and court ordered placements.
Costs in assessments (risk analysis benefits)
The purpose of the task force is to propose legislative and regulatory changes which will result in financial savings and a more effective special education system. A final draft report is due June 30, 1995. If you would like a list of committee members, call the NHLDA office at 800-794-9700.
**** The following is an excerpty from the NHLDA Spring Newsletter,
Upon contacting Governor Merrill's office I was told the draft is in review and will be discussed in a public forum sometime in October.
Anyone wishing to contact the Governor's office can do so by writing
Governor Steve Merrill
New Hampshire Statehouse
Concord NH 03301
SUBJECT: Re:Special Education Task Force
Date: 95-08-26 22:01:47 EST
From: NSteven262
Parents of all children with disabilities in NH should be alerted that the NH Board of Education is considering non-participation in IDEA, the law which protects and educates children with disabilities. Even though IDEA may be reauthorized in Washington, NH can still chose not to participate because NH is not a state which likes mandates and no money. If you are concerned about your disabled child's education, then write to Governor Merrill and to Ovide LaMontagne (Chairman of NH BOE) and tell them that you need IDEA in NH.
SUBJECT:
Re: Special Education Task Force
Date: 95-08-27 20:52:19 EST
From: NHLDA
You can contact them at :
N.H. Department of Education
101 Pleasant St.
Concord NH 03301-3860
att: Ovide Lamontagne
(603-271-3743)
SUBJECT: Re:Special Education Task Force
Date: 95-08-30 14:17:29 EST
From: BobP142665
I didn't think legally a state could just "pull out" of IDEA as the legislation standes. (Who knows what will the legislation will look like after reauthorization.) All states are subject to federal legislation and IDEA is federal legislation. What NH is proposing I believe is illegal.
SUBJECT:
Re: Special Education Task Force
Date: 95-08-30 21:04:46 EST
From: NHLDA
I think the officials would tell you that they agree with the federal mandate IDEA but do not want to accept the money due to the process involved in getting it. NH has a reputation of being the most frugal State in the Country and it shows in our public education system. The same rational is taken in not accepting Goals 2000 in NH. This parent is very concerned and wants to get the word out to as many special education parents as possible. We need to let the governor and State Board of Education know our feelings. Many parents are not even aware that this is going on. Any suggestions would be welcome.
SUBJECT: Re:Special Education
Task Force
Date: 95-08-31 15:59:36 EST
From: ALauritzen
Are you in contact with the Parent Information and training center in Concord and the Parent to Parent groups(4). They are the best ways to get the word out. Tell a Mom!
Parent Information Center 1-800-232-0986. Anne
SUBJECT: Re:Special Education
Task Force
Date: 95-08-31 19:42:12 EST
From: OmAtty
Actually, a state can take or leave federal funding for special education. If they take the money, they are subject to IDEA. If not, they do not have to comply with IDEA.
SUBJECT: Re:IDEA IMPROVEMENT ACT OF 1995
Date: 95-08-31 23:17:42 EST
From: DYSPRAXIA
We are very concerned about the apparent weakening of the qualifications for persons working with our children. States will be permitted to have "paraprofessionals who are appropriately trained and supervised in meeting the requirements of this part..." can provide therapy to Special Ed. students. Many SLPs, even ASHA certified ones are not appropriately trained to work with all speech disorders. Finding certified therapists trained to work with Apraxic/dyspraxic children in the school systems is hard enough to do now.
Okay-what is the new legislation 'titled' and how can we help?
SUBJECT:
Re: Moved from another folder
Date: 95-09-03 21:52:50 EST
From: ALauritzen
Everyone needs to be contacting their Representatives and asking for copies of the proposed revisions in IDEA. The House version is IDEA Improvement Act of 1995. Tell them that you want all of it. Also contact the National Parent Network on Disabilities 1-703-684-6763 to get on their mailing list for FYI.
You need to ask about joining FAN-Family Act Network to save IDEA. Stay
tuned to this subject area for upcoming information. Congress goes back into
action Tuesday. The Fall will prove to be very interesting with both IDEA and
Welfare Reform at the starting gates. Of course, if the House Republicans
have their way the IDEA with go into the recounciliation Bill along with
everything else. Talk about a salad bowl. WOW! If you have disability
advocacy groups in your area i.e. ARC, UCP, LDA, Autism- they should all be
receiving regular updates from their Washington advocates. Call and get on
their lists. NETWORK is the name of the game. Anne
SUBJECT: Re:Moved from
another folder
Date: 95-09-04 16:22:18 EST
From: Dls3
In addition to NPND FAN alerts, I rely alot on the publication WASHINGTON WATCH, which is put out by UCPA.
They can be reached at 1660 L Street, N.W., Suite 700
Washington, D.C. 20036
1-800-USA-5UCP or E-mail: Washwatch@aol.com
Very timely and on track.
Hope everyone is buckled in tight-It's going to be a bumpy fall.
SUBJECT:
Re: Moved from another folder
Date: 95-09-04 19:41:45 EST
From: ALauritzen
Washington Watch costs $25.00, it is worth it, but hopefully some of us that
get ALL that information will share it on this board and keep the information
flowing. The last WW was about the horrors of the House Appropriations bill
and the fact that the Welfare Reform has only just begun. Remember they are
trying to discuss intelligently a topic that they don't seem to understand
-SSI for children. They don't know how a family qualifies. We need to tell them. All of this impacts all other areas for persons with disabilities. Call often. Anne
SUBJECT: Re:Moved from another folder
Date: 95-09-04 19:46:49 EST
From: ALauritzen
SUBJECT: Re:BLOCK GRANTS
Date: 95-09-04 01:07:35 EDT
From: BnT WAGNER
The current attacks in Congress (resuming with the end of recess) on the health care & education programs/services that benefit individuals with disabilities will sneak in the back door of our lives under a veil called "Block Grants to the States" if people, advocates and families don't speak out soon!!! The numbers are not calling, writing and visiting as they have in the past. Have too many forgotten, or not lived in the days prior to 504 and IDEA (EHA)? TOLL FREE TO THE CAPITOL 1-800-972-3524 or 962-3524!!!! Come on folks, if we don't ALL let them know we WON'T roll back, they will force us back. Why do we have Federal laws in place, anyway? It is because the states couldn't do it right alone, without being told how, why and when. Tell YOUR story to them. Let them know that without services and protections, our children won't be educated, won't receive medical care and won't have the opportunity to become productive, happy,TAX-PAYING citizens. Call now!!! Stay on line, the debates this fall will be something to monitor. Every call counts!!
SUBJECT: Calif Fall Conference
Date: 95-09-04 23:34:04 EST
From: SJohn52977
Here is important information about the sessions at the 10th Annual Special Education Fall Conference presented by the California Department of Education. This year's theme is "Making Connections: Reaching the Stars."
This popular Conference, especially designed for those involved in Special Education, is October 11, 12, and 13, 1995, at the Red Lion Hotel in Sacramento, California. For a more information and a Registration Brochure, call Darlene at (916) 445-4595, or FAX your inquiry to (916) 327-3516. Complete travel and hotel information is available from Barbara at (916) 445-4589. The Red Lion Hotel has reserved a limited number of rooms at the special rate of $75; mention this conference if you call the hotel directly at (916)
929-8855.
Pre-registration assures you a space for all functions, but you can register at the door if necessary. Registrations are available for 1, 2, or all 3 days of the conference. Registration materials will be available at the hotel beginning at 6:00 pm on Tuesday, October 10.
---------------------------WEDNESDAY, OCTOBER 11:
Registration begins again at 7:30 am on Wednesday, October 11. An all-day "Exhibitor Fair" on Wednesday will highlight the latest in educational materials designed for special education needs. The first selection of concurrent workshops begins at 10:00 am, and includes topics such as:
* "Effective Inclusive Education for Students with Attention
Deficit-Hyperactivity Disorder"
* "Heart to Heart: Adventure Education As a Tool for Inclusion"
* "Least Restrictive Environment: Laws, Regulations, Policies and
Positions"
* "Measuring Results: Collecting Follow-Up Data on Former Student"
* "Nuts and Bolts of Interagency Collaboration, Special
* "Student Forum: Interaction with the Advisory Commission on Special Education (ACSE)"
* "What's New in Serving Student Sensory Impairments?"
Keynote Speakers for the Wednesday General Session Luncheon include:
* Delaine Eastin, State Superintendent of Public Instruction,
California Department of Education.
* Ruth McKenna, Chief Deputy Superintendent for Instructional Services, California Department of Education.
* Dr. Dhyan Lal, Deputy Superintendent for Specialized Programs, California Department of Education.
* Leo Sandoval, Assistant Superintendent and Director, Special Education Division, California Department of Education.
Afternoon Workshops begin at 2:30 pm:
* "A Conversation with State Superintendent and Executive Officers"
* "African American Students: Why Are Schools Failing Them?"
* "Assessments for Results Oriented Teaching"
* "Autism: Answers to Most Recently Asked Questions"
* "Community Advisory Committee (CAC) Connection"
* "Compliance: How to Achieve and Stay in Compliance"
* "Education For Cultural Inclusions: Beyond Multicultural
Education"
* "Optimum Learning Environment (OLE) for Students with Low
Incidence Disabilities"
* "Parent Forum: Interaction with the Advisory Commission on Special Education (ACSE)"
* "Section 504 Rehabilitations Act: ADA in Elementary and Secondary
Settings"
* "Service Delivery System Input"
* "Supporting Professionals-At-Risk: Preventing Burnout of Special
Educators"
* "Technology Today"
* "Work Experience for Students with Serious Emotional Disturbance
(SED): Issues/Strategies"
A selection of 45-minute "Mini-sessions" begin at 4:15 pm:
* "Administrative Roles in the Change Process: Where is Education Headed?"
* "Hot Topics at the Middle School Level"
* "Occupational Therapy and Physical Therapy Issues"
* "School-to-Career Update"
A networking reception, complete with a variety of foods, rounds out the first day of activities from 5:30 - 7:30 pm.
-----For the sessions on Thursday and Friday...see the Message: Calif. Fall
Conf # 2
SUBJECT: Calif Fall Conf #2
Date: 95-09-04 23:39:58 EST
From: SJohn52977
Here is important information about the sessions at the 10th Annual Special Education Fall Conference presented by the California Department of Education. This year's theme is "Making Connections: Reaching the Stars."
This popular Conference, especially designed for those involved in Special Education, is October 11, 12, and 13, 1995, at the Red Lion Hotel in Sacramento, California. For a more information and a Registration Brochure, call Darlene at (916) 445-4595, or FAX your inquiry to (916) 327-3516. Complete travel and hotel information is available from Barbara at (916) 445-4589. The Red Lion Hotel has reserved a limited number of rooms at the special rate of $75; mention this conference if you call the hotel directly at (916)
929-8855.
Pre-registration assures you a space for all functions, but you can register at the door if necessary. Registrations are available for 1, 2, or all 3 days of the conference. Registration materials will be available at the hotel beginning at 6:00 pm on Tuesday, October 10.
Here's the Information for Thursday (10/11)
--------THURSDAY, OCTOBER 11:
Registration begins again at 7:00 am on Thursday. A Breakfast General Session begins at 8:30 am, featuring Dr. Carlos Cortes, Professor of History at the University of California, Riverside.
Workshop Topics beginning at 10:30 am include:
* "A Conversation with Carlos Cortes"
* "All You Wanted to Know About the California Youth Authority (CYA)"
* "Federal Monitoring-What Happens at the Local Level?"
* "High-Stakes Assessment"
* "How to Involve Special Education in School-Based Site Plans"
* "Legal Issues in Reauthorization of IDEA"
* "Parents as Partners in Policy and Programs"
* "Restructuring: Research, Development and Demonstration (New
Directions) Programs that Work"
* "Supporting Inclusive Education: Role of the Special Education
Administrator"
Thursday's Keynote Luncheon speaker is Dr. Orlando Taylor, Interim Vice-President for Academic Affairs, at Howard University.
Afternoon Workshop Session topics beginning at 2:30 pm:
* "A Conversation with Orlando Taylor"
* "Students as Resources: Service-Learning for and by Students with
Disabilities"
* "Professional Development for Teachers of African American Students"
* "Paperwork Reduction in Special Education"
* "What Our Graduates Have to Say"
* "Serving and Transitioning Students From Juvenile Court/Community Schools"
* "Individual Education Program (IEP) Development for Limited English
Proficient Students"
* "Special Education Funding-What's New or Proposed"
* "Special Education Programs: Current Status of Reauthorization of IDEA"
* "Public Input Session"
* "Update Nonpublic Schools and Agencies"
* "Building a Schoolwide Learning Community"
A selection of 45-minute "Mini-sessions" begin at 4:15 pm: A theme party completes Thursday's activities with fun, food, and networking opportunities. The festivities begin at 5:30 pm.
For the sessions on Friday, Oct. 12, please see the message: Calif Fall Conf #3.
SUBJECT: Calif Fall Conf #3
Date: 95-09-04 23:40:25 EST
From: SJohn52977
Here is important information about the sessions at the 10th Annual Special Education Fall Conference presented by the California Department of Education. This year's theme is "Making Connections: Reaching the Stars."
This popular Conference, especially designed for those involved in Special Education, is October 11, 12, and 13, 1995, at the Red Lion Hotel in Sacramento, California. For a more information and a Registration Brochure, call Darlene at (916) 445-4595, or FAX your inquiry to (916) 327-3516. Complete travel and hotel information is available from Barbara at (916) 445-4589. The Red Lion Hotel has reserved a limited number of rooms at the special rate of $75; mention this conference if you call the hotel directly at (916)
929-8855.
Pre-registration assures you a space for all functions, but you can register at the door if necessary. Registrations are available for 1, 2, or all 3 days of the conference. Registration materials will be available at the hotel beginning at 6:00 pm on Tuesday, October 10.
Here's the Information for Friday (10/12)
Friday, October 13 is the final day of the Special Education Fall
Conference. Breakfast General Session featured speaker is Dr.
Antonia Darder, Associate Professor of Education, Center for
Educational Studies, Claremont Graduate School.
Morning Workshop Session begin at 9:45 am:
* "A Conversation with Antonia Darder"
* "Attorney to Attorney: How to Approach Settlement"
* "Everything You Need to Know About Low Incidence Funding and
Resources"
* "Hanging with the Homies"
* "High Tech-High Touch: Computer-Assisted IEP/Management Information System (MIS)"
* "Idea Reauthorization: The Issues, The Players, The Prognosis"
* "Instructional Strategies for the Heterogeneous Classroom"
* "Respect, Responsibility, and Resiliency in Rejuvenating Student Study Teams (SST)"
* "Student Outcomes and Accountability: Where Do We Go From Here?"
* "Supporting Students with Severe Disabilities: Who, What, How?"
Additional Morning Workshop Sessions begin at 11:00 am:
* "A New Special Education Credential Structure for California"
* "ADHD: A High Impact-Low Budget General Education Collaborative
Program"
* "Alternative Dispute Resolution (ADR): A Case in "Dispute System
Design"
* "California State Plan for Special Education: Process and Status"
* "Conflict Resolution-Achieving Unity of Purpose"
* "How to Assure Compliance"
* "Improving Programs for Students With Low Incidence Disabilities
Through Regionalization"
* "Support for Parent Involvement: California Department of
Education's Cross-Branch Approach"
* "The New Funding Model for Special Education"
Friday noon - Conference Adjourns
* * *
SUBJECT: Newt's Task Force
Date: 95-09-08 20:41:48 EST
From: DYSPRAXIA
Suggestions for the improvement of Special Education given to Newt Gingrich's
6th District Disabilities Task Force on 9/7/95
1. Equal implementation of IDEA across the United States.
2. Remove the enforcement of IDEA and the complaint investigation of IDEA violations from the State Department of Education to the Office of Civil Rights. Have real penalties for violations not the mere tut-tuting we have now.
3. Reward states/LEA for recruiting Masters of Learning Disability/Reading Specialists teachers in the Regular Education classroom, with particular emphasis on the primary grades.
4. Encourage/reward states for going to a merit raise system for teachers/administrators and do away with tenure as the major opponent of these concepts are the National educators unions this is a national issue.
5. Halt the erosion of medical benefits by self insured firms; self insured firms are federally regulated. Health insurance firms should be required to provide coverage to ameliorate the effects of physical disabilities. Currently, children are being denied coverage for ADD, OT, PT and Speech.
6. Appropriate Education requires appropriate evaluations, school systems often utilize convenient resources to evaluate students rather than appropriately trained resources: utilizing regional medical centers/Universities to do evaluations will result in parents being more confident of the results and children properly evaluated. Having a third party involved in the resultant IEP process should result in more effective IEPs.
7. Establish a waiver procedure where with mutual agreement parents and LEAs can waive requirements such as transportation to utilize private resources.
For Example: VOUCHERS
8. Remove ESL (English as a Second Language) Funding from the Special Education Block Grant!!!
Kate Email: strachan@mindspring.com
Other presenters explained in detail the necessity of maintaining the STAY
PUT provisions in the current IDEA
Also of Major concern were the removal of procedural safeguards, we need the complaint procedures and the ability to gamble they can recoup some of their legal costs.
The Hearing Officer most frequently hired the Ga. State Dept. of Ed. has not found for a disabled child in the past 6 years.
Cobb School system and Ga. Ed. Dept. Spokespersons made it very clear that they considered Special Ed. Students dangerous in the classroom and the reduction of professional standards for persons working with special ed. students was necessary and wouldn't necessarily be harmful to our children.
SUBJECT: Alert!
Date: 95-09-11 23:28:52 EST
From: BryanB10
I recieved the following e-mail from a freind w/o an AOL account. I'm not a parent myself and I hope that this is the proper place for this info. If not, please forward it.
Bryan Baker
*******************
>Hi, Bryan.
>I was wondering if you new of some internet sites >on AOL that this couyld be posted.
>I would appreciate it.
*****************************************
NATIONAL EDUCATION CALL-IN DAY: SEPTEMBER 14, 1995
Save Education Funding by calling your U.S. Congress person @
1-202-225-3121
The U.S. House of Representatives has cut out over $4 billion this year in federal support for our nation's education system. The U.S. Senate is acting on this in mid September.
Every community will be affected and millions of America's children, youth, and adults will feel the loss of federal aid for education.
The proposed cuts in education funding are much higher than those in other federal programs-education faces a huge 17% cut while most other federal programs are merely looking at a 4% cut. Out children deserve better!
Many critical areas are targeted for cuts including school safety and drug prevention, teacher development, reading and math advancement and student aid.
Join the nationwide grass roots effort to turn these devastating cuts around.
Please set aside just 3 minutes of your time on Thursday, September 14 to call your U.S. House member and both your U.S. Senators at 202-225-3121 or 202-224-3121. Ask to speak to your member of Congress.
In your calls to your member of Congress, urge that they:
"Oppose the cuts in education funding. The cut's will hurt my community. Congress must make funding a top priority."
Make sure to leave your name and address and ask for a written response indication how your member of Congress plans to vote on this issue.
National Association of State Directors of Special Education, Inc.
This Bill was was scheduled to appear after July 13, 1995 and is now about to be voted on.
1. Following up on yesterday's message, special education took quite a hit in
the Labor/HHS/Education Appropriations Subcommittee. The discretionary
dollars (Parts C-G) were cut by 68%
Six discretionary line items were retained, totaling $78 million. Those six were frozen at FY 1995 level. The remaining programs were zeroed out.
Programs retained:
1. Deaf-blindness
2. Serious Emotional Disturbance
3. Severe Disabilities
4. Secondary & Transitional Services
5. Postsecondary Education
6. Media/Captioning Services
Programs Zeroed out:
1. Early Childhood Education
2. Innovation and Development
3. Technology Applications
4. Special Studies
5. Personnel Development
6. Parent Training
7. Clearinghouses
8. Regional Resource Centers
SUBJECT: Moved from another folder
Date: 95-09-12 22:40:56 EST
From: SusanS29
SUBJECT: Re:Alert Istook 95-09-12 22:10:26 EDT
From: NSteven262
Posted on: America Online
The Istook is part of a grand movement to silence non-profits, yet for-profits who accept federal money will not have the same restrictions. For many of us, all of the new ifnformation is confusing. When we contact our senators, what is the message we need to give?
SUBJECT: Justice For All
Date: 95-09-15 21:35:31 EST
From: Mom424
Justice For All is providing individuals with postcards to send to Washington. The front of the postcard has a flag and the words IDEA America Wins. If you are interested in obtaining some of these cards, please mail me your name and address.
MOM 424
SUBJECT: State-Funded Special Ed Programs
Date: 95-09-16 21:46:16 EST
From: Tutty401
I'm looking for further information about those states that funded special education programs without federal proposals. Which States have done this? Which local legislative actions made possible the allocation of funds for these programs without the need of federal funding?
SUBJECT: VR
Action Alert
Date: 95-09-18 11:12:37 EST
From: ALauritzen
SUBJECT: Bartels: House to Act on VR Tuesday, September 19, 1995
House to act on Vocational Rehabilitation on Tuesday.
The future of federal-state programs to help people with disabilities get
jobs is at risk. Developments are moving RAPIDLY as H.R. 1617 moves closer
to Tuesday-its scheduled day to hit the House Floor
-- with the House Committee continuing to seek back-room negotiations and deals that will ensure the EASY PASSAGE of H.R. 1617.
Advocates must continually contact Members of the House now through all-day Tuesday and urge support for efforts to remove vocational rehabilitation from H.R. 1617.
Advocates must not, and cannot, rest!
There is no time for delay!
Inaction now could be disastrous for the public vocational rehabilitation program!
Urgent!
Elmer Bartels, CSAVR
SUBJECT: Re:NewtGingrich townhall today
Date: 95-09-23 15:04:53 EST
From: SPECEDPAR
At Newt Gingrich's town hall meeting today...Newt brought up what the school boards are saying about IDEA. He said that they are talking about the Due Process.... I gave him HELL..I said, yes, we filed due process but didn't want too, I said that most families can not afford due process cause they are spending all their money on their child with a disability. I said that this law is civil rights and will eliminate parents and students rights... but he didn't hear that... he is only hearing what the school boards are telling him.
I have been trying to get a meeting with Newt for myself and other parents in the district.. but Newt doesn't want to hear us. It was clear today that Newt is not hearing the parent's concern on the reauthorization and the chair of the task force on severe disabilities doesn't understand what is going on. The report on what the (hah, hah) task-force sent Hans Meder is out call (404) 565-6398 for your copy... The report was put together by an individual not in the 6th Dist or even on the 6th Dist Task force. Newt today talked on the voucher... It is real clear that the House will roll the IDEA in with the ed. reform... vouchers. Oh, by the way, Newt Gingrich's office said that they feel that this IDEA concern is just 6th Dist issue??????
My husband, myself and three children, stood in the rain today holding signs..KEEP CURRENT IDEA, KEEP PARENT AND STUDENT RIGHTS, ETC.. Newt Gingrich did see us and we yelled.. parents are not going away, until you listen! The Concerned parents of the 6th Dist of Ga. have given out over 1000 flyers to strangers, parents with children in school, etc..It is a informational flyer asking individuals to call, fax or write only 4 legislators in Washington...
If your interested in seeing the flyer call (404) 993-4999 or fax
(404)640-0616
If the Congress wins their way of the reauthorization to IDEA, it will set
the education back past 20 years... Widget
SUBJECT: Re:NewtGingrich townhall
today
Date: 95-09-24 05:28:17 EST
From: NSteven262
Please tell Mr. Newt that the Concerned parents of NH are working on IDEA. In NH, there is a Spec Ed Task Force that has better representation from the Christian Coalition and the Tax payers on it and school administrators but mighty few parents. Tell the folks in your area that the next move by Mr. Gingrich is to get the state to decide if they want to participate in IDEA. That's what's happening in NH! Our ha ha task force is lethal. Parents here are circulating cards and getting signatures so that the BOE can't say that they didn't hear from parents. We are counting the signatures and asking that they be entered into the public record. Due process is quite an issue here too because school districts drive the costs up by the attorney they chose. Parents need to get it together and contact their LDA or CHADD or regional agency and organize. If that's not possible, start their own parent group!
Nancy in NH
SUBJECT: IDEA reauthorization
Date: 95-09-25 16:08:20 EST
From: SPECEDPAR
Newt Gingrich said, He wants to fully fund the IDEA... What he is going to do is take away from another program.Because the Congress is balancing the budget, why after 20 years would they give the 40%? There is NO free lunch!
SUBJECT: Re:IDEA reauthorization
Date: 95-09-27 08:16:13 EST
From: SPECEDPAR
If the Christian Coalition is claiming to have voted the new Congress in,
well, they should be willing to help with our IDEA issue. In their Contract
with American Family. They have a section on protecting parent and children
rights... If your a parent or advocate you need to write, fax or call them-
to let them know that the reauthorization of IDEA will remove parent and
children's rights. If you need more detail on the reauthorization of IDEA
please fax me (770) 640-0616. If this organization is Christian, they need
to know that the Christian family will be effected if this law is passed-
this federal mandate is Good. The Christian Coalition wants to do away with
All federal mandates. CHRISTIAN COALITION 227 MASSACHUSETTS AVE NE SUITE 101
WASHINGTON DC 20002 (202) 547-3600 fax (202) 543-2978
SUBJECT: TECHNOLOGY/IDEA
Date: 95-09-30 19:28:08 EST
From: JdCAdC
I am a special ed teacher working with children with physical handicaps. My students rely on technology in order to succeed in school. Does anybody know what the status of the Technology Assistance portion of the IDEA is? (I think it's Part F) I have heard there have been guidelines passed down recently but I can't find anything. Please Help!
SUBJECT: Re:IDEA
reauthorization
Date: 95-09-30 22:25:19 EST
From: DYSPRAXIA
As a conservative sometime libertarian sometime republican, I have only one question Is Education a Civil Right? Our Courts have interpreted it as such; therefore, as Civil Right it is a Civil Right for All children not just for the "normal" children. IDEA is not a mandate it is a road map for delivering services to special needs children.
SUBJECT: 3rd party billing
Date: 95-10-06 16:56:52 EST
From: Boulevard
I just attended a teleseminar where it was suggested that "on the Hill" the talk is that we won't be doing 3rd party billing (Medicaid) much longer - it's not going to exist for the children we are now serving...what's up?
-Nancy, school speech path. (I hate the paperwork, and have conflicting feelings about billing anybody for what I provide in a public school setting, but I sense that children are going to suffer, and I'm worried).
SUBJECT: New
Congressional IDEA Draft?
Date: 95-10-07 02:33:42 EST
From: DYSPRAXIA
Has anyone heard when we can expect to see the "new" house draft of IDEA?
SUBJECT: Re:New Congressional IDEA Draft?
Date: 95-10-08 12:42:50 EST
From: ALauritzen
Contact the National Parent Network on Disabilities for an updated version.
1-703-684-6763.
SUBJECT: Re:New Congressional IDEA Draft?
Date: 95-10-12 11:12:04 EST
From: LDA JWM
As of Oct. 11, the new House draft of the IDEA has been postponed until next week. Some of the Senate draft language is being reviewed by the Legislative Council, but there is no date for publication of the Senate draft.
Passage of the Reauthorization of IDEA is not likely this year.
SUBJECT:
MEDICAID ALERT
Date: 95-10-17 20:20:35 EST
From: ALauritzen
NPND ACTION ALERT! HERE WE GO AGAIN! THIS IS NOT A DRILL!!! IMMEDIATE ACTION REQUIRED!!!!!!!!
The Senate removes people with Disabilities from MEDICAID!
On Friday of last week, the Senate Leadership, in a behind closed doors meeting, removed a Senator Chafee amendment that insured individuals with disabilities would continue to receive coverage from Medicaid. Even though the Senate Finance Committee voted 17-3 to accept this provision, and then voted 11-9 to pass the bill out of committee. Senate Republicans decided informally to delete that provision from the bill. (They changed their mind; that's not what they meant? -----Paleeze!)
This action is a complete undermining of the legislative process and reflects a callousness towards people with disabilities here-to-fore unknown in American politics. This reaction has been brought on by complaints coming from Republican Governors. (They don't want anymore ENTITLEMENTS) The House version of this bill has also had no provision form services to people with disabilities. The House Bill goes to the floor this coming Thursday. In the Senate, the bill will be rolled into the larger budget reconciliation bill that will be on the floor next week.
ENOUGH IS ENOUGH. WE MUST NOW LET OUR SENATORS, MEMBERS OF THE HOUSE AND OUR
GOVERNORS KNOW THAT WE WILL NOT TOLERATE THIS UTTER DISREGARD FOR THE HEALTH
OF PEOPLE WITH DISABILTIES -NO MORE!!!!
Action Steps: (1) Get the word out to everyone in your state that is now receiving Medicaid benefits.
(2) The fight in the House is on the floor. We must inundate(flood) the House with phone calls. Visits to District Offices must commence at once! All Washington, D.C. offices can be contacted by dialing 202-224-3121. (3) In the Senate, the fight must be won in the Finance Committee. All members of the Senate call be reached at 202-224-3121. Additionally, visits must be made to the District Offices of the members of the Finance Committee.
(4) All Republican Governors must be called and visited. We must communicate to them that we will hurt them if they hurt children and adults with disabilities. (The media and ballot box are very important to them) The pressure on the governors must be constant and intense!!!
Our message is: Support or adopt Senator Chafee's amendment. Without it, people with disabilities will go without needed medical care. Without it people with disabilities will die! Ask them to tell you exactly what their position on this is. Ask them to get back to you after they vote.
FOR THE NEXT WEEK, FIGHT AS IF THIS WERE A LIFE OR DEATH ISSUE BECAUSE IT IS.
Rockefeller, WV; Breaux,LA; Conrad, ND; Graham, FL; Moseley-Braun, IL. (Some have E-mail addresses - Check the Congressional Gopher)
If possible, get a copy of the Saturday, October 14 Washington Post - GOP Drops Medicaid for Disabled - page A4. Read the disturbing details. For more information call NPND - 1-703-684-6763. Anne.
SUBJECT: Update on Medicaid alert
Date: 95-10-19 09:27:59 EST
From: ALauritzen
The compromise is that states will be given the option to determine their own definition of who is disabled. So there will most likely be at least 50 different definitions of a person with disabilities. It is still very disturbing.
SUBJECT: More on Medicaid and the Budget
Date: 95-10-20 15:29:06 EST
From: ALauritzen
If you have a chance watch the reruns of the Budget (Senate) hearings this weekend and watch the Senate floor scolding by Senators Boxer, Murray, and Conrad. Roth gaveled the Budget hearing closed, not voting to hear citizens that had come to testify about the impact on the Budget cuts on their lives. This included a young man that is vent dependent to live who will not continue to get his oxygen supply if the Medicaid cuts go thru in the Budget cuts. There were 2 others to testify and Roth refused to even let the committee vote whether to hear them or not. It was very disturbing he hear this. I guess the committee has the weekend to review this Budget (Reconciliation) bill before they vote on Monday. Call your senators and tell them how outraged you are to hear that the legislative process of congress is falling apart. What happen to citizens being heard?
SUBJECT: IDEA
Date: 95-10-31 22:18:01 EST
From: NYCEI
Does anyone know where I can get a copy of the new draft of IDEA. Does anyone know how the changes will effect the Early intervention part of IDEA.
SUBJECT:
Re: IDEA
Date: 95-10-31 23:22:19 EST
From: IlsaS
I just called my Congressman's office in D.C. I was told that the House draft version might be done this week and they would send me a copy. The Senate version is NOT completed yet.
Jus call your local U.S. Congressman. They will get you a copy!
Good luck.
SUBJECT: Budget Info
Date: 95-11-01 11:53:13 EST
From: ALauritzen
95-10-31
Justice For All Update and Outlook (not forecast)
"The Senate improved the budget-balancing bill before passing it, but the improvements, which moderate Republicans had made the price of their support, were mainly on the margin. The bill itself is still deeply flawed." (Wash.Post, Editorial page, October 30th) It is a delight to be in total agreement with the Washington Post editorial writers, an event that is often rare. The editorial goes on to say that most of the changes to a fundamentally bad bill are some essentially cosmetic changes, that should be whole-heartedly rejected by the Democrats and the President.While the majority of attention has been on Medicare, the more serious cuts would occur in Medicaid, welfare, the earned income tax credit, housing assistance and other worthy programs.
The Republicans propose to hand over lump sums of cash to the states in their so-called block grants. The grants would be hardly enough to ensure that all people with and without disabilities eligible for Medicaid services get served adequately and appropriately. The Republican budget promises to pull the rug out beneath many people with disablities through the gutting of the above programs. This is both immoral and unjust and should not be allowed to occur.
Our messages of how immoral and unjust these bills are should be directed to Congress and the President.
Congress and the conferees should be remined to retain the Chafee-Conrad amendment to guarantee eligibility to people with disabilities in Medicaid, and to reject the block granting of these critical and vital health care program. They should also hear that the proposed cuts to Medicare are too severe, and people with disabilities eligible for Medicare should not be railroaded into HMO's or any other service provider not of their choice.
House Named Conferees on Reconciliation Legislation
General Conferees:
Republicans Democrats
John Kasich, OH. Martin Sabo, MN
Dick Armey, TX Whip Bonior, TX
Robert Walker, PA Charles Stenholm, TX
Medicare Conferees:
Republicans Democrats
Nancy Johnson, CT Henry Waxman, CA
Jim McCrery, LA Frank Pallone, NJ
Michael Bilirakis, FL Benjamin Cardin, MD
Dennis Hastert, Ill. Sam Gibbons, FL
James Greenwood, PA John Dingell, MI
Bill Archer, TX Pete Stark, CA
Bill Thomas, CA
Tom Bliley, VA
Medicaid Conferees:
Republicans Democrats
Joe Barton, TX Ron Wyden, OR
Bill Paxon, NY John Dingell, MI
Ralph Hall(D), TX Henry Waxman, CA
Billy Tauzin, LA Frank Pallone, NJ
Mike Bilirakis, FL
Tom Bliley, VA
The Senate has not yet confirmed who there conferees will be as this goes out, but JFA will continue to keep all posted on who these individuals will be.
It is important for all these members to be contacted, but it is equally important to be speaking with your members in Congress regardless of their role on or off the conferee list. Leave no stone unturned on this one. Justice For All! Truth will Prevail! Justice For All!
Becky Ogle
E-mail: beckyo@names.org
SUBJECT: Re:Budget Info
Date: 95-11-04 16:20:34 EST
From: ALauritzen
I hope you people out there in cyberspace are reading this information!
SUBJECT:
VETO MEDICAID GRAN
Date: 95-11-06 20:45:56 EST
From: ALauritzen
ADVOCATES FOR PEOPLE WITH DISABILITIES AND THEIR FAMILIES!!!
WITHOUT YOUR PROTEST THE PROPOSED BLOCK GRANT WILL TEAR MEDICAID APART....
SEND A MILLION MESSAGES TO PRESIDENT CLINTON TODAY! TELL HIM:
*DON'T ABANDON THE ROLE OF THE FEDERAL GOVERNMENT FOR CHILDREN AND ADULTS
WITH DISABILITIES TO 50 GOVERNORS AND STATE LEGISLATURES!
* DON'T BALANCE THE BUDGET ON THE BACKS OF PEOPLE WITH DISABILITIES!
**VETO THE PROPOSED MEDICAID BLOCK GRANT!
*SUPPORT MEDICAID LAW THAT WILL GUARANTEE THE SUPPORT AND ASSISTANCE THAT
CHILDREN AND ADULTS WITH DISABILITIES AND THEIR FAMILIES RELY ON TO LEAD LIVES OF DIGNITY, PRODUCTIVITY AND INTEGRATION!
White House phone number (202) 456-1111
E-mail: president@whitehouse.gov
ABOUT MEDICAID BLOCK GRANTING
Medicaid provides essential health insurance and long term services and supports to 6 million people with disabilities. The proposed budget cuts projected federal Medicaid funding by $182 billion over seven years. Medicaid often makes the difference between whether a child or adult with disabilities lives independently or not. It pays for wheelchairs, personal assistance, transportation, therapies, respite care, home modifications and other options that make life bearable. Without these services, people with disabilities will be forced to seek institutional placements or in many instances my die!
Through blockgranting each state defines the services, sets their own standards and decides who they wish to serve! There is no maintenance of effort or guarantees that existing Medicaid programs that support independent living, such as personal assistance, home and community based or " Katie Beckett" waivers, community living capacity building, or work supports will be continued!
Please copy this notice from United Cerebral Palsy Association and GET THE WORD OUT!!!!!
SUBJECT: related services
Date: 95-11-07 16:25:37 EST
From: Jwmlda
NOTE TO E-MAIL RECIPIENTS
I have lost my LDAJWM access. My new address is jwmlda. Please note
If you wish to be on my e-mail alert network, please send me a message with
your e-mail address
RELATED SERVICES/MEDICAID ALERT # 9 REL SERVICES/MEDICAID
LEARNING DISABILITIES ASSOCIATION
OF AMERICA
4156 Library Road Pittsburgh PA 15234 412/341-1515 FAX 412/344-0224
TO: LDA BOARD, PAB, STATE & LOCAL PRESIDENTS, NETWORK
FROM: LEGISLATIVE SERVICES COMMITTEE
RE: MEDICAID BLOCK GRANT
BACKGROUND
Current law allows school systems to bill Medicaid related services provided to eligible low-income children with disabilities served by IDEA. Reimbursements from Medicaid may be as much as $500 million to school districts this school year. Much of this money is used to provide Part H services to poor infants and toddlers and related services, such as speech and occupational therapy, to school aged children. This entitlement to services would be eliminated or drastically curtailed if the Medicaid Reform Bills which have now passed in both the Senate and the House are signed into law. Under this bill, each state is given a block grant with the power to decide whom to cover and what services to provide. The House bill would remove all entitlements, the Senate Bill guarantees coverage to poor pregnant women, children ages 12 and under, and persons with disabilities who are eligible to receive cash benefits through the SSI. This does not mean that states could not choose to cover a broader array of persons with disabilities, but this provision would assure that some people with disabilities would be covered.
If the entitlement for services of eligible children with disabilities is lost, school systems operating with reduced budgets, may limit related services to those children with the most severe and obvious disabilities. It has been rumored that if eligible children with disabilities will no longer be entitled to Medicaid, school systems may try remove related services from the IDEA when it comes up for reauthorization.
Aside from supporting related services in schools, Medicaid also pays for treatment, medication, transportation for doctors visits, wheelchairs, personal assistance, and respite care for those children and adults who need them.
ACTION NEEDED
Ask President Clinton not to give up the federal commitment to persons with disabilities to 50 Governors and State Legislators. Ask him to VETO THE PROPOSED MEDICAID BLOCK GRANT.
Call the White House at 202/456-1111
or
Send an email to"president@whitehouse.gov
Please copy and disseminate this notice as widely as possible.
