[IDSFparents] Fwd: NDSC Governmental Affairs Newsline

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NDSC <ndsc@...> wrote:

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TO:

NDSC Members and Affiliated Parent Groups

FROM: Goodman,

Director

Governmental Affairs

DATE: June 14,

2007

Appeals Court

Asked to Interpret I.D.E.A.

“Stay-Put”

Provision

Background

M., a 16 year old young man with Down syndrome was in the process of

transferring from 8th grade to a different school district for high

school in ton, Illinois. ’s Individualized Education Program

(IEP) called for him be included in regular academic classes, as he had been in

middle school. , according to the underlying lawsuit, was successful

in these classes advancing academically and socially because “co-teaching” was

used. In the “co-teaching,” model, the regular classroom teacher works

closely with a special education teacher for a designated period of time to

promote adequate progress for the student with a disability. The

high school refused to adopt “co-teaching” in ’s high school IEP.

This, and other issues related to provision of a Free Appropriate Public

Education, formed the basis for the lawsuit. An administrative hearing

officer found against the parents. The District Court ruled in favor of

the parents on the issue on what is considered “current educational placement,”

for the purposes of IDEA’s stay-put provision. The school district

appealed the District Court decision.

I.D.E.A. Stay

Put Provision

According

to IDEA, a student is entitled to “stay-put” in his or her current educational

placement during due process and court proceedings. The District Court

decision provided that was entitled to comparable “co-teaching” services

that he was receiving in the middle school while the case was being

appealed. The school district appealed that decision. The main

issue on appeal is what does “stay-put” mean when a student transfers from one

school to another – in this case, from 8th grade to a high school in a

different district.

The

case is titled JOHN M., By His Parents And Next Friends,

CHRISTINE M. And MICHAEL M. vs. BOARD OF EDUCATION OF EVANSTON

TOWNSHIP HIGH SCHOOL DISTRICT 202, EVANSTON TOWNSHIP HIGH SCHOOL

DISTRICT 202, and ERIC WITHERSPOON.

NDSC

is closely following this case and will keep readers informed about its

progress.

High Expectations

for All Students

The Individuals with Disabilities

Education Act (IDEA) and the No Child Left Behind Act (NCLB) strive to improve

the quality of teaching and to ensure high expectations for achievement for

students with disabilities. Both laws promote the premise that all

students with disabilities can achieve academically and that they should have

access to the same curriculum as non-disabled students. Among other

characteristics, IDEA addresses the individual needs of each child and NCLB

addresses the improvement of academic achievement for all children through

school reform efforts.

The National Center for Education

Outcomes (NCEO) and the U.S. Department of Education have published a booklet

entitled Learning Opportunities for Your Child Through Alternate Assessment.

This booklet will help parents and advocates understand the opportunities

available for all children in the two laws. To do this, it is organized

around what it calls Five Big Ideas.

High Expectations for All Students

Measuring Academic Achievement of All Students

Access to Grade Level Content

Making Decisions One Child at a Time

Counting All Students in School Achievement

The report is available at www.ed.gov/about/offices/list/OSERS.

You will also find information on how to order it from the Department of

Education.

Help Spread the

News!

The NDSC’s Governmental

Affairs Newsline is an excellent resource and one we encourage you to share

with your parent group affiliate, or personal, listserv.

(If you no longer wish to receive

these email updates, please go to our website, and click on “Contact Us”.)

Support Our

Advocacy Work!

************************************************************************

How to Join the

NDSC

Founded in 1972, the NDSC is the oldest national

organization for persons with Down syndrome, their parents, siblings and the

professionals who work with them. The Congress is known for its advocacy,

its encouragement of self-advocate empowerment and leadership, as well as its

many services, including Down Syndrome News, the Governmental Affairs

Newsline, hosting the nation’s largest DS convention (August 3-5, 2007

in Kansas City, MO) and its toll-free information and resource hotline.

Annual dues are just $25, and may be paid online at http://www.ndsccenter.org/; over the phone

at 800/232-6372; or by mail at 1370 Center Drive, Suite 102; Atlanta, GA 30338.

Please join us as we continue “Making a difference, one

family at a time”!

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questions or comments about this Newsline, please contact g1961@....

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[Guest guest]

NDSC <ndsc@...> wrote:

From: " NDSC "

<ndsc@...>

" Recipient: Newsline " <sue@...>

Subject: NDSC Governmental Affairs Newsline

Date: Mon, 19 Nov 2007 12:05:19 -0500

Support the