SUBJECT: Istook Amendment
Date: 95-11-11 11:03:25 EST
From: Mom424
I am trying to find out the status of the Istook Amendment. Does anyone have
information about this? mom424
SUBJECT: Re:Istook Amendment
Date: 95-11-12 14:34:10 EST
From: ALauritzen
The last that I heard was that it was in the Senate attached to one of the
money bills, continuing resolution or budget reconciliation. Supposedly it is
watered down, but how watered I don't know. Anne
SUBJECT: Re:Istook
Amendment-UPDATE
Date: 95-11-14 11:40:18 EST
From: ALauritzen
DATE: November 10, 1995
SUBJECT: Istook Silence America Language
Temporarily Silenced
Last week, House and Senate Republicans once again deadlocked on the Istook amendment. Although different versions of the amendment were incorporated into the House and Senate versions of the second Continuing Resolution (CR), the two bodies could not agree to either version of the proposal and eventually the language was removed from the CR. The temporary silencing of the Istook amendment represents a small, but important, victory for the disability and nonprofit communities!
Wednesday, November 8th:
The House passed their version of the second Continuing Resolution by a vote of 237-190. The House CR contained the Istook language that was reported out of the Treasury/Postal conference, which we have described in our most recent alerts.
Thursday, November 9th:
The House CR bill was presented to Senate for their approval. Although Senator Campbell (CO) offered a motion to strike all of the Istook language from the bill, this motion was pre-empted by a motion from Senator Simpson (WY) to replace the Istook language passed in the House bill with modified Istook language. Simpson's amendment was eventually accepted by a vote of 49- 47 and then passed with the Senate version of the CR by a vote of 50-46. The Simpson modification to the Istook language in the Senate bill still contained problematic provisions. It still broadened the definition of advocacy to include nearly all interactions with the executive branch, placed a cap on the amount of private money organizations would be allowed to spend on the broader definition of advocacy, and placed burdensome record-keeping requirements on all organizations who receive federal grant funds. However, the Simpson provision did not include many troublesome provisions of the original Istook language such as the inclusion of contacts with state and local government representatives in the definition of political advocacy, the limitation on doing business with entities who spend over 15% of their budget on advocacy, the affiliated organization provisions, and the bounty hunter enforcement provisions.
Friday, November 10th:
The Senate CR bill was returned to the House for their approval. However, the House sponsors of the Istook amendment were not satisfied with the Simpson-modified Istook language and, acknowledging that the two bodies were going to have extreme difficulty coming to an acceptable compromise, the House leadership removed the Istook language from the Continuing Resolution. The House then passed their amended CR and returned it back to the Senate for their final approval on Friday afternoon. The Senate had already recessed for the Veterans Day weekend, therefore, they will take up the amended CR on Monday morning.
President's Position:
President Clinton has indicated that he will veto the Continuing Resolution because of the inclusion of legislative riders (the Istook language when it was proposed and a provision which would raise Medicare Part B premiums) as well as the massive funding cuts in education and environmental programs. The current CR expires at midnight on Monday, November 13th. If the President does veto the CR legislation as currently proposed by the House and Senate, many government offices will probably be forced to close on Tuesday.
Grassroots Pressure Works:
Congratulations on a small victory on the Istook amendment. While we expect the issue to arise again in the very near future, we should feel proud that we were able to educate enough of our lawmakers (especially in the Senate) about the devastating impact of the original Istook proposal. We will continue to keep affiliates informed about the progress of the Istook amendment on any legislative vehicle to which it may be attached. We will again ask you for your help in defeating this devastating proposal. Thank you for your continued assistance.
SUBJECT: Re:Istook Amendment-UPDATE
Date: 95-11-14 22:13:25 EST
From: ALauritzen
This came to me by e-mail. Sorry it is too many caps. I am not screaming at you or trying to be rude. This is very important and another way to get the work across to Congress, especially Newt.
SUBJECT: Need help in networking to parents and advocates for disabled
Date: 95-11-13 14:15:42 EST
From: BLiving769
To: ALauritzen
Ann, please help in getting the following message out. "IF NEWT GINGRICH AND
THE U. S. CONGRESS COULD WEAR OUR SHOES FOR A DAY, THEY WOULD NOT BE
BALANCING THE BUDGET AT THE EXPENSE OF CHILDREN, DISABLED, ELDERLY." SEND AN
OLD PAIR OF SHOES TO NEWT GINGRICH. MAIL TO *U. S. HOUSE OF REPRESENTATIVES,
WASHINGTON, D.C. 20515*. Try to have shoes in Washington by Nov. 30, 1995 and tell Congress that you oppose the cuts in the budget that will hurt our children.
I am with Parents Educating Parents In Mississippi, PEPIM, and we are working on this with parents in GA.
Please help if you can.
Thanks,
Betty
SUBJECT: transition
Date: 95-11-17 21:05:33 EST
From: VeggieGal
does anyone have information regarding transition from youth to adulthood for chidren with special needs? I run a transition program for my school and want to find out more info.
SUBJECT: Re:transition
Date: 95-11-17 21:28:42 EST
From: ALauritzen
Please contact the Parent Training Center in your state, they have tons of information. Also contact your state department of education Transition should be an implemented program in your state. There is specific language in the IDEA regarding transition. Another resource for information is the National Parent Network on Disabilities - 1-703-684-6763.
Anne
SUBJECT: IDEA Discussion Draft - Sena
Date: 95-12-01 10:51:06 EST
From: ALauritzen
There is a discussion draft available for the Senate version of the IDEA reauthorization. Call you Senator's office and tell them you want the discussion draft.
SUBJECT: Re:IDEA Discussion Draft - S
Date: 95-12-01 18:21:18 EST
From: Mom424
If you would like to have the U.S. Department of Education's proposals for
the reauthorization of IDEA, please send me your e-mail address. mom424
SUBJECT:
IDEA in the states
Date: 95-12-03 08:52:55 EST
From: NSteven262
I am very concerned about what is happening at the state level around the country. In NH, the special ed task force is NOW determining whether they will continue to participate in IDEA. We have concerns that they will say that they will continue to participate on the condition that IDEA is funded at the full 40%. Our task force is a sham. The NH Challenge won a suit by DR for access to the original subcommittee reports which had been denied to the public. Now the draft report hearings have proceeded without including the oral and written testimony of two public hearings. Idealogues, not child advocates, are running the show. Anyone who would like an overview of NHLDA testimony to the NHBOE regarding potential changes to Special Education let me know via e-mail. BEWARE OTHER STATES!
SUBJECT: legislation updates Dec1st.
Date: 95-12-11 22:24:16 EST
From: Mom424
HR 2127 Education Appropriations, fiscal 1996... house would provide $23.2 billion for dept of ed programs, a $3.6 billion cut ( passed on Aug 3rd).
Senate would provide $24.7 billion (senate version is stalled). Next step:
senate floor vote, followed by house-senate conf.
sp.ed...House is HR 1986 and senate is S1075. house and senate aides have circulated draft legislation that would make it easier for school officals to reassign or expel disruptive disabled students, encourage mediation, require schools to set high standards for disabled students and consolidate some programs. next: no action is expected until next year on reauthorizing the IDEA. to obtain a copy of the above legislation call your representative and senator.
Goals 2000...(S1301) Proposed by Sen. Specter, in an effort to satisfy critics of the Clinton adm. ed-reform program, the bill would remove requirements that states submit plans to federal officials, allow districts to apply directly for grants if their states do not participate, and formally eliminate the Nat. Standards and improvement council. Next: Sen Specter will likely attach the Goals 2000 provisions to the 1996 education appropriations bill or another piece of legislation.
Parental Rights (HR 1271, HR 1946 and S1060)... HR 1271 would require federal agencies to obtain parental approval before administering certain surveys to students. HR 1946 and S 984 would bar government and school officials from interfering with the "upbringing of a child" unless a "compelling governmental interest" is involved. HR 1271 was approved by the house on April 4: the house subcomm on the Constitution held a hearing on HR 1946 on Oct 26. The Senate Gov. affairs comm held a hearing on Nov 9th. Next: more house and senate hearings are expected.
SUBJECT: IDEA Alert
Date: 96-01-15 21:05:38 EST
From: NSteven262
A Senate bill may be introduced by the end of January with a final passage at the end of Febrtuary. The bills probably won't be any different from the drafts. But it's always good to keep our Congressment informed about the needs of their constituents. Parents and child advocates should write in and support: 1) elegibility based on specific disability categories 2) funding based on child count 3) parental participation in eligibility, IEP and placement decisions 4) procedural safeguards, including attorney fees for parents who prevail, 5) highest professional standards for those who work with students with disabilities 6) waivers of IEP provisions and due process rights should NEVER be allowed 7) federal support for personnel preparation, research and parent training centers and clearing houses must be retained. It is really important to communicate. In our state, the Task Force was a farce, primarily demonstrating that the states will listen only to the Dept. of ed and not the parents and advocates. However, we should be vigilent at the Federal level.
SUBJECT: idea talking points
Date: 96-01-16 12:47:14 EST
From: Jwmlda
ACTION ALERT 10 IDEA
ACTION ALERT 10
LEARNING DISABILITIES ASSOCIATION
OF AMERICA
4156 Library Road Pittsburgh PA 15234 412/341-1515 FAX
412/344-0224
JAN 15, 1996
TO: LDA BOARD, PAB, STATE & LOCAL PRESIDENTS, NETWORK
FROM: LEGISLATIVE SERVICES COMMITTEE
If and when the budget budget battle between Congress and the President is resolved, other legislation, including the reauthorization of IDEA, may move very quickly. The Administration Bill for the reauthorization of IDEA (HR 1986, S 1075) will not be considered, although many of its features were incorporated into the House and Senate draft proposals which were circulated at the end of the year. A Senate bill may be introduced by the end of January, with a final passage expected by the end of February. No timelines for the House bill have been given.
Because the bills which are introduced will probably not be much different from the drafts, advocates should contact their Congressmen NOW, to let them know of their concerns. The following message should be sent to all Congressmen. You may choose issues which are of greatest concern to you, or you may send these comments with a note that your support them all.
MESSAGE
Many of the problems around the IDEA are related to the failure to implement and enforce the law, not the law itself. Therefore, parents and advocates support those parts of the bills which make as few changes as possible.
╖ Eligibility based on specific disability categories should be retained.
╖
╖ Funding based on child count, rather on percentage of population should be retained.
Data collection, should include the type of disability as well as the number of students being counted.
╖ Parental participation in eligibility, IEP and placement decisions should be required.
╖
╖ At least one member of the eligibility team should know the child and understand the suspected disability
╖
╖ The triennial evaluation should be based on child's continued need for services
╖
╖ The IEP team should include a regular education teacher, a member of the eligibility team, and someone who understands the manifestations of the suspected disability
╖
╖ The IEP should include accommodations needed for participation in standard assessments, a schedule for periodic reports of progress, consideration of the communication needs of the student, and, if necessary, interventions to prevent inappropriate behavior
╖ A free appropriate public education should be available to all eligible students with disabilities regardless of the nature or severity of the disability.
All children with disabilities should continued to receive a free appropriate public education regardless of the behavior which has resulted in the need for disciplinary action.
╖
╖ Mediation is a positive way to resolve disputes.
╖ Procedural safeguards, including attorneys fees for parents who prevail, must be retained.
╖ Highest professional standards for those who work with students with disabilities must be retained.
Waivers of IEP provisions and due process rights should never be allowed.
╖ Federal support for personnel preparation, research and development, parent training centers, and clearinghouses must be retained.
This message can go by mail, fax, or e-mail directly to the Congressman or
to his/her district or Washington office
Letters to SENATORS
REPRESENTATIVES
The Honorable The
Honorable .............................
US Senate US House
of Representatives
Washington DC 20510 Washington, DC
20515
Congressmen can be reached through the Capitol Switchboard: 202/225-3121. Fax numbers may be obtained from their offices or through your local library.
The e mail addresses for members of Congress
SUBJECT: Re:IDEA Alert
Date: 96-02-04 15:29:40 EST
From: HeyJude49
I have recently become aware that there are changes being made in IDEA that spell DOOM for children in special ed. Does anyone know where I can find out just what these changes are? If so, we must all write to our legislators.
Judy on Long Island
SUBJECT: Re:IDEA Discussion Draft - S
Date: 96-02-04 17:29:37 EST
From: KJH1448
I am very interested in receiving reauthorization recommendations. thank you.
SUBJECT: Re: When do we say stop
Date: 96-02-06 00:04:31 EST
From: Geibel
Is any one concerned that the real handicapped students are being ripped off , funds stolen by school districts across the country. Speech therapist , psychologist and others idenifing students who are just behind for various reasons. I have watched this happen and I am fed up, what can we do???
After 25 years I am getting out of Sp.Ed. because it is a big joke , so cut
the legistative bull
SUBJECT: recommendations by ACIR
Date: 96-02-07 00:11:02 EST
From: Mom424
The Advisory Commission on Intergovernmental Relations (ACIR) has recommended modifications to IDEA. The Commission will be accepting public comment on its recommendations through March 15, 1996. Comments can be sent to ACIR, 800 K street, NW, Suite 450, South Building, Washington, D.C. 20575 or call 202-653-5540 or fax 202-653-5429.
Recommendations:
1. Retain the provisions of the IDEA, but examine and modify the funding structure. IDEA should be modified to remove funding provisions that encourage and reward the over-classification and aegregation of students with disabilities.
2. Provide funding assistance to state and local governments for compliance. The federal government should increse funding for IDEA. Only about 8% of aspecial education student's cost is repaid by the federal government, well below the 40% intended by Congress when the law was enacted. The intergovernmental financial partnership in special education has been weakened by this funding problem.
3. Defer implementation decisions to the state and local governments. State and local education agencies are better eqquipped than the federal government to determine an "appropriate education," and how to specially meet a student's needs through an individualized education program (IEP) that is nondiscriminatory and beneficial.
4. Eliminate the statutory right of individuals to bring court actions or require alternate dispute resolution alternatives before use of due process procedures. Alternative dispute resolution practices should be required and any challenge in state or federal court should be brought by state or federal agencies, NOT BY INDIVIDUALS.
if you would like a copy of their report, please e-mail me at mom424@teclink.net We need to generate thousands of comments supporting parents and student's rights under IDEA. I do not know about your state, but i do know if my state is left to decide what an "appropriate education" is, my children might as well stay at home.
SUBJECT: Re:recommendations by ACIR
Date: 96-02-07 23:56:56 EST
From: BLiving769
I am with Parents Educating Parents In Mississippi, we received a copy of the ACIR's recommendations from someone in VT. We have already faxed this committee our comments.
I hope all parents and advocates will write and voice their objections to these recommendations.
SUBJECT: Re:IDEA Discussion Draft - S
Date: 96-02-08 00:07:26 EST
From: BLiving769
IDEA (PL 94-142) has not been implemented in the manner that Congress originally intended. If IDEA had been truly implemented as Congress had originally intended there wouldn't be all of the overclassification and segregation of students with disabilities. This should be done with the federal government increasing the funding to the 40% intended by Congress when the law was enacted.
SUBJECT: Re:IDEA Alert
Date: 96-02-08 00:17:18 EST
From: BLiving769
Contact your Congressman and Senator and ask them to send you a copy of the draft proposals for the reauthorization of IDEA.
SUBJECT: Re:recommendations by ACIR
Date: 96-02-08 21:52:58 EST
From: Mom424
Dear Bliving, thanks for sending your concerns regarding the recommendations
by the ACIR. i also hope parents and advocates will send their concerns to
this committee, because I guarantee the individuals who want to let the state
decide what an "appropriate education" is for our children and want to
eliminate a parent's right to due process are speaking loudly. This committee
will be holding a public hearing in Washington on March 8th. mom424
SUBJECT:
concern:ADA/discipline
Date: 96-02-09 00:36:12 EST
From: Lxbxsx
I am a concerned Special Education Inclusion Facilitator who has a student with severe disabilities who has a behavior which endangers other teacher and students. His parents don't want to pick him up if he inflicts pain on others stating that this is part of his disability. My principal says that our school is on inclusion model and this student is to be treated as any other student who may inflict pain on others, ie being sent home. Where do I get info re: this situation?
Am I treading on a law suit that involves the ADA? Please Help!!!
SUBJECT:
Re: concern:ADA/discipline
Date: 96-02-12 09:12:14 EST
From: ALauritzen
For the student you are describing, does not the stay-put provision in the law apply right now? Doesn't the students "team" have to be assembled to decide what is the best for him. In my opinion the principal is in violation of the 'stay-put' provision.
SUBJECT: Re:IDEA Alert
Date: 96-02-12 09:17:03 EST
From: ALauritzen
Since I have just returned for the "great" seat of power? Washington, D.C. and have listen to alot of conversations about IDEA and what should, would, could happen. I and others are beginning to think that maybe parents and advocates need to tell the committee-Kassenbaum et al that we do not like any of the provisions being changed and we want everything to stay the same and just reauthorize IDEA the way it is. It would cause the Jeffords provision to sunset and stay-put would stay-put. I think it is time for parents to yell loud and long -LEAVE IT ALONE, just give the states more money the way it was suppose to be!!!!!
Any body have any thoughts on this idea for IDEA.
There is hope that IDEA will be on the floor of Congress by the end of February.
SUBJECT: ACIR public hearing
Date: 96-02-14 09:11:54 EST
From: Mom424
I talked with a staff member of this commission yesterday. He stated his
office had received a lot of calls regarding ADA but only a few regarding
IDEA. Please let people know about the commission's recommendation and asked
them to respond!!!!!! If you need a copy of the recommendations please e-mail
me..Responses to the recommendations have to be to the commission by March
15th... I am in agreement to leave IDEA alone just provide the funding
promised.. mom424
SUBJECT: ACIR conference
Date: 96-02-16 10:23:32 EST
From: Mom424
the ACIR conf. will be held March 6 and 7th. Among the topics of discussions will be IDEA. I have heard the cost of the conf. is around $400.00. The name of the conf. is "Lighten the Load". The name of the conf. should be an indication of what they will be recommending for IDEA. Please write the commission, your senator and representative and express your outrage.
ACIR, 800 K Str.,NW, Suite 450, South Building, Washington, D.C., 20575 or
phone 202-653-5540 or fax 202-653-5429 mom424
SUBJECT: IDEA Nat. call in
2/27/96
Date: 96-02-22 22:32:08 EST
From: Mom424
The situation regarding IDEA in Washington has reached a point where parents, professionals and advocates must take action. The first step in impacting the current members of Congress must be to demonstrate our numbers and commitment by "shutting down" the Capital switchboard on February 27th. We cannot depend on others to do this for us- we must all take action. All members of Congress can be reached by calling the switchboard number 1-202-224-3121. Calls should also be made to Senators William Frist and Nancy Kassebaum, Rep. William Goodling and Randy Cunningham. If we succeed in jamming the switchboard, get individuals to call the direct numbers of the Congressional offices in Washington or their local offices.
The message is simple DON'T REMOVE OUR CHILDREN'S RIGHT TO AN EDUCATION.
REAUTHORIZE IDEA IMMEDIATELY WITH NO AMENDMENTS Don't weaken IDEA !!!!!!!!
Also please back up your phone call with your concerns in writing.
Please participate in the National Call In Day
mom424
SUBJECT: discretionary programs
Date: 96-02-23 22:14:19 EST
From: Jwmlda
NASDSE has reported the rumor that when another Continuing Resolution (CR) is passed on March 15, the IDEA Discretionary Programs may be eliminated or zeroed out as they were in the House Appropriations Bill. These programs include CLEARING HOUSES ( NICHY, HEATH, and ERIC), PERSONNEL DEVELOPMENT, INNOVATION AND DEVELOPMENT, EARLY CHILDHOOD EDUCATION, TECHNOLOGY APPLICATIONS, SPECIAL STUDIES, TECHNOLOGY APPLICATIONS and REGIONAL RESOURCE CENTERS.
ADVOCATES FOR THESE PROGRAMS ARE ASKED TO CONTACT THEIR MEMBERS ON THE HOUSE
AND SENATE APPROPRIATIONS COMMITTEES AND CONGRESSIONAL LEADERS NEWT GINGRICH,
RICHARD ARMEY, RICHARD GEPHARDT, ROBERT DOLE, AND TOM DASCHLE IMMEDIATELY!!Action is expected the week of Mark 5. Members of the committee, with their phone and fax numbers are on the attached sheets. If you do not have the time or inclination to contact your Congressmen on this issue, please pass this information on to persons who would be greatly affected by the elimination of these programs.
THIS MAY BE OUR LAST CHANCE TO SAVE THESE PROGRAMS!!!
Following is a basic explanation of the problem:
*** The Administration budget for FY 96 put zeroes next to a number of the "special purposes" funds under IDEA. However, they then showed the programs consolidated under 5 categories, mirroring their Reauthorization proposal. The bottom line figure was FY 95 levels for ALL of the discretionary programs included under current law. In other words, despite the 0's, their intention was to maintain the same level of funding as under the 14 categories.
*** The House Appropriations Committee then zeroed out all the programs by which they saw the 0's in the Administration budget.. with no attention paid to the bottom line. In other words, their total for "special purposes" funds was cut by $162 million below FY 95.
*** The Senate then restored all but $7 million and put back ALL the discretionary program lines. However, the House and Senate Conferees have not agreed upon a final Labor Health, and Human Services Appropriations Bill.
\** IN ADDITION, there is confusion between the Department and the Office of Management and Budget (OMB) regarding the interpretation of the current continuing resolution... and what the "zeroes" really mean.
*** -NOW we understand that in the next continuing resolution , Congress wants to zero out all the IDEA special purpose funds that were cut in the House Appropriations. Bill.
*** We need to make the point that the Administration was not CUTTING these programs out, but rather consolidating them.. with the intention that the same level of funding remain as, at a minimum, funding levels in FY 95.
Attached are the lists of Appropriations Committee members for your convenience. You can contact them easily by dialing the Capitol Switchboard, 202/224-3121. You may also want to contact the President at 202/456-1111.
THE TIME TO ACT IS NOW! THANKS FOR YOUR QUICK RESPONSE!
SENATE APPROPRIATIONS COMMITTEE
S128 CAPITOL WASHINGTON DC 20510
PH 202/224-3471
MEMBERS: PHONE/FAX 1-202/224
Unless otherwise indicated, to send e-mail to senators:
senator-<senator's last name>@<senator's last name>senate.gov
REPUBLICANS PH FAX DEMOCRATS.
PH FAX
*Mark Hatfield (OR) Chair 3753 0276 Robert Byrd (WV)
3954 0002
Ted Stevens (AK) 3004 2354 Daniel Inouye
(HI) 3934 6747
*Thad Cochran (MS) 5054 3576 Earnest Hollings
(SC) 6121 4293
*Arlen Specter (PA) 4254 1893 J. Bennet Johnston
(LA) 5824 2952
Pete Domenici (NM) 6621 7371 Patrick Leahy (VT)
4242 3595
Phil Gramm (TX) 2934 2856 Dale Bumpers (AR)
4843 6435
*Christopher Bond (MO) 5721 8149 Frank Lautenberg (NJ)
4744 9707
Slade Go
SUBJECT: Re:IDEA Nat. call in 2/27/9
Date: 96-02-24 15:38:30 EST
From: PAVE STOMP
I can't Stress how much I appreciate this message. We need to work together to insure that our message is heard. Children with disabilities very existence within the educational system depends on our efforts. Please be sure to call in on the 27th of February between the hours of 9:00 a.m. and 5:00 p.m. EST and let your voices be heard. REAUTHORIZE IDEA IMMEDIATELY WITH NO AMMENDMENTS. The rights of children with disabilities can not be allowed to be diminished or deleted. Remember, 1-202-224-3121. Let your representatives know how much you are concerned about this.
SUBJECT:
Re: IDEA and ADA
Date: 96-02-25 00:06:57 EST
From: Fufoley
Yes, I will be going to Due Process to fight an inappropriate classification. If a school district does not intend to spend money on special services for a special education student, but recieves funding because of that classification isin't that a profit? It would be about $5,000 cheaper to go along with this fraud, but I would not sleep at night. And besides that I have another child with a legitimate diagnoses that may benefit from special education.
Joy
SUBJECT: Re:concern:ADA/discipline
Date: 96-02-26 19:58:55 EST
From: OBuckley
At the risk of sounding ignorant...what is the 'stay put' provision. I currently am working with a severe behavior problem child...hitting other children etc. and we are calling the parents to pick him up when he is out of control...help...what is 'stay put?'
e-mail O'Buckley or post here
SUBJECT: Feb 27-Call in Day-Update
Date: 96-02-26 22:45:25 EST
From: PeteLD2
An update as of 2-26-96 :
Senator Kassebaum proposes to repeal the provisions of IDEA that guarantees a free appropriate public education and provide only that students with disabilities have access to public schools-this would delete the "free" and "appropriate" touchstones of IDEA Senator Kassebaum would repeal the students' rights to related services and provide that schools need not provide related services-this would vititate the "appropriate education" assurances of IDEA Senator Kassebaum would repeal the "LRE"(least restrictive environment) guarantees and instead provide only that students have a right to a "continuum" of services-this would re-establish the separate and largely segregated system of education.
In addition, Senators Coats (IND) and Gregg(NH) also want to repeal the related services assurances, the entire IEP assurance, and the prsent protection-from-expulsion provisions.
Senator Gorton (WA) will introduce an amendment to the protection-from
-expulsion provisions that would allow exclusion if the student engages in verbal threats, seriously disruptive behaviors, or other behaviors that "cause emotional distress" to others-this greatly expands the grounds on which students could be removed temporarily or permanently from school-coupled with a looser standard on "manifestation"(making the causal relationship between behavior and sanctionable conduct even more difficult to prove), this approach will result in the pruging of many students with disabilities from schools.
Last-there is no possibility of a simple extension of IDEA this year; those who want to amend it to death are determined to do so this year.
The message has to be clear - do not weaken IDEA, leave it alone!
We are fighting an up hill battle. The National School Board Association has been lobbying for months and they are being told wrong information. Parents and professionals that truly care about children and special educations need to speak collectively with a very load voice. We are loosing this battle.
E-mail and call all day on Feb. 27. This nonsense has to stop.
SUBJECT: Re:Feb 27-Call in Day-Update
Date: 96-02-26 23:43:57 EST
From: Mom424
Thanks so much for the update. Please ask your Senator to share your concerns with the following Senate Committee members.....Senators Kassebaum (Kan), Jeffords (VT), Coats (Ind), Gregg (N.H.), Frist (Tenn), Dewine, (ohio), Ashcroft (Mo), Abraham (Mich), Gorton (Wash), Kenndy (MA), Pell, (R.I.), Dodd (Conn), Simon (Ill), Harkin (Iowa), Mikulski (Md), Wellstone (Minn). Please take the time to call Tuesday.
SUBJECT: Re:Feb 27-Call in Day-Update
Date: 96-02-27 11:52:04 EST
From: Ratatat
Here are the email addressess of the Senators on the Senate Appropriations Committee, including Senator Hatfield, the Chairman. Hope this makes it easier for someone to send a note.
Sorry, but even though I am quite sure the senate addresses that I posted on the previous note are correct....every single one of them was "returned" to me!
I have called my senator's office. It took a few minutes to get through, but I did. I passed my message along and was told that they had been getting quite a few phone calls on reauthorizing IDEA with no changes. I insisted that my name, address and phone number be taken and that they understand that I am an ACTIVE voter in my state.
SUBJECT: There is a bill introduced
Date: 96-02-28 00:21:10 EST
From: ALauritzen
Senator Bill Frist introduced a reauthorization bill this afternoon with no amendments that will be harmful to our children. There is however a possibility that Senator Gorton will still introduce his discipline amendments. The bill is now off to committee for mark up. Stay tuned.
SUBJECT:
Re: There is a bill introduce
Date: 96-02-28 02:27:19 EST
From: PAVE STOMP
I'm interested in what ammendments were attached to Senator Frist's reauthorization bill. You say there were no ammendments that would be harmful to our kids, but that doesn't mean that ammendments weren't included. Some ammendments that may seem innocuous on the surface can have an extreme impact on our kids. An example would be the decrease of funding at the state level or the removal of short-term instructional objectives from the IEP language. I'm interested in hearing more. I hope we all realize that this is just the beginning. We need to keep a close eye on what is happening and be ready to act.
SUBJECT: Re:concern:ADA/discipline
Date: 96-02-28 02:39:00 EST
From: PAVE STOMP
The stay-put provision simply means that a student who is identified as having a disability CAN NOT be removed from an educational placement that has been determined "appropriate" by the IEP team WITHOUT first holding a meeting with appropriate individuals, including the parent to discuss the student's needs and attempts to serve those needs in the current placement, including the results of those attempts. If a change in placement is recommended and the parent does not agree, and files a due process hearing request, to the proposed change in placement the child "stays put" in the current placement unbtil a hearing occurs. If a child is an immenent danger to himself or others, he can be temporarily removed, but only for the time of immenent danger and not to exceed 10 school days. For more information on that specific piece of information you may want to review the Honig Case and the Jeffords ammendment.
SUBJECT: Re:There is a bill introduce
Date: 96-02-28 09:55:48 EST
From: Mom424
can you tell us the bill number, so we can request a copy of it. mom424
SUBJECT:
Re: There is a bill introduce
Date: 96-02-28 16:45:00 EST
From: ALauritzen
I am not sure what the bill number is but if you call your senator's office and ask for a copy of the Frist-Harkin Proposal, the should send it to you. You might what to check the congressional record in a few days to see the language that Senator Frist used when he introduced the bill.
It is true that we need to see the bill as written, before we can determine if the amendments are harmful or not, but after talking to the staff at NPND, they seemed to be pleased, but the bill still has to go to committee and conference. Yes Senator Gorton will still try to get his discipline amendments in for all our gun totting, violent kids (that's a joke), so we need to stay vigilant with ur communcations to the committee members. I got an actual e-mail response from Senator Ashcroft regarding the IDEA not just a autoresponse. That was interesting especially since I am not in his state. Who is the PAVE STOMP person???? Heather?????
Anne
SUBJECT: Hot off the Fax
Date: 96-02-28 17:28:29 EST
From: ALauritzen
Congratulations one and all! We are being heard!!!!!Yesterday afternoon Senator Frist introduced his bill to reauthorize the IDEA WITHOUT A DISCIPLINE AMENDMENT!!!!!! While this in no way means that the fight is won, it is a major, positive step in the right direction!! As with all bills there are still issues to be worked out. We have been assured that we will be given the opportunity todo so before mark up in March.
YOUR PERSISTENCE AND COMMITMENT TO CHILDREN IS WHAT BROUGHT ABOUT THIS MAJOR
POSITIVE CHANGE!!!! Take a moment, catch yur breath, congratulate yourselves and get ready to go again!
Special recognition should be given to Kansas parents. They appeared in DC over the weekend. On Mondy they met face to face with Sen. Kassebaum and worked closely with Sen. Dole's staff to get things moving. Our thanks goes out to Patty Gerdel, Jeri Goodrich, Hosie Torrez and Darla Nelson. Joining this dynamic team was Mike Remus who, in additon to being the state director of special education is a parent. They were terrific together.
In addition to the Kansas contingent we also had the formidable trio of Patty Smith, Madeleine Will and Justin Dart "haunting" the Halls and persuading members to our point of view.
We know that this fight is far from done. The Senate bill is due to be marked up on March 20. This situation will remain fluid and intense through the mark up and then some.
So put your feet up for a moment or two, brace yourselves and get ready for the next flurry of activity!!!!!
The bill will be available tommorrow (Feb 29) on Senator Frist's home page
at http://WWW.senate.gov\~Frist\
The Bill number is S. 1578
This came to me from Patty and Larry at the National Parent Network on Disabilities. I would suggest that besides all of us patting ourselves on the back that you e-mail NPND -Patty and Larry, many thank yous for the endless hours they have devoted to this effort. I know how hard they work I was working in their offices when some of this "battle" was raging. The other person that needs thank yous is Senator Frist for standing tough.
Anne
SUBJECT: Re:Hot off the Fax
Date: 96-02-29 00:53:29 EST
From: Mom424
the Frist bill eliminates mandated short-term objectives in an IEP. Paperwork will be reduces by the elimination of short-term objective tracking and repetitive reporting of test results and other info in the IEP. A flexible, sensible, workable schedule of educational reports to parents of children with disabilities will be determined by the IEP team. (I wonder if they mean those wonderful white cards we receive with all S's) Short term objectives work for my son. we know where he has been, where he is and where he is going next. it helps us prepare.
The Frist Bill empowers school officials in disciplining children. For the first time since its enactment, IDEA will contain comprehensive language that will untie school officials' hands when discipling students with disabilities. (CURRENTLY UNDER DISCUSSION, WILL BE WORKED OUT BY DATE OF MARK-UP AND THEN INSERTED.) WE NEED TO WATCH THIS ONE.
mom424
SUBJECT: Re:There is a bill introduce
Date: 96-02-29 16:37:56 EST
From: Jwmlda
The Senate bill for the Reauthorization of IDEA is S 1578. You may get a copy by sending a request for S 1578 with a self-addressed label to the Senate Document Room (B 4 Hart Senate Office Building, 2nd and C Sts NE, Washington DC 20510). You could also ask your senator to get you a copy. And if you want to download about 150 pages of text, you can get it from the world wide web through THOMAS.gov. The bill would authorize discretionary programs through 2002. The discipline language has been removed. It will be added later. A full Senate Labor and Human Resources Committee markup is scheduled for March 20.
The House has not sent a date for the introduction of their version of IDEA.
Hearings may be held within the next two weeks.
House Democrats plan a Forum on the Federal Role in Education on Tuesday, March 5.
The National School Boards Association plan a national call in day in support of educational funding for March 6. One school board member sent the following query to the Executive Director of the NSBA: : "In view of the fact that the NSBA has lobbied consistently against maintaining IDEA in its current form, on call in day are we supposed to request funding for ALL public school students or only the 885 who are not in special education?"
SUBJECT: Re:There is a bill introduce
Date: 96-02-29 20:58:42 EST
From: ALauritzen
You can retrieve the full text of the bill from Senator Frist's Home Page.
http://www.senate.gov\~frist\* or through the senate website -
http://www.senate.gov
SUBJECT: Re:There is a bill introduce
Date: 96-03-01 17:11:42 EST
From: Jwmlda
All advocates for children with disabilities, especially those from Tennesee, should write or call the office of Senator Bill Frist to thank him for introducing the new IDEA.
In his comments on the floor of the Senate he said: " The IDEA amendments introduced today will not undermine the civil rights of any child with a disability to a free approprite public education. In fact, this reauthorization of IDEA reinforces its basic tenets and adds to the law a viable set of tools with which to help adults help children with disabilities prepare for a successful future.
We have a long history of bipartisan commitment to We must continue to be courageous on both sides of the aisle to our commitment to improve the lives of our citizens with disabilities, most especially children.
This is the kind of courage children with disabilities must bring to their everyday lives. This is the kind of courage that parents of children with disabilities show every day as they dream their dreams and work, step by step, toward a better, more independent , more productive life for their child. This is the kind of courage that America's dedicated and professional teachers bring to their work with American students every school day, aiming high and hoping their big plans will be realized.
SUBJECT: Re:ACIR hearings
Date: 96-03-01 19:09:11 EST
From: Mom424
Today, the Advisory Commission on Intergovernmental Relations postponed the March 8th public hearing to March 26th.The 8 people who were going from my state are in the process now of canceling reservations AND PAYING EXTRA MONEY to change plane reservations. This Commission apparently did not realize the numerous responses it would receive from parents of children with disabilities and individuals with disabilities regarding their recommendations to IDEA and the ADA and they failed to make sure the building in which the hearing was set was totally accessible. had they had individuals with disabilites and parents on this committee, THEY WOULD HAVE KNOWN. please remember this Commission is recommending to eliminate the statutory right of individuals to being court actions (due process)... any challenge in state or federal court should be brought by state or federal agenicies, NOT BY INDIVIDUALS.
All comments can be sent to ACIR, 800 K Street,NW, Suite 450 South,
Washington, D.C. 20575 or fax 202-653-5429
SUBJECT: Re:ACIR hearings
Date: 96-03-02 20:22:15 EST
From: BLiving769
To e-mail ACIR's members send to ir002529@interramp.com
SUBJECT: Re:ACIR
hearings
Date: 96-03-02 21:39:33 EST
From: ALauritzen
Who are the members?????
SUBJECT: ACIR Commission Members
Date: 96-03-03 00:37:00 EST
From: BLiving769
Private Citizens
Peter Lucas, Director of Legislative Affairs, MA. Bay Transportation
Authority, Boston, MA
Richard P. Nathan, Director, Nelson A. Rockefeller Institute of
Government, Albany, NY
William F. Winter, Chairman, Senior Partner, Watkins, Ludlam & Stennis,
Jackson, MS
Members of the U. S. Senate
Bob Graham, FL
Dirk Kempthome, ID
Craig Thomas, WY
Members of the U.S. House of Representatives
James P. Moran, VA
Donald M. Payne, NJ
(Vacancy)
Officers of the Executive Branch, Federal Government
Carol M. Browner, Administor, U.S. Environmental Protection Agency
Marcia L. Hale, Assistant to the President and Director of
Intergoveernmental Affairs
Richard W. Riley, Secertary, U.S. Department of Education
Governors
Ame H. Carlson, MN
Howard Dean, VT
Michael O. Leavitt, UT
Bob Miller, NV
Mayors
Victor H. Ashe, Knoxville, TN
Gregory Lashutka, Columbus, OH
Edward G. Rendell, Philadelphia, PA
Bruce M. Todd, Austin, TX
State Legislators
Paul Bud Burke, President, Kansas Senate
Art Hamilton, Minority Leader, Arizona House of Representatives (Vacancy)
Elected County Officials
Randall Franke, Commissioner, Marion County, OR
Gloria Molina, Supervisor, Los Angeles County, CA
John H. Stroger, Jr., Commission President, Cook County, IL
SUBJECT: help in Illinois
Date: 96-03-03 10:33:13 EST
From: Mom424
does anyone know the name, address and phone number for the parent
information training center and the protection and advocacy organization in
Illinois? we have a parent who needs help.please post this information.
mom424
SUBJECT: Re:help in Illinois
Date: 96-03-03 12:25:35 EST
From: BLiving769
I also need the name, address and phone no. of a good advocacy group that will help a parent in Chicago, IL.
Thanks,
Betty
SUBJECT: Re:help in Illinois
Date: 96-03-03 21:59:26 EST
From: Ratatat
<<does anyone know the name, address and phone number for the parent
information training center and the protection and advocacy organization in
Illinois? we have a parent who needs help.please post this information.
mom424>>
Call the National Association of Protection and Advocacy Systems at 202-408-9514. They will probably have numbers for state offices.
SUBJECT:
Re: help in Illinois
Date: 96-03-04 08:44:15 EST
From: ALauritzen
Mom424,
The one PTI that is listed in the Exceptional Parent Resource guide is Family Resource Center on Disabilities, 20 E. Jackson Blvd, Rm 900 Chicago, Il 60604, 800-952-4199 or there is supposedly a newly funded one that is not listed. Contact NPND and get the particulars. NPND@aol.com or 703-684-6763.
Anne
SUBJECT: Re:help in Illinois
Date: 96-03-04 08:47:45 EST
From: ALauritzen
BLiving,
Look back at the information I posted to Mom424. The other possibilites is to contact the state Arc or United Cerebral Palsy, or even the Spina Bifida Assoc. of Illinois. If nothing else they can direct the parents to the right resources.
Anne
SUBJECT: IDEA NEEDS YOUR HELP
Date: 96-03-12 15:40:00 EST
From: ALauritzen
Critical Need for Action on IDEA
Gorton Threatens Basic Constitutional Guarantees - Mark-up March 20th from the Washington Watch from UCPA and NPND Action Alert!
Background:
Over the last 2 years Senator Slade Gorton has been on a vendetta motivated crusade to destroy the educational rights of children and youth with disabilites. His first attack was designed to eliminate the "stay put" provisions of the IDEA. Through the guise of "safe schools" he has repeatedly attached and supported others such as the AFT and the National Association of School Boards who have protrayed students with disabilities as undisciplinable. In February he released a discipline amendment that seriously gutted the procedural protections critical to children and youth with disabilities and their families. Now his tactics have changed and broadened. He is now supposedly in agreement with a "new" discipline amendment prpared by Senator Frist's office but has tied his support to trade offs in other areas. Right now the details of this trade off are unknown. The general areas of trade off include limits on attorney fees; elimination of punitive damages; and caps on the amount of money a local school district wuld be required to pay for the provision of special education services for "high cost" students. There my be other areas in which trad off are being negotiated.
Based on Sen. Gorton's past behavior, several things seem clear. He would not give up his most important issue withut receiving major concessions in return. Additionally, regardless of what agreed tonow, when S. 1578, hits the Senate floor we may well see attempts to tack on other damaging amendments. All os this is complicated by the fact that Frist's office is moving for a full committee mark up of the bill March 20 leaving us little or no time to react to whatever the new deal is.
At the March 20th mark-up Mr. Gorton(WA) will offer an amendment on discipline and students with disabilities that will essentially gut the law.
The Gorton amendment:
-repeals the "parent participation" requirement of IDEA by giving school officials authority to unilaterally change the child's placement and make critical education decisions without parent involvement;
-repeals the "least restrictive environment" provisions by allowing school officials to freely move children to more restrictive settings anytime: for example, if a teacher or child feels "emotional distress" because of the presence of the child with a disability in the classroom;
-repeals the "stay-put" protection which provides a check against unjustified unilateral actions by school officials;
-repeals the principle of "zero-reject" by giving school officials authority to cease all educational services to large numbers of children with disabilities.
If the Gorton proposal is included in the law, the checks and balances to limit the unilateral authority of school officials will be eliminated. Tens of thousands of children may be returned to segregated settings, based simply on the presence of disability. In meetings recently, the parent of a child who uses a head-pointer described how the tapping of his stick on the computer keys was considered "disruptive" to the environment of the classroom by her child's teacher. Under Gorton, this child could be removed. Action Needed Now!
Contact your members of the Senate, particularly members of the Senate Labor and Human Resources Committee. Tell the members:
1. IDEA is critical to children with disabilities and their parents;
2. Reauthorize the law this year;
3. Oppose discipline amendments offered by Mr. Gorton;
4. Do not allow further weakening amendments to the law in areas such as related services and attorneys' fees as proposed by the National School Boards Association.
Contact the Senate Labor and Human Resource Committee: Phone 202-224-5375;
fax 202-224-6510; Robert Silverstein, Min. Staff - 202-224-6265;
fax-above
SUBJECT: Re:IDEA
Date: 96-03-15 09:27:55 EST
From: JAutism
Parents and advocates around the nation need to be clear about the IDEA reauthorization issues. Sometimes there is confusion that I fear keeps folks from writing or calling the Congress: PART B, Assistance to States, laying out the rights and responsibilities accorded to children/youth receiving special education, parents and state and local school officials, DOES NOT NEED REAUTHORIZATION because it is permanantly authorized. The Frist-Harkin Bill (S. 1578) includes a comprehensive set of AMENDMENTS to Part B.
Parts C thru H, covering programs and activities such as Parent Training and Information (PTIs), personnel preparation, programs for youngsters who are deaf-blind or those with severe disabilities, and early intervention for infants/toodlers are including in these Discretionary Grant Programs. These parts must be reauthorized this year, or funding cannot be appropriated so they can continue.
I am a mom living in Northern Virginia who represents my little organization as a volunteer in Washington, D.C. We also belong to the Consortium for Citizens with Disabilities (CCD) headed by Paul Marchand of ARC's Governmental Affairs Office.
Frankly, there are many parents and advocates around the country who don't believe that many if any of the amendments proposed in S. 1578 help our kids and families, and, in fact, much is unecessary and/or hurtful. Since many of us are "just moms/dads" and not big time professional staff, we have pretty much been tolerated, displayed, along with our children for hearings, but largely ignored throughout the past year's negotiating and writing process.
An alternative message to "Reauthroize IDEA this year" could be:
DO NOT SUPPORT current and future proposals to amend Part B of the IDEA. At a minimum, each proposed change should/must meet the following standards 1) Does the amendment FULLY maintain the rights of eligible students with disabilities to a Free Appropriate Education in the Least Restrictive Environment, or instead are these rights weakened or eliminated? 2) Is the amendment necessary because current law/regulations restrict or preclude sensible innovation that would help children and their families? 3) Is the amendmendment based on current, validated research in best educational practice?
Seen this way, it becomes clear that beyond retaining discretionary program funding (like the PTIs) there is not much to support and, sorry folks, but not much reason to thank Senator Frist or anyone else. As ADAPT would say <Piss on Pitty> This great civil rights legislation is not about doing nice things for the courageous little handicapped children. This law is the embodiment of basic Constitutional rights that many of us (my sons with developmental disabilities are 27 and 24) DID NOT HAVE before 1975. For my part, I will trade EVERY PENNY of the discretionary grants to ensure that children and youth maintain their rights in this nation's public schools.
As families, we have walked such a long road together over the past twenty years! Have courage, have faith and WRITE, CALL, BESEIGE your Senator and Congresspersons! Jamie R.
SUBJECT: IDEA D-Day
Date: 96-03-15 21:49:43 EST
From: ALauritzen
DATE: MARCH 15, 1996
NPND ALERT
The IDEA D-Day has arrived - Senate Mark Up to occur on MARCH 20TH THIS NOT A DRILL!!!!!!
IMMEDIATE ACTION REQUIRED!!!!!!
Background:
The long awaited mark up of the reauthorization of the IDEA is currently scheduled to occur on Wednesday, March 20, 1996. At the time of writing, members of the Senate Labor and Human Resources Committee are floating amendment that would substantially gut the IEP process; the ability of parents to recoup attorney's fees; cap the cost of services that local school districts would have to meet to provide services to any one student, eliminate or restrict related services; and expose students with disabilities to exclusionary "discipline" policies. These proposed amendments are changing in severity, scope and general content on an hour to hour basis. Hence, a specific depiction of the amendments would be incorrect by the time you read this.
Inside the committee, Senator Gorton has developed a coalition around him of Senators Gregg, Ashcroft, Abraham, and Coates. So far, Senators Kassebaum, Jeffords, and DeWine seem uncommitted but potentially may align themselves with Senators Frist. Without their support, Senator Frist will have to accept terribly damaging amendments in order to move his bill. Therefore, it is critical that these three Senators be motivated to support Senator Frist.
Action Steps:
In order to demonstrate the concerns of families around the country, NPND has set up an IDEA hot line with Western Union. By calling 1-800-651-1434, the message below will be handed to Senators Kassebaum, Frist, Jeffords, and DeWine. The charge for the telegram is $9.95 and can be billed to your phone or placed on Mastercard or Visa. It is critical that we pour 10's of thousands of telegrams into the offices of these four senators. THE NPND IDEA HOTLINE will be activated by mid-night March 15!!
LET THEM FEEL OUR PAIN!!!! SEND THEM A QUANTITY OF TELEGRAMS THEY WILL NOT FORGET!
WESTERN UNION MESSAGE:
Dear Senators Kassebaum, Frist, Jeffords and DeWine
On Wednesday you and your colleagues will be making decisions that will impact the lives of over 5,000,000 children and youth with disabilities. As you make these decisions keep in mind:
1. The IDEA is not a litigious law. In 1993, out of 3,227,563 students served in states with available data, only 654 (less than 100th of 1%) required due process hearings. Of those only 81 entered court appeals. 2. Students with disabilities can be effectively disciplined under current law. The data indicates that students with disabilities are being suspended and expelled at twice the rate and for the same offenses as their non-disabled peers.
3. The IEP is the heart and soul of the IDEA. Any weakening of the requirements defining what an IEP is or should be will be viewed by families as a direct attack upon their children.
4. Parents need the support of attorneys to level the playing field. In states where data is available, the presence of attorneys in meetings as deemed necessary by parents, actually reduces costs through early settlement. 5. Related services delivered by qualified personnel are essential to the provision of truly effective, individualized services to students with disabilities. Do not reduce or restrict them.
REAUTHORIZE THE IDEA BASED ON FACT. DO NOT WEAKEN THE NECESSARY PROCEDURAL
SAFEGUARDS FOR FAMILIES. DO NOT SHIRK FROM YOUR RESPONSIBILITY BY DOING NOTHING.
REAUTHORIZE A FAMILY FRIENDLY IDEA!!!!!
TO LET YOUR VOICE BE HEARD
CALL EARLY AND CALL OFTEN!!!!!
1-800-651-1434
NOW, NOW, NOW!!!!!!
SUBJECT: Re:help in Illinois
Date: 96-03-17 22:49:10 EST
From: Emrald 11
The name of the newly funded Parent Training and Information Center is Family T.I.E.S. Please call 1- 800 - 865 - 7842. Family T.I.E.S. is also granted to provide advocacy for life span. I am a resident of IL, parent of a young son with multiple disabilities and have successfully completed Partners in Policymaking. I have done effective advocating and if I can be of any assistance, please e-mail me at Pjh1443.
SUBJECT: Re: Help in IL
Date: 96-03-17 22:53:19 EST
From: Emrald 11
The name of the newly funded Parent Training and Information Center is Family T.I.E.S. They can be reached at 1-800-865-7642. They also are granted to provide lifespan advocacy. I am a resident of IL (living in suburban Chicago) and the mother of a seven year old son with disabilites. I am a graduate of the Partners in Policymaking program and have successfully advocated for others as well as my son. If I can be of any assistance orprovide any resources, please e-mail me at Pjh1443.
SUBJECT: IDEA IN BIG
TROUBLE
Date: 96-03-20 15:23:35 EST
From: ALauritzen
URGENT FAX ALERT!!!! March 20, 1996
FROM NPND AND HEATHER HEBDON, Parent & Project Coordinator PAVE/STOMP (Washington State)
WE ARE NO LONGER SEEN AS IMPORTANT. Our voice has become small and therefore of less consequence.
After coming to DC to meet with Senator Gorton and visit with other key members of the Senate working on IDEA, I am TRULY alarmed. We are not getting the message to these people. We cannot expect someone else to carry the ball.
Each and everyone of us MUST make the commitment to call, write, fax, telegram and connect time and time again with these people because they don't think we can gather the force to stop the annibilation of IDEA.
Yesterday, while visiting on the Hill, Senator Gorton let us know he considers his constituents to be the AFT and National School Board, not families and students. There is little doubt in my mind that he is not alone in that belief.
Even one we view as a friend has put cessation back into the discipline language. This is not the only new amendment.
There are so many terrible amendments already proposed I have decided not to
list them here, but be awary they are
piling up! The mark-up happens tomorrow, THURSDAY. IF YOU LIVE WITHIN DRIVING
DISTANCE OF
WASHINGTON, DC------GET HERE---BE EARLY 8:00. We need to fill the room
-DIRKSEN BUILDING, ROOM
106, FROM 9:30 - 10:30, TO BE SEEN AND HEARD.
The NPND hotline only had 733 calls for telegrams as of yesterday evening.
Little reason for those who would destroy
IDEA and the very lives of people with disabilities to be concerned.
I was always told we have 2 choices. Wecan choose to succeed or we could choose to lose. The choices are, if we act now, together with force, WE CAN SAVE IDEA, or we can choose to let it be someone else's responsbility. We are the ones who must decide. ACT and act NOW!!!. Decisively and don't stop.
The changes kept happening all day yesterday, and they continue to happen today. And what is happeingin is the DESTRUCTION of our children's future. If we do nothing, we have no one but ourselves to blame when this travesty that is being called the IDEA REauthorization passes, or we can get on the phone, call a friend, our families, those we have worked, with parents, grandparents, educators, and community people and insure that we are heard, that we are seen as the constituency again, that our voices are loud and thay we give a damn about our kids, our Nation and our humanity.
THE CHOICE IS UP TO EACH OF US!!!!!!!!
SUBJECT: Mark up is done
Date: 96-03-21 14:26:18 EST
From: ALauritzen
The Reauthorization of IDEA happened this morning as scheduled. There was only one compromise discipline amendment introduced by Sens. Harkin and Frist. The rest of the "bad" amendments will be introduced when the bill goes to the floor of the senate.
When I know more you will too.
SUBJECT: NOW WHAT on IDEA
Date: 96-03-22 15:02:53 EST
From: ALauritzen
Update: from Heather Hebdon, Parent & PTI Leader and Nancy Diehl, Parent &
PTI Director & NPND
Historical Day for IDEA - March 21, 1996
We have just returned from the Senate Mark-up Hearing on IDEA
Reauthorization. What an experience! We have a Bill that will now go forward to the Senate Floor. IDEA was in great jeopardy yesterday, but by 2:00 a.m. this morning, we are able to say that a major battle was won. The bill that goes forward was unanimously approved by the Senate Labor and Human Resources Committee. It did not have everything we, as parents, wanted, but it does have some positive components that will maintain right of children with disabilities within the public school system.
There is a discipline amendment. (Harkin and Frist) It does provide for cessation of services, but only for weapons or drug violations that are not a manifestation of the child's disability. Because of the diligence of some very talented women sent out by DREDF as well as Patty (Smith), Madeleine (Will) and Larry (Searcy), who worked with the Senate staffers, we were able to contain the issues of students with seriously disruptive behaviors. Senator Gorton did not submit his discipline amendment because of these efforts. Any bad stuff that is still in the bill, is there because in this political climate, it was the best we could get. These areas had been agreed to by the Senators in order to get a bill out.
Bottom line, with this bill - we still have FAPE (free appropriate public education), we still have LRE (least restrictive environment), we still have related services, we still have attorney's fees(with some modifications), and parents are still the vital part of the decision making process. It is mandated that parents are a part of the placement decision. Any hurtful amendments promoted during the mark-up were shot down because of the work that had gone on before hand.
Understand, this is just the Senate Committee version. It still has to go to the floor where several Senators have vowed a major fight on the floor over issues like, attorney's fee bill, punitive damages and funding of educational services. We can not relax. We must remain vigilant. We need to keep in contact with our representatives in Congress, because the attitudes regarding disability issues we experienced in the hall of our Nation's Capitol were frightening and frustrating to hear. For both of us, who were there and fighting for our children's educational civil rights twenty years ago, the rhetoric was strikingly familiar to those earlier days.
When talking to your Senators in the next few weeks, be sure to stress that we want IDEA reauthorized now with no weakening amendments. Our advise is don't get tired now. This part of the battle is won, but the war is not over!!!
SUBJECT: Braille Bill
Date: 96-03-23 09:46:44 EST
From: TeacherLys
Help!!!!!Doing research and need most current info. on the passing of a "brl. bill" as part of IDEA or in individual states. Please e-mail w/ the names of any articles you've read lately, or any other info. you know!!!!Thank you!!!
TeacherLys@AOL.com
SUBJECT: Early childhood programming
Date: 96-03-27 10:16:04 EST
From: Steve5150
I would like to know if there are any proposed regulations or bills for early childhood programs that would regulate all early childhood centers to be able to accommodate and provide appropriate care to children wiht special needs?
SUBJECT: IDEA WWW Page
Date: 96-03-28 08:39:08 EST
From: PMWilson
Senator Frist of Tennessee has a link to the IDEA Home page on his page at
URL
http://www.senate.gov/~frist/ideafs.html
SUBJECT: Re:NOW WHAT on IDEA
Date: 96-03-31 09:45:18 EST
From: Jwmlda
March 29,1996
:LDA BOARD, PAB, STATE & LOCAL PRESIDENTS, NETWORK
FROM: The PUBLIC AFFAIRS COMMITTEE
IDEA HAS A LONG WAY TO GO
You may be getting as tired of getting action alerts as we are of sending them. However, the battle to save IDEA is now entering a critical phase. Congress finally has begun to act. The process of passing a bill into law is long and involved, and there are dangers and opportunities at every step of the process. Amendments may be offered which can help or hurt students with disabilities. . Even if parts of the bills being considered, are unacceptable, it is important to continue to be involved in the process so our concerns will be heard. At some point it may be necessary to oppose a bill, but at this point,we are continuing our efforts to win consensus on an acceptable reauthoriza-tion bill. If IDEA is not reauthorized, this year, there is no assurance that Part B will not be under attack in the 105th Congress.
THE SENATE TAKES ANOTHER STEP TOWARD THE REAUTHORIZATION OF IDEA
On March 21, the Senate Labor and Human Resources Committee favorably reported out a substitute bill for S 1578, the Individuals with Disabilities Education Amendments of 1996. Some parts of this bill could hurt students with learning disabilities. Of greatest concern are:
1) the provision which allows schools to treat as a student without a disability any student with a disability who brings a gun or illegal drugs to school and whose behavior is found not to be "a manifestation" of his/her disability as they would a student without a disability. Thus, if a student without disability can be expelled without further education, a student with a disability can be treated the same way. and 2) the provision which would make the local school district the "payor of last resort" for noneducational services" (including related services and rehabilitation services) for which another public agency can be billed. The provision would also allow parents to "volunteer" to use their private insurance to pay for services.
Sen. Nancy Kassebaum. Chairman of the Labor and Human Resources Committee, introduced an amendment to limit the amount of funding that a local education agency must pay for services required for students with disabilities to the total amount of IDEA money that the LEA receives, unless such services are routinely provided to other students. The state education agency would be required to use the state IDEA set-aside funds to pay for services. Would this mean that once the IDEA money runs out, school systems would no longer be required to provide special education and related services defined by the IEP? The amendment failed on a voice vote, but Sen. Kassebaum said she would bring it up again when the bill comes to the Senate floor. Other damaging amendments also may be introduced. Senator Gorton had filed, but did not introduce, an amendment to limit payment of attorney's fee to cases in which the school system "did not intend to deny services"; and another to prohibit punitive damages under IDEA.
WHAT TO SAY TO YOUR SENATORS
Advocates in Washington plan to visit every single Senator to ask them to
support S-1578 with no weakening amendments. Folks at home need to say the
same thing while Senators are home for their Easter break. Ask them
specifically
Vote against any amendments that would weaken the promise of
IDEA.
Vote for any amendment that would restore FAPE to a child with a
disability
Vote for clarification that the local education agency must provide and
pay for needed special education and related services while
seeking
reimbursement from other sources
WHAT ABOUT THE HOUSE
At the beginning of March, the Republican staff of the House Subcommittee on Children, Youth and Families issued a third "discussion draft" and held hearings on the Reauthorization of IDEA. A bill is expected to be introduced by the end of April or the beginning of May.
SUBJECT: House IDEA
Date: 96-03-31 09:49:19 EST
From: Jwmlda
WHAT TO SAY TO YOUR REPRESENTATIVES
LDA is particularly concerned about proposals in the House Republican staff draft which proposes to:
* remove the language requiring a full educational opportunity goal for all eligible children with disabilities. because they say "all children with disabilities should be receiving FAPE". Parents would feel safer if that requirement remained in the law. MESSAGE: Retain the requirement for FAPE for all eligible children with disabilities.
*allocate funds based on percent of student population, not on the number of children with disabilities served Republican staff claim that this will discourage over-identification of children as disabled. LDA is concerned that using a percentage base will encourage the under-identification of children with learning disabilities. MESSAGE: Retain current law which makes allocation of IDEA funds on the basis of the number of students with disabilities being served.
* grant waivers to school systems of the requirement of highest professional standards if they claim they cannot find qualified personnel. MESSAGE:
Maintain the highest professional standards language of current law. States can already adjust their own standards and implemention dates.
* allow modification of Part B requirements for 10 local education agencies or groups of local education agencies who have demonstrated excellence in providing services to model school districts. It is not clear what Part B modifications would be allowed. MESSAGE: Maintain IEP and procedural safeguards for all students with disabilities, including those participating in model programs.
* reduce the state set-aside money from 25% to 10%. State education agencies are allowed to use up to 25% of their IDEA money to provide technical assistance to local education agencies, train hearing officers, monitor for compliance, and, in some states, help pay the cost of expensive residential placements. MESSAGE: maintain the 25% set aside for the state education agencies.
* deny educational services to students with disabilities who bring a weapon or illegal drugs to school whose behavior is not a manifestation of the disability. MESSAGE: Students with disabilities should be held accountable for their acts, but they should not be denied FAPE for any reason - even if they are expelled from school or incarcerated..
If your representative serves on the Economic and Educational Opportunity Committee, it is imperative that he/she hear from you before the bill is introduced.
National Parent Network on Disabilities - Alert!!! March 27, 1996
Last week the Senate Labor and Human Resources Committee reported to the floor by a 16-0 vote, S. 1578, the new version of the IDEA. The National Parent Network on Disabilities, the Disabilities Rights, Education and Defense Fund and the Center on Law and Education worked cooperatively throughout the week advocating with members of Congress and others such as the National Association of School Boards(NASB), the American Federation of Teachers (AFT) and the National Association of Elementary School Principals (NAESP) for a compromise bill. Additionally, many parents flew into DC. Another 1200 forwarded telegrams and countless others wrote and called. To say that this is a bill NPND strongly supports would be an overstatement. However, NPND believes it is the strongest bill that could be passed in the Senate. In order to understand just how bas this experience could have been for our children it is necessary to look not at the proposals that passed but rather, look at the proposals that did not pass and to gain some understanding of the atmosphere in which all of the work on this bill took place.
As the week progressed towards the day of the markup, members of the committee began penning and submitting proposed amendments to the bill. These amendments were often horrendous. For instance, Senator Kassebaum proposed an amendment that would have limited the responsibility of local school districts for providing related services to the level that could be fiscally supported by only federal funds (avg. $435 per student). Senator Jeffords proposed an amendment that would require a student to remain in an alternative placement for the duration of any disciplinary procedures even if the parent disagreed. A coalition led by Senator Gorton intended to offer their own discipline amendment unless an amendment agreed to by both the disability community and the AFT, the NASB and NAESP was developed. This amendment would have eliminated all of the basic IDEA protections as we know them and would have led to the systematic exclusion of students with disabilities from receiving a free, appropriate, public education. Some provisions of the bill, such as cessation of services for students disciplined for possessing dangerous weapons, had already been agreed to by key members of the committee and were not negotiable.
On Wednesday morning it appeared that no compromise was possible and we were developing endgame strategies to try to defeat the Gorton discipline amendment. At about 11:00 AM that morning, Senator Frist's office called a meeting and invited in members of the disability community as well as the AFT, NASB, NAESP and others. The purpose of this meeting was to walk through their discipline amendment and assure that everyone really understood abut it. Following that meeting, negotiations between the disability community and the general education community ensued in an effort to reach a compromise on discipline and stave off much more severe amendments. Representing the disability community were DREDF, the Center on Law and Education, the Consortium of Citizens on Disabilities and NPND. These negotiations went on well into the night and finally, a compromise was reached. While the pro IDEA forces were unhappy with aspects of the compromise, all parties agreed that no further discipline amendments would be offered at either the committee mark or on the floor of the Senate. This compromise also allowed Senators Frist and Harkin to defeat all other weakening amendments. On Thursday morning, the full committee marked up the bill by accepting a "substitute" bill that included the discipline compromise and a few other changes. The deleterious amendments that had been earlier proposed were either not offered or were defeated at the committee markup session. (go to part 2)
SUBJECT: IDEA-how it happened-2
Date: 96-04-01 21:10:01 EST
From: ALauritzen
NPND has from the beginning of this reauthorization pressed hared to simply extend current law, but improve the monitoring of it. The political reality in the Senate was that this was impossible. No matter what strategy was pursued, Senator Gorton could not be avoided. Without this compromise, our kids would have gotten much, much worse. Does this bill represent a victory for kids and families-----NO , absolutely not. We have taken a major step back from current law. Does this bill represent a victory for kids and families ----YES, basic protections are still in place. It is important to understand that the outcome of last week could have been a bill that essentially gutted all of the protections of the IDEA.
Now the fight must focus on the floor of the Senate and the committee level in the House. The next few months will determine the status of special education services in our country for the next 5 years. NPND will continue to fight for the very best legislation that we can get. Contact your Senators and Representatives now! Tell them to:
1. Urge Senators to co-sponsor S. 1578;
2. Ask Senators to urge quick floor action and to bring S. 1578 to the floor
through a motion of "unanimous consent" ("unanimous consent" disallows any
amendments from the floor;
3. Urge Representatives to support Mr. Cunningham's efforts to achieve a
bipartisan reauthorization.
Spring recess begins this past weekend and runs for 2 weeks. Contact your senators and representatives while they are home. Organize groups of parents and children to make visits to their offices.
SUBJECT: September Rally
Date: 96-04-02 15:16:21 EST
From: ALauritzen
JUSTICE FOR ALL RALLIES
WHO: The Disability Community United Across America
YOU, YOUR NEIGHBORS, YOUR FAMILIES, YOUR FRIENDS!
WHAT: Rallies to bring national attention to our strength, unity and contribution to society!!
WHERE: In every city, town and community - NATIONWIDE!!!!
WHEN: Sunday, September 8, 1996 at NOON (or whenever is more convenient in
your community)
This exciting series of events is being planned by the National Parent Network on Disabilities. We currently expect the support and collaboration of every major disabilities organization in the country. If you are interested in organizing or participating in a JUSTICE FOR ALL RALLY in your community, please contact:
Patricia McGill Smith or Larry Searcy
National Parent Network on Disabilities
1727 King Street, Suite 305
Alexandria, VA 22314
V/TDD: (703)684-6763
Fax: (703)836-1232
e-mail: npnd@cs.com
SUBJECT: IDEA update
Date: 96-04-06 15:28:54 EST
From: Mom424
Due to the large amounts of e-mail that Sen. Frist has received concerning
IDEA, he has created a special e-mail account. This account will provide you
with updates and important information about the status of IDEA. To receive
these updates, please send one e-mail to : IDEA@frist.senate.gov
Anne, thank you so much for keeping us up to date!!!!!!!!!!! mom424
SUBJECT:
Parent Training Centers
Date: 96-04-06 16:10:25 EST
From: Mom424
I have recently requested some financial information and board minutes from our state Parent Training and Information Center and have received a reply from an attorney stating that I cannot have the requested information. I am curious to know whether anyone else has requested such information and the response that was received. Also, if anyone is employed by or otherwise associated with a PTI, your comments on the availability of such information to taxpayers/parents of children with disabilities would be greatly appreciated. Please e-mail to mom424. Thank you for your help.
SUBJECT: IDEA
ALERT Part 1
Date: 96-04-10 00:07:23 EST
From: ALauritzen
NPND FAX TREE ALERT!
(April 9, 1996)
Background:
Over the last two years, intensive and systematic lobbying of the congress has been carried out by the National School Board Association, the American Federation of Teachers and others. This high profile lobbying campaign has taken the form of personal visits to every member of congress (more than once), articles in the national media, letters to congress (over 18,000 in the last month alone), telephone calls and a high volume fax campaign. The message carried by this campaign as sunk in with members of congress and now is presumed to be true, even in the face of hard data that proves it is not.
The message this lobbying campaign has carried to the congress portrays children and youth with disabilities as violent students unable to learn. It also portrays children and youth with disabilities as being so disruptive as to interfere with educating "typical" children who happen to be in the same classroom. Underpinning all of these messages is the message that these students cost too much. Educators regularly communicate to congress that a disproportionate amount of local education funds are being spent on special education students.
In spite of the destructive nature of this lobbying campaign, it has been effective. Three weeks ago as the Senate moved towards committee action on the reauthorization of the IDEA, NPND spent days (sunup till sundown and then some) on the hill talking to friend and foe alike. We expected our foes to resist the truth that the hard data brought to them. We did not, however, anticipate the resistance to the truth that we would encounter from those, in both parties, who have historically been our friends. Yet, we found our friends proposing amendments that would have gutted the protections of the IDEA a great deal more thoroughly than did the compromise bill that was passed by the Labor and Human Resources committee. Like it or not, members of congress have largely bought into the inaccuracies and distortions that have been promulgated by the National Association of School Boards (NASB), the American Federation of Teachers and others.
In the Senate, the fight now moves to the floor. It is critical that S. 1578 passed out of committee be considered on the floor under an Unanimous Consent Decree or "UC". If it is not, many of our foes and some of our friends will attempt to amend it in ways that will further weaken the protections for families i.e. more severely limit attorney fees; gut IEP provisions; and, severely limit or wipe out entirely the local school district's responsibility to provide related services.
In the House, the Subcommittee on Early Childhood, Youth and Families chaired by Mr. Cunningham will soon be introducing and taking subcommittee action on their own bill. Staff negotiations are going on now and reports from those talks indicate that all of the members (friend and foe alike) are very tentative on taking hard stands for children and youth with disabilities.
The Spring Congressional recess is over next week. We can expect all of the above actions to commence shortly after congress returns to town. If we hope to assure that the Senate bill gets no worse and that the House bill might be better we must implement a multi-level strategy that far surpasses any effort we have made to date on this reauthorization or possibly at any time since the passage of PL 94-142 twenty years ago!
House Economic and Educational Opportunities Committee
Phone: 202-225-4527 Room:2181 RHOB
Republicans(24) Democrats(19)
William F. Goodling, 19th-PA,* Chair William "Bill" Clay, 1st-MO,*
Chair
Thomas E. Petri, 6th-WI George Miller, 7th-CA
Marge Roukema, 5th-NJ Dale E. Kildee, 9th-MI
Steve Gunderson, 3rd-WI Pat Williams, At Large-MT
Harris W. Fawell, 13th-IL Matthew G. Martinez, 31st-CA
Cass Ballenger, 10th-NC
SUBJECT: IDEA Alert Part 2
Date: 96-04-10 00:09:10 EST
From: ALauritzen
Bill Barrett, 3rd-NE Thomas C. Sawyer, 14th-OH
Randy Cunningham, 51st-CA Donald M. Payne, 10th-NJ
Peter Hoekstra, 2nd-MI Patsy Mink, 2nd-HI
Howard McKeon, 25th-CA Robert E. Andrews, 1st-NJ
Michael Castle, At Large-DE Jack Reed, 2nd-RI
Jan Meyers, 3rd-KS Tim J. Roemer, 3rd-IN
James Talent, 2nd-MO Eliot Engel, 17th-NY
Sam Johnson, 3rd-TX Xavier Becerra, 30th-CA
Jim Greenwood, 8th-PA Robert C. Scott, 3rd-VA
Tim Hutchinson, 3rd-AR Gene Green, 29th-TX
Joseph Knollenberg, 11th-MI Lynn Woolsey, 6th-CA
Frank Riggs, 1st-CA Carlos Romero-Barcelo, Res.
Comm.-PR
Lindsey Graham, 3rd-SC Mel Reynolds, 2nd-IL
David Weldon, 15th-FL
David Funderburk, 2nd-NC
Mark Edward Souder, 4th-IN
David McIntosh, 2nd-IN
Charles Norwood, 10th-GA
Maj. Staff Dir.: Min. Staff Dir.:
Jay Eagen Gail Weiss
225-4527, 2181 RHOB 225-3725, 2101 RHOB
*Ex officio members on all subcommittees of which they are not regular members.
Grassroots Communication Strategies:
1. Telegrams:
As we did during the final days of the Senate committee markup, NPND is
operating a telegram hotline. By placing a telegram through this hotline, each caller will send a telegram to Senator Dole, Rep.Cunningham and to their own representative. The message that will be contained in the telegram is attached. Our last efforts to send such a telegram yielded 1,200 telegrams in a one week period of time. As outstanding as that effort is, it falls way short of the counter effort mounted by the NASB.
Large numbers of telegrams (20,000 minimum) send a wake up call to congress that cannot be ignored. Telegrams are especially good for parents who are not as informed or articulate on the issues as they need to be to counter arguments put on them by staff members when they call in. We have tried to hold the cost down and make the message clear. If one family alone cannot afford $9.95 to send a telegram, maybe parents and grandparents combined can.
The toll free telegram numberis: 1-800-651-1434
2. Phone Calls:
A toll free number to the capital switch board is available. Hence,
families can now call the congress free. Review the message of the telegram (attached) and express those views to your member of congress by phone. Phone callers need to target Senator Dole; their own Senators; Rep.
Cunningham; and, their own representatives. The toll free number is:
1-800-962-3524
3. Personal Visits:
Personal visits should be made to the offices of members of congress both in
their home state at their district offices and here in Washington. NPND is working to establish a parent traveling fund but right now, parents will need to raise their own travel monies. Other parents have had good luck working with the DD Council in their state or have raised funds through a consortium of disability advocacy groups in their state.
SUBJECT: IDEA ALERT Part 3
Date: 96-04-10 00:09:56 EST
From: ALauritzen
TELEGRAM TO SENATOR DOLE
Dear Senator Dole,
A few weeks ago, the Labor and Human Resources committee passed S. 1578 out of committee. Although this bill represents a major weakening in the educational rights of children and youth with disabilities, it represents the most evenhanded compromise that could be gotten through the committee. It's passage on a 16-0 vote is indicative of the bipartisan support it enjoys.
Yet there are those who wish to upset this fragile compromise. They are planning to offer even more weakening amendments to this bill. Please do not let further damage to the educational rights of children and youth with disabilities occur. Bring S. 1578 to the floor under a unanimous consent agreement. Do not allow any amendments to be offered from the floor. Save the few protections that children and youth with disabilities have left to a free appropriate education.
Please help us assure a solid future for children and youth with disabilities. Provide the leadership necessary to protect what little we have left. We are counting on you! Remember:
The IDEA is not litigious-less than 100th of one per cent go to due process-even fewer go to court.
Children with disabilities are being effectively disciplined now (based on data from Kansas).
For children with disabilities, effective related services are necessary to provide a free, appropriate, public education.
TELEGRAM SENT TO REP. CUNNINGHAM AND YOUR REPRESENTATIVE
Dear Representative ___________,
Within the next few weeks, the subcommittee on Children, Youth and Families will be undertaking legislation to reauthorize the IDEA. The decisions that this subcommittee and eventually the entire House of Representatives makes will impact the lives of over 5,000,000 children and youth with disabilities and their families. REMEMBER:
1. The IDEA is not a litigious law. In 1993, out of 3,227,563 students
served , only 654 (less than 100th of 1%) required due process hearings. Of
those only 81 entered court appeals (on discipline and all other issues).
2. Students with disabilities can be effectively disciplined under current
law. The data indicate that students with disabilities are being suspended
and expelled at twice the rate and for the same offenses of their
non-disabled peers AND NO CHILD SHOULD EVER EXPERIENCE THE CESSATION OF SERVICES!!!!!
3. The IEP is the heart and soul of the IDEA. Any weakening of the
requirements defining what an IEP is or should be will be viewed by families
as a direct attack upon their child.
4. Parents need the support of attorneys to level the playing field. The
presence of attorneys in meetings as deemed necessary by parents reduces
costs through early settlement.
5. Related services delivered by qualified personnel are essential to the
provision of truly effective, individualized services to students with
disabilities. Do not reduce or restrict them.
REAUTHORIZE THE IDEA BASED ON FACT NOT FICTION! DO NOT WEAKEN THE PROCEDURAL
SAFEGUARDS FOR FAMILIES. REAUTHORIZE A FAMILY FRIENDLY IDEA!!!!!
PLACE YOUR TELEGRAM NOW!!!! CALL 1-800-651-1434
CHANGE IN ACCESS TO HOTLINE - IT WILL NOT BE AVAILABLE TILL TOMORROW AFTERNOON. WEDNESDAY APRIL 11, 1996.
SUBJECT: 60 Minutes Program on SpED
Date: 96-04-12 09:08:00 EST
From: ALauritzen
Leslie Stahl is suppose to be doing a program on Special Education this Sunday night on 60 Minutes. It is suppose to be a very one sided program. I know many of the advocacy groups are trying to get it stopped or at least trying to give both sides of the story.
Here is part of an e-mail sent to me.
RE: CBS attack on Spec Ed
Apparently CBS 60 minutes is going to do a special on special ed where the parent attacks special ed with the following questions: "extreme costs of special education"," why don't gifted children have a right to FAPE?", shouldn't spec ed givue up some of theprotections and provisions of the law?, why are disabled children the only ones with an entitlement?, etc. etc. The executive producer is Don Hewitt at CBS in NYC at 212-975-2867. I will be calling him myself to ask him why it is such a one-sided piece! Maybe we can get it taken off the air..
60 minutes also has an E-mail address: 60M@CBSNEWS.COM
If you watch it, please send your comments to CBS.
SUBJECT: Re:60 Minutes
Program on SpE
Date: 96-04-14 00:31:23 EST
From: ALauritzen
There is a possibility that the piece has been postponed for a couple weeks.
FYI : 60M@CBSNEWS.COM
If you feel like writing.
SUBJECT: Re:60 Minutes Program on SpE
Date: 96-04-18 13:30:34 EST
From: Socadream
Thank you, Thank you ALauritzen !!!! The information you have posted here is invaluable. I am passing it along to my network of interested and active individuals. Please continue to keep us informed.
Hope others do the same!!
SUBJECT: Re:60 Minutes Program on SpE
Date: 96-04-26 07:39:39 EST
From: ALauritzen
It is suppose to be on this Sunday!
SUBJECT: House Special Ed mark up
Date: 96-04-26 07:42:42 EST
From: ALauritzen
The committee mark was Wednesday. There are no amendments. The bill goes for Full Committee mark up happens somewhere around May 1 or May 8th. The Consortium for Citizens with Disabilities has some real concerns about many sections. Contact your local Arc or UCP for a copy of the CCD Alert.
The House bill numbers is: H.R. 3268
I will keep you posted.
SUBJECT: House-IDEA-Pt.1
Date: 96-05-01 20:08:51 EST
From: ALauritzen
NPND UPDATE IDEA Mark Up in the HOUSE of REPRESENTATIVES as of April 26, 1996
Yesterday the Subcommittee on Early Childhood, Youth and Families marked up HR 3268, the House proposal for reauthorizing the IDEA. After much discussion and the offering and withdrawal of 2 amendments, the bill was passed out of the subcommittee unanimously. However, very little of the bill's substance has changed.
Based on the bill now before us, NPND must, at this time, withhold its support of HR 3268. NPND has long expressed concern about a number of the provisions contained in this bill. NPND remains concerned about:
DISCIPLINE:
NPND continues to oppose the following provisions included in HR 3268:
the cessation of services to any student, but especially, to students with disabilities. NO child should be denied a free, appropriate, public education; the placing in the hands of the principal the unilateral right to change the placement of a student with a disability as HR 3268 allows; and the use of state law definitions of weapons, drugs, and assault and battery (what is a weapon in one state should be a weapon in another state...a federal law needs nationwide definitions).
RATIONALE: All of the above provisions are based on the erroneous belief that students with disabilities are violent and that current law prevents school personnel from appropriately disciplining such students. Both views are incorrect. Current law, for instance, provides for the immediate removal of any student that the principal deems too violent or dangerous. Thus current law provides for safe schools. The "stay put" provision of current law applies only after the IEP team has met and recommended either new services, a new approach to service and/or a new placement for the student AND if a parent disagrees with the recommendations. These disagreements are rare. Less than 1,000th of 1% of all students receiving special education services go to court. But even in those rare situations in which a parent invokes "stay put", a principal can still block the return of dangerous student to his/her building by attaining a court ordered injunction. Historically, these injunctions have not been hard to get in a timely way.
Finally, the belief that the IDEA prevents schools from disciplining of students with disabilities is simply not borne out by the facts. A study of Kansas students demonstrates that students with disabilities are being disciplined at twice the rate of their non-disabled peers for similar infractions of local codes of behavior.
If public policy, in this instance, is driven by beliefs not facts, students with disabilities will suffer the most. When a student with a disability stops receiving educational services, the data show that he/she will lose more skills and have a more difficult time in returning to school on any basis.
ATTORNEY FEES: NPND opposes any constraints placed upon parents limiting their ability to gain necessary legal representation because: it is fundamentally unfair to utilize public funds to support school district attorneys but limit the use of public funds to provide attorneys for the families who are the source of the public funds in the first place: it is fiscally irresponsible to make it more difficult for families to have legal representation where and when they feel they need it; and, by limiting a family's ability to retain an attorney to fight for the educational rights of a student with a disability the student's right is likewise limited.
RATIONALE: HR 3268 requires families to file a notice of their intent to
bring a complaint into court against a school district. This policy is fueled
by the legend of the "sue happy" family. Any parent who has had to go through
a due process fair hearing let alone to court, will say that taking such a
step is a major undertaking. The data supports this view. Less than 100th of
1% of all the students in special education ever go to due process hearing
and even fewer ever go into court. It is not done quickly or
SUBJECT: House-IDEA-Pt.2
Date: 96-05-01 20:09:33 EST
From: ALauritzen
without a lot of soul searching.
Likewise, the impression this policy give is that school districts are not aware of the complaint prior to it being brought into court. In reality, most, if not all of these complaints are well known to school districts long before they arrive in court. Also implied in this policy is the assumption that, given proper notice, school districts will resolve most of these complaints. If that is true, why aren't these complaints resolved long before they ever get even close to court.
Additionally, HR 3268 proposes that parents would be eligible to receive attorney fees for only those specific issues on which the judge rules they have won. Hence, if 5 issues enter court and the parent wins 3, their attorney cannot be reimbursed for the 2 which they lost. This proposal is impracticable, unworkable, and will serve only to dampen the prospects of securing the services of an attorney.
HR 3268 also bars attorneys from participating in mediation proceedings.
This unfairly tilts these processes in favor of school districts and away from students with disabilities. In California, where attorneys are allowed in mediation, families report higher levels of success and satisfaction with the outcomes of medications in which attorneys are present. Additionally, in these situations, attorney fees are lower as issues are resolved sooner.
Hence, the presence of attorneys in meetings as families deem necessary is fiscally responsible. Barring attorneys from any class of meetings on an "across the board" basis is sure to drive legal fees up.
WAIVERS OF IDEA PROTECTIONS: NPND opposes waiving any and/or all IDEA rules
and regulations to 10 local education agencies as proposed in HR 3268,
because:
such waivers could easily gut the right to a free, appropriate, public
education for students with disabilities in those districts:
during the time these "experiments" take place, students with disabilities
could lose valuable years of education and have no legal right to redress
this loss:
students with disabilities and their families who do not want to participate
in these" experiments" have no real alternative in which to participate; and
,
depending on the waivers granted, the IEP and the whole of the IEP process could be rendered meaningless.
RATIONALE: HR3268 proposes to allow the Secretary of Education to grant waivers of IDEA rules and regulations (including statutory protections) to 10 local education agencies in order to demonstrate over a 2-5 year period how special education services might be provided without certain IDEA regulations and protections in place. NPND cannot support the waiver of basic, constitutional rights and protections on any basis but especially for this period of time in hope that some of these 10 LEAs have a better idea.
Other issues:
STATE FUNDING FORMULA: HR 3268 proposes to establish a new funding formula whereby states will receive their federal funds through he calculations of a census based formula rather than on a basis of the actual number of students with disabilities and, in fact, reinforces a disincentive to do so. Under the proposed provision, even it a state reduces the number of children served and identified, the level of federal support they receive will remain the same. Hence, cost shifting could easily occur if a state reduces the number of children it serves, the federal funds (remaining constant) will pick up a greater share of each student's cost. States will, therefore, have a financial incentive not to identify children with disabilities.
Additionally, some states that have applied this formula to themselves project that they will actually lose federal support in both the short and long term. This is not the time to reduce even further federal support for states in the provision of special education services.
SUBJECT: House-IDEA-Pt.3
Date: 96-05-01 20:10:31 EST
From: ALauritzen
PERSONNEL DEVELOPMENT: NPND opposes HR 3268's provisions that eliminate the change in the traditional federal role in personnel development. By eliminating the federal responsibility of assigning funds consistent with nationally scoped needs, the act encourages only a limited view of needs. This limited view could lead to a mismatch of funds that do not address the real national needs. The method of addressing personnel preparation through the traditional federal role makes sense. It is not a question of reconfiguring how personnel preparation occurs, it's a question of providing an appropriate level of resources to get the job done.
COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT(CSPD): HR 3268 proposes to eliminate the CSPD. Historically, the CSPD has provided a national snapshot of, amongst other things, the total number of personnel in the field; the number of personnel working by way of temporary certification, and the number of vacancies In short, the CSPD allows for the projection of need such as personnel development, preservice training, inservice training, and other critical factors in addressing the national personnel need of special education. Instead of a snapshot of needs this proposal will produce 50 tunnel visioned parts of needs. NPND opposes the elimination of the CSPD.
PERSONNEL STANDARDS: HR 3268 would allow states to grant waivers in personnel standards for a wide variety of reasons. The only situation in which such a waiver should be allowed is when a severe shortage of personnel exist. Even in this situation, waivers should be time limited and the state or LEA should be held accountable to demonstrate that they are taking active steps to remedy the shortage during the time that a waiver is granted. Students with disabilities should not be routinely exposed to unqualified, unprepared deliverers of service. Currently, most states already have in place the procedures necessary to allow for the temporary certification of personnel to address shortages on a case-by-case basis. Additionally, the HR 3268 provisions would apply to "any public agency affected" . Hence, these provisions may be interpreted to violate a state's right to establishing licensure standards for a variety of professions. NPND opposes these provisions of HR 3268.
CAPTIONING AND VIDEO DESCRIPTION: NPND opposes the HR 3268 provisions limiting funding for captioning and video description solely to "educational programming" . These funds have been historically used as "seed" Moines offered to private businesses to initiate captioning and video description for a wide assortment of national media. As a result, all national primetime and children's program's on network broadcasts are captioned, primarily through such leveraged funding. Captioning and video descriptions provides access to the cultural and political mainstream of our society. NPND opposes the limiting of these funds and the resultant increase in the isolation of people with hearing and sight disabilities.
SUBJECT: House-IDEA-Pt.4
Date: 96-05-01 20:11:11 EST
From: ALauritzen
PART I-FAMILY SUPPORT: HR 3268 would repeal Part I, the Family of Children with Disabilities Support Act. This legislation was designed to encourage states to merge a wide variety of programs into a support system that allows facilities to define their own needs and broker the services they need. It was based on a growing body of data that indicates that when families re empowered thorough the control of resources, substantial public cost saving are accrued and families are also better served. Part I provides the necessary seed funding for states to develop real systems of cooperative, interagency, service delivery and holds out the hope for a reduction in state level bureaucracy by returning control of service decisions to the local level by empowering families. NPND oppose the repeal of Part I.
ACTION NEEDED: We must continue to communicate with Congress. The next mark up in the House will not occur until sometime after May 8th. Floor action will come much later than that. The NPND telegram hotline will remain up through floor action. Remember 3 telegrams costs only $9.95 ($3.35 each)
1-800-651-1434
The telegram action so far, is pretty bad. We are way far away from the 20,000 we do would make an impact. As of the date of this Alert only 231 telegrams have come in from all over the country.
SUBJECT: Re:House-IDEA-Pt.4
Date: 96-05-02 11:19:58 EST
From: Mom424
Dear ALauritzen, I am really concerned more people have not used the telgram
service offered by NPND. I had parents calling back stating how great this
service was. It is so easy. Something most of us are not use to and are glad
to have. A big thanks to you for providing us with updates and a big thanks
to NPND for providing us with a wonderful service!!!!!! mom424
SUBJECT:
Re: House-IDEA-Pt.4
Date: 96-05-02 13:15:33 EST
From: ALauritzen
MOM424,
Can you get the parents you know document the time and dates they sent telegrams. Then e-mail the information to me. Thank you :)
SUBJECT: MAY 7-CALL
IN DAY
Date: 96-05-02 18:32:24 EST
From: ALauritzen
Join a national call-in day on May 7 to support a positive reauthorization of IDEA by contacting your member of the House of Representatives. Urge them not to weaken IDEA.
Capital Switchboard: 1-800-962-3524
SUBJECT: Add your Support to IDEA Pt1
Date: 96-05-03 21:10:31 EST
From: ALauritzen
National I.D.E.A. Call-in Day Scheduled for May 7, 1996
An unprecedented bipartisan new coalition representing students, parents, general and special education teachers, administrators, and other professionals, school districts, higher education and others concerned about the reauthorization of I.D.E.A. formed this past week. The organizations in this coalition strongly support reauthorizating the Individuals with Disabilities Education Act (I.D.E.A.) However, we share grave concerns about H.R. 3268, the House Education and Economic Opportunity Committee's bill to reauthorize I.D.E.A., and cannot support it as currently written.
Instead of starting with current law and amending it as necessary, H.R. 3268 completely overhauls the nation's federal special education law. While some of the changes in the Committee bill do make improvements to current law, other provisions are unacceptable. Many changes are either unclear or have uncertain administrative and programmatic impact. Some provisions in H.R. 3268 will add considerable new costs.
Given the overall departure of this bill from current law and the serious concerns of parents and the general and special education communities, the new coalition has collectively written to the Committee requesting an alternative approach. The coalition recommends that we start with the current law, including the positive improvements in H.R. 3268, and then make only the positive chang4es that are agreed to by parents, administrators, teachers, and related service providers as absolutely necessary. The coalition pledges to work closely together and with the committee to reach consensus on these issues. However, it is critical that enough time be allowed before the full committee mark-up for this critical work to take place and those most directly concerned with this law must be included in this process.
How can you help? Everyone who supports a positive reauthorization of I.D.E.A. is strongly urged to join us in a National call in day on May 7. Call you Member of the House of Representatives through the Capital switchboard at (202) 224-3121 or reach the Capital switchboard toll free by calling 1-800-962-3524. If you prefer not to speak with congressional staff or can't call during regular office hours, make your voice heard through an IDEA Hotline telegram by calling 1-800-651-1434. Each call to the IDEA Hotline will send a telegram to Speaker Gingrich, Rep. Goodling and to your own personal member of the House (zip code match for your own Representative). The cost of all three telegrams is $9.95 ($3.32 each) Ask your friends and family members to call or send telegrams as well. While the national call in day is scheduled for May 7, don't delay-start calling today!!!
OUR COLLECTIVE VOICES MUST BE HEARD!!!!!!!
Contact your Member of the House of Representatives with this message:
1) The IDEA is a good law that needs fine tuning, not a regressive overhaul.
2) We cannot support HR 3268, the Committee bill, as now written. The bill
adds significant costs and reduces protections for children.
3) IDEA needs to be reauthorized with no weakening amendments.
4) Please postpone the committee mark-up scheduled for May 9.
5) Parents, educators, and other advocates have come together to achieve a
consensus on the reauthorization of IDEA and they must be heard!
SUBJECT: ADD your Support to IDEA Pt2
Date: 96-05-03 21:11:25 EST
From: ALauritzen
TO: Individuals and Organizations Concerned about I.D.E.A.
FROM: The I.D.E.A. Reauthorization Coalition
The organizations listed on the enclosed letter to Representative Goodling, Chairman of the House Economic and Education Opportunities Committee, have formed a new coalition this week. While we strongly support the reauthorization of I.D.E.A., we have serious concerns about the House Committee bill, H.R. 3268, and cannot support the bill as now written. This letter lists just a few examples of both positive improvements in H.R. 3268 and provisions of serious concern. Some of the changes to current law are just unacceptable. Other changes would add significant costs.
IF you or your organization would like to sign on to the letter to Mr.
Goodling, please advise NPND by returning a fax (1-703-836-1232- or e-mail to npnd@cs.com . State in your fax or e-mail that YES-you or your organization wants to "sign-on" to the letter to Mr. Goodling! Give your name, your organization, your phone number, your fax number. This has to be into the NPND office no later than NOON EST on MONDAY MAY 6th.
A copy of the letter to Mr. Goodling will be shared with each Member of Congress (435) with a short cover letter. We welcome your participation and want to work with all people and organizations that support a positive reauthorization of I.D.E.A.
The Committee mark-up is now scheduled for May 9. We need your help in letting the Member of Congress know that the committee bill needs to be revised: mark-up must be postponed while a consensus is reached; and we must work together on this important legislation. Please join our organizations in distributing the enclosed action alert to your membership in the next 24 hours and support the national call-in day on May 7. If you are not in an organization, get the word out to other parents that you know. Without a massive "wake-up call" the reauthorization will proceed without stakeholders' input. You may wish to prepare your own cover letter to accompany the alert and perhaps include the list of organizations supporting this effort in the letter. Also, you could type in your organization's name at the top of the action alert or revise the alert. However, it is critical that we all have the same message, which is listed at the end of the alert!
It is unprecedented for these diverse organizations to come together to
build consensus. While we are sometimes on different sides of various issues,
it is critical that we now come together as friends to reach an agreement on
this important legislation
National Parent Network on Disabilities
Fax: 1-703-836-1232
E-mail: npnd@cs.com
Please contact NPND no later than NOON EST on Monday, May 6th.
MESSAGE: YES-you or your organization wants to "sign-on" to the letter to Mr.
Goodling!
Give your name, your organization, your phone number, your fax number.
SUBJECT: Add your Support to IDEA PT3
Date: 96-05-03 21:13:44 EST
From: ALauritzen
The letter from the REAUTHORIZATION COALITION to Mr. Goodling
Dear Congressman Goodling,
The IDEA has, over the last twenty one years, provided the necessary educational underpinning for student with disabilities that have allowed them to become productive, tax paying citizens. Today some five million children and youth are receiving special education services. The IDEA is a good law that needs fine tuning not an overhaul.
In the very near future, the Economic and Educational Opportunity Committee will be considering the IDEA Improvement Act of 1996 (H.R. 3268). We, the undersigned organizations, which represent school districts, higher education, general and special education administrators, teachers, other professionals, parents and students, have grave concerns and cannot support it as now written. We hope to have the opportunity to work with you and the Committee to produce a consensus legislative proposal to strengthen and reauthorize the IDEA.
Please do not interpret our lack of support as an outright rejection of all the provisions of HR 3268. We believe some of the provisions contained in the bill do make improvements to current law. These provisions include mediation, streamlined reevaluation procedures, including parents as members of the placement team, requiring regular classroom teachers as members of the IEP team, and, increased participation in the general curriculum are positive steps in the right direction.
However, many other provisions in the bill, such as the cessation of educational services are unacceptable and others are either unclear or have uncertain administrative, programmatic and financial impact. In essence, this bill contains many departures from current law that do not improve on current law. Such departures include changes that would weaken personnel preparation, would impose additional, new, unnecessary federal procedures regarding the implementation of state professionals standards(shortages); and, changes to the IEP process that are of deep concern to parents and educators.
We recognize that a great deal of energy has gone into provisions designed to "more effectively discipline" students with disabilities. We all want safe schools. After much discussion, it appears that a solution agreeable to all of the stakeholders in this issue is attainable. Our concern, however, is that the discipline controversy, has dominated the reauthorization process and as a result, the issues of a quality instructional day have not receive the attention they require.
Given the overall departure of this bill from current law and the serious concerns of the general and special education communities as well as parents, we collectively ask that the Committee consider an alternative approach. We respectfully recommend that we start with the current law, add on the positive improvements of H.R. 3268 and then make positive changes that are agreed to by administrators, teachers, related service providers and parents as absolutely necessary. It is critical that enough time be allowed before the full committee mark-up for this consensus building process to take place.
We know this last year has been marked by extremely hard work by you and your staff. We understand that our request may be viewed as dilatory. We hope, however, that you agree with us that a positive reauthorization of the IDEA with widespread support is worth the additional time, cooperation and effort that our request entails. Thank you for your long-standing interest in the education of students with disabilities and for your consideration of our request.
National Parent Network on Disabilities American Speech-Language-Hearing
Association
American Association of School Administrators Council of the Great City
Schools
National Education Association Justice for All
National Association of Secondary School Principals Council for Exceptional
Children
Washington State Special Education Coalition The ARC
National Down Syndrome Congress National Easter Seal Society
MOR
SUBJECT: ADD your Support to IDEA pt4
Date: 96-05-03 21:16:35 EST
From: ALauritzen
American Association of Audiology National Association of School
Psychologists
National Mental Health Association National Association of Music Therapy
The Learning Disabilities Association of America National
Association of Protection &
Advocacy Systems
American Psychological Association Bazelon Center for Mental Health Law
National Association of Developmental Disabilities Councils
National Consortium of Physical Education & Recreation for Individuals with
Disabilities
Brain Injury Association Higher Education Consortium for Special Education
American Academy of Child and Adolescent Psychiatry Washington PAVE
Specialized Training of Military Parents (STOMP) Parents' Union
Virginia Parents Advocating & Involved in Special Education
SUBJECT: Re:Add your Support to IDEA
Date: 96-05-05 09:02:33 EST
From: Jwmlda
FYI MAY HOUSE HAS A BAD IDEA
FYI MAY
LEARNING DISABILITIES ASSOCIATION
OF AMERICA
4156 Library Road Pittsburgh PA 15234 412/341-1515 FAX
412/344-0224
MAY 4, 1996
TO: LDA BOARD, PAB, STATE AND LOCAL PRESIDENTS, NETWORK
FROM: PUBLIC AFFAIRS COMMITTEE
Some regular education as well as special education groups and advocates agree that they cannot support H.R. 3268, the IDEA Improvement Act of 1996, as now written. They will be meeting to develop recommendations to pass on to the Economic and Educational Opportunities Committee before they meet to vote on the bill. That meeting is scheduled for May 9. Supporters of IDEA are urged to join in a National Call-In Day on May 7 with the message:
* IDEA is a good law which may need fine tuning, but not a regressive overhaul.
* We cannot support HR 3268 as now written because it reduces protections for children and adds significant costs
* Please postpone the scheduled May 9 markup until the concerns of parents and educators are expressed in detail.
Call the Capitol Switchboard at 202/224-3121 or 1-800651-1434 and ask to speak to your Representative. If you prefer, you may send a telegram to Reps. Newt Gingrich, William Goodling, and your own Representative for $9.95 by calling 1-800-651-1434.
The following are LDA's concerns which we share with the CCD Education Task Force.
HOUSE HAS A BAD IDEA, p 2
LDA HAS GRAVE CONCERNS ABOUT H.R.3268, THE INDIVIDUALS WITH DISABILITIES
EDUCATION IMPROVEMENT ACT OF 1996 AS PASSED BY THE HOUSE OF REPRESENTATIVES
SUBCOMMITTEE ON EARLY CHILDHOOD, YOUTH AND FAMILIES AND WITHHOLDS IT SUPPORT
FOR THE BILL UNTIL IT IS SIGNIFICANTLY MODIFIED.
LDA is encouraged by portions of HR 3268, particularly in the areas of including students with disabilities in state and district assessments; maintaining the preschool and early intervention programs; lowering the for planning transition to 14; and development of an IEP which considers special needs of certain children, such as behavior management plans for children whose behavior may impede learning.
HOWEVER, WE HAVE SERIOUS CONCERNS ABOUT MANY OTHER AREAS. Changes must be
made to the provisions dealing the procedural safeguards for children with disabilities, such as discipline and attorneys fees; waivers for local educational agencies; and with the need to maintain personnel standards, assurance of qualified personnel and the comprehensive system of personnel development. Additional information on these items are attached.
UNTIL THE ECONOMIC AND EDUCATIONAL OPPORTUNITIES COMMITTEE SATISFACTORILY
ADDRESSES OUR CONCERNS, WE MUST WITHHOLD OUR SUPPORT FOR H.R. 3268. OUR
MESSAGE IS VERY CLEAR:
THE RIGHTS OF CHILDREN WITH DISABILITIES CANNOT BE REDUCED.
IDEA LEGISLATION CANNOT BE ENACTED WITHOUT BIPARTISAN SUPPORT AND THE
SUPPORT OF THE DISABILITY COMMUNITY.
ISSUES TO BE RESOLVED IN THE HOUSE IDEA BILL
CURRICULUM SPECIALISTS AS RELATED SERVICE PROVIDERS. The addition of "such developmental, corrective, and other supportive services (including curriculum content specialists services such as services provided by reading and math specialists", would add a class of professionals who may not have any training or expertise in working with children with disabilities to the list of professionals who have had such training. Such a change not only would change the emphasis of IDEA from "specially designed instruction" based on the needs of an individual child to a remedial program but also would greatly increase the cost of related services. LDA urges the Committee to delete regular educators from the list of related service providers.
WAIVERS OF LOCAL EDUCATIONAL AGENCIES The language which allows the
Secretary of Education of "modify any requirement" of the Act" could be
interpreted to deny children with disabilities their right to a free
appropriate public education, an IEP based on the child's individual needs,
an annual IEP r
SUBJECT: Re:Add your Support to IDEA
Date: 96-05-05 12:57:49 EST
From: ALauritzen
I hope you all have e-mailed NPND with your support of the Reauthorization Coalition stance of not supporting HR 3268.
It is easy, no postage, just e-mail npnd@cs.com - tell them you support the Coalition, your name, and where you are from.
Remember copies of the letter to Rep. Goodling is going to every House member. It would be great to have names from every state.!!!!!!
This is very important.
SUBJECT: Re:House-IDEA-Pt.4
Date: 96-05-06 14:38:46 EST
From: BLiving769
Ann,
I have send telegrams twice now, but I cannot tell you the dates or times.
BLiving769
SUBJECT: Re:Violence in Schools
Date: 96-05-06 14:45:59 EST
From: BLiving769
I don't know aboout CA, but in MS the court would appoint an attorney for the child since he is a minor. Has the parent asked about a court appointed attorney?
SUBJECT: PA Early Intervention
Date: 96-05-06 20:11:17 EST
From: RGrif10S
Governor Ridge's budget proposal includes a withdrawal from Part H of IDEA (age 0-3). This has sparked an enormous amount of controversy among parents of children with disabilities and educators. Today I heard a rumor that Gov. Ridge is backing off that proposal. Can anyone out there confirm?
SUBJECT: Re:PA Early Intervention
Date: 96-05-07 09:31:34 EST
From: ALauritzen
Call your state ARC - they should know. Or else your DD council, parent training center or department of education.
SUBJECT: The latest on House IDEA
Date: 96-05-10 09:19:16 EST
From: ALauritzen
On Wednesday, the House Committee postponed the mark -up of the reauthorization of IDEA. The next hearing date on HR 3268 is not known. The National Parent Network on Disabilities and other advocacy organizations are working hard to negotiate the proposed legislation to a better end.
Stay tuned!
SUBJECT: Sexual Assault and IDEA
Date: 96-05-10 15:42:07 EST
From: NancyCels
IDEA rules and regs currently in place are victimizing my daughter who is learning disabled. She was sexually assaulted by another 8th grader who is also learning disabled. Due to IDEA regs this boy will only be suspended 5 days. And at the max, no matter what he does to her, he cannot be suspended more than 15days in a given school year. This is insupportable. IDEA rules and regs were not meant to protect students who are guilty of criminal conduct. NORA's should be invalidated by any criminal activity a student takes part in if it effects the social, educational or psychological well-being of another student. Please, write to implement changes in IDEA that support victim's rights.
SUBJECT: Re:Sexual Assault and IDEA
Date: 96-05-11 10:42:40 EST
From: RhoLaren
The people posting on this board do not seem to want the changes you suggest. Write to the people they have listed. Say you want the rules changed. Tell the politicians what happened to your daughter and that you are also an IDEA parent. No one wants to change the rules for the majority of these kids, but, unfortunately, in many cases, violent, pathological kids and their parents are using the regs to be able to get away with murder, or in this case, rape. We must differentiate between behaviors that need to be overlooked, and behaviors which must supercede anything in IDEA. Only you can do it.
SUBJECT: Re:Sexual Assault and IDEA
Date: 96-05-12 12:47:39 EST
From: SusanS29
"The people posting on this board do not seem to want the changes you suggest. "
Now, just a minute, Rho.
Please do not speak for others on the board.
The information Nancy was given about the rules are *incorrect.* The law doesn't need to be changed to protect Nancy's daughter; the law *as already in place* needs to be implemented.
"... in many cases, violent, pathological kids and their parents are using the regs to be able to get away with murder, or in this case, rape."
Again, the only way this can happen is if the *school districts involved* disregard or misinterpret the rules that have been in place for years.
Certainly justice needs to be done here, but please, everyone-let's not speak for each other.
Here's what the rules actually state. A student can't be suspended for more than ten days without it being a change of placement.
But changes of placement are done all the time, and that's what's *called for* here.
But any school district that thinks suspension is an appropriate response to sexual assault has some very serious problems already.
Nancy, in another message/folder I gave you some specific suggestions for how to approach this. It's what the school told you, but it isn't how things really are.
SusanS29, Host
SUBJECT: Re:Sexual Assault and IDEA
Date: 96-05-12 19:23:51 EST
From: RhoLaren
Thank you. You are so correct. So, unfortunately, am I. You do know the law better than I. You are correct in saying that a meeting for change in placement is mandated. However, if you have read some messages on other boards, you would hear of cases where the parent said no to the alternative placement. When that happens, it is up to the schools to pursue further, you are right. Schools are swamped and scared and who knows what else. I appreciated you clarifying.
The state you are in also determines what happens next. All in all, the situation is very confusing. I have read the law. Have tracked the law since 1975 or so when it was PL 04-142.
There are still teachers who are not aware of the discipline provisions of the law.
SUBJECT: Re:Sexual Assault and IDEA
Date: 96-05-12 20:57:13 EST
From: SusanS29
"However, if you have read some messages on other boards, you would hear of cases where the parent said no to the alternative placement. When that happens, it is up to the schools to pursue further, you are right. "
Except that in this case there are two special needs children and two sets of parents. In this case the parents of the assaulted girl are in a very strong position to press their case.
And ... they can win.
The state will determine the *procedure, you're right, but this young girl's protection comes from federal, not state law.
If the parents fail to get satisfaction via IDEA procedures they can file a complaint with the Office of Civil Rights, who won't care a whole lot what steps the individual state uses to enforce federal law. They'll be very interested in the degree to which the school district does not understand its responsibilities.
It won't happen overnight, but OCR is not terribly expensive-no lawyers allowed.
SUBJECT: Re:Sexual Assault and IDEA
Date: 96-05-13 08:06:13 EST
From: ALauritzen
I am jumping in with a question: Have criminal charges been filed against the boy that assaulted your daughter? You do have that recourse also.
SUBJECT:
Re: Sexual Assault and IDEA
Date: 96-05-13 09:01:14 EST
From: RhoLaren
Dear SusanS29,
You had a good idea about going to the Office of Civil Rights with a complaing. The efficacy of doing that might depend upon where you live. It seems each state may or may not have much latitude in whatever internal procedures that make an agency responsive or not. Where I live, there was a major expose in one of the newspapers about the OCR and its failure to comply with its mission. Let's hope the mother in question lives in a state whose OCR has a better record.
Re. someone's comment about the police. A close friend is a policeman and he has indicated that the police are in a fuzzy area regarding IDEA students (he did not use the phrase IDEA). Let me check with him further and get back to the board. What I got out of his statements was that the schools use the police for doing the disciiplining of the students that basically they should be doing, and the police really are not empowered to do that. He understood why the schools were calling the police for a segment of their students, but still indicated that his hands were tied.
Yes, the student can be removed, a process which can take up to two years if the process has to go to court, etc. Meanwhile, the child stays "in situ", in the regular class, in this case.
Most of the time IDEA works wonderfully, and I am not suggesting dismantling it. But, there are loopholes which must be closed.
SUBJECT: Re:Sexual Assault
and IDEA
Date: 96-05-15 10:16:41 EST
From: NancyCels
Yes, criminal charges have been filed by my daughter(w/our support)...she is still being harassed by two other boys at school who are constantly asking her "if she enjoyed it" or other similar comments. School has spoken to the boys, but has not reached the parents of one of them as yet. Meanwhile, it continues. I am appalled that the district is so unresponsive to a victim's rights. I thank you all for your support, and information.
SUBJECT: Re:Sexual
Assault and IDEA
Date: 96-05-15 10:21:49 EST
From: NancyCels
Rho... I am not suggesting we dismantle IDEA rules and regs... just tighten them to protect our children from criminal activity. If a student commits a criminal offense, it shd result in nullification of his NORA with reassignment to a more restrictive setting. By his actions, he has indicated that the lack of restriction has resulted in too much freedom to commit a crime. This would protect students who need it, while not dismantling IDEA.
SUBJECT: Re:Sexual Assault and IDEA
Date: 96-05-15 17:08:59 EST
From: SusanS29
"Yes, the student can be removed, a process which can take up to two years if the process has to go to court, etc. Meanwhile, the child stays "in situ", in the regular class, in this case. "
NOT necessarily.
IDEA does *not* mean that other students cannot be protected. Any school district that thinks so... needs to do a little more research.
SUBJECT:
Re: Sexual Assault and IDEA
Date: 96-05-15 17:11:53 EST
From: SusanS29
"Yes, criminal charges have been filed by my daughter(w/our support)...she is still being harassed by two other boys at school who are constantly asking her "if she enjoyed it" or other similar comments. School has spoken to the boys, but has not reached the parents of one of them as yet. "
Have you contacted the Office of Civil Rights yet? Maybe you should have your lawyer write a letter to the school right now informing them that all harassment must stop. Even if this means that a full time aide has to be assigned to the trouble-makers, it *must* be done.
There are many creative ways to deal with this situation without violating anyone's rights any further. The school does not have the option of saying they don't know what to do, their hands are tied, they haven't reached the parents (what can the parents realistically do anyway? Not much), or any other lame, tired excuse.
If they get a letter from your lawyer it may cost your $50 but it will be a real wake-up call for the school.
SUBJECT: Re:Sexual Assault and IDEA
Date: 96-05-16 07:31:29 EST
From: Ratatat
<<.she is still being harassed by two other boys at school who are constantly asking her "if she enjoyed it" or other similar comments. School has spoken to the boys, but has not reached the parents of one of them as yet.
Meanwhile, it continues. I am appalled that the district is so unresponsive
to a victim's rights. I thank you all for your support, and information.>>
Question. What have you, the parent, done about these other children other than reporting it to the school and asking them to get a handle on it. If this were my child I would be calling the parents of these two other boys and explaining to them that I am keeping a diary of every comment and incident that my daughter has each day that involves their sons so that I have complete documentation should I need it. I would then suggest that it might be a good idea if they told their children not to speak to my child. And, then I would tell the school about my phone calls to the parents.
I have actually done this...and it works.
SUBJECT: Re:Sexual Assault and IDEA
Date: 96-05-16 10:25:15 EST
From: RhoLaren
Nancy, you and I are in agreement. I hope I communicated that to you.
SUBJECT:
Re: Sexual Assault and IDEA
Date: 96-05-16 10:29:50 EST
From: RhoLaren
Sorry, Susan, sometimes it does take that long. Maybe you work in a district that does not have that type of problem. Court cases can take two years at times. Check some of Al Shanker's columns that appear in the Sunday NY Times.
Whether or not the school system or the courts or misreading of IDEA is at fault, I do not know. I do know that these situations do occur. If we want to improve conditions, maybe we have to acknowledge the problems and work to correct them. I am not trying to cause trouble, we need to work on solutions to these loopholes.
SUBJECT: Re:Sexual Assault and IDEA
Date: 96-05-16 20:08:20 EST
From: SusanS29
"Sorry, Susan, sometimes it does take that long. Maybe you work in a district that does not have that type of problem. Court cases can take two years at times. Check some of Al Shanker's columns that appear in the Sunday NY Times. "
Sure... court cases take a very long time. They're also extremely expensive.
That's why I recommended OCR.
While it may not be perfect, this is a *horrendous* situation and I can't imagine discouraging this parent from taking action, and as swiftly as possible.
SUBJECT: Re:Sexual Assault and IDEA
Date: 96-05-17 23:00:46 EST
From: RhoLaren
Susan -
OCR sounds good if the unit in your state is good. In my state, one of the major newspapers did an expose on how the agency was not fulfilling its mission. The statistics and stories where very discouraging. OCR would not do this person, or anyone else, any good in a state such as the one I live in.
SUBJECT: Re:The latest on House IDEA
Date: 96-05-18 00:07:07 EST
From: Jwmlda
IDEA ALERT 15 SUPPORT FOR CONSENSUS ON IDEA NEEDED IDEA ALERT 15
LEARNING DISABILITIES ASSOCIATION
OF AMERICA
4156 Library Road Pittsburgh PA 15234 412/341-1515 FAX
412/344-0224
MAY 17 1996
TO: LDA BOARD, PAB, STATE AND LOCAL PRESIDENTS, NETWORK
FROM: PUBLIC AFFAIRS COMMITTEE
ADVOCATES REACH CONSENSUS ON CHANGES TO HOUSE IDEA BILL
After nine days of intensive discussions, representatives from regular education, special education and disability groups agreed upon a number of changes to HR 3268 which would allow the IDEA reauthorization process to continue without opposition from these groups. Agreement was reached because every group that participated worked hard to find a common ground that would answer the needs of all groups and assure the appropriate education for all children with disabilities. Issues on which consensus was reached included:
* the IEP, transition, evaluation and reevaluation;
* deletion of curriculum specialists from the list of related services providers;
* highest personnel standards and personnel development:
* discretionary programs, including Part H;
* collection of data by disability category:
* over-identification of minorities:
* interagency agreements on payment for related services:
* state set-asides and policy letters;
* mediation:
* attorneys fees: and
* discipline.
Although there was some agreement on discipline/school safety, two of the participating groups (the National School Boards Association and the American Federation of Teachers) were adamant in their support for the House provision which allows cessation of services for a child with a disability who 1) brings a weapon to school, 2) possesses, uses, or sells illegal drugs; or 3) causes serious injury and whose behavior is found NOT to be a manifestation of the disability.
(Data show that the majority of students Jwith disabilities who are expelled are students with learning disabilities AND that they are twice as likely to be expelled as their nondisabled peers.
The proposed changes have been presented to and discussed with the staff of the Economic and Educational Opportunities Committee with the understanding that if all of the recommendations be accepted AND that there be no cessation of services for students with disabilities, the 30 national organizations which support the changes AND oppose cessation of services can support the legislation.
The Committee is scheduled to vote on HR 3268 as early as Wednesday, May 22.
Committee staff have said that they will let the groups know if they will accept the proposed changes on Monday, May 20. As soon as that decision has been made, another alert will be sent out.
ACTION NEEDED: Please phone, fax, or call the members of the House Economic and Educational Opportunity Committee (see attached) as soon as possible.
THE MESSAGE:
IDEA LEGISLATION MUST HAVE BI-PARTISAN SUPPORT AND THE SUPPORT OF THE
DISABILITY COMMUNITY
SUPPORT THE CONSENSUS PACKAGE DEVELOPED BY PARENTS, AND REPRESENTATIVES OF
REGULAR AND SPECIAL EDUCATION
OPPOSE THE CESSATION OF SERVICES TO CHILDREN WITH DISABILITIES
THE ECONOMIC AND EDUCATIONAL OPPORTUNITIES COMMITTEE
33O1 RAYBURN HOUSE OFFICE BUILDING WASHINGTON DC TEL 202/225-4527
MEMBER NAME ADDRESS
PHONE(202) FAX (202)
*Rep. Robert E. Andrews D-NJ lst RHOB 2439 225-6501
225 6583
2181 COMMITTEE ON ECONOMIC AND EDUCATIONAL OPPORTUNITIES
Rep. Cass Ballinger R-NC l0th RHOB 2238 226-2576
225-0316
Rep Bill Barrett R-NE 3rd LHOJ3 1213
225-6436 225-0207
Rep. Xavier Becerra D CA 30th LHOB 1119 225-6235
225-2202
Rep Michael N. Castle R-DE AL LHOB 1207 225-4165
225-2291
Rep. William L. Clay D-MO lst RHOB 2306 225-2406
225-1725
Rep. Randy "Duke" Cunningham R-CA 51st CHOB 227 225-6452 225-
SUBJECT:
Re: Sexual Assault and IDEA
Date: 96-05-18 11:28:46 EST
From: SusanS29
I understand that this is the case where you are, Rho... but in most states they do an outstanding job.
I coach parents from all over the country about how to assert their rights within the system and haven't seen OCR drop the ball yet. I'll grant you it's the case where you are but it's not a universal problem.
It's a place to start. It's fast, it's cheap (no lawyers; the major expenses are photocopies and faxes when you want to get something to or from them in a hurry-if you don't have access to a fax machine that can be expensive).
And if OCR doesn't work there are still lots of other (more expensive, more time-consuming) avenues to follow.
I'm sorry to hear it's not working well in your area but that's not a universal problem-thank goodness. So I'm not going to back down. This parent needs to be empowered.
SUBJECT: Re:Sexual Assault and IDEA
Date: 96-05-18 12:26:30 EST
From: RhoLaren
Good for you. And I am glad the OCR works where you are. I was not against the parent going. It seemed, though, that if the OCR works in her area as in mine, she would get still another slap in the face. You would do us all a service if you could post other agencies to contact if OCR is not forthcoming. It is nice to find someone with the knowledge and willingness to share.
SUBJECT: parent/educators idea partne
Date: 96-05-21 21:14:05 EST
From: Jwmlda
IDEA FYI 13 COALITION LETTER TO THE HOUSE EEOC IDEA FYI 13
LEARNING DISABILITIES ASSOCIATION
OF AMERICA
4156 Library Road Pittsburgh PA 15234 412/341-1515 FAX
412/344-0224
MAY 21 1996
TO: LDA BOARD, PAB, STATE AND LOCAL PRESIDENTS, NETWORK
FROM: PUBLIC AFFAIRS COMMITTEE
The following letter, which expresses the concern of the Parent/Educators IDEA Partnership (the consensus coalition), will be hand-delivered to each member of the House Economic and Educational Opportunities Committee tomorrow.
The Parent/Educators IDEA Partnership wishes to strongly reiterate to the House Economic and Educational Opportunities Committee our support for the consensus recommendations concerning the reauthorization of the Individuals with Disabilities Education Act as conveyed to the Committee Majority and Minority leadership on May 14. Movement from this consensus places our support in serious jeopardy.
Based on what we learned from the Majority staff during our meeting on IDEA on May 20, a substantial number of our consensus recommendations have been incorporated, but it is also clear that several key components of our consensus recommendations will not be incorporated into the Chairman's mark. These include: state maintenance of effort; within state formula; retention of discretionary programs; statement supplement, not supplant waiver; and the deletion of multidisciplinary and individual evaluation. Further we are gravely concerned about the status of our recommendations for school safety, where little concrete information about these critical provisions is known..
We reaffirm our support for Part H, and therefore must convey our strong opposition to the new language on a Part H demonstration project proposal. This proposal will significantly limit opportunities for thousand of infants and toddlers with disabilities and their families. In addition, we discussed the potential consequences of this type of provision /to require parents to use their private insurance to pay for early intervention services\ on families' health insurance coverage and agreed not to include any reference to private insurance in IDEA.
In conclusion, we again reaffirm the need for this Committee and Congress to enact a truly bipartisan IDEA reauthorization supported by the Parent/Educators IDEA Partnership. We look forward to working with you further in this manner.
A separate letter opposing cessation of services for any child with a
disability signed by all of the members of the Parent/Educators IDEA
Partnership except the American Federation of Teachers and the National
School Boards Association, will also be sent to the members of the Economic
and Educational Opportunities Committee,
SUBJECT: house idea
Date: 96-05-23 12:29:27 EST
From: Jwmlda
The markup (vote) on HR 3268, the IDEA Improvement Act of 1996, by the House Economic and Educational Opportunities Committee has been postponed until May 30. There are serious concerns about 1) failure of the Committee to accept all of the recommendations of the Parent/Educators IDEA Partnership; 2) the proposal for demonstration projects for up to 3 states under Part H which which would require parents to use their private insurance (up to $2500) to pay for services and would allow states to limit the frequency and duration of services; and 3) the proposal to end all educational services for students who bring weapons to school or use or deal in illegal drugs OR MEDICATIONS whose behavior is NOT a manifestation of their disability. (Re Part H: If states can limit services, will these services be limited to what can be provided by $2500? Paranoid perhaps, but just because I'm paranoid doesn't mean they'r not out to get children with disabilities.)
Pass on the word that it is vital to let Congress know that those who care about children with disabilities MUST continue to have a free appropriate public education.
SUBJECT: Re:house idea
Date: 96-05-24 09:11:39 EST
From: ALauritzen
In regard to the limitation of services under Part H that families insurance would have to cover. If the state can limit the duration and amount of services, what do you think the insurance companies will do? Do you want your insurance agent at your IEP? Do you want the state and/or your insurance agency be the determiners of how much therapies your child will receive? What will be the impact on a families insurance that has a lifetime cap. If you have a medically involved child that costs lots of insurance money anyway, do you want it depleated even more by them also paying for what education is suppose to provide?
These are just questions to think about and perhaps respond to.
SUBJECT:
discipline provisions
Date: 96-05-25 18:41:57 EST
From: RhoLaren
What should be done with a child who brings weapons or drugs to school?
Let him shoot anyone he wishes because he is IDEA and has rights?
Or, do you want the school and parents to come up with a more restricted environment?
Some of us do not want violence, weapons, drugs in our schools. I do not give a hoot if the student who throws a chair at me and hurts me is IDEA or not. I want him out of my regular classroom.
Fighting for the absolute right for these VERY few extremely dangerous individuals to remain where they can - and have- caused serious damage to teachers and other children, is being grossly unfair to the rest of the IDEA children and those who are not.
SUBJECT: House Hearing Thursday
Date: 96-05-27 12:03:44 EST
From: ALauritzen
NPND ALERT!!!!
Good News!!! NASDSE has joined the rest of the Consensus Coalition in opposing the cessation of services to students with disabilities! However, HARD WORK AND IMMEDIATE ACTION IS REQUIRED PRIOR TO THE MARK UP THAT IS SCHEDULED IN THE HOUSE ON THURSDAY!!!!!!
Background:
On Thursday the Economic and Educational Opportunities Committee (EEOC) of the House is scheduled to mark up a bill designed to reauthorize the Individuals with Disabilities Education Act. The Committee has the rare opportunity to embrace a draft bill submitted to the Committee last week by a Consensus Coalition of national organizations representing parents, special and general educators, administrators and other professionals concerned about the education of students with disabilities.
The "Consensus" bill returns many of the tools found in current law that are vital to parents and families such as short term instructional objectives, attorney fees, and the discretionary programs.
Action Steps:
1. Contact the members of the EEOC now and express your support for the
Consensus Coalition's draft bill and urge the EEOC to adopt it in total as a
substitute bill for HR 3268.
2. Urge EEOC members as well as any other member of the House to oppose the
cessation of educational services for students with disabilities.
To place a toll-free phone call to the Capital Switchboard call
1-800-962-3524. To send a telegram to Rep's Gingrich, Goodling and to your own Rep. call 1-800-651-1434 ($9.95 for all three- $3.31 each)
Republicans:
Goodling (PA) - Chair; Petri (WI); Roukema (NJ); Gunderson(WI); Fawell(IL);
Clay (MO) - Rank Member; Miller(CA); Kildee (MI); Williams (MT); Martinez (CA); Owens (NY); Sawyer (OH); Payne (NJ); Mink (HI); Andrews (NJ); Reed (RI); Roemer (IN); Engel (NY); Becerra (CA); Scott (VA); Green (TX); Woolsey (CA); Romero-Barcelo (PR), Fattah (PA).
There is a lot more information than this. If you want more information e-mail me and I will send it to you on an attached file.
SUBJECT: More
Discussion on IDEA
Date: 96-05-27 14:53:27 EST
From: ALauritzen
TALKING POINTS ON CESSATION OF SERVICES for Students with Disciplinary problems.
1. THE CASE HAS NOT BEEN MADE. No data exists suggesting that providing alternative education for students with disabilities compromises school safety in any way. Other changes in the bill grant school principals new discretion to remove from their regular placement those few children with disabilities whose behavior may pose a danger to the school community. The extra step of cutting off their right to education is not necessary at this time.
2. POOR CHILDREN WILL BE UNFAIRLY DENIED EDUCATION. Determining whether a child's conduct is a manifestation of his disability is very complex. Even where school officials act with the utmost good faith, it is extremely difficult to unravel the relationship between a child's actions, his or her school experience and his or her disability. Wrong determinations of "no manifestations" are often made. Affluent families with access to legal representation and the resources to enlist psychologists, psychiatrists, and other experts will be able to challenge erroneous determinations at administrative and judicial hearings. Poor families will not be able to do so.
3. IN THIS INSTANCE "SAME" TREATMENT FOR STUDENTS WITH DISABILITIES IS REALLY
DIFFERENT TREATMENT. Terminating education for children with disabilities has more drastic consequences than does terminating education for others.
(a) Students who are expelled from school without alternative education may later complete their secondary education by participating in a GED or other adult education program. This is not an equally viable option for students with disabilities, because these programs are not required to provide the special education and related services children with disabilities need in order to receive equal educational opportunity. Children with disabilities cannot use these program to recoup their education's, as children without disabilities may do.
(b) When children with disabilities are excluded from education, they lose
critical skills necessary to address the consequences of their disabilities.
When, if ever, readmitted to school, they cannot simply take up where they left off.
4. CEASING EDUCATIN SERVICES WILL INCREASE DROPOUT RATES. Youth with disabilities already drop out of school at high rates. State and national studies show a strong relationship between exclusion from school and decisions to drop out.
5. TERMINATING EDUCATION WILL MAKE IT EVEN MORE DIFFICULT FOR STUDENTS WITH
DISABILITIES TO BECOME GAINFULLY EMPLOYED ADULTS. Even with the protection of civil rights laws like the ADA, may individuals with disabilities continue to face difficulties in obtaining jobs that allow them to support themselves and their families. Denial of a high school education will compound these difficulties enormously. In the general population, the unemployment rate for people without high school diplomas is twice as high as it is for high school graduates. Those who are employed earn a third less than high school graduates.
6. EXPELLING CHILDREN WITHOUT ALTERNATIVE EDUCATION IS NOT IN THE PUBLIC
INTEREST. The fact that a child may engage in improper behavior only increases the public's interest in seeing that he or she is educated. The safety and welfare of the larger community is jeopardized if students who have been excluded from public school because of their actions are not provided appropriate alternative education to assist them in becoming productive members of society.
SUBJECT: Parent/Educators IDEA/Partne
Date: 96-05-27 15:15:49 EST
From: ALauritzen
From the Parent/Educators IDEA/Partnership.
The Parent/Educators IDEA Partnership wishes to strongly reiterate to the House Economic and Educational Opportunities Committee our support for the consensus recommendations concerning the reauthorization of the Individuals with Disabilities Education Act as conveyed to the Committee Majority and Minority leadership on May 14. Movement from this consensus places our support in serious jeopardy.
Based upon what we learned from the Majority staff during our meeting on IDEA on May 20, a substantial number of our consensus recommendations have been incorporated but it is also clear that several key components of our consensus recommendations will not be incorporated into the Chairman's mark. These include: state maintenance of effort; within state formula; retention of discretionary programs; statewide supplement, not supplant waiver; and the deletion of multidisciplinary and individual evaluation. Further, we are gravely concerned about the status of our recommendation on school safety, where little concrete information on these critical provisions is known.
We reaffirm our support for Part H and therefor must convey our strong opposition to the new language or a Part H demonstration project proposal. This proposal will significantly limit opportunities for thousands of infants and toddlers with disabilities and their families. In addition, we discussed the potential consequences of this type of provision on families' health insurance coverage and agreed not to include any reference to private insurance in IDEA.
In conclusion, we again reaffirm the need for this Committee and Congress to enact a truly bipartisan IDEA reauthorization supported by the Parent/Education IDEA Partnership. We look forward to working with you further in this manner.
American Academy of Child & Adolescent Psychiatry
American Association of School Administrators
American Association of University Affiliated Programs American Council of
the Blind
American Foundation for the Blind American Occupational Therapy Association
American Physical Therapy Association American Psychological Association
American Society for Deaf Children
American Speech-Language-Hearing Association
American Therapeutic Recreation Association
Association for Education & Rehabilitation of the Blind andVisually Impaired
Autism Society Association Bazelon Center for Mental Health Law
Brain Injury Association Children and Adults with Attention Deficit
Disorders
Consumer Action Network
Consortium for Citizens with Disabilities Education Task Force
Convention of American Instructors of the Deaf Council of Exceptional
Children
Council of Schools for the Blind Council of the Great City Schools
Disability Rights Education and Defense Fund
Higher Education Consortium for Special Education
Learning Disabilities Association of America National Association for Music
Therapy
National Association for Developmental Disabilities Councils
National Association of Elementary School Principals
National Association of Protection and Advocacy Systems
National Association of School Nurses National Association of School
Psychologists
National Association of Secondary School Principals National Association of
the Deaf
Nation Center for Learning Disabilities National Coalition of
Deaf-Blindness
National Council on Independent Living National Down Syndrome Congress
National Easter Seal Society National Education Association
National Mental Health Association National Parent Network on Disabilities
The Arc
SUBJECT: IDEA
Date: 96-05-27 19:28:10 EST
From: RhoLaren
Is anyone who is pushing for reauthorization of IDEA pushing for the inclusion of the classroom teacher at the IEP hearing? As it stands now, no one mandates that the regular education teacher, who will receive the child, be an equal participant in the process. This stinks. No one likes things done to them. Please do not say that in your school district the classroom teacher is an integral part of the process. You are fortunate. That is not the case in many areas because some dunderhead, over twenty years ago never thought we were important. And some wonder why we resist the process. Fight for us to be included.
And, for violent students, get them out of the class while their IEP is revamped. No one should have to suffer being assaulted by anyone, even if he/she has IDEA after the name. That is not fair to anyone. I have no quarrel with not expelling the student. But that student must not be put back into the environment with which he/she cannot cope - and the parents wishes must take a back seat on this one. The protection of the others takes precedence over someone's whims.
SUBJECT: More Good New
Date: 96-05-28 11:53:10 EST
From: ALauritzen
NPND Alert! May 27, 1996
Good News!!!! The mark up has been postponed until this coming Thursday May 30. Hence we have more time to hammer on the actions that we want the Economic and Educational Opportunities Committee to make. WE NEED AN ALL OUT PUSH TO DRIVE OUR MESSAGE HOME. Make sure everyone understands that we have until the 30th to act on this information. PROGRESS IS BEING MAKE ALBEIT SLOW AND PAINFUL. ONLY PARENT POWER CAN KEEP IT GOING IN THE RIGHT DIRECTION.
THANKS TO EVERYONE FOR ALL OF YOUR HARD WORK. LET'S DO IT ONE MORE TIME AND
THEN REST A BIT AS WE PREPARE FOR THE FLOOR FIGHT IN BOTH THE HOUSE AND SENATE.
Background:
On Thursday the Economic and Educational Opportunities Committee (EEOC) of the House is scheduled to mark up a bill designed to reauthorize the Individuals with Disabilities Education Act. The Committee has the rare opportunity to embrace a draft bill submitted to the Committee last week by a Consensus Coalition of National organizations representing parents, special and general educators, administrators and other professionals concerned about the education of students with disabilities.
The "Consensus" bill returns many of the tools found in current law that are vital to parents and families such as short term instructional objectives, attorney fees, and the discretionary programs.
Action Steps:
1. Contact the members of the EEOC now and express your support for the
Consensus Coalition's draft bill and urge the EEOC to adopt it in total as a
substitute bill for HR 3268
2. Urge EEOC members as well as any other member of the House to oppose the cessation of educational services for students with disabilities.
To place a toll-free phone call to the Capital Switchboard call
1-800-962-3524.
To send a telegram to Rep's Gingrich, Goodling and to your own Rep. call 1-800-651-1434. ($9.95 for all three -- $3.31 each).
Refer to previous posting about Thursday hearing for names of
Representatives
SUBJECT: Part H -Big Problems
Date: 96-05-28 12:47:14 EST
From: ALauritzen
OPPOSITION TO THE PART H Demonstration Projects - Talking Points- May, 1996
In 1986, Congress enacted Part H of IDEA, which is the Infants and Toddlers with Disabilities Program. This program provides optional noncompetitive grants to all states to assist them in developing and implementing comprehensive, interagency systems of early intervention services for eligible infants and toddlers (birth to 3) and their families. This program emphasizes the critical role of families in the development of their young children. A major purpose of the program is to assist states to design a statewide system that coordinates and maximizes federal, state and local, public and private resources in a cost-effective manner.
State had up to four years to initial planning grants with the option of several additional years, if needed. to fully develop a Part H. system. In order to receive a grant after the planning phase, a state had to ensure that the system is in place, all Part H requirements are met and that appropriate early intervention services made available to eligible children and families in accordance with the individualized family service plan (IFSP).
ALL STATES PARTICIPATE IN THE PART H PROGRAM. All face many challenges. Few state planners, if any, would say that Part H is easy. There are many challenges associated with the development and implementation of a system based on interagency agreements through which comprehensive services are provided. These include budgetary constraints at all levels, ensuring the strong and important role of families as called for in the law, accountability, equity issues within the state, and disparities in service levels in urban and rural areas, and differences in fees and payment systems across agencies and providers. Designing a system that ensures cost-effectiveness while still ensuring the availability of appropriate IFSP services which are provided by all relevant providers is no small feat.
THERE IS NO NEED FOR THIS AMENDMENT. In designing Part H, Congress allowed
great flexibility in designing a system that best meets an individual state's
needs and resources. Current law has provisions that can assist states in
accomplishing what appears to be the intent of the amendment. States SHOULD
develop "innovative new mechanisms..."as the amendment proposes but without
waiving fundamental principles of Part H. THIS AMENDMENT VIOLATES TWO MAJOR
PRINCIPLES OF PART H. SSERVICES MUST BE MADE AVAILABLE IN ACCORDANCE WITH THE
IFSP AND FAMILIES ARE MAJOR PARTNERS IN ALL DECISIONS MADE IN THE PROCESS.
ALLOWING STATES 1) TO FORCE FAMILIES TO USE THEIR ALREADY VULNERABLE HEALTH
BENEFITS AND 2) TO WAIVE THE IFSP WOULD MEAN THE STATE IS NOT IMPLEMENTING PART H.
Some facts about Part H are relevant to this discussion.
- Each state must create a state wide systems design which works best for the state to maximize all resources and ensure accountability. Some states have a state administered vendor system. Numerous states have designed a system of community-based interagency coordinating councils where the responsibility for the system is placed on local agencies and programs. The systems design is key to ensuring successful implementation and there are many variations on what works best.
- States must design a finance system which ensures the availability of cost-effective services to all eligible children and their families. This system should maximize all available federal, state, local, public, and private resources, and can include the development of a system of payments including sliding fees which allow families to share in the costs of the services in accordance with their ability to pay. In addition, a few states have worked to develop sate legislation that assists in accessing private insurance to reimburse the costs of some early intervention services.
- Decisions about what services and their frequency are made by the IFSP team. No one member, including the parent, can unilaterally determine the service or the frequency o
SUBJECT: Re:Part H -Big Problems2
Date: 96-05-28 12:52:05 EST
From: ALauritzen
the frequency of the service. One critical member of the IFSP team is the Part H system representative. This person must ensure not only the availability of services in the IFSP, but ensure that the services agreed to are appropriate. A responsibility of the Part H system is to only agree to services that are determined "appropriate" in accordance with the IFSP process and the Part H regulations.
For additional information, contact Kay Beth Neas at National Easter Seal Society 202/347-3066 or Sharon Walsh at the Division for Early Childhood of the Council for Exceptional Children (DEC/CEC) at 703/250/4935.
SUBJECT: Re:IDEA
Date: 96-05-28 22:03:55 EST
From: Ratatat
<< As it stands now, no one mandates that the regular education teacher, who
will receive the child, be an equal participant in the process. >>
Why can't you write it into the IEP that the regular education teacher's involved in the child's education be included in the meetings?
SUBJECT:
Re: IDEA
Date: 96-05-29 08:19:06 EST
From: RhoLaren
Re: mandated reg. ed. teacher at IEP and why don't you write it in.
If your school system does not want you to get the released time to attend the meetings, they will not let you do it. Oh, you can write it in, but it will not hold water since the law does not mandate it. Many of us have tried to get things in the IEPs such as that which may or may not be mandated by law. We have the scars to prove it.
What is so difficult about getting this provision in the law. Anything else is begging the issue. Without the provision in the law, the regular education teacher is not an equal participant even if his/ her name is on the IEP. Without the regular ed. teacher being there written into the law, he/she has no legal standing if there is a dispute between the reg. ed. teacher and any one else who is legally mandated to be at the conference. THAT is why the provision must be in the law.
Why is this so difficult? What do people have against the reg ed teacher?
Why is the law over twenty years old and we are still debating this issue?
SUBJECT: cessation of education
Date: 96-05-29 08:47:10 EST
From: Jwmlda
ALERT 16 WHAT CESSATION OF SERVICES MEANS ALERT
16
Special help needed from constituents who have a member on the House Economic and Educational Opportunities Committee. (See attached.) However, all members should be contacted to remind them of the importance of IDEA.
FROM: Public Affairs Committee
The House Economic and Educational Opportunities Committee is scheduled to vote on a substitute H.R. 3268 - the IDEA Reauthorization Bill this Thursday, May 30. Although this substitute, called the "Chairman's Mark", incorporates many of the recommendations made by the Parent/Educators IDEA Coalition, it also includes some insupportable issues. Key among them are:
* Cessation of educational services for students with disabilities who bring weapons or drugs to school or to school functions if cessation is allowed for students without disabilities.
Students with disabilities must be subject to the same rules and disciplinary measures as non-disabled students. However, cutting students with disabilities completely off from educational services has more drastic consequences for them than it does for non-disabled students. Non-disabled students who are denied further education may later complete their education by participating in a GED or other adult education program. This is not a viable option for students with disabilities because these programs are not required to provide special education and related services to students with disabilities. Moreover, the longer students with disabilities are excluded from an education, the greater the risk that they will lose the skills needed to enable them to compensate for their disabilities. In addition, cessation of educational services for students with disabilities may make it difficult, if not impossible, for them to become gainfully employed. Although the number of students who are denied educational services because their behavior was found NOT to be a manifestation of their disability may be small, this provision breaks the promise of the IDEA that ALL students, regardless of the nature or severity of the disability, are entitled to a free appropriate public education.
Representative Robert Scott of Virginia, will offer an amendment to remove the provision which would allow the cessation of educational services.
Representative George Miller (CA) will offer an amendment to improve the
process for the determination if the behavior is a manifestation of the
disability by
1) strengthening the requirements of how a determination is made
2) requiring an automatic review of the determination by an impartial
hearing officer.
3) requiring that an individual who understands the nature of the disability be part of the IEP team that makes the determination.
* requiring parents use their private health insurance to pay for up to $2500 per year for services provided under Part H. States given a demonstration grant would also be allowed to limit the frequency and duration of services Congressman Donald Payne (NJ) will offer an amendment to remove the Part H demonstration projects which would require parents to use up to $2500 of their private health insurance to pay for services.
WHAT TO DO
IF your representative is on the Committee, ask him/her to support the Scott, Miller, and Payne amendments to HR 3268. If your representative is not on the Committee, ask him/her to call or fax Chairman Goodling and Ranking Member Clay asking them to support the Scott, Miller, and Payne Amendments.
ALSO ASK THEM ABOUT THEIR POSITION ON THE CESSATION OF ALL EDUCATIONAL
SERVICES FOR STUDENTS WITH DISABILITIES. If the Scott amendment fails, efforts will be made to offer a similar amendment if and when the bill moves to the floor of the House.
SUBJECT: Re:IDEA
Date: 96-05-29 09:01:35 EST
From: Jwmlda
Many parents think that federal laws have no impact on their children's education. However, it is the federal law, the IDEA, which requires schools to provide a free appropriate public education to all children with disabilities who are found eligible for special educaiton and related services. The current law does not require the participation of the regular education teacher(s) in the IEP process. However, both the Senate and the House bills for the Reauthorization of IDEA require that the regular education teacher participates in the IEP process. Although that part of the bill is very good for parents, other parts are not so good. Morevoer, unless the pressure from parents and advocates to move on these bills is maintained, there may not be any time left to pass the reauthorization bill into law. If you want to help your child, please read the postings on the proposed legislation on this bulletin board and call your Congressmen to express your concerns.
SUBJECT: Re:IDEA
Date: 96-05-30 17:48:10 EST
From: SusanS29
"Is anyone who is pushing for reauthorization of IDEA pushing for the inclusion of the classroom teacher at the IEP hearing? As it stands now, no one mandates that the regular education teacher, who will receive the child, be an equal participant in the process."
What the law requires is that the school district include a regular education representative. Where I taught it was almost always the classroom teacher, and we scheduled the IEP before school, after school or during the teacher's planning period to accommodate this.
There's no reason your school district can't do the same.
SUBJECT: Re:IDEA
Date: 96-05-30 17:50:50 EST
From: SusanS29
"Why is this so difficult? What do people have against the reg ed teacher?
Why is the law over twenty years old and we are still debating this issue?"
I don't know why your district is so difficult about this. We just always did it before school or during the classroom's planning time. Often it was before school, because that also met the parents' needs to minimize time away from work.
Personally I never wrote an IEP without gathering detailed information from the classroom teacher. There was much communication back and forth. I can't imagine writing a decent IEP without information from the classroom teacher.
SUBJECT: Re:IDEA
Date: 96-05-30 20:17:41 EST
From: RhoLaren
Regular education representative can be construed as the principal. I was going to say, "why can't it be spelled out that the regular education representative be the classroom teacher?"
However, it seems that in the current reauthorization of IDEA, this oversight might be corrected. I must not have been the only one complaining. If IDEA could be so specific about who was mandated to be in the conference when discussing other people, why was it so loose in the words "teacer representative."
Disabled students deserve better than a law designed to cause resentment in the people who might serve them. Instead of criticizing remarks, we could work together to provide better services to all. There are weakness in all laws, not just this one. Why can't we acknowledge that some provisions need tightening up and maybe modifications and work towards a solution satisfactory to most. (There will never be any solution satisfactory to all, so I said most.) We are reasonable people. Let's act like reasonable people. :)
SUBJECT: House HEARING IDEA -1
Date: 96-05-31 10:44:42 EST
From: ALauritzen
SUBJECT: Roberta
Date: 96-05-31 09:22:25 EDT
From: SBAofLC
To: Spinabifda, Plagio, Mona rat, ALauritzen
To: Char Meese, steveb@paonline.com
Jim Hollis just sent me this-----------
Pat
SUBJECT: House Panel Passes IDEA Bill
WASHINGTON, May 30 -- After three delays of action on a bill to reauthorize the IDEA, members of the U.S. House Economic and Educational Opportunities Committee finally rolled up their sleeves and passed the bill on a 32-5 vote, paving the way for a vote by the full House later this year.
Negative votes were cast by Reps. Marge Roukema, R-N.J., Matthew G. Martinez, D-Calif., Major Owens, D-N.Y., Robert Andrews, D-N.J. and Tim Roemer, D-Ind.
The committee's action on H.R. 3268 adds a glimmer of hope to completing the reauthorization this year. The Senate Labor and Human Resources Committee already approved its reauthorization bill, S. 1578, clearing the decks for a vote by the full Senate. But Congress' summer break is fast approaching, and this year's legislative session is expected to be shortened by the fall election season. Both houses will have to work fast to bring the bills to a vote, reach agreement on disputes in conference, pass a final bill and deliver it to President Clinton before the end of this year's session.
No date is scheduled for a vote by either the House or Senate. A House minority staff member said the House schedule could be greatly influenced by when the Senate slates its bill.
The House panel's action was neither quick nor easy. As reported earlier, a coalition of some 200 special interest groups succeeded in stalling markup while they pored over the bill and attempted to reach a compromise on about 60 issues, including such controversial issues as discipline and attorneys' fees.
Rep. William Goodling, R-Pa., chairman of the House committee, said he accepted more than 80 percent of the coalition's proposals in the substitute bill presented for markup. Proposals accepted included new language on discipline; a provision preventing the award of attorneys' fees for work done at IEP meetings, unless the meeting was ordered by a court; returning "short-term objectives or benchmarks" to the required components of IEPs; and stronger requirements for interagency agreements on related services.
The coalition could not agree on the issue of allowing expulsion of special education students with complete cessation of services for misconduct that was not a manifestation of a disability, and Goodling opted to retain language in the bill that would allow expulsion with cessation of services. Several disability advocacy groups vowed not to support the bill with that provision, and the executive board of the Division for Learning Disabilities of the Council for Exceptional Children called for a halt to reauthorization altogether, citing the expulsion language and other provisions it said would be "catastrophic for children with disabilities."
Negotiations between Republicans and Democrats on the House panel regarding several issues had also stalled in the days leading up to the May 30 markup, but Goodling proceeded anyway.
The expulsion issue continued to be divisive at markup. Rep. Robert Scott, D-Va., offered an amendment to prohibit schools from ceasing educational services under any condition. After sharp debate, the amendment failed 17-21.
The vote increases the likelihood of a provision allowing cessation of services becoming law. The Senate bill would also allow cessation of services, but only for students involved in weapons or drug offenses.
In all, more than 20 amemdents were offered during the all-day session. They included:
SUBJECT: House HEaring IDEA -2
Date: 96-05-31 10:47:13 EST
From: ALauritzen
-- A proposal by Rep. Robert Andrews, D-N.J., to retain the current "child count" funding formula instead of a 10-year transition to a population-based formula. Andrews argued that states such as New Jersey, which has a disability incidence rate higher than the national average, would lose under the proposed formula. The amendment failed 14-23.
-- An amendment by Rep. Jim Greenwood, R-Pa., to allow teachers to convene an IEP meeting for children who have demonstrated a pattern of behavior that significantly impairs the education of the child or the child's classmates. If changes recommended in the IEP are unsuccessful, the teacher would be permitted to call for an expedited due process hearing. The hearing officer could change the child's IEP and placement during due process proceedings unless the school and parent agree otherwise. The amendment passed on a voice vote.
-- Proposals by Rep. George Miller, D-Calif., requiring automatic review of manifestation determinations by a hearing officer when educational services might cease for a student, and strengthening the requirements for a manifestation determination. After some modifications, the amendments passed by voice vote.
-- An amendment by Rep. Patsy Mink, D-Hawaii, requiring schools to provide regular education teachers with guidance on behavioral strategies when students with disabilities are disruptive. The amendment passed on a voice vote.
Democrats were planning to offer at least two amendments relating to cost containment under Part C, however, the did not after Republicans offered to continue negotiations on this issue. Goodling also dropped a controversial amendment to Part H that would allow up to three demonstration projects to look at ways to limit early intervention services.
SUBJECT: Re:IDEA
Date: 96-06-01 11:10:13 EST
From: Ratatat
<<m does not want you to get the released time to attend the meetings, they
will not let you do it. Oh, you can write it in, but it will not hold water
since the law does not mandate it. Many of us have tried to get things in the
IEPs such as that which may or may not be mandated by law. We have the
scars to prove it.>>
You do have a prickly school district, don't you? If having your child's regular education teacher involved in the IEP is one accommodation that helps to meet the child's needs, then having the teacher there is an obligation, legally, of the schools to the disabled child.
SUBJECT: Re:IDEA
Date: 96-06-01 13:21:08 EST
From: RhoLaren
Ratatat
I am not talking about one school district. Actually, mine is pretty good. I am referring to the posts on the bulletin boards indicating that in many areas the districts probably do not accommodate. One additional factor seems to be that there is an unawareness of the fact that the regular teacher may come. Out of habit, many school districts have excluded the regular teacher from the beginning for whatever reasons and people may be unaware that they can attend. Please do not attack the messanger for the message. The teachers on this board seem very knowledgeable and caring. They also seem to have had many positive experiences with laws being implemented more or less as they should be. Some people are not as lucky, teachers, parents, and children. Hiding the problems under the rug will not solve anything. Addressing them, suggesting solutions - such as the one about meeting prior to school, etc.- are much better. We do not create our experiences; they are not illusions. We have experienced the problems. I have been working with IDEA since it was PL94-142 and have tracked its progress. Sometimes it is hard to believe how out of touch some states or local districts are. It is mind boggling. It is these issues that I keep addressing. And it is for these systems that "classroom teacher" needs to be written in the law.
SUBJECT:
Re: IDEA
Date: 96-06-01 13:55:47 EST
From: SusanS29
"Out of habit, many school districts have excluded the regular teacher from the beginning for whatever reasons and people may be unaware that they can attend. Please do not attack the messanger for the message."
Rho, in fairness I don't think she's attacking you... I also had the impression that *your* school district blocked classroom teachers from coming to IEP's, and I thought "prickly" was a pretty good way to describe such a district. She didn't mean you... :)
I know I'm singing to the choir here, but having the regular classroom teacher involved is crucial. Unless the child is in a "total inclusion" model, the special education teacher has markedly limited experience about how that child performs in the classroom. I have *occasionally* had the experience of observing a child and gaining tremendous insight, but the regular classroom teacher is there day in day out-and he or she has known *hundreds* of children at that grade level, very well.
In addition-if the classroom teacher is not involved-why should that teacher take the IEP seriously? They have had *no* input; apparently no one thought what they thought or did was at all important. It's a first class way to set the special education teachers and general education teachers opposed to each other.
SUBJECT: Re:IDEA
Date: 96-06-01 15:06:26 EST
From: RhoLaren
Because it is done. And many teachers are too afraid to do anything about it.
SUBJECT: Re:discipline provisions
Date: 96-06-04 00:35:08 EST
From: Jwmlda
No one wants a child who is a danger to himself or others in the regular
classroom. These individuals should be removed from the classroom and
provided with services in a setting where they cannot be a danger to
themselves or others. However, it is irresponsible - and not very productive
- to expel these students without further services so they can roam the streets - and perhaps break into your house - without trying to help them. Our jails and welfare rolls are full of individuals who are uneducated, unemployable, and anti-social. Pay now or pay later.
SUBJECT: Re:discipline
provisions
Date: 96-06-05 15:30:47 EST
From: SusanS29
Smart schools figure out what the alternatives are for a student *before* the student gets to the point that suspension is necessary. The time to make an intervention plan isn't after the tenth day of suspension; it's when it's clear that the student is at risk of using up all those ten days.
The schools do know who the serious behavior problems are. They have to plan ahead. They have to have behavioral intervention plans in place *before* something wholly-unacceptable (such as bringing a gun to school) happens, so that they can prove *right away* that they've done all they can do and the student needs a more restrictive environment.
SUBJECT: Re:discipline provisions
Date: 96-06-05 16:57:05 EST
From: RhoLaren
Susan-
How do you do that? -set up the intervention plan beforehand. Until the child brings the gun to school, etc., it could be argued that the problems are not so great. And what if the parent refuses to go along with the alternate placement? You know so much about the problem, I look upon you as a reference.
In one of the school districts in our area, a special ed. student had been grabbing at some of the girls and they complained. The newspapers said that he had been grabbing in private places. At the hearing to place him somewhere else, his parents refused saying that their son said all he had been doing was kissing the girls. The parents believed him and said they did not think that was all that bad, so they refused to reconsider his placement. I do not know the outcome of this event, but it is an illustration of what can, and does, happen.
SUBJECT: Re:discipline provisions
Date: 96-06-06 08:32:28 EST
From: Jwmlda
Despite what they say, schools are not powerless under IDEA. If the schools know their rights under the current law and the Supreme Court decision in Honig vs Doe, they can get the court to move the child from the placement where he/she is a danger to himself or others for up to 10 days. They then can ask for a due process hearing to allow a change in placement. In the interim, they can try in-school suspension to protect the other children.
SUBJECT: Re:discipline provisions
Date: 96-06-06 14:37:17 EST
From: RhoLaren
Dear Jwmlda,
I was intrigued by the Supreme Court case you mentioned, Honig vs Doe. After reviewing all U.S. Supreme Court decisions back to 1990, I could not find that case. The closest was Heller vs. Doe in 1993 arising out of involuntary committment of the mentally retarded to institutions.
Could you please be more specific about the year in which Honig was decided, and some more particulars? As I said, I could not find it.
SUBJECT: Concerned
Arizona Parents
Date: 96-06-08 01:59:22 EST
From: Oakbluff
As the parent of a child receiving services under the auspices of AzEIP, and the DDD I was advised by the Governor's Council for Individuals with Disabilities regarding changes to IDEA.
I have contacted both Senate Members without response as of yet. I would like to let any?? concerned AZ parents of children like mine that Representative Matt Salmon has open office hours the third Saturday of every month. You can take your concerns to him in person (although I have heard he only gives 10 minutes, so don't be long winded) and he might be helpful to contact since he has been involved with DES/DDD before. I say this because currently the DDD is over budget.
I am currently talking with Jason Bezozo from the state legislature regarding the budget short-fall.
IDEA part H is what funds DDD only children. If they are not Title XIX eligible, once they turn 3 years old, invervention by law must be continued by the local school district. I think IDEA will have much to do with what the state does with the budget and the transition process into the school district. Those of us concerned with the budget aspects of IDEA should also contact their state regarding how DES/DDD services are funded. This makes a difference when the state decides how your child (and if your child) will be serviced. It seems that in the fed's attempt to downsize government to the state and local level, the battle has more than one front. The states only do what the feds make them, and considering the problems our current governor has, the state's budget problems must be of absolutely no consequence.
Does anybody out there have time to write, call, fax the AZ state legislator to help pre-schoolers?
My son's experience has been a very positive one. He loves his DDD teachers, and they have done wonders for him. Getting him into pre-school may, however, take some doing. Our state population is growing rather rapidly, and I understand the waiting list for services is long. We spent our time on it.
Are there any other advocacy groups in this state to help press for the expansion of early intervention services in this state?
Please E-mail me at oakbluff@aol.com as I don't have an online service and this is my friends' computer.
Thanks Vicki N.
SUBJECT: Re:discipline provisions
Date: 96-06-08 10:53:14 EST
From: SusanS29
"How do you do that? -set up the intervention plan beforehand. Until the child brings the gun to school, etc., it could be argued that the problems are not so great. "
We did it routinely with all students who had moderate to severe behavior problems.
See, it solves more than the crisis which may or may not come. Often it *heads off* the crisis. In other words, you deal with the small brush fire around the campground *before* it becomes a roaring forest fire. You keep a bucket of sand handy.
For instance, this one intervention kept a fifth grader out of a special class. We let *him* decide when he needed relief from classroom stress. He just got up and said politely to the teacher "I need to take a break." Then he came to either my room or the principal's office.
He had the choice of bringing his work with him, or if he was too stressed for that, I always had less stressful work ready for him in both my room and the principal's office. But since the goal was for him to gather himself together and not explode, work was optional.
75% of the time the frustration came *from the classwork.* He would bring it, get help-and not blow up.
Before this he flipped tables and desks over. He took his forearm and swept all the books off a bookshelf once in one long sweeping motion in frustration.
Meanwhile he began to learn how to handle his frustration.
We put this in a behavioral intervention plan *before* he was anywhere near the 10 day mark, and he never got there-in fact he only had anything resembling a serious incident, and that was a verbal thing with the teacher he had had in third grade who *still* knew how to push his buttons (yes, she was part of the problem).
After he left the classroom, the teacher buzzed the office to let them know. The office would buzz me, and if they got no answer, know to expect him. He never took advantage of this arrangement.
It was our understanding that we were *required* to have such a plan in place for all our behaviorally- involved students, and it worked very well.
"And what if the parent refuses to go along with the alternate placement?"
By the time we got to alternative placement with the one student for whom this didn't work, we already had tremendous documentation of how hard we had tried to keep him successfully in a resource model. We had already done the kinds of things I described, and he had gone up to 50% of the day in the resource room, which was miserable for me-made tremendous complications- but it didn't last long.
The parent didn't appeal the placement but if she had I think due process would have been turned down.
These written plans were called "Positive Intervention Plans" and were highly customized, which also helps if change of placement becomes necessary. Also keep lots and lots of documentation on the interventions tried.
SUBJECT: 60
Minute Program tonite
Date: 96-06-09 12:51:25 EST
From: ALauritzen
When it rains in Washington it pours, and its a
downpour right now. JFA has recently learned that
IDEA will be on the House floor on Monday. The bill
will go to the floor under suspenion of the rule,
meaning that there will be no amendments allowed
calling for a clean up and down vote. All things
point to the Senate voting on IDEA sometime next
week and then it will go to conference where the
differences between the House and Senate language
are worked on and then a final bill will emerge to
be voted on one last time.
There continues to be grave concerns with both the
House and Senate legislative changes to IDEA, especially
around cessation of services. Many activists are
caught in a quandry because IDEA discretionary programs
have to be reauthorized in order to receive appropriations.
Yes, the discretionary programs are important and need
to be reauthorized, but at what cost to the rights of
children with disabilities? How much do we give in order
to receive appropriations for these programs, because
Part B will be implemented even without reauthorization.
Part B is permanently authorized.(Part B included all
the rights, such as the right to a free appropriate
public education in the least restrictive environment.)
If Congress were to suggest amending, tinkering or
modifying the ADA our community would go ballistic and
rightfully so.
Well this Congress is modifying and tinkering with IDEA.
Now, some activists believe it would be unwise and potentially
dangerous for IDEA to wait on a disability friendly Congress
for fear that this will never occur, but word is the disability
community is and can turn the tide in Congress with our vote.
Hopefully, if we do our work we will have a disability
friendly Congress, and one in which IDEA could be
reauthorized without weakening amendments. Who Knows?
It is probably no coincidence that 60 Minutes will be
airing a special on IDEA this Sunday, June 9th at 7:00
p.m. EST. Leslie Stohl is the principal investigator on
this piece and word is it's not going to be a favorable
outlook on IDEA. The focus seems to be about how special
education dollars strip the regular education students
from receiving their fair amount and how really in all
fairness the country spends too much money on kids that
likely will not succeed. Activists should waste no time
in rejecting these fallacies and offer CBS the truth.
Right after calls to CBS, all should call Congress and
let them know IDEA SHOULD BE REAUTHORIZED WITH NO<NO> NO WEAKENING AMENDMENTS!!!
SUBJECT: Re:discipline provisions
Date: 96-06-09 15:01:08 EST
From: RhoLaren
SusanS29-
Looks like the people in your school are on the ball. I like what you did with that student who got so frustrated with the work. You are correct, that in many cases, flexibility such as you used works wonders. I wish I could have worked with someone like you.
One the other student, how long did he remain in the regular envivonment between the time he became uncontrollable, and the time he was removed? Again, you were great to allow him to come to your room. Again, I wish I could have worked with someone such as yourself.
SUBJECT: Re:60 Minute Program tonite
Date: 96-06-09 23:19:36 EST
From: DoreenN738
ALauritzen as usual is right in calling what 60 Minutes report was and is. It was a politically motivated hatchet piece to eliminate IDEA. I have never seen such a one sided piece of "journalism" ever. I quess Goering was right "Perception is reality." All the old myths were promoted. Hey,did you guys know that we parents are "pushy" and school boards live in fear of us pushy parents waking up one fine morning and sueing them for no apparent reason? The 60 Minutes show did not state the fact that parents go to court to gain services for their child after exhausting every other legal means. Oh,and parents coach their kids so that they can receive special education services that is "lavished" on them.
They ignore the fact that children can only receive special education services after meeting specific entrance criteria. I will be on the phone tomorrow trying to figure out some kind of battle plan to fight this media atrocity. If you haven't figured it out by now my firends, we are in for the fight of our lives. But I will not let go of my vision of a world where ALL CHILDREN ARE SEEN AS HAVING GIFTS AND TALENTS TO SHARE WITH THE WORLD. And that the job of education is to discover and nurture those gifts.
SUBJECT:
Re: discipline provisions
Date: 96-06-09 23:48:07 EST
From: Jwmlda
Honig v Doe was much earlier than 1990, possibly the 80's. Sorry I don't have time to check my old files for the exact date.
Honig (Spt of Schools in CA) v Doe is about suspension of a child with emotional disturbance. who may be la danger to himself or others". The court ruled that such a child could not be removed from the current placement for more than 10 days, sucessively or cumulatively. After to days, schools would be required to review the child's IEP to determine a more effective placement. The decision prevents schools from suspensing students for more than ten days - including 2 in school and 3 on suspension every week - which had been known to happen before the Supreme Court decision.
SUBJECT: 60 Minutes Show
Date: 96-06-10 09:35:55 EST
From: DoreenN738
The number to call to voice your outrage and concern over Lesley Stahl's story is-1-800-848-3256.
SUBJECT: Re:60 Minutes Show
Date: 96-06-10 13:03:17 EST
From: ALauritzen
Thanks for the kind words, but I must confess that I took my posting for the Justice for All information I receive. Becky Ogle needs the credit for the writing.
Be sure to check the house and senate. The bill will be presented today and tomorrow respectively.
SUBJECT: Re:60 Minutes Show
Date: 96-06-10 13:23:00 EST
From: Mom424
After talking with Leslie Stohl's secretary, it seems a lot of phone calls have been made. She sounded so frustrated (pity her), so I guess that is how she can justify her RUDENESS. CBS will only take written comments fax:
212-975-2019 or email 60m@CBSNEWS.com. The executive director Mr. Hewiltt will be back in town next week and can be reached at 212-975-2867.
We need to praise the two parents who appeared on the show. They did an outstanding job!!!!!
ANNE, once again thanks for all your information. mom424
SUBJECT: Re:60
Minutes Show
Date: 96-06-10 19:06:11 EST
From: ALauritzen
Thanks Mom424,
Keep those CBS people frustrated.
Yes, I agree that the 2 parents need many thank you's. Does anyone out there know them????
Anne
SUBJECT: Re:60 Minutes Show
Date: 96-06-11 00:07:50 EST
From: Oakbluff
Did anyone tape the show Sunday night? Because I didn't check my e-mail before the show aired, I missed seeing it and so did Vicki. Before we 'sound off' about its contents, we would like to view the show. I'll send the blank tape and postage if someone can copy it for me.
I am the friend that let Vicki post under my screen name. Feel free to e-mail her, or me, under this name Oakbluff.
Thanks,
Cindy
SUBJECT: Re:60 Minutes Show
Date: 96-06-12 12:42:22 EST
From: DoreenN738
If you need a copy of the Lesly Stahl segment,you can order a copy of it by calling the same 800 number. The number again is 1-800-848-3256.
SUBJECT:
Senate IDEA needs our HELP!
Date: 96-06-12 15:00:02 EST
From: ALauritzen
NPND ALERT!!!
June 12, 1996
Yesterday, Senator Dole was prepared to introduce the bill to reauthorize the IDEA. He was unable to because Senator Gorton had a "hold" on the bill. Hence, the Senate has yet to take floor action on the reauthorization of the IDEA - S. 1578. If this bill is not acted upon, it appears that much more damaging legislation in the form of amendment to IDEA (Part B) will be unleashed from several Senators.
In particular, Senator Gorton is proposing amendments that will further limit payment of attorney's fees when parents prevail AND would single out children with disabilities as the only group unable to receive punitive damages for violation of their civil rights.
IT IS ESSENTIAL THAT EVERY U.S. SENATOR IMMEDIATELY HEAR FROM AT LEAST 5 PARENTS URGING THEM TO:
1. Pass S. 1578, as soon as possible.
2. Urge Senator Gorton to drop his "hold" on the bill.
The Senate switchboard can be accessed by calling 1-202-224-3121 or
1-800-962-3524
SUBJECT: Re:discipline provisions
Date: 96-06-12 22:46:31 EST
From: SusanS29
"One the other student, how long did he remain in the regular envivonment between the time he became uncontrollable, and the time he was removed? "
It didn't take all that long. We were working toward it even as we tried to avoid it (the 50% placement in resource.) The trick, I think, is to *truly* exhaust all other reasonable alternatives.
This one was a "compassionate" placement. He was black but related most to white females. Turned out his mother had allowed her boyfriend to abuse him sexually. In the long run we had a happy ending. He got help; got out of that situation and rapidly improved.
SUBJECT: Re:discipline provisions
Date: 96-06-12 22:47:50 EST
From: SusanS29
"Honig (Spt of Schools in CA) v Doe is about suspension of a child with emotional disturbance. who may be la danger to himself or others". The court ruled that such a child could not be removed from the current placement for more than 10 days, sucessively or cumulatively. After to days, schools would be required to review the child's IEP to determine a more effective placement."
Here's the thing. The smart thing is to review the child's IEP *before* you get to that ten day point so you have a plan.
SUBJECT: Re:discipline provisions
Date: 96-06-13 10:13:14 EST
From: RhoLaren
Thank you for your description of Honig. Because I could not find it, I asked some lawyers on the bbs and received information. It is the "due process" provision of the ruling that causes problems in some cases. If the parents refuse to agree to the change in accommodation, the child remains in the class until the courts render a decision. That can take mucho years. Granted, we are talking about a minority of cases wherein the parent may be more nuts than the kid. Why should we spend all our time on these very few cases? Why don't we agree that in some cases the schools need other alternatives? Why do we let this small minority of kids to tarnish the image of IDEA and ruin education for the rest of the students? We need to rethink the provisions. We need to reword the law in its reauthorization so that the majority of students are protected and those very few can not run rampant.
SUBJECT: IDEA
Date: 96-06-13 21:16:35 EST
From: Jwmlda
Some in the disability community are advocating opposing any reauthorization of IDEA to protect Part B. Unfortunately, there is no guarantee that amendments to IDEA similar to the ones opposed in the current bills would not be added to other legislation. You may recall, the Jeffords amendment to the Elementary and Secondary Education Act amended the IDEA to allow the suspension (but not the denial of education) to students with disabilities who bring a gun to school. The Jeffords amendment was a more acceptable alternative than the Gorton Amendment which was initially introduced.
Because Gorton is so adament about intoducing his amendments which 1) would prohibit punitive damages under IDEA and 2) would prohibit attorney's fees if the school acted in good faith, passage of the Senate bill is in Limbo. If the Gorton Amendment is accepted, it would be opposed not only by the disability community but by the whole civil rights community, who would see it as the beginning of the end of their right to seek redress under the law.
SUBJECT: Re:IDEA
Date: 96-06-13 21:57:27 EST
From: SusanS29
"Because Gorton is so adament about intoducing his amendments which 1) would prohibit punitive damages under IDEA and 2) would prohibit attorney's fees if the school acted in good faith, passage of the Senate bill is in Limbo. If the Gorton Amendment is accepted, it would be opposed not only by the disability community but by the whole civil rights community, who would see it as the beginning of the end of their right to seek redress under the law."
I REALLY hope I'm right on this (smile).
Seems to me that Gorton's amendment is in violation of the Constitution.
SUBJECT:
Senate IDEA needs Co-Sponsor
Date: 96-06-14 12:04:23 EST
From: ALauritzen
NPND - FYI, June 14, 1996
S. 1578/Report No. 104-275
Individuals with Disabilities Education Act Amendments of 1996
Introduced February 27, 1996, Marked up March 21, 1996, Filed May 20, 1996
Pressler, Robb, Simon, Simpson, Stevens Thomas, Warner
The Individuals with Disabilities Education Act(IDEA) was enacted in 1975. It ensures that children with disabilities receive a free appropriate public education and provides funding to help pay for such an education. About $2.68 billion is currently appropriated to assist State and local educational agencies to educate 5.1 million children with disabilities from age 3 through 17. Another $315.75 million is currently appropriated to help families who have infants and toddlers with disabilities. Finally, $245 million has been appropriated for projects and activities in research, personnel training, technical assistance and information dissemination.
S. 1578 reauthorizes IDEA through fiscal year 2002. While preserving the right of children with disabilities to a free appropriate public education, S. 1578 gives school districts new forms of administrative, procedural, and fiscal flexibility, and expands and strengthens partnerships between educators and parents of children with disabilities. S.
1578 gives educators and parents the tools they need to assist children with disabilities to be prepared, successful and productive citizens in the next century.
Highlights from S. 1578: it....
focuses on accountability for educational results
gives educators new tools to maintain safe schools
gives parents and educators access to mediation to resolve differences and to
reduce the
need to pursue due
process hearings and court action.
provides flexibility that will result in more children with disabilities
participating in school
reform and
restructuring initiatives
reduces paperwork and data collection while maintaining access to information
about the
effectiveness of
educational services offered to children with disabilities
maintains individualized planning for children with disabilities through
individualized
evaluations and
education programs developed with parents, but puts increased emphasis
on
information that the teacher
needs to know to teach the child.
For more information, call the Subcommittee on Disability Policy, 202-224-7139.
Mr. Gorton is still holding!!!!!!
SUBJECT: Re:60 Minute Program tonite
Date: 96-06-16 09:02:27 EST
From: Ratatat
<<It is probably no coincidence that 60 Minutes will be
airing a special on IDEA this Sunday, June 9th at 7:00
p.m. EST. Leslie Stohl is the principal investigator on
this piece and word is it's not going to be a favorable
outlook on IDEA. The focus seems to be about how special
education dollars strip the regular education students
from receiving their fair amount and how really in all
fairness the country spends too much money on kids that
likely will not succeed. Activists should waste no time
in rejecting these fallacies and offer CBS the truth.>>
Yeah, and the Merrow Report (PBS) did a trash job on Special Ed too. Me thinks that there is a "campaign" of sorts behind all this trashing. I would like to know who the architects are. Not too long ago Merrow did a trash on ADD and the use of Ritalin...made everyone out to look like cult druggies. Just awful and so uncalled for. It would be nice if a program would base some part of their show on real people with real problems that cannot be solved because of the contentious nature of so many people that parents deal with in trying to get their kids supports in the schools.
SUBJECT: Re:Senate
IDEA needs Co-Sponso
Date: 96-06-17 16:35:39 EST
From: DoreenN738
I was at an ARC Minnesota meeting last Thursday, June 13th,and the word on the street from that meeting that IDEA was not going to hit the floor of the Senate until after the elections. If Slade Gorton is putting a "hold" on IDEA,could he be doing us a favor because theoretically speaking,if disability rights groups,and other groups whose rights are being abridged under the Republican agenda could organize and bring to the Senate folks who may be more disability rights friendly. Any thoughts on the matter of strategy? Any thoughts on the matter of holding off Senate passage of IDEA until after the elections?
SUBJECT: Re:Senate IDEA needs Co-Spon
Date: 96-06-25 11:42:22 EST
From: Jwmlda
There are now less than 20 legislative days in the 104th Congress. Legislators will be off for the 4th of July, and will probably take their usual August recess. When Congress recesses in the beginning of Oct., it usually does not reconvene until January of the next year. I would think that the likelyhood of Congress coming back after elections is remote, but not impossible.
Sen Gorton is holding IDEA hostage in the Senate because he wants amendments that would deny any punitive damages and attorneys fees unless the school system acted in bad faith. I have also heard that someone, possibly Gorton or Ashcroft, wants cessation of services for reasons other than weapons or drugs. Are we better or worse off if the Reauthorization dies?. Wish I knew.
SUBJECT: Where IDEA stands now-pt 1
Date: 96-06-27 12:34:41 EST
From: ALauritzen
The Friday Fax a weekly news bulletin from the National Parent Network on Disabilities Please feel free to distribute this material to any interested parties.
Volume 1, Issue 1 June 21, 1996
IDEA UPDATE
As the cold light of Friday morning creeps across the horizon all is quiet on the Potomac. The Senate will not be in session today and the House has already acted. It is time to do a little Friday-morning quarterbacking. It is time to look back over the last several weeks to determine what happened, why and how it happened, who did it, and, most importantly, where do we go from here.
First a review of what did and did not happen. On Monday, June 10, 1996, the House of Representatives passed, by voice vote, HR 3268, the reauthorization of the IDEA. The House now awaits floor action in the Senate and, assuming passage of S. 1578, a Senate/House conference to iron out the differences in the legislation produced by each Body.
Thus far, however, Senate proponents of S. 1578 have been unable to move it to the Senate floor, despite some very intense efforts. Senator Dole tried to bring the bill to the floor under a "unanimous consent" agreement which would have prevented debate and amendments to the bill from the floor. He even crafted a section of his farewell address in such a way as to allow for the introduction of the bill, but he was unable to introduce it under a "unanimous consent" decree when Senator Slade Gorton(R-WA) placed a "hold" on S. 1578. Two other Senators also objected to movement of the bill under "unanimous consent" agreement and placed their "holds" on the bill.
For you quarterbacks out there, the House scored - the Senate did not.
HR. 3268 contains provisions that would allow school districts, consistent with state law and their own discipline policies for non-disabled students, to cease educational services to students with disabilities in the event that the student is found in possession of a "weapon" or in possession of or selling "illegal drugs". Even though it has not yet passed, S. 1578 also includes provisions, those found in HR 3268, which permits cessation of services. This is a major setback for the disability community. Despite the resolute opposition of NPND and thirty-eight (38) national organizations as well as hundreds of state and local organizations spanning the disability, general, and special education communities, both the House and Senate presently contain provisions which allow for the cessation of educational services with no possibilities of an alternative placement.
The why behind the passage of the HR 3268 and the failure of S. 1578 last week is worth revisiting. Approximately one month ago, the House Subcommittee on Early Childhood, Youth and Families passed a version of HR 3268. This version of the bill met with universal disdain. In amongst parents, special educator, regular educator, disability advocates or anyone else for that matter. As a result of the universal disdain, a group of regular education advocates, special education advocates, parents and other disability advocates met to compare notes. The conclusion they reached was that HR 3268 was unsalvageable. After securing support from Rep. Goodling (R-PA), Chairman of the Committee on Education and Economic Opportunities, the new "Consensus Group" was given one week to produce a substitute bill. Representatives from 40 national organizations were involved in drafting a consensus document. Nine days and over a hundred amendments later, a substitute, consensus document was presented to the House staff and reviewed issues by issue. The staff accepted some of the amendments (roughly 50%) and rejected others. After another week of intense negotiations involving Democrats on the Committee, even more "Consensus Group" were accepted by the majority staff. Negotiations continued with amendments offered and accepted to both the bill and its report until Six PM on the Friday night before the Monday floor action.
SUBJECT: Where IDEA stands now-pt2
Date: 96-06-27 13:46:36 EST
From: ALauritzen
.The final bill passed by the full committee, while flawed, represents a significant improvement over the version of the bill reported out of the Subcommittee on Early Childhood, Youth and Families a few weeks earlier. In fact, many of the provisions of the final bill represent improvements over current law. Since the passage of the bill by the House, Mr. Goodling has stated that in his twenty-two years in Congress, he is not aware of a similar process ever being undertaken to produce a bill.
The Senate, on the other hand, reported S. 1578 out of committee weeks ago. Even though it passed the committee unanimously, several Senators expressed dissatisfaction with the bill. Senator Gorton, in particular, made it clear that the he would offer amendments to the bill on the Senate floor to eliminate the recovery of punitive damages through lawsuits concerning the abridging of educational rights and to disallow or severely limit the recoupment of attorneys fees by families even when they prevailed in court. To prevent these and other hostile amendments from being attached to S. 1578, Senator Frist (R-TN), sponsor of the bill and the Chairman of the Subcommittee on Disability Policy, attempted to bring the bill to the floor under "unanimous consent (UC)" decree and sought Senator Dole's assistance (previously described). When a bill is brought to the floor under a "UC" agreement, amendments from the floor are not permitted. The end result of this sequence of events is total stalemate. Senator Gorton will not "release" the bill unless he is allowed to amend it.
However, S. 1578 would not have progressed even to this point in the process had not twelfth hour negotiations between disability advocates (including NPND) and regular educators resulted in an agreement on the discipline provisions of the bill-with one notable exception. Negotiators were told that the issue of cessation of services was "off the table" during the negotiating session. Nevertheless, negotiations led to language placing constraints on schools in their application of disciplinary policies and increased procedural protections for students before schools could cease services to those found possessing "weapons" or possessing and selling "illegal drugs.
For you quarterbackers keeping a more complete boxscore, provisions that allow the cessation of services to students with disabilities in certain circumstances are included in both the House and Senate bills. Score that two for the National School Boards Associations and the American Federation of Teachers. Zero for everyone else.
Now that we briefly reviewed the what and why, how, it is useful to examine the who. Because of NPND's grassroots strength and support, it was able to play an important role in the passage of HR 3268 and the movement of S. 1578 through the various stages of the legislative review process. Thirty-nine other national organizations such as the National Education Association, the ARC, the Council for Exceptional Children, the National Association of State Directors of Special Education, the Down Syndrome Congress, the Learning Disabilities Association, the American Association of School Administrators, the Disability Rights Education and Defense Fund, and many others have been integrally involved in this effort.
SUBJECT: Where IDEA stands now-pt3
Date: 96-06-27 13:47:26 EST
From: ALauritzen
But why would any of these groups work for the passage of these bills when all of them are on record as opposing the cessation of educational services to students with disabilities or any student for that matter? In fact, all of the members of the "Consensus Group", except two, steadfastly oppose "cessation". Yet, "cessation" was forced on the disability community. The explanation for this is that members of Congress (Republicans and some Democrats) either wanted it or accepted the inevitability of it. Parents valiantly fought against it. Regular educators, led by the National Education Association and the American Association of School Administrators and special educators alike, opposed it. But in the final analysis, two years of constant, well-orchestrated, well-financed lobbying by the National School Board Association and the American Federation of Teachers in support of "cessation" had persuaded many of our elected representatives in Washington as well as neighbors and friends in our communities. Disability advocates, parents and others have struggled so hard to defeat, and then, to minimize the impact of these onerous provisions. NPND was reluctant to withdraw from the process fearing much more harmful discipline (cessation) provisions would gain respectability and, ultimately, acceptance.
Now fellow quarterbacks, we need to shift our attention to the team (Senator Gorton and his colleagues) we will have to face again any day now. If no agreement can be reached with the Senator from Washington, S. 1578, will likely never reach the floor of the Senate. In this case, both the House and the Senate bill die and the law of the land remains current law (score 1/2 of us and zero for our opponents). The difficulty remaining, however, is that Senator Gorton has vowed that, as in the past, he will take the floor of the Senate where he will offer a series of extremely damaging amendments that make S. 1578 look tame by comparison. He can attach these amendments to IDEA on any bill under deliberations on the Senate floor. For example, it could be an approaching bill, it could be a clear water bill, or a campaign finance bill. He can do this any time when he is recognized to speak on the floor. Historically, there have been Senators, as tenacious and determined as Senator Gorton is, who have attempted to introduce an amendment or variations of the same amendments dozens of times.
Right now the S. 1578 is in limbo. We have done everything we can to secure its passage. But fully award that there is more trouble ahead, we are concerned about fashioning an effective defense against Senator Gorton's offense. The first line of defense against such guerrilla tactics is to pass S. 1578 as is. In short, neither HR 3268 or S. 1578 are bills that NPND can enthusiastically and wholeheartedly support. But NPND, while opposing a number of the provisions contained in both these bills, seeks their passage because they represent the least damage and the most improvement possible at this time.
If the bill does not pass, a second line of defense is the development of a rapid response system that will trigger thousands of calls, letters, and faxes into the Senate on the drop of the hat every time Senator Gorton or his colleagues take the floor. It is important that the "Jefford's Amendment" was not attached to the IDEA but to other education legislation.
SUBJECT: Where IDEA stands now-pt4
Date: 96-06-27 13:48:31 EST
From: ALauritzen
It is clear that for the foreseeable future the educational rights of students with disabilities will be at risk. The strains on public education, which reflect the social unease and disorder which exists in our society at large, have produced a political environment wherein the fundamental educational rights of children with disabilities are being openly questioned and challenged. NPND asks for your continued support and collaboration.
NPND respectfully asks all parents, persons with disabilities, educators, advocates, and the many others who have a stake in the lives of these children to set aside their personal, political and organizational differences and to stand with us calmly and quietly, shoulder-to-shoulder against this backlash.
During the "consensus process", NPND has strengthened its relationships within the special education community and forged new ones with the leaders of regular education organizations. We have high hopes that these alliances, old and new, will outlive the IDEA reauthorization regardless of its outcome. The members of these groups have pledged to continue to work closely with us. If we are not careful, some good may come from this.
NPND is developing an electronic listserv, in order to get this information out even more efficiently. If you have access to e-mail, please send a note to npnd@cs.com indicating your desire to join The Friday News Listserv.
We need the help of educators to stop the logjam in Congress in regards to the passage of IDEA. If you really care about kids with special needs then you need to urge your local Congressmen and Senators to support the present Bills in each House WITHOUT ANY DAMAGING AMMENDMENTS.
SUBJECT: What if IDEA
stays in Logjam
Date: 96-06-28 12:45:10 EST
From: ALauritzen
If the Senate cannot get IDEA moved thru without Mr. Gortons' amendments. What could happen. We could stay with current law, which wouldn't be all bad, but Mr. Gorton could still get his amendments attached to any bill he chooses. Most likely it would be a bill that the President wants to sign and has little controversay in the Senate. Or we could advocate to our senators to co-sponsor the current bill and have enough votes to pass it without Mr. Gorton's amendments.
It is still a standoff. The question is will the Senate buckle to the disability organizations wishes of no amendments or will there be a free for all on the Senate floor if Mr. Gorton introduces is amendments. The Democrats are prepared to counter with there own amendments. But Senator Gorton is not the only one to have bad amendments.
Stay tuned.
SUBJECT: Re:What if IDEA stays in Log
Date: 96-06-29 11:02:53 EST
From: RhoLaren
Alauritzen is correct about what can happen. Much pork barrel legislation can be explained by the "rider" process. Bills that most want passed have "stuff" attached to them. The attachments can have nothing to do with the main thrust of the bills. It would be better, therefore, to get the IDEA reauthorized prior to anyone having the ability to attach any IDEA oriented riders to any other piece of legislation. Just a thought from a governmental process observer.
SUBJECT: Re:It is time to be counted!
Date: 96-07-02 09:24:58 EST
From: DoreenN738
I would just like to thank ALauritzen,and all the other folks out there that are keeping us abreast of IDEA. Thank you very much.
SUBJECT: Re:Violence in
Schools
Date: 96-07-03 07:26:26 EST
From: JRWMiller
In the "ideal" world, having every teacher who is directly involved with a student participate in developing her/his program is great. However, does it make sense to take a teacher out of a classroom of 30 students in order to "participate" in the education of 1. There are other ways eg. checklists, comments to involve these teachers.
SUBJECT: Re:Violence in Schools
Date: 96-07-03 16:59:27 EST
From: SusanS29
"However, does it make sense to take a teacher out of a classroom of 30 students in order to "participate" in the education of 1. There are other ways eg. checklists, comments to involve these teachers."
No, it doesn't. We tried very hard to schedule IEP's before or after school (parents usually preferred before) or during the teacher's planning period.
But beyond that I went to the teachers with an interview form so that no matter what happened the teacher's perceptions were included.
I don't think it works to just schedule the IEP at a convenient time and expect the teacher to show up. Then they just sit there. Their information needs to be meshed with the other information. Their perceptions and observations need to be treated as important.
SUBJECT: Sen. Frist on
Chat-Wednesday
Date: 96-07-08 17:04:07 EST
From: ALauritzen
Sen. Frist will be on the AOL Newsroom chat Wednesday night at 7:00 edt. If you want to express you concern over what is happening with IDEA, maybe this would be the time to do so.
SUBJECT: He answered a question
Date: 96-07-10 22:50:00 EST
From: ALauritzen
Tonite I participated in the Chat Room with Senator Frist. There were lots of questions about welfare reform, whitewater, the senator personally, but I did manage to get 1 question answered. I asked what was happening with IDEA and that I understood that it was stalled. He said that the disability community advocates met with the committee staff yesterday and have some issues to come to an agreement on regarding attorney's fees. (Sen. Gorton) He hopes that they can come to a compromise and that maybe it will make it to the Senate floor within 4 weeks.
I did send in a whole bunch of questions. I hope that some staff person might answer them.
Stay tuned
SUBJECT: NPND Annual Conference
Date: 96-07-10 22:53:37 EST
From: ALauritzen
The National Parent Network on Disabilities will be holding it annual Conference the end of September in Alexandria, VA. Many speakers have been invited. Some are in the government some are not.
If you would like more information. Please e-mail me.
SUBJECT: NPND Friday News
Date: 96-07-12 09:51:01 EST
From: ALauritzen
Did you know that the National Parent Network on Disabilities has 2 ways for
you to access the current IDEA and other news. They have their own website-
http://www.npnd.org and now they have a listserv. To access the listserv
which will automatically send you the late breaking news at least weekly- on
Friday- just send an e-mail to Emily at: NPND@cs.com
There is late breaking news on IDEA on the website today!!!!! It's Friday!!!!
The Dept. of Ed is beginning to gather public input for next year's reauthorization of the 1973 Rehabilitation Act.
ED's Office of Special Education and Rehabilitation Services is seeking comments on improvements to the law, which authorizes federal programs, such as employment services, to help disabled people live independently.
Upcoming meetings will be:
July 11, Washington, DC
July 23, Boston
Sept. 17 Atlanta
Sept. 19 Chicago
Oct. 29 Bellvue, WA
For more information contact Beverlee Stafford, Education Dept., 600 Independence Avenue, SW, Too 3014, Switzer Building, Washington, DC 20202-2550 (202) 205-8831.
Written comments are due to Frederic Schroeder, Education Department, 600 Independence Avenue, SW, Room 3028, Switzer Building, Washington, DC 20202-2531; or fax to (212) 205-9772 or (202) 260-7527.
This, of course, includes Section 504 which covers public school setting for children with disabilities but who do not meet the criteria for a category under IDEA.
SUBJECT: NPND Friday Fax-JULY 12
Date: 96-07-15 15:52:34 EST
From: ALauritzen
IDEA RESURRECTED IN THE SENATE by Larry Searcy
As the ash of recently ignited fireworks turns to dust and drifts towards the Capital, signs of life have also begun to make their presence known. To that end, S. 1578, the reauthorization of the IDEA has also begun to show faint signs of life.
During the early evening of July 9, Senator Bill Frist and Senator Tom Harkin met with NPND and other members of the disability community and "regular" education lobbyists as well. The discussion was wide ranging but essentially focused on the need for these two groups to once again meet and identify areas of consensus that might differ from the content of S. 1578.
Hence, on Thursday, July 11th these organizations reformed the Parent/Educator Consensus Group that rewrote the House version of the IDEA. Their goal is to produce a series of consensus amendments that can then be utilized as a "manager's package" on the floor of the Senate. (Yeah Larry, but what is a "manager's package" ?----- A "manager's package" normally consists of a series of amendments that have been given to the floor manager of a bill-usually the sponsor of the bill-and have widespread if not unanimous support.) Probably no more than three or four amendments will be included in such a package.
After a full day of meeting the Parent/Educator Consensus Group agreed to meet again on Monday, July 15th. During the meeting on July 11th, Senator Lott sent word into the meeting that he would only accept a manager's package that had universal acceptance by those organizations involved in the negotiations. There is strong feeling that if a final package is not reached and acted upon next week that the bill may be dead.
So what about Senator Gorton? As you will recall from an earlier Friday Fax, Senator Gorton has vowed to put several very damaging amendments in S. 1578 that would eliminate punitive and compensatory damages, and would severely limit or eliminate the ability, on the part of parents, to recoup legal fees incurred to protect the educational rights of their children. What impact will a "manager's package" have on him if it does not include the amendments that he wants? There is no easy answer to that question.
However, if part of the agreements surrounding the "manager's package" includes an agreement that no further amendments will be sought by any organization involved in the development of the package, it may serve to help isolate Senator Gorton from his colleagues on this issue. It will also allow sponsors of S. 1578 to present a package to the Majority Leader that can truly be represented as a "consensus" of all of the involved organizations (including the National School Board Association and the American Federation of Teachers) which should enable Senator Lott to understand that this fight truly comes down to one man holding up the bipartisan will of the Senate. It also will raise the specter of the majority party turning its back on a "consensus", bi-partisan piece of legislation that its Presidential Candidate endorsed for passage on his last day in the Senate. In short, with a consensus "manager's package", S. 1578 becomes as politically irresistible as possible.
Despite of all of these good things, its still possible that there will be no bill. If there is no bill all of the possibilities discussed in our earlier Friday Fax still apply. For instance, we can expect to see Senator Gorton on the floor with his amendments every time he gets a chance (remember, he can attach his amendments to any bill moving through the Senate); we can expect others such as Senator Ashcroft to also introduce very damaging amendments; and, we face going through this entire exercise again in the next Congress.
SUBJECT: Re:NPND Friday Fax-JULY 12
Date: 96-07-16 14:01:16 EST
From: BobP142665
What happened during the meeting on 7/15 of the Parent/Educator Consensus Group?
SUBJECT: Re:NPND Friday Fax-JULY 12
Date: 96-07-16 23:00:41 EST
From: Jwmlda
The regular educators offered the Gorton amendments (no punitive or compensatory damages; consider the impact on other children before awarding attorneys fees, no attorneys fees for IEP meetings, mandatory mediation, no attorneys at mediation, and reduction of attorney fees for failure to give notice prior to calling for a due process hearing) as a basis for negotiations. The disability community (including CEC HURRAH), turned them down flat. NO MORE WEAKENING OF IDEA. The groups agreed to disagree. They meet again on Monday.
SUBJECT: Re:NPND Annual Conference
Date: 96-07-18 02:28:22 EST
From: BLiving769
Ann,
Please send me info. on this conference.
Thanks,
Betty
SUBJECT: Re:NPND Friday Fax-JULY 12
Date: 96-07-18 11:04:51 EST
From: BobP142665
Please keep us informed. Thanks!!!
SUBJECT: NPND Conference
Date: 96-07-18 14:47:03 EST
From: ALauritzen
Announcing the National Parent Network on Disabilities Annual Conference
WE STILL HAVE PROMISES TO KEEP
September 28-30, 1996
HOLIDAY INN Historic District, Alexandria, VA
There will be a pre-conference Workshop on September 27, 1996
FAMILY FRIENDLY PUBLIC POLICY WORKSHOP
--How to get your voices heard in local and state government
--How to get the grassroots organized to respond to change
The agenda for the September 28-30 will include:
--Updates on what is happening in Congress that will impact the disability community
--Hear from National Speakers both in and out of Government
--Briefly on the HILL
--Help NPND develop position statements for the Congress after the election
Invited Speakers include:
President and Mrs. Bill Clinton
Vice-President and Mrs. Al Gore
Justin Dart
Judy Huemann
Senators and Congresspersons
For more information about the conference fees, registration, hotel, etc.
Contact the National Parent Network on Disabilities at 703-684-6763 or
NPND@cs.com or on their homepage http://www.npnd.org
SUBJECT: NPND Friday Fax -
3
Date: 96-07-21 14:14:08 EST
From: ALauritzen
FRIDAY News
July 19, 1996, Number 3
IDEA UPDATE:
During the last week NPND and other members of the disability advocacy community here in Washington met with their counterparts representing the interests of "regular" education. These talks were supposed to identify 3 or 4 issues on which both groups of advocates had reached consensus in order to establish a "manager's package" (see Friday Fax 7/12 for description) to facilitate the movement of the IDEA reauthorzation in the Senate. Due to the efforts of the "regular education" advocates to move these talks beyond issues on which consensus has already been reached, all talks have now ended.
Although there is interest amongst Senators and House Members to move the Senate bill, at this time, there is no agreement with "regular education" leadrs. NPND is committed to hold firm and not accept further erosion of the educational rights of children and youth with disabilities. We will continue to participate if talks are rescheduled. Otherwise, there will be no bill. Should there by any further movement, we will report it here.
JUSTICE FOR ALL RALLIES RESCHEDULED
The national Justice for All Rallies scheduled for September 8, 1996 have been rescheduled for October 26. This rescheduling has been made necessary due to the intense pressure of the IDEA reauthorization.
Rally kits are now available. Please spread the word!
ADA BIRTHDAY TELECONFERENCE:
President Clinton and representatives of the Disability Community want to speak to you about the historic issues of 1996 -- the ADA, the IDEA, Medicaid, and other concerns.
Justice For All asks that all members of the disability constituency gather around our speakerphones on WEDNESDAY, JULY 24, from 1:00 - 1:30 PM EDT (Instructions at 12:50 PM EDT). Call Mark Smith at 601-969-0601 to set up Your Reservation.
NPND ANNUAL CONFERENCE:
The NPND Annual Conference is scheduled for September 27, 28 and 29. As in the past, NPND will bring in key members of Congress and their staff to discuss the current state of legislation, such as the IDEA. This year NPND will also include additional panels that will discuss other timely topics. Each week segments of the NPND Annual Meeting agenda will be highlighted here. contact Joanne Egypt at 703-684-6763 or E-Mail us at NPND@cs.com.
SUBJECT: NPND Friday Fax -4
Date: 96-07-27 11:56:51 EST
From: ALauritzen
The Friday Fax - July 26, 1996, Volume 1, Issue 4 weekly bulletin from the
Because of the NPND's grueling pace with the Reauthorization of IDEA, the target date has been changed to OCTOBER 26, 1996. Contact NPND for a Rally planning manual.
The NPND Annual Meeting final agenda is coming together for Sept. 28-29. The pre-conference training - Family Friendly Public Policy Workshop is scheduled for all day Sept. 27. We will be introducing one of our new projects called BRIGHT FUTURES FOR ALL FAMILIES. Stay tuned for more agenda updates in each Friday Fax. Hotel reservations must to be made no later than August 26 to guarantee the room rates.
Contact NPND to register and for more information.
Senator Frist is committed to getting IDEA passed. As presented a Manager's package with 6 amendments to Senator Harkin. Harkin has responded with disability amendments. For the past 3 days Senator Frist has worked diligently to gain concurrence from his fellow Republican Senators. There appear to be more " bumps in the road". Senator Frist hopes to have the Manager's Package to the Floor of the Senate next week. The NPND staff has spoken with Senator Frist, personally, 3 days in a row. Senator Frist has committed himself to getting IDEA to the Floor and passed. Senator Frist described Mr. Harkins response as a "moderate" package. Both Senators have committed themselves to getting IDEA to the Floor and passed.
The Joseph P. Kennedy, Jr. Foundation is seeking applications for the Parent Public Policy Fellowship Program Contact Steve Eidelman at the Kennedy Foundation at 202-393-1250.
HR 3467, Saving Our Children: The American Community Renewal Act of 1996
This bill is co-sponsored by J.C. Watts (R-OK) and James Talent (R-MO) needs watching. The bill has at least 46 cosponsors, and Speaker Gingrich has promised a floor vote soon.
The part to be watched has to do with the use of vouchers for religious schools. H.R. 3467 permits private schools to admit students based on their religion, gender or disability. But there is a question of constitutionality and the compliance with the civil rights laws when religious schools are receiving public funds.
There is a joint hearing next Tuesday, July 30th in 1100 Longworth Building.
Mark-up on the Developmental Disabilities Assistance & Bill of Rights Act Reauthorization Bill On July 24, 1996, the House of Representatives Commerce Committee exercised the voice vote option to pass the Senate version of the DD Act without any amendments. The Senate bill simply reauthorizes the DD Act for three additional years. On Monday the 29th the DD act will move to the House Floor, under suspended rules.
-----
Unfunded Mandates Report Dropped - July 24, 1996
The Advisory Commission on Intergovernmental Relations(ACIR), voted (13-7) on Tuesday not to approve their report on unfunded mandates. ACIR has run out of money and faces a dismal fight to receive continued funding from Congress. You may recall we were able to get the ADA eliminated from the preliminary drafts of the report but the IDEA was still included. Clearly, the phone calls and other contacts have made an impression on the commission members.
SUBJECT: Re:NPND Friday Fax -4
Date: 96-07-27 17:09:40 EST
From: LeeSCK
I was unable to e-mail to Emily at your given address. Problem????
SUBJECT:
ALERT! ALERT! ALERT
Date: 96-07-30 12:31:25 EST
From: BLiving769
CAREERS ACT OUT OF CONFERENCE COMMITTEE VOTE MAY BE BY FRIDAY, AUGUST 2ND URGENT THAT PARENTS AND ACTIVIST ACT NOW!!!
The following was faxed to me this morning, alert was put out by Tom Deweese, President, American Policy Center. (703) 968-9768.
The House and Senate Conference Committee reconciling the differences between the Careers Act and the Workforce Development Act have finished their work and formally filed their final report. That means that it can be voted on this week. Despite the public pronouncements by Senator Kennedy and the Clinton Administration that they will fight its passage ---- if it comes up for a vote it will pass and be signed into law very guickly. Don't believe their smoke screen that the fight is over!!!!!!!!!
The decision to bring it to the Senate floor for a vote ultimately lies with Senate Majority Leader Trent Lott. We need to send the new Senate Majority Leader, Trent Lott a loud and clear message that this legislation should not be scheduled for a vote under any circumstances.
Please join in calling them to demand that the Careers Act and the Workforce Development Act be killed. We need one more effort to try to derail them... and the time is now.
WE MUST RENEW OUR EFFORTS TO STOP THESE BILLS!
WE SIMPLY CANNOT ALLOW THESE BILLS TO PASS!!!
The Workforce Development Act sets up the mechanism that would lead to a combining of the data banks of the Departments of Education and Labor. It sets up the mechanism to institute the Certificate of Initial Mastery (eventually leading to a plastic card containing private, personal information on every student). Even with some of the so-called "conservative amendments" made by the conference committee it still is horrible legislation.
The Act "builds" on School-to-Work rather than repealing it. It is bad legislation that originated in Ted Kennedy's office from a blueprint written by Hillary Clinton, Ira Magaziner, and Marc Tucker. It's heavily promoted by Robert Reich. Yet the legislation is opposed by nearly every conservative and parent group in the nation.
IT IS URGENT THAT EVERY ACTIVIST AND PARENT HELP BY DOING THESE TWO THINGS:
1. Call Senate Majority Leader Trent Lott (202-224-6253). Tell him that you oppose the Workforce and Career Development Act and ask him not to bring it up for a vote.
2. Call your Senators (202-224-3121) and ask them to oppose the Workforce Development Act and that if they vote for it you will not vote for them.
SUBJECT: Re:ALERT! ALERT! ALERT!
Date: 96-07-30 12:40:35 EST
From: BLiving769
NOW IS THE TIME TO TURN THE TIDE AGAINST THE CAREERS ACT. CALL TODAY AND PASS THIS MESSAGE ON TO FIVE MORE PEOPLE. WE CAN AND WILL STOP THESE BILLS IF WE TURN ON THE HEAT NOW.
SUBJECT: They just won't quit!!!!
Date: 96-07-30 23:04:16 EST
From: ALauritzen
SUBJECT: (Not Quite) Friday News from NPND
July 29, 1996
PRESIDENT SHOULD VETO WELFARE REFORM BILL
Advocates for Children and People with Disabilities Must Act Today
July 25, 1996-
Both House and Senate have passed punitive welfare reform bills (HR 3507 and S 1795). Now members are meeting to resolve differences so they can send President Clinton a single welfare bill by August 2nd.
Many would lose access to health care, food stamps and cash assistance.
What began as an effort to reduce the deficit has turned into an attack on our country's most vulnerable people-those who are poor, those with disabilities and those who have moved here for a better life. Congress is no longer debating other bills that would spread the burden of reducing the national deficit among other groups of people.
Please urge the President to veto the welfare reform bill because of its devastating impact on children and adults with disabilities.
The Republican welfare bill would:
* Deny cash assistance to 315,000 low-income children with severe disabilities over the next six years. This loss endangers low-income families' ability to raise their children with severe disabilities at home. Families say that without enough resources to care for their children, they may be forced to place their children in state institutions at enormous cost to taxpayers.
* Deny medical assistance to children who no longer qualify for SSI and cannot qualify for Medicaid through another eligibility category. This means that over the next six years at least 50,000 children with disabilities will no longer be able to receive early intervention services or appropriate medical assistance and long-term care.
* Deny access to SSI and food stamps to most legal immigrants with disabilities, including those who became disable long after coming here. These provisions are harsher than last year's welfare bill, which the President vetoed.
* Limit access for people with disabilities to food stamps, on which they depend for basic nutrition. Currently, over 10% of households receiving food stamps have at least one person with a disability.
Call or e-mail the President immediately!
Urge him to VETO the Republican welfare bill because it will significantly harm children and adults with disabilities and limit their ability to achieve the greatest possible independence. Phone the President at 202-456-1111. For e-mail, you can use forms for the President on http://ww.whitehouse.gov or send directly to president@whitehouse.gov.
This information was provided by the Judge David L Bazelon Center for Mental Health Law.
SUBJECT: Re:ALERT! ALERT! ALERT!
Date: 96-07-31 23:32:13 EST
From: SusanS29
BLiving thank you for posting but please use both upper and lower case in the future.
Thanks.
SusanS29, Host
SUBJECT: Re:ALERT! ALERT! ALERT!
Date: 96-08-01 14:08:19 EST
From: BobP142665
From what you have said, I don't understand what is so bad about this legislation.
SUBJECT: Re:ALERT!--OFFICIAL...
Date: 96-08-02 00:56:55 EST
From: SusanS29
This is your host speaking (smile).
That means I'm in charge of this area.
People are entitled to post here if they want to discuss legislation they believe affects special education; that's what the folder is for.
However, a protracted debate on the pros and cons of welfare, how it should be managed, etc. is *off topic* FOR THIS FOLDER AND THIS AREA.
This is not censorship of any kind, but topic management. There are many other places on line where this topic can be debated vigorously, but the point of *this* area is special education.
So PLEASE-if your response doesn't relate *directly* to special education
-- search out a better place to discuss it. I would appreciate it greatly.
Thanks.
SusanS29, Host
SUBJECT: The FRIDAY NEWS
Date: 96-08-02 22:50:14 EST
From: ALauritzen
The Friday News, Number 6, a weekly news bulletin from the National Parent Network on Disabilities.
IDEA: 1 Day More!
The US Senate is spending one more day before the August recess to complete as much work as possible. Senators Frist and Harkin are still trying to agree on a Manager's Package to get S.1675 to the floor of the Senate for passage. Currently, there are 4 amendments proposed for regular education and 4 for special education in the package. If there is an agreement, the Bill will move with unanimous consent through the Senate.>From there, the bill would go to Conference with the House Bill.
If the last minute efforts fail, the Bills are for all intents and purposes, dead! No predictions from NPND: either we will be very busy trying to influence the Conference between the two bills, or we will be planning strategies of how to bring the entire special education committee together to reauthorize in the 105th Congress, January 1997.
Developmental Disabilities Assistance & Bill of Rights Act Reauthorization Bill Passes in House On July 24, the House of Representatives Commerce Committee passed the Senate version of the DD Act without any amendments which simply reauthorizes the DD Act for three additional years. On Tuesday, July 30 the DD Act moved to the House Floor by unanimous consent, where it passed by voice vote.
The Advisory commission on Intergovernmental Relations (ACIR) voted on July 23 not to approve their report on unfunded mandates. ACIR has run out of money and faces a dismal fight to receive continued funding from Congress.
The Joseph P. Kennedy, Jr. Foundation is seeking applications for the Parent Public Policy Fellowship Program. Contact Steve Eidelman at the Kennedy Foundation (202-393-1250)for more information.
An agenda for the September 28-29 Annual Meeting is coming together. We have scheduled a pre-conference training for September 27: Family Friendly Public Policy Workshop. We will be introducing Bright Futures for Families, a new NPND project in which we are helping the Maternal and Child Health Bureau get their Health Supervision Guidelines out to families. We hope to get lots of your input during the conference. Stay tuned for more agenda updates.
Hotel Reservations must be made by August 26 to guarantee the room rates.
Contact NPND to register and for more information.
Because of NPND's intense involvement with IDEA, the target date for the Rallies has been changed. The date for these events across the US is now set as October 26, 1996.
For information, or a Rally planning kit, contact NPND.
We are developing an electronic listserv in order to get this information out even more efficiently. If you have access to e-mail, please send a note to npnd@cs.com indicating your desire to join the Friday News Listserv. If you are currently receiving this as a fax from NPND, please indicate this so we may remove you from the fax list.
SUBJECT: Re:ALERT! ALERT! ALERT!
Date: 96-08-04 01:08:29 EST
From: BLiving769
Bob,
You need to read "Not With My Child You Don't" by Robert Holland. This will give you a better understanding of what the alert is about.
SUBJECT: NPND
Conference Postponed
Date: 96-08-06 13:45:46 EST
From: ALauritzen
Friends,
Due to circumstances total out of our control the NPND Annual Conference scheduled for September 27-30 has been postponed.
More information will be forthcoming in the Friday NEWS.
If you have any questions, please e-mail me.
Anne
SUBJECT: NPND Friday FAX Aug 9
Date: 96-08-09 12:18:12 EST
From: ALauritzen
AN OPEN LETTER TO MEMBERS AND FRIENDS OF NPND FROM Joanne Butts, President on behalf of THE NPND BOARD OF DIRECTORS.
NPND has enjoyed many successes since it opened its doors back in 1989. NPND is proud of what it has accomplished, from being active in the development and passage of national legislation, to running national training programs for individual parents that provided them with the tools to gain SSI benefits for their children. NPND has been involved in every major effort to improve the quality of life for children with disabilities and their families. Many deserve credit for our successes-the countless families that have responded to Alerts issued by NPND, a small but dedicated staff, a deidcated volunteer Board of Directors, as well as other who have volunteered their time and expertise.
The NPND staff and volunteers, along with families of children with disabilities and the professionals that serve them are members of a large, interconnected family. A family built on trust, dedication and reliability.
Hence, it is with immense regret and pain that we must report to you that through the carefully thought out, deliberate actions of a NPND support staff employee, NPND has been the victim of an embezzlement of significant proportions. The embezzlement was discovered on Tuesday July 20th and confirmed the next day. On July 21st the police were called in and the wheels of justice were placed in motion.
The impact of this felony upon NPND is serious. NPND's cash flow has been constricted beyond anything we have previously experienced. The NPND staff members and members of the Board of Directors have been traumatized by the breach of trust and the financial impact that this embezzlement has had on NPND.
However, life goes on. The NPND Board has met and directed the Executive Director to pursue all of the potential remedies to recoup the funds that have been illegally appropriated. They have also directed the Executive Director to pursue all legal means to prosecute the perpetrator of this crime. The NPND staff have worked around the clock seven days a week to pull together all the documentation necessary to recoup funds and prosecute the guilty party.
THIS MAJOR SETBACK IS SERIOUS, BUT THE NPND FAMILY IS DETERMINED TO SURVIVE IT. However, in the short term, adjustments have to be made.
In light of the situation, it is with great regret that the NPND Board of Directors has voted to postpone the NPND Annual Meeting scheduled for September 28-30, 1996. The Board took this necessary unanimous action due to both the upfront costs of putting the annual meeting together and the additional time demands put on the NPND staff by the abhorrent act.
We know that for some of you, the postponement of the NPND Annual Meeting comes after you have spent precious dollars to secure airfare to attend the meeting. We cannot express enough our apologies to you.
The Board of NPND is now developing a proactive strategy to recoup the funds lost through this embezzlement and the NPND Annual Meeting will be rescheduled at the earliest possible date. Everything that can be done to resolve this situation is being done. We ask your patience and support over these next few months.
NPND gains it strength from its members and friends like you. While there may be some rough sledding ahead, we are confident that NPND will continue to serve and represent the interests of children and youth with disabilities and their families.
SUBJECT: IDEA on Last Legs
Date: 96-08-09 12:25:49 EST
From: ALauritzen
IDEA on Last Legs from NPND Friday FAX Aug. 9
At this time of writing the Senate has been unable to work out a managers package with sufficient bi-partisan support to get to the floor under a "unanimous consent" agreement. The Senate began its summer recess on August 3rd. It will take up business again just after Labor Day and will remain in session until October 4th.
Disability advocates, hill staff and members of Congress continue to work hard in their efforts to gain action on the Senate bill in September. However, with each passing day the hope of seeing the reauthorization of the IDEA completed during the 104th congress grows dimmer.
We urge parents, teachers, educators and other interested parties to communicate with their Senators during the August recess and urge them to reauthorize the IDEA in September with no further weakening amendments.
If anything further develops, you'll see it here.
SUBJECT: FL. P & A
Date: 96-08-12 14:58:26 EST
From: BLiving769
Can someone please provide me with a phone number for the P & A in FL.? I would also like to know if they are very active in advocacy for children with learning disabilities. I would appreciate any information. Thanks.
SUBJECT:
Re: FL. P & A
Date: 96-08-12 23:09:46 EST
From: Ratatat
<<
Can someone please provide me with a phone number for the P & A in FL.? >>
The phone number fo the Association of Protection and Advocacy Systems is 202-408-9514. I bet if you called them they'd have the Flordia phone number for you.
SUBJECT: Re:FL. P & A
Date: 96-08-13 15:46:38 EST
From: BLiving769
Thank you for your help.
Betty
SUBJECT: Re:IDEA on Last Legs
Date: 96-08-16 14:40:03 EST
From: Emu95
"At this time of writing the Senate has been unable to work out a managers package with sufficient bi-partisan support to get to the floor under a "unanimous consent" agreement. The Senate began its summer recess on August 3rd. It will take up business again just after Labor Day and will remain in session until October 4th."
"Disability advocates, hill staff and members of Congress continue to work hard in their efforts to gain action on the Senate bill in September. However, with each passing day the hope of seeing the reauthorization of the IDEA completed during the 104th congress grows dimmer."
Parents must rely on 504 and parental rights and not allow their children to be placed in inappropriate programs !
"We urge parents, teachers, educators and other interested parties to communicate with their Senators during the August recess and urge them to reauthorize the IDEA in September with no further weakening amendments."
Parents need to DEMAND compliance enforcement by USDOE & all nine OCR regional offices in order to protect the children.
If anything further develops, you'll see it here.
SUBJECT: NPND Friday Fax, Aug.
16
Date: 96-08-16 18:45:10 EST
From: ALauritzen
IDEA ALL BUT DEAD!
On Friday, August 2 at approximately 4:00 PM Senate Majority Leader Lott put in place a time agreement to consider the IDEA reauthorization as embodied in Senate bill 1578 along with a "manager's package" of amendments. Three of the amendments are extremely damaging to students with disabilities. In particular, Senator Gorton has put forward an amendment that would drop a provision of the IEP process that requires the IEP team to consider a student's need for assistive technology. Senator Gregg put forward an amendment that would allow states to spend funds appropriated for Goals 2000 programming to be spent on Part B services. Senator Ashcroft has put forward an amendment that would require schools to attach to the IEP any records of disciplinary action that has ever been taken against a particular student.
Each of these amendments pose real threats to student's with disabilities or are aimed at gaining some sort of political advantage against President Clinton. None of them promote or preserve the welfare of students with disabilities. For instance, assistive technology is already current policy and remained in the consensus House bill to which general educators, special educators, parents and disability advocates all agreed (including the National Association of School Boards). Removing assistive technology as a service for students with disabilities is unacceptable and is more extreme than much that has been previously proposed.
By and large, the disability community does not oppose the keeping of records that reflect disciplinary actions that have been taken against a student. However, we are strongly opposed to keeping this type of record in the IEP. The inclusion of this type of information would unduly alter the nature of IEPs from a focus on the instructional strategies that a student may need to be successful to a "rap sheet" of infractions. This focus on infractions deflects energy from teaching or understanding what broke down to merely villanizing a student and generating fear. These types of records should be available to educators but only as is consistent with students without disabilities.
Finally, the amendment from Senator Gregg is nothing more than a thinly veiled attempt to scuttle the Goals 2000 initiative that was originally conceived by the Reagan administration, passed by President Bush and followed through on (although renamed) by President Clinton. It serves only to free up even more an already highly flexible program that must include students with disabilities.
In short, should any one of these amendments pass, that alone would be enough to urge the Congress to kill this bill.
In the 104th Congress, there is now left only the five-week period between September 3 and October 4 to complete action on the IDEA reauthorization. Given the extensive changes in both the Senate and House bill substantial time is necessary to resole all the differences and come up with a bill that the general education or the special education communities will not oppose.
The Senate needs to act on the IDEA in September. It can be done. Your Senators need to encourage, push, prod, and/or cajole the key Republican Senators Frist (TN), Gorton (WA), Ashcroft (MO), Kassebaum (KS), and Gregg (NH) to put a manger's package together that the Democrats and the disability community will accept. The Senate needs to move the IDEA (S 1578) under the unanimous consent calendar where a previously agreed to bipartisan package of amendments is offered and the bill is adopted without debate.
NPND asks all parents, educators, disability advocates and any other concerned parties to contact your Senators between now and Labor Day in their home state and urge them to pass S 1578 with full bi-partisan support under "unanimous consent". Additionally, we urge everyone to call into the Senate on September 4 and communicate the same message to your Senators. - 1-800-962-3524 or 1-202-224-3121.
SUBJECT: IDEA and 504
Date: 96-08-24 22:20:20 EST
From: KySigner
Can anyone tell me if it is possible to download the IDEA and 504 laws on AOL, and if so where do I find them? Please email me with your response.
Thanks
SUBJECT: Re:NPND Friday Fax, Aug. 16
Date: 96-08-25 12:14:34 EST
From: Mom424
The NPND Friday, Aug 23rd message talked about the national call in day on September 3rd. Anne can you give us more inofrmation for this message board.
Once again thank you and NPND for keeping us informed. mom424
SUBJECT: EC kids
kept from sports
Date: 96-08-25 22:14:12 EST
From: RSquared5
If anyone knows of federal or NC state laws re: excluding exceptional children from sports teams based on academic performance, please e-mail me (RSquared5@AOL.com) Thanks!
SUBJECT: Re:EC kids kept from sports
Date: 96-08-27 07:59:50 EST
From: SusanS29
RSquared see the answer I left you in another folder. ;)
SUBJECT: Re:EC kids
kept from sports
Date: 96-08-27 15:11:54 EST
From: RSquared5
Got it, Susan, thanks!!! That was my first post in this area. Hope I didn't use poor "netiquette" posting in different categories. Wanted to make sure I could get help from any available source.
Also, I'm trying to do a search, but not very successfully, to find specific laws.
Thanks again for your help!
SUBJECT: Re:EC kids kept from sports
Date: 96-08-27 23:19:47 EST
From: SusanS29
The law in question is section 504 of ... oh, dear... I *think* it's civil rights legislation. Grievances go through the Office of Civil Rights. 1971 comes to mind as the year but I'm just not certain.
CHADD would know. Plantation Fl (ask teh operator for the area code as it just changed) then 587-3700.
SUBJECT: Re:EC kids kept from sports
Date: 96-08-29 08:24:59 EST
From: RoneeLDA
You might call the Learning Disabilities Association in you state or the
National LDA of America in Pittsburgh...412/341-1515...they are an advocacy
organization and certainly put you in touch with someone or answer it
themselves..good luck..RoneeLDA
SUBJECT: Re:EC kids kept from sports
Date: 96-09-01 22:24:02 EST
From: BLiving769
The law that your looking for is Section 504 of the Rehabilitation Act of 1973. Public Law 93-112, 34 CFR, Part 104. This law prohibits discrimination against individuals with disabilities. You can find out what region you are in by contacting the U. S. Department of Education in Washington, D.C. The Office of Civil Rights (OCR) has issued many letters of findings against many school districts concerning this issue.
SUBJECT: Re:EC kids kept from sports
Date: 96-09-02 10:14:01 EST
From: BLiving769
Telephone number for the Office of Civil Rights in Washington, D.C. is 202-708-5366.
SUBJECT: Litigation Research
Date: 96-09-14 13:52:22 EST
From: Texok
I am currently working on a dissertation and need more information concerning students, with aggressive behavior, in the regular classroom. I am especially interested in students that have been the focus of litigation resulting from their behavior. Any help out there?
SUBJECT: Re:Litigation
Research
Date: 96-09-18 22:16:02 EST
From: Wheels2082
Here's some cases to research:
Honig v. Doe (1988)
Hairston v. Drosick (1974)
Watson v. City of Cambridge (1893)
Hope this helps.
Wheels2082
SUBJECT: Friday News
Date: 96-09-26 11:30:59 EST
From: ALauritzen
SUBJECT: IDEA Update
To: Friday News Listserv
From: National Parent Network on Disabilities
The members of the Consortium of Citizens with Disabilities (CCD), including NPND and the other parent/family-led organizations, met and reviewed the status of the reauthorization of IDEA. In these last days there has been significant movement towards the finalization of a Senate Bill including a new Manager's PAckage. However, serious concerns remain regarding outstanding issues. The hope of CCD groups was to deal with some of these issues in conference. With the time for the 104th Congress almost over, there is not enough time to responsibly resolve many of them.
This message has been communicated to the leaders in both houses of Congress. At this time the CCD has been joined by other national organizations representing regular education in requesting a delay until the 105th Congress. It is unclear at this time whether the withdrawal of support for these bills has been heard. Therefore, we need immediate action from our constituents who agree with the steps we have taken.
Please call the leaders in the Senate and House. thanks them for their efforts to pass IDEA. Let them know that you believe they should set aside this important legislation until the 105th Congress. Ask for a one year extension of the Bill without any amendments. It is necessary. We need to encourage Congress to approve the additional funding for IDEA in the FY 1997 Omnibus Appropriation. We urge Congress to appropriate the highest possible funding for IDEA to help our nation's schools better serve students with disabilities.
Thank Senator Frist for his tremendous help in trying to pass this legislation. His staff has worked tirelessly. Senator Harkin and staff also have done good work. Senator Lott and his staff have brought people together to resolve issues. Please let them know we appreciate their efforts.
If you have any questions, call Patty Smith or Larry Searcy at the
NPND:(703)684-6763; (703)836-1232, fax
SUBJECT: idea reauthorization
Date: 96-09-30 13:18:14 EST
From: Jwmlda
BnTWagner sent out the following alert to fill in the details on the NPND alert.ATTENTION ALL ADVOCATES, PARENTS, EDUCATORS, SERVICE PROVIDERS, EVERYONE !!
This message is vital to the continued education of all children with disability!
The CCD (Consortium for Citizens with Disabilities) Education Task Force and the Consensus Group WITHDRAW SUPPORT OF IDEA PASSAGE THIS SESSION!!!
WE MUST LET SENATOR FRIST KNOW THAT WE ARE WILLING TO RISK EVERYTHING, RATHER
THAN ACCEPT THE DAMAGING CHANGES IN THE CURRENT IDEA "MANAGER'S PACKAGE AND
WE ARE NOT ALONE ! !
CALL 1-800-972-3524 OR 1-800-962-3524
READ THE FACTS:
On Tuesday Sept. 24, the CCD Education Task Force decided - with great sadness - to ask Sen. Frist to postpone action on the Reauthorization because there was not enough time to have a meaningful conference to settle differences in both versions of the bill.
Since Congress returned after Labor Day, Washington-based disability groups have been working either to improve the IDEA or - if necessary -to prevent its final passage. These groups were often in the dark about just what kinds of negotiations were going on, but most felt it was important to continue being involved in the reauthorization discussions. Some of the debate centered on whether we might get a better bill now, or take a risk with the 105th Congress. A number of proposed amendments to the Senate bill were based on the Consensus Document sent to the House in May. However, another set of amendments was later proposed which included issues which had been opposed by the Consensus group. Many in the disability community felt that, despite concerns about the future, we could not accept a bill which had provisions that would hurt children with disabilities and accept the danger that even worse provisions would be added at the last minute.
Finally, on Tues., Sept. 24, it was apparent that major concerns, especially cessation, were not going to be solved, the CCD Education Task Force drafted a letter which asked Congressional leaders (including Senator Frist) to abandon efforts for the Reauthorization in this Congress.
On Wednesday, Sept. 25, members of the Consensus Group sent a letter to Sen. Frist expressing their concern that there was not enough time left to allow resolution of differences in the current bills and asking that the reauthorization be set aside until the next Congress.
On Thursday, the CCD Education Task Force sent a letter to Congressional leaders addressing several "Fall on the Sword" issues. These include;
1) cessation of education services
2) other civil rights issues, such as the requirement that parents identify
the remedy for as well as the reason for the request for a due process
hearing, the stay put provisions under discipline, and the provisions
for changing the placement of children with "disruptive behavior";
3) failure to assure the presence of related services personnel, as appropriate, at IEP meetings, and elimination of assistive technology consideration under special factors under the IEP; and:
4) discretionary programs.
Many have asked, "Just who is the Consessus Group?" These fine people include the best of the disability organizations and committed educational professionals, those that have continued to argue for children's educational rights from the beginning of this exhausting adventure;
American Speech/Hearing Association
Council for Exceptional Children
National Parent Network on Disability
The Arc
Learning Disabilities Association
National Easter Seals Society
United Cerebal Palsey Association
National Association School Psychologists
The American Assn. of School Administrators
The Council of Great City Schools
Who better to let us know when ENOUGH is ENOUGH???
THEY HAVE DONE JUST THAT by asking for Frist and Goodling to stop action!!!
SUBJECT: stop idea cont
Date: 96-09-30 13:27:42 EST
From: Jwmlda
continuation of Wagner message
Many members of the House and Senate have worked VERY VERY HARD toward providing a bill that continues to cover that gammit of educational rights for children with disabilities. The Congressional Staff are to be commended for their efforts!! They are bound to be frustrated. They may be right that we will end up with a worse bill in the 105th Congress. They need to hear that we appreciate their hard work and the protections they fought valliantely to preseve. However many of us in the disability community feel that, despite concerns about the future, we, as parents, educators, and others that care abou the children could not accept a bill which had provisions which would hurt children with disabilities and accept the danger that even worse provisions could be added at the last minute. This was too great a risk to take for ALL children. Remember that ALL means each and every child, regardless of race, sex, disability, or economic status. "ALL means ALL."
*** It seems as if the bill is dead. But we must know that there could be
efforts made to introduce the bill under unanimous consent, or attach it to a
Continuing Resolution Appropirations Bill.***
It is indeed time to "Fall on the Sword." Take a look at the PURPOSE OF
IDEA. MUCH OF WHAT WE ALL WANT FOR CHILDREN IS ALREADY THERE! iT NEEDS TO BE ENFORCED, NOT BUTCHERED BY NEGATIVE AMENDMENTS.
Call Senator Frist's office. Outside Tennessee, Call Senator Frist and your own Senators.
Ask this of them:
1) delay reauthorization until next year.
2) pass a one-year extension of the IDEA discretionary funds and Part H
3) support special ed funding in the appropriations bill.
THANK THEM (Especially Frist and Staff) for all they have done Stay tuned. It ain't over until the gavel falls!
SUBJECT: Friday Fax -October
4, 1996
Date: 96-10-06 16:44:30 EST
From: ALauritzen
Friday News, Number 13
October 4, 1996
IDEA Reauthorization Dies (the wicked witch is dead) And Yet Lives (no rest for the wicked)
The reauthorization of the IDEA ended in the 104th Congress. The Senate was unable to bring a bill to the floor and hence, nothing could go forward from either house.
The good news is that current law is the law of the land. But that does not tell the whole story. In order to understand the challenges still facing us, it is important to understand some of the dynamics and issues that brought down the bills that were put forward during the 104th Congress. Come with us now to the days of the opening of the 104th Congress.
You may remember that in the opening days of this session the first challenge that set upon us was SB. 1, Unfunded Mandates. After much hard work and valiant intervention by parents in Idaho with Senator Kempthorne, the IDEA and the ADA were exempted from that bill. Later in theCongress we faced the de-funding of PTI's, the balanced budget amendment, the ACIR recommendations(again labeling the IDEA as an unfunded mandate), SSI and of course, the reauthorization of the IDEA. Long story short, we won a few partial victories and lost some big battles. As we look into the 105th Congress, even with some change in its membership, many of the legislators who sponsored bills we fought will be back. We can expect more tough sledding ahead.
At the end of the 104th Congress disability advocates requested that senator Frist and others "set aside this important legilation until the 105th Congress."
There is now growing concern that the 105th Congress will move too quickly without allowing time suffiecient to resolve all outstanding issues surrounding the IDEA.
For instance, there has been a lot of discussion around the country about what families will and won't support in terms of modifications to the IDEA. One popular battle cry has been "leave Part B alone". We must all face the political reality that Part B will not be left alone. In fact in the last Congress some positive amendments were made to Part B such as parents became mandated members of the placement team, short term objectives were maintained, positive behavior supports were identified as a necessary part of the IEP for students who need them, special considerations for communication needs (including assistive technology) were added to the IEP, mediation was mandated in all states, and, the ability to recoup attorney fees was protected.
It now is essential to clearly articulate common concerns and positions.of parents across the country. It is also essential that members of Congress also publicly commit to common principles regarding the reauthorization of the IDEA.
Part 2 to follow
SUBJECT: Friday Fax - Part 2- Oct 4
Date: 96-10-06 16:45:11 EST
From: ALauritzen
Attached to this FF is a Petition Supporting the Educational Rights of Students with Disabilities. Based on conversations we've had with parents around the country, we think the principles it contains expresses the interests of parents of students with disabilities in clear, concise language. We urge you to review them and if you agree with them do three things:
1. Circulate one copy of this petition amongst parents. Get them to"sign-on" to the petition as individuals. Collect as many signatures as possible during October and the first two weeks of November.
2. Circulate the petition amongst service providing agencies for agency"sign-ons". As with the individuals above, get as many "sign-ons" as you can between now and mid November.
3. Make appointments with members of your Congressional delegation and ask them to also "sign-on" in support of these principles.
When pursuing your Congressional delegation seek signatures from both incumbents and their challengers (you never know who will win). It's important that these contacts be made during October prior to the election.
In mid-November make copies of these signed petitions and mail them to NPND, the Senate Majority Leader, the Speaker of the House, and the Secretary of Education (FF will provide the appropriate addresses following the election). Additionally, be sure to forward the individual and agency signed petitions to your members of Congress immediately following the election so they know where their constituents stand on these issues.
In addition to getting petitions signed, through any means possible, arrange for your members of Congress to actually visit special education students at school. They need to put a face on this bill. They need more of a first hand experience with the people whose lives will be impacted upon by this legislation.
The main thing to remember here is that we now have another shot at all of this. We must get it right this time. We cannot wait to see how things come out and hope to stop them in the twelfth hour. We must apply pressure and lots of it from the start and keep it up until we get a law that helps kids. Don't be lulled into a sense of false security because of changes in Congress. Remember, all of the draft bills and the bill that passed the House contained provisions that weakened the educational rights of students with disabilities. We should not be in the business of supporting Democrats or Republicans. We should be supporting members of Congress who will preserve and expand the educational rights of students with disabilities. Likewise, we should oppose anyone who will weaken or destroy the educational rights of students with disabilities.
(The Petition is on the next entry)
SUBJECT: Friday Fax Part 3, Oct 4
Date: 96-10-06 16:45:51 EST
From: ALauritzen
A PETITION SUPPORTING THE EDUCATIONAL RIGHTS OF STUDENTS WITH DISABILITIES
We/I the undersigned, believe that more than ever before, it is essential that the educational rights of students with disabilities be protected and expanded. We/I therefore,support the following principles and urge the Congress to support them in the upcoming reauthorization of the Individuals with Disabilities Education Act.
╖ No school age student should ever have educational services cease.
╖ So called "disruptive students" should not be treated as "discipline"problems, they should be viewed as instructional challenges and solutions should be sought through the IEP process.
╖ Students with disabilities must have access to and utilization of all appropriate assistive technology.
╖ Schools should begin formalized planning for the transition to work or further education with students with disabilities at age 14 or before where appropriate.
╖ Parents must be mandated members of the placement team.
╖ Parents must receive notice of all meetings well in their native language.
╖ Parents must remain mandated members of the IEP team.
╖
Parents must have the right to bring anyone with them they feel appropriate to IEP meetings.
╖ School districts should be required to gain the prior approval of parents before any change in placement occurs.
╖ The current "stay put" concept of the IDEA should be maintained.
╖ Classroom teachers should receive the training and support necessary to effectively teach all of the students in their classes.
╖ The rights of parents to recoup legal fees must be maintained.
╖ The IDEA discretionary programs must be reauthorized.
╖ Part H early childhood services must be protected and reauthorized.
Name Organization (as Appropriate) Address Phone/Fax
(Feel free to copy and share)
NPND, 1727 King Street, Suite #305, Alexandiria, VA 22314 - Fax 703-836-1232
The 104th Congress Increases Funding for Education and Other Key Programs
As was reported here last week, the 104th Congress came to a close, agreement was reached on increasing various education and human service programs. As anticipated, the Parent Training and Information Centers received an increase of $2 million and special education (Part B) was boosted by $783 million. Other programs such as Medicaid and Head Start were raised to levels consistent with the Administration's request for FY 97.
For an itemized list of accounts, see the chart below.
ITEM FY 1997 APPROPRIATION CHANGE FROM FY 1996
MCH Block $681,061 + $2,857
Medicaid - current law $98,141,139 + $7,000,576
Medicaid - admin $4,171,923 + $429,923
Head Start $3,981,000 + $411,671
ADD, total $114,232 no change
DD Councils $64,803 no change
P&A $26,718 no change
PNS $5,250 no change
UAP $17,461 no change
SpEd - state grants $3,783,685 + $783,685
(severe dis) $10,030 no change
(personnel devel) $93,339 + $2,000
(PTI) $15,535 + $2,000
(innov. and dev.) $16,000 + $2,000
Rehab total $2,509,447 + $53,355
IL - total $74,687 + $2,127
(NIDRR) $70,000 +$16
(assistive tech) $36,109 no change
NIH (total) $12,747,203 + $819,641
NICHHD $631,703 + $37,156
SUBJECT: Friday Fax Oct. 4- Part 4
Date: 96-10-06 16:46:32 EST
From: ALauritzen
Friday Fax -part 4
Gone Fishin'
Due to staff travel, vacations and just plain being worn out, there will be no FF next week. We'll be back the following week (Friday, October 18) with the latest and the greatest. The response that we've received from the FF since we started doing this a few months ago has been very gratifying. Thanks to all for reading and thanks for caring.
We now have our arms around the elephant (is that phrase politically correct these days). It appears that the embezzlement has left NPND with a significant debt. We are now in the process of developing a plan of recovery. We would be interested in any ideas or input that you may have to help us fight our way through all of this. As with many things we know the process will be slow. In the mean time, life goes on. If you have any suggestions for our fundraising efforts, please forward them to the address below. Thanks again for all of the support you given us through this ordeal.
Urgent call to Action on SSI Children's Regulations
As part of the Welfare bill passed by Congress and signed by President Clinton earlier this year, the Social Security Administration's (SSA) must make certain changes to the eligibility standards for the children's Supplemental Security Income (SSI) program. Under the new law, children must have a "medically determinable physical or mental impairment which results in marked and severe functional limitations." I falls to SSA to determine how severe a child's disability must be to meet this new definition of disability for SSI. This critical decision will have a tremendous impact on tens or even thousands of children with severe disabilities and their families.
Many disability advocates are concerned that the Clinton Administration may set too high a standard in order to avoid Congressional backlash, and because more children dropped from the program, the greater the savings which can be applied to the budget deficit. However, fear of Congressional backlash and arbitrary quotas to increase cost savings are not appropriate driving forces behind public policy. This is especially true when the well-being of tens of thousands of children with severe disabilities hang in the balance.
Call president Clinton; Carol Rasco, Director of the President's Domestic Policy Council; and Franklin Raines, Director of the Office of Management and Budget (OMB) assoon as possible. The White House comment line is (202)456-4111, Carol Rasco can be reached at (202) 46-2216, and Franklin Raines can be reached at (202) 395-4840. Tell them:
╖ Do not set a new standard for disability that will unreasonably and unfairly hurt children with disabilities who are truly dependent on SSI;
╖ The driving force in setting a new standard for SSI eligibility should be the best interest of low income children with severe disabilities, not an arbitrary budget figure; and
╖ The power to hurt these children and their families, or to assistthem, is in the Administration's hands.
SUBJECT: Help with Laws and Spec ed.
Date: 96-10-14 10:51:39 EST
From: GPMonkey
I am looking for a little help on an assignment I have been given for a graduate level course. Right now I taking Laws and Special Education. The assignment's focus is "THE PERCEPTION OF SPECIAL EDUCATION TEACHERS RE:
IDEA." I am currently trying to develop a survey of approximately ten questions that can be answered on a scale or 1-5 or strongly agree to strongly disagree. I would love some guidance on what questions to ask or sources that could help me. As a graduate level student and a Special Education paraprofessional of four years I have some focus but I would love to hear from some professionals or parents that have a strong interest in IDEA.
You can post you suggestions here or email me at GPMONKEY.
Thanks for your help.
SUBJECT: Re:Friday Fax Oct. 18
Date: 96-10-23 10:14:59 EST
From: ALauritzen
The Friday News A Weekly News Bulletin from the National
Bright Consumers, Bright Families, Bright Futures: An Upcoming
Video-Conference on Health Care
Washington, DC... On November 21, 1996 the National Parent Consortium on Maternal and Child Health will air Bright Consumers, Bright Families, Bright Futures, a video teleconference for mothers, families, and professionals on Health Care. The program will originate in Washington, DC and will be broadcast free via satellite throughout the US to sites located at public schools, churches, colleges, universities, homes, hotels, and other public or private video conference sites.
A toll free telephone number will link conference sites and provide two-way communication with participants to ask questions directly of experts. All participants will be provided with a handout to be used by families to map out their health care needs. The video conference will focus on negotiating the Health Care scene in the 1990s with special segments on behavioral health services, cultural diversity, and services for children with special needs.
Patricia Smith, Director of the National Parent Network on Disabilities,stated, "this video conference will provide the skills for parents and families to become smart consumers and ensure the best health care for their children to assure they have a bright future today and tomorrow."
The Video Conference will promote themes and messages from Bright Futures, which is a program sponsored by the US Maternal and Child Health Bureau, Health Resources and Services Administration and the Medicaid Bureau Health Care Financing Administration.It addresses the health and well-being of children and the relationship to health supervision. Organizations supporting Bright Futures include the American Academy of Pediatrics, American Medical Association, American Nurses Association, American School Health Association, Child Welfare League of America, March of Dimes Birth Defects Foundation, and the National PTA.
The National Parent Consortium on Maternal and Child Health, which represents over 450 parent organizations in America, will be working to access parents and families for this how-to conference on family health needs.
The Video-conference will be broadcast free of charge, and will contain
valuable information on health care for children and families. Establishing a
video-conference site is easy. For more information on how you can view and
participate in this exciting event, contact
EMILY MCWHORTER, PROGRAM COORDINATOR, at (703)684-6763, or e-mail:
Thanks to all for your untiring devotion to the IDEA reauthorization. Through all of your hard work, we were able to keep some bad things from happening to the rights of students with disabilities. The fight, however, is not over. It now is essential to clearly articulate common concerns and positions of parents across the country. It is also essential that members of Congress also publicly commit to common principles regarding the reauthorization of the IDEA. If you need a copy of the petition that was circulated with the Friday Fax on October 4, please contact NPND at the address below.
Thanks also for working on the recovery and strengthening of NPND in verypositive ways. There is much work yet to be done and your continued support and involvement arevery much appreciated.
The work of NPND must go on during the recovery period. The IDEA reauthorization efforts will increase after the first of the year. Your time and expertise will continue to be needed. Keep up the good work.
We're getting closer to the November 21 National Video Conference, entitled "Bright Consumers, Bright Families, Bright Futures". Produced by the National Parent Consortium on Maternal and Child Health, the video conference airs at 1:30 PM - 3:00 PM EST. Amongst others confirmed to present during the video conference are Dr. T. Berry Brazelton, Dr. Judith Palfrey, and assisting with understanding what quality health care for kids is all about is the Kids on the Block.
Many of you already know or know of Dr. Brazelton. For those of you who have not yet experienced Dr. Brazelton's approach to accessing health care and life in general, this is must see TV! Often published, Dr. Brazelton remains down to earth and tells it like it is! Dr. Judith Palfrey, also works with families as we wish all physicians did! She will bringing with her a vision of the Bright Future for Families.
Rounding out the broadcast will be parents, kids and others who will help you rethink how to go about getting the health care your child needs. The audience will be able to ask questions of the presenters directly and dialogue with them as well.
What?? You say that you haven't had time to set up a downlink site in your community. It's not too late and we can help you. Contact NPND at 703-684-6763 and ask for Emily. We've done this before. It's painless and can even be fun (and it's good for you too).
Congratulations to Exceptional Parent Magazine for providing 25 years of information and support to parents of children with disabilities. Those unfortunate enough to be unable to participate in EP's Forum 96, celebrating EP's 25 years of service, missed one of the finest gatherings of parents and professionals ever held. Kudos to all involved!
We especially want to recognize Joe Valanzano the new managerial force at EP and Stanley Klein the long time parent "heart" of EP. Good work guys and here's to your next 25 years!
Next Tuesday, we pick our congressional legislative leaders for the next Congress. Without question, we preached at you enough last week about how to determine who deserves your vote..... Now its all up to you.
You are one of the most powerful people in the world. All of the political parties and candidates for office have spent millions if not billions of dollars to influence how you think about issues and people running for office. You're that powerful. You are so powerful, that even after spending all of that money, politicians still fear what you may or may not do. You're that powerful. You can shape the policies and services that your child will have available for school, health care, employment and community life. You're that powerful...............unless you fail to vote! So get out there and show them who's boss. Get out there and vote!!!
Next year when the United States Congress opens up its new session, I'm going to push for reform in Special Education that have been overlooked. Mainly a uniform new teacher training with some more emphasis in Special Education since we live in a time where inclusion is being pushed more often, stopping inclusion without proper supports in order to cut down on costs, informing parents on their rights, maximum number of students and classrooms an inclusion teacher handles, and provide equal access for all students, regardless of disability, in equipment and educational opportunites.
E-mail me for information at Wheels2082 to be placed on the Special Education action list.
SUBJECT: NPND Friday News #18
Date: 96-11-15 18:44:47 EST
From: ALauritzen
IDEA Heats Up
As anticipated, the return of Republican control of Congress has led to an attempt to "pick up where we left off." Already, key hill staff are scheduling meetings with disability advocates to discuss finalizing the reauthorization of the IDEA.
While no specific proposals have yet been presented, we believe that what is in the offing is legislation closely resembling the bill that passed the House as well as the bill that never quite made it to the floor of the Senate.
With the reelection of President Clinton, it is anticipated that the administration will be as amenable as possible to working with the Republican congress in the newera of bipartisanism heralded in by the President and congressional leaders sincethe election.
All of that said, it remains as important as ever that parents are heard concerning the reauthorization of the IDEA and that all parent groups begin to speak with one voice on issues that are critical to our children. To that end, the FF has put out on the street petitions that itemize the principles that parents have told us are important to them. We have already received a smattering of completed petitions. We now need a tidal wave of these petitions to hit Washington. The next two weeks are critical to setting the stage for positive movement on the issues we care about. Please aggressively seek sign offs on the petitions from organizations that serve people with disabilities, your congressional delegation (most of them are still in their home state) and parents of children with disabilities. Forward signed petitions to the Speaker of the House and the Majority Leader of the Senate, as well as to members of your own congressional delegation. If possible please forward copies of these petitions to NPND.
Time is of the essence. Talks have been scheduled to begin as early as November 25.
The Honorable Trent Lott/US Senate/Washington DC 20510
The Honorable Newt Gingrich/US House of Representatives/ Washington DC 20515
Last Chance to get involved with the Bright Consumers, Bright Families, Bright Futures Video-Conference on Health Care on 11/21. We'd love to have you. Contact Emily for more details: (703)684-6763, or npnd@cs.com.
We invite you to participate in the development of a Friends of NPND Quilt that will be on display at the National Office as a lasting tribute to and reminder of all the persons with disabilities and their families that NPND represents in their advocacy efforts in the Hall of Congress and with governmental agencies. With your financial support, we can continue the unwavering commitment of the National Parent Network on Disabilities topersons with disabilities and their families.
The quilt design will be Log Cabin. The Center square, which generally represents the fireplace in the cabin, will symbolize the energy of NPND's advocacy on behalf of persons with disabilities. Surrounding the red block are the logs to stand as the structure of the cabin. The structure of NPND are the members and friends that support their efforts, so each log will hold the names of friends supporting NPND through the quilt project.
What can you do to help build this Friends of NPND Quilt? You can buy logs or
whole blocks to represent yourself, or a family member. Prices range from $25
for part of a block, to $1000 for a four block section. Your name will be
written on each log, or block. As the blocks fill up, they will be assembled
into the quilt top. Contact NPND for more information NPND@cs.com
SUBJECT:
Related Services/MA
Date: 96-11-21 01:01:34 EST
From: DoreenN738
There is discussion in my state (Minn.) of using insurance monies for related services in education. I personally think this is a bad idea. Does anyone out there has any thoughts or opinions about acessing MA funding for educational services?
SUBJECT: Re:Related Services/MA
Date: 96-11-21 08:58:58 EST
From: Ratatat
<<There is discussion in my state (Minn.) of using insurance monies for
related services in education. >>
Uh, this doesn't sound "kosher" to me. Is it legal?
SUBJECT: Re:Related
Services/MA
Date: 96-11-21 09:12:27 EST
From: Lmazzola
Here in Massachusetts, the school system can ASK, but they CAN NOT REQUIRE the parents to use their private insurance. (I am assuming that related services means OT/PT/S & L etc.)I personally do not have a problem with it, unless your insurance has "maximum amount caps" that are low. For instance, my daughter needs to have a Personality and Projective" assessment done as part of her independent evaluation. The school will not authorize it. I will probably use my insurance to cover it even though my mental health benefits are capped at $500. per year. Since the year is almost over, the risk is small that we would need the mentall health benefits for anything else before the year ends. However, if this were January, I would not agree. I don't know if this is covered in the Federal guidelines or if it is a state by state decision.
Lisa
SUBJECT: Re:Related Services/MA
Date: 96-11-21 10:15:50 EST
From: DoreenN738
Well,I think that we can get into very many problems assessing health insurance for related educational services. Quite frankly,folks with children with disabilities have a hard enough problems getting their HMO's and private insurance to cover anything related to the child's disability. They are good with treatments that fall within the "norm" but I have one friend whose HMO covered her child's PT at home for a while but cut benefits because the child did not make significant "improvements" in a designated time period. HMO's and private insurance have a difficult time understanding the difference between rehabilitative services (services such as PT to rehabilitate a knee after surgery let's say) and habilitative services (PT services that keep a child at his/her current level of physical functioning). My friend had to access TEFRA funding (MA funding) to have a PT come to her home for therapies. Now working under this model we are assuming that HMO's and private insurance will deny covering related services in the educational setting and then MA monies would be used to cover educational related services. The way it is set up now in Minnesota a parent that has TEFRA coverage has to submit first to the HMO's and private insurance,when they are denied coverage on certain things,the parents then submit to TEFRA. My first objection to this is that related services are based on EDUCATIONAL NEED,not medical need. What an OT/PT does in an educational setting is different that what an OT/PT does in a medical model. Their focus is different. Related services are tailored so that the child may attain goals and objectives in the child's IEP. This is different than the focus of the "medical model" OT/PT in a medical model focus. It is like comparing,in a sense apples and oranges. I contend that since the focus of related to education in must still be funding by education.
The reason why this is happening in that the Minnesota Legislate Auditor has done an audit of Special Education,and we are anticipating a negative politically driven report,that will focus on related services.
Consequently,I think some folks are trying to figure out a way to gave MA pick up the tab on related services.
I think this will send a dangerous message to education,that they will be able to weasel out of their responsibilities as far as providing related services. This could complicate educational timelines,and due process procedures,and a myriad of other things.
I think we will see more discussion of this from state to state as state move toward managed care for children and adults with disabilites. I think states are going to look at ways of marrying varied funding streams to cover costs related to children with disabilites.
There are some advocacy groups in favor of marrying funding streams,and I think there will be advocacy groups opposing it.
SUBJECT: Re:Related Services/MA
Date: 96-11-21 12:49:56 EST
From: Ratatat
<< I contend that since the focus of related to education in must still be funding by education.>.
Right. Isn't that how it's worded (more or less) in IDEA and 504?
SUBJECT:
Re: Related Services/MA
Date: 96-11-21 20:48:25 EST
From: BigJohnEsq
A District can "ask" a parent to use their insurance for services. However, due to FAPE they cannot require it. The theory at work here is that many insurance benefits have a lifetime or yearly maximum. So, they are not really "free" and they cost the parent something.
On the other hand, I have found that it smetimes makes political sense to point out the law to the District and then agree, in a spirit of cooperation, to submit the bill.
Also, I have found very few District's push the other alternate sources of funds that may be available, such as SSI, etc. By law, these other governmental agencies are required to coordinate benefits.
Will be interested to see how things develope as funding is cut.
SUBJECT:
Re: Related Services/MA
Date: 96-11-22 07:30:11 EST
From: RhoLaren
Big John,
If Minnesota, a state known for its terrific social services, humanitarian government, great schools, etc, is investigating cuts, the less benign states will be close at its heels. Please do not tell me that Minnesota is not Nirvana. I am referencing it to other states with which I am familiar.I was using a comparison, not an absolute standard. Would the phrase "faster than a speeding" bullet have any meaning for people when I use it to describe the speed by which states are going to dismantle much of the funding they now provide? This is not an endorsement for the process, just an observation on what might happen. Good luck to you all.
SUBJECT: Re:Related Services/MA
Date: 96-11-22 21:25:24 EST
From: SusanS29
My health insurance has lifetime limits to it, so potentially the school district would be taking money out of my pocket if they did this.
The law is pretty clear that it's the schools' responsibility, I think.
SUBJECT:
special ed. laws
Date: 96-11-24 11:55:32 EST
From: Skeeta2
Can someone please tell me the critical points in the law IDEA and the difference between PL94-142 and IDEA? Also does anyone have any info regarding IEP and Section 504? Please E-Mail me at SKEETA2 as soon as possible. I'm taking a big test tomorrow and I really need the info!!!! Thanks a lot!!!!!!!!!!!!!!!!
SUBJECT: Re:Related Services/MA
Date: 96-11-24 18:49:00 EST
From: RhoLaren
Susan, I am not disputing the fact that the law states that the state is to do it. I am trying to alert people to the fact that states are going to be trying to pull back. If the state of Minnesota is causing problems, as the poster said, and that is an excellent state, then think of what some of the other states might try to pull. Laws can change. Block grants can change many things we take for granted. That is what I was trying to get across.
SUBJECT: Re:special ed. laws
Date: 96-11-24 18:50:25 EST
From: RhoLaren
A teat in what, and were you supposed to be studying for it all along, and were you supposed to be doing research, and are you trying to get us to do your work for you??? Maybe I misread your post. If I did, sorry. Try accessing some sites on the internet, or try the library.
SUBJECT: Re:special
ed. laws
Date: 96-11-25 09:57:32 EST
From: RhoLaren
You are correct. My spelling needs work. I was just wondering why someone would wait until the day before a test to start asking questions. Not a bad question, if I do say so myself. No, I do not know what you have learned, and it is hard to find the information you seek. Many people ask questions such as yours on these boards, and the great people on these boards answer them. But, it was just the "day before a test" item that intrigued me. Please feel free to proof-read my post for spelling errors. I am sure I made some. Have a nice day.
SUBJECT: Re:Related Services/MA
Date: 96-11-25 11:04:02 EST
From: SusanS29
"I am trying to alert people to the fact that states are going to be trying to pull back. If the state of Minnesota is causing problems, as the poster said, and that is an excellent state, then think of what some of the other states might try to pull."
You're absolutely right, Laren. I've been hearing about it all over the country.
Meanwhile the states who started out that way, such as California, are *broadening* their services, as they have seen the dismal outcome from doing the minimum. But I fear each state will have to find out for itself.
SUBJECT:
Re: special ed. laws
Date: 96-11-25 11:05:20 EST
From: SusanS29
"A test in what, and were you supposed to be studying for it all along, and were you supposed to be doing research, and are you trying to get us to do your work for you???"
In fairness I can see where this might not have been covered in enough detail... It might be some sort of state teacher's exam, for instance. The college course work might or might not have compared and contrasted 94-142 with IDEA.
SUBJECT: Re:special ed. laws
Date: 96-11-27 07:58:32 EST
From: Ratatat
<<Can someone please tell me the critical points in the law IDEA and the
difference between PL94-142 and IDEA? Also does anyone have any info
regarding IEP and Section 504? >>
You've just got your alphabet soup stirred up!
PL 94-142 and IDEA are one in the same. PL94-142 had it's name changed from EHA to IDEA in a 1991 amendment.
IEP means Individualized Education Plan which is written under IDEA to state a child's plan for the year.
504 mean Section 504 of the Rehabilitation Act of 1973, a civil right disabilities law, under which children who are not specifically eligible under one of the IDEA categories yet who's disabilities is impacting their learning can receive specialized supports to allow them equal access to the education the school provides.
SUBJECT: Re:NPND Friday News #18
Date: 96-11-27 16:36:58 EST
From: Socadream
I support anything to help the disabled (my own kids and family are in this group), however, I do take offense at your slant. Democrats aren't the only ones who care about the disabled. I would appreciate you keeping those kind of opinions in another arena-that way you won't alienate people. After all I could ask why I should support someone like our(unfortunately) current president or anything he does,since he doesn't have the best of morals or character or trustworthiness. BUT I WON'T!!!!
SUBJECT: Re:special ed. laws
Date: 96-11-27 16:41:07 EST
From: DoreenN738
Thanks so much for the input on related services. I am glad that everyone thinks that related services should stay under education's mantle. I have to agree with RhoLaren. We cannot assume that rights that are quaranteed on IDEA are set in stone. I think States will be given more leeway in how they will use Federal monies in relation to Education. WE CANNOT ASSUME ANYTHING. Thanks for the input. I thought that we should at least put these dangerous ideas out on the table.
SUBJECT: Re:Related Services/MA
Date: 96-11-27 16:47:28 EST
From: Socadream
Here in CA, at the beginning of the year, my spec. ed. daughter brought home a form asking for insurance info and requesting me to sign approval for the school to try to get them to pay for services the public school provides for my daughter. I refused to even return it to the school. Everyone out there with a child with a disability had better think this thru before they sign it or give the info. Remember, medical insurance companies can share info and that's not the kind of information I want on some mainframe computer for the rest of my childs life. It could happen! Big Brother may not be here, but little brother is alive and well and you never know where the info could be sent.
SUBJECT: Re:Related Services/MA
Date: 96-11-27 22:31:27 EST
From: SusanS29
"Here in CA, at the beginning of the year, my spec. ed. daughter brought home a form asking for insurance info and requesting me to sign approval for the school to try to get them to pay for services the public school provides for my daughter. I refused to even return it to the school. Everyone out there with a child with a disability had better think this thru before they sign it or give the info. "
Not only that, but some insurance policies have lifetime limits.
What if the school district sucks up $40,000 of your insurance money and then (God forbid) your child gets cancer?
SUBJECT: Re:Related Services/MA
Date: 96-11-27 23:26:42 EST
From: ALauritzen
The Friday News, a weekly news bulletin from the National Parent Network on
Here's the state-by-state breakout of the increase in special education funds. Parents need to have a process in place in their state to assure that all of these monies are used to assist students with disabilities more effectively.
State FY '96 FY '97
Alabama $40,895,889 $53,205,158
Alaska $7,445,561 $9,531,124
Arizona $30,926,630 $41,489,412
Arkansas $21,767,818 $29,202,469
California $228,622,421 $306,706,862
Colorado $28,189,964 $37,818,055
Connecticut $31,009,767 $41,600,944
Delaware $6,415,559 $8,485,646
Florida $125,183,617 $167,939,236
Georgia $54,500,058 $73,114,185
Hawaii $6,468,961 $8,678,391
Idaho $9,586,202 $12,860,304
Illinois $103,277,776 $138,551,603
Indiana $54,064,193 $72,529,453
Iowa $26,735,870 $35,867,326
Kansas $21,632,619 $29,021,094
Kentucky $33,452,225 $44,877,606
Louisiana $36,749,462 $49,300,992
Maine $12,862,856 $17,256,078
Maryland $40,707,760 $54,611,221
Massachussetts $64,529,602 $85,108,762
Michigan $76,182,721 $102,202,415
Minnesota $39,676,213 $53,227,356
Mississippi $26,960,663 $36,168,896
Missouri $48,99,264 $65,731,949
Montana $7,447,163 $9,904,162
Nebraska $15,863,867 $21,282,063
Nevada $11,381,723 $15,269,074
New Hampshire $10,206,502 $13,692,464
New Jersey $79,530,001 $106,692,937
New Mexico $19,201,461 $25,759,591
New York $159,349,369 $213,774,040
North Carolina $59,357,530 $79,630,693
North Dakota $5,044,365 $6,689,221
Ohio $91,825,830 $123,188,322
Oklahoma $29,633,498 $38,834,839
Oregon $26,241,486 $35,204,089
Pennsylvania $86,078,620 $114,200,782
Rhode Island $10,118,522 $13,574,435
South Carolina $34,921,251 $46,848,368
South Dakota $6,432,855 $8,398,478
Tennessee $51,036,950 $68,468,276
Texas $178,197,295 $239,059,379
Utah $21,172,943 $28,404,419
Vermont $4,539,452 $6,089,871
Virginia $57,509,947 $77,152,081
Washington $43,138,514 $57,872,182
West Virginia $18,358,789 $24,629,110
Wisconsin $42,946,007 $57,613,926
Wyoming $5,064,508 $6,794,256
District of Columbia $3,133,152 $3,821,329
Puerto Rico $18,127,953 $22,976,161
American Samoa $2,546,094 $3,578,888
Guam $6,151,324 $8,646,536
Virgin Islands $4,663,611 $6,555,350
Other/Outlying $37,774,747 $47,830,111
SUBJECT: Re:Related Services/MA
Date: 96-11-28 10:28:21 EST
From: SusanS29
ALauritzen, thank you for your months (years?) of diligent work keeping us all informed on these important issues. As host of the area I haven't said thank you enough for that.
I have a question for you-where did those funds come from-federal? I was pleased to see the increase in my state (Missouri) because at least where I am (St. Louis County) the special education is done pretty well.
Was there a formula used?
I have heard so many complaints about Florida lately. Does this mean things will improve in Florida, or are we going to need to go there and to a surgical implant (improved attitude-grin) on some of the educational leaders there?
SUBJECT: Re:Regarding fund increases?
Date: 96-12-01 15:26:51 EST
From: ALauritzen
Susan,
Sharing this information is just part of my job as a consultant to the National Parent Network on Disabilities.
It is my understanding that the increases in funds is part of the Presidents Budget increase for special education. But it does not necessarily mean things will be better in states. Many states are struggling with spending questions when it comes to special education. Nebraska is looking at the increase in costs skyrocketing. In an attempt to slow costs the Unicameral in their attempt to control to costs past legislation that said that the increase in special education could not grow faster than regular education. There was an accountability commission appointed to try to determine why costs were going up, we are still waiting for the official answer. There is also a movement to put all the education money in one pot and spend it of ALL childrens programs and services. That is very scary.
I think many states are in similar chaos. It is very important that parents
stay on top of what is happening in their state as well as at the federal
level. The committees in D.C. are already working on IDEA. As I get the
words from NPND I will continue to share. But never hesitate to send e-mail
to me or to NPND@cs.com
Anne
SUBJECT: Labeling
Date: 96-12-01 18:22:53 EST
From: Jeanbubba
I am a graduate student doing a general research paper on the effects of labeling a child disabled. I have not been able to find any empirical research on the positive aspect of labeling. Any suggestions. Thanks in advance!!!
JW
SUBJECT: Re:Labeling
Date: 96-12-01 23:21:53 EST
From: SusanS29
JW I think you'd have to look at the *results* of labeling.
The reason for labeling a child "learning disabled" is to make him or her eligible for interventions. There could be no possible positive gain *just from the label* -- it's what the label makes available.
SUBJECT: Friday News -
NPND
Date: 96-12-06 10:08:37 EST
From: ALauritzen
The Friday News, a weekly news bulletin from the National Parent Network on
Leadership in the House of Representatives Begins to Take Shape
While the leadership of the House Economic and Educational Opportunities Committee will again remain with Rep. Goodling (R-19th/PA), new leadership has emerged at the helm of the Subcommittee on Early Childhood, Youth and Families. Rep. Frank Riggs (R-1st/CA) is the new Chairman of the subcommittee. On the other side of the aisle, it appears that the leadership of the subcommittee will be passed from Rep. Kildee (D-9th/MI) to Rep. Martinez (D-39th/CA). FF was unable to secure a full list of the committee by time of writing. We will provide that information as soon as we have it.
The new makeup of the Senate Labor and Human Resources Committee is:
Republicans:
Sen. Jeffords, Chair; Sen. Coats; Sen. Gregg; Sen. Frist; Sen. DeWine;
Sen.Enzi;
Sen. Tim Hutchinson; Sen. Collins; Sen. Warner; Sen. McConnel
Democrats
Sen. Kennedy, Ranking Minority; Sen. Dodd; Sen. Harkin; Sen. Mikulski; Sen.
Bingaman; Sen. Wellstone;
Sen. Murray; Sen. Reed.
It is not clear who will chair the Subcommittee on Disability Policy or if there will even be such a subcommittee. Sen. Frist (R-TN) chaired the subcommittee during the 104th Congress.
The impact of the leadership changes upon the reauthorization of the IDEA is, as yet, unclear. In future issues of the FF we will profile the new leaders in light of the issues facing us in the upcoming session.
Based on conversations with hill staff and administration officials, it appears that both the House of Representatives and the administration would like to "fast track" the reauthorization of the IDEA. The Senate, however, may first turn its attention to the reauthorization of the Rehab. Act and take up the IDEA reauthorization later in the session.
It appears that the House will introduce its bill during the week of January 7 and that the administration will either put its bill on the street prior to that date or at about the same time. It does not appear that the administration will seek the broad-based input that it did the last time around. It is likely that both the House and Administration bills will closely resemble the bills they produced during the 104th Congress.
The situation in the Senate is much less clear. It appears that no one wants to relive the tortuous process that the reauthorization of the IDEA went through last year. Yet the issues that drove that process remain unresolved. Hence, no action on the IDEA reauthorization is expected in the Senate any time soon.
NPND has received a goodly number of petitions from folks around the states. However through an oversight by us here at the FF, there is no clear place for organizations to "sign on." Hence, we have received a lot of individual signatures but few organization "sign ons." Please feel free to modify the petition in anyway that makes sense in your community or state so that when organizations "sign on" it can be reflected on the petition as such. During the remainder of 1996 and during the first month of 1997 please focus on organizational "sign ons." You're doing great work! Keep it up! Keep those petitions coming in!!! FF will provide a summary of what we have received so far just after the New Year.
SUBJECT: Re:special ed. laws
Date: 96-12-07 14:21:36 EST
From: BigJohnEsq
You sure do nice work - clear and concise. I should use you to write my upcoming brief for the federal courts on the "failure to evaluate" case (when they had reasonable cause to do so prior to the permanent expulsion of two children with ADHD, etc.).
SUBJECT: Re:special ed. laws
Date: 96-12-08 22:37:20 EST
From: Ratatat
<<I should use you to write my upcoming brief for the federal courts on the
"failure to evaluate" case (when they had reasonable cause to do so prior to
the permanent expulsion of two children with ADHD, etc.).>>
Can't you hold them accountable under "Child Find"? It's pretty clear under this provision that even if one teacher in a school acknowledges that a student has problems that could be a disability, then the entire school is considered notified and must proceed to the next step... evaluation.
SUBJECT:
Re: Friday News - NPND
Date: 96-12-09 14:58:17 EST
From: Socadream
Yes, please keep that info flowing. You do an excellant job and we desparately need you!! I pass on your info to a network of very active parents (spec. ed) here and in my capacity as Chair of the Parent Education Comm, District Comm. Advisory Comm./Spec. Ed.
SUBJECT: Re:special ed. laws
Date: 96-12-09 15:10:28 EST
From: RhoLaren
Ratatat,
You have a point about "child find" and finding one teacher to say he/she had noticed some needs. Good luck. If I were an administrator, and knew that at least one teacher might say that the child might need an evaluation, etc., I would shut that person up. period. If I had any savvy at all, I would know that that one teacher could cost the school $$$$$. I am not against what you said, just looking at the topic from another perspective.
SUBJECT: Re:special
ed. laws
Date: 96-12-09 20:39:54 EST
From: Ratatat
<<You have a point about "child find" and finding one teacher to say he/she
had noticed some needs. Good luck. If I were an administrator, and knew that
at least one teacher might say that the child might need an evaluation, etc.,
I would shut that person up. period. >>
Laren, if a case like the one you suggested... a teacher had concerns about a student but was told to shut up... ever went to due process and this came out I would expect there to be punitive damages awarded against the school on a couple of measures - 1) the child find provision and 2) intimitation or "gagging" an employee from pursuing the requirements of the federal law.
SUBJECT:
Re: special ed. laws
Date: 96-12-10 09:15:20 EST
From: SusanS29
"<<You have a point about "child find" and finding one teacher to say he/she
had noticed some needs. Good luck. If I were an administrator, and knew that
at least one teacher might say that the child might need an evaluation, etc.,
I would shut that person up. period. >>
Laren, if a case like the one you suggested... a teacher had concerns about a student but was told to shut up... ever went to due process and this came out I would expect there to be punitive damages awarded against the school on a couple of measures - 1) the child find provision and 2) intimitation or "gagging" an employee from pursuing the requirements of the federal law."
Yes, that's true. Taking this action puts the district at *great* risk for even higher expenses.
I don't know what the answer to the funding problems are... cities and states have the same difficulty (the federal government requires them to do things but doesn't pay for it fully).
I do know that flaunting the law isn't a good idea. Sooner or later the school gets "found out," and then something messy hits the fan.
SUBJECT:
Re: special ed. laws
Date: 96-12-10 11:16:04 EST
From: DoreenN738
When I read RhoLaren's message I am not clear if what she said is the position that she thinks is a good one,or whether she is saying that this is the reality of how things work. In other words Administrator's in reality "gag" teachers who want to make referrals for assessments.
Either way,one can see why we as disability rights activists have to uphold the due process rights of parents. And we can see why litigation costs have skyrocketed. Not because of parents but because of Administrator's 1.ignorance of the law 2.non compliance with the law.
SUBJECT: Re:special ed.
laws
Date: 96-12-10 19:11:18 EST
From: R u Niz
In Chicago, I know for a fact that schools are criticized by the district if they identify "too many" Special ed students.
On the one hand, we are mandated to identify disabled students. On the other hand, we are given stacks of paperwork to fill out prior to full evaluations. We have it in writing that these requirements are not meant to slow down the evaluation process, however, if our numbers climb, we are supposed to prove that we used the channels "suggested" before doing a full case study.
I think there are many ways to "gag" employees and to intimidate parents.
SUBJECT: Re:special ed. laws
Date: 96-12-10 22:36:50 EST
From: RhoLaren
Doreen,
I am sorry for the lack of clarity. The admin would make the teacher shut up so they would not be in a position to be held liable. Of course it is lousy. But, the teacher will have to work there. And, as a matter of fact... now that we have been talking about the child find provisions... some of the "stuff" our system made us do, or not do, makes sense. They did not want anyone to alert anyong that a particular child might have been having problems. Just in case the child might have been found to be really an IDEA child, I guess they did not want anyone to know what they might not have been doing for the child. Does what I said make sense?
SUBJECT: Re:special ed. laws
Date: 96-12-11 02:14:29 EST
From: SusanS29
" In other words Administrator's in reality "gag" teachers who want to make referrals for assessments."
There's absolutely no doubt. Some definitely do that.
SUBJECT: Re:special ed.
laws
Date: 96-12-11 13:07:08 EST
From: DoreenN738
Dear RhoLaren,
Thanks for the clarification. I thought that what you were saying was that the reality versus what really should be going on is different. Thanks a lot. I appreciate your input.
SUBJECT: Friday News from NPND No.22
Date: 96-12-13 18:02:22 EST
From: ALauritzen
New House Leader on IDEA Meets Disability Community
Representative Frank Riggs (R-CA) will assume the Chairmanship of the Subcommittee on Early Childhood, Youth and Families of the House Economic and Educational Opportunities Committee in the 105th Congress. In a most unusual action, Rep. Riggs will trade roles with Rep. "Duke" Cunningham (R-CA). Rep. Cunningham gives up his chairmanship on the subcommittee for Rep. Riggs' slot on the Appropriations Subcommittee. Since the Subcommittee on Early Childhood, Youth and Families has jurisdiction over the reauthorization of IDEA, Rep. Riggs steps into a crucial role. He is a former local school board member and speaks proudly of his previous work in California helping people with disabilities find employment.
Rep. Riggs will begin his Chairmanship in January. Even though not ratified in his position, Rep. Riggs has already begun to reach out to the education constituencies. He met with NPND leaders and the leadership of the Education Task force of the Consortium for Citizens with Disabilities on December 10 to discuss his preliminary plans to reauthorize IDEA in the 105th Congress. He hopes to put IDEA on a fast track in the House by introducing his version of IDEA on January 7, the first day of the 105th Congress. He plans to hold two hearings, on February 4 and 6, one dedicated to issues of discipline, disruption and cessation of service. NPND and CCD were invited to testify at that hearing and to provide advice on how the discipline provisions in the new bill should be drafted. Rep. Riggs and the full committee Chairman, Rep. Bill Goodling (R-PA), have scheduled full Committee mark-up of IDEA during the second week of March. Chairman Riggs made it clear that IDEA is number one priority of Chairman Goodling and himself.
In regards to specifics on the bill, he and his staff announced the bill would not include any provisions about cessation of the educational services for students with disabilities who violate school rules on weapons and drugs. CCD views this as an important first step in garnering disability support for the new legislation. Rep Riggs views IDEA as a vital civil rights law protecting the educational rights of students with disabilities and wishes to save those basic rights. However, he also recognizes the need to address the concerns of administrators and educators. He pledged to play a direct role in developing a final bill that can attain support of special education and general education interests.
Elections were held this week for positions on the Executive Board for NPND.Debra Johnson of Idaho Parents Unlimited in Boise, ID will lead the Board as the new president. Newly elected Board member Terri Dawson of Wyoming PIC, in Buffalo, WY, will serve as Vice President, and Janet Vohs of the Federation for Children with Special Needs in Boston, MA, was elected to a second term as Secretary. We thank these members for their willingness to serve, and look forward to their leadership during the coming years. Thanks go also to outgoing Board member Joseph Garcia of Touchstones in Seattle, WA. Finally, special thanks go out to Joanne Butts, of Washington PAVE in Tacoma, WA and Pam Steneberg of DREDF in Berkeley, CA for their service as, respectively, President and Vice President over the past two years.
NPND was notified by Sen. Jim Jeffords on Dec. 12 about his intention to discontinue the Subcommittee on Disability Policy. Health care reform, education & disability policy will be addressed at the full committee level. The first reauthorization hearing before the full committee in 1997 will be on IDEA.
SUBJECT: Re:Related Services/MA
Date: 96-12-15 14:28:02 EST
From: Jwmlda
IDEA specifies that services must be provided at no cost to the parents.
Therefore, the family's insurance may be used to pay for related services. HOWEVER, there is the danger that by using their insurance to pay for related services, families may inadvertantly reach the lifetime cap for those payments. One version of the IDEA which was floated last year would require parents to use their insurance to pay for related services under part H.
That proposal was quickly dropped. However, it could come up again. KEEP
ALERT
SUBJECT: Moved
Date: 96-12-16 08:02:22 EST
From: SusanS29
Moved from another folder:
SUBJECT: Re:IDEA Reauthorization
Date: 96-12-16 01:00:41 EST
From: Arloateach
Posted on: America Online
One more time! IDEA does need changing. Not for more rights for the handicapped, but less. Give the parents back their children, don't ask the schools to parent, diaper, educate, find a job, teach morality, and essentially babysit their children. It cost the schools too much money! The pendulum has swung too far, it needs to swing back for equality for LD and regular ed children.
SUBJECT: Moved
Date: 96-12-16 08:05:31 EST
From: SusanS29
SUBJECT: Re:IDEA Reauthorization
Date: 96-12-16 01:00:41 EST
From: Arloateach
Posted on: America Online
One more time! IDEA does need changing. Not for more rights for the handicapped, but less. Give the parents back their children, don't ask the schools to parent, diaper, educate, find a job, teach morality, and essentially babysit their children. It cost the schools too much money! The pendulum has swung too far, it needs to swing back for equality for LD and regular ed children.
SUBJECT: STORIES NEEDED
Date: 96-12-16 11:48:25 EST
From: Wheels2082
Hi everyone,
My name is Dawn Saur, and I'm an individual with Aspergers Syndrome. Currently working on getting some reform passed which will improve new teacher training and parents have to be informed of their rights. As you have probably learned, the Rehabilitative Act is up for renewal, and we need to show our support.
SEND ME YOUR HORROR STORIES, AND I'LL PASS THEM ONTO SENATOR TOM HARKIN FROM
IOWA. YOU CAN LEAVE THEM HERE ON THIS MESSAGE BOARD OR E-MAIL THEM TO ME AT
WHEELS2082 (WITH THE SUBJECT HIGHLIGHTED STORIES).
Thanks for your support,
Dawn Saur (Wheels2082)
Online teacher
Special Education Advocate
SUBJECT: Re:Moved
Date: 96-12-17 17:14:49 EST
From: Mittar
The pendulm will probably swing ALL THE WAY BACK to self-contained classroom, not necessarily a bad IDEA!!!!
SUBJECT: Re:Moved
Date: 96-12-18 00:00:05 EST
From: SusanS29
"The pendulm will probably swing ALL THE WAY BACK to self-contained classroom, not necessarily a bad IDEA!!!!"
I think it's a terrible idea, personally. I worked for 20 years in a district that mainstreamed nearly all their LD and BD students, and it worked extremely well.
SUBJECT: Re: Changing IDEA
Date: 96-12-18 16:19:10 EST
From: Ratatat
<< I believe schools should NOT have the burden of parenting sp.ed. children.
>>
Arlo, the energy that is being investing in ranting on this subject would be better spent, IMHO, by writting your own letters to your congressman or senator - if you feel so strongly.
REALLY! You need to take up these issues with all of Congress which enacted it's first education for handicapped 30 YEARS AGO!
Special education in the public school is here to stay. So, why not lets try to come up with some creative solutions for the problems, and attempt some pro-active efforts that work towards consolidating all the players-regular education and special education teacher, parents, legislators, health care providers-to work toward finding answers in a cooperative way.
Bashing only polarizes people. Personalizing alienates people. Ranting loses the attention of people.
There are some real issues here that need to be addressed, and I think it is important to be collaborative toward that goal.
Until that happens, we have IDEA which is presently IN FORCE and probably won't change that much. So, those how'd like to make it stronger, or those who'd like to weaken it, will have to learn to accept and work with in the restraints of IDEA.
SUBJECT: Re: Changing IDEA
Date: 96-12-18 16:22:31 EST
From: Ratatat
<<We are responsible for their education not diapering, vocational training,
moral tutoring, and parenting. Parents need to take back the responsibility
for their offspring. >>
Oh, you might also want to write a letter or two to NEA. Thanks to them there are now life-skills classes, decision-making classes, classes on personal hygiene, and classes on values taking up curricular time - often without or against parental wishes.
I'm one parent who has said and will say again to the schools - please get out of the business of child-rearing on these family issues and go back to teaching the academics during school hours.
SUBJECT: Re: Arloteach
Date: 96-12-18 16:31:35 EST
From: Wheels2082
From what I've picked up at my online teaching job and working from my father an orthetist, we, disabled people, have a lot more expenses then you would imagine. Say for instance your disabled child who wears AFOs (leg braces), and insurance decides not to cover them. The cost falls back onto the parent; its not cheap. Deaf individuals have to cover the cost of TTYs from what I hear they can be pretty expensive but are necessary if they need to talk on the telephone. Almost forgot, paralyzed individuals need wheel chairs or crutches for younger kids they outgrow them every few years with growth, and if they need a special wheelchair, it can get very expensive. Many of the above examples are necessities which disabled people need that you or I don't need for daily life. Without the needeed things, disabled people loose their independence.
SUBJECT: Re:Moved
Date: 96-12-18 18:38:59 EST
From: Mittar
I am not saying that in all cases, children should be placed in self-contained classed. In some instances, especially when special ed teachers are being told to do more and more and tocreate, maintain and enact behaior mod plans, we need to have those students in a limited area.
SUBJECT:
Re: Changing IDEA
Date: 96-12-18 21:31:55 EST
From: RhoLaren
Ratatat,
I like your ideas about working together. BUT, you are misinformed if you think that regular education teachers had ANY input at all into the initial designs of either PL94-142 or IDEA. They, or their organizations, representing only the regulare education teacher, have never been included in any of the initial proposals, nor any of the revisions. period. Maybe this is why some do not buy into the product. This is the first time since inception, that some of the general public is agitating for anything.
SUBJECT: Re:
Changing IDEA
Date: 96-12-18 22:02:17 EST
From: Ratatat
<<I like your ideas about working together. BUT, you are misinformed if you think that regular education teachers had ANY input at all into the initial designs of either PL94-142 or IDEA. >.
Laren, please go back and read my post. I didn't say that regular education teachers WERE involved in designing IDEA. That was done by Congress, initally in 1965 (EHA), and amended since - the latest amendment in 1991 changed it's name to IDEA, among other things.
I am not convinced that the NEA had no impact or input into what occrred with the amendments of 1991. Given that it is the single most weathly and powerful lobby group in the U.S., I'd be surprised if they didn't. So, what I'm saying is - barking at parents, or special education teachers, or even your administration about perceived injustices of IDEA is barking up the wrong tree. Bark at the NEA lobbiest, your congressmen, etc.
Meanwhile - all that aside, I would hope that the people dealing with the problems HANDS-ON could be creative enough to work together to brainstorm some positive solutions. The complaining is nice, but it's doesn't provide usable answers.
SUBJECT: Re:Moved
Date: 96-12-19 00:52:13 EST
From: SusanS29
"I am not saying that in all cases, children should be placed in self-contained classed. In some instances, especially when special ed teachers are being told to do more and more and tocreate, maintain and enact behaior mod plans, we need to have those students in a limited area. "
But Mittar I did that all the time... and in fact it was more effective for most of the students to practice their new skills in the "real world."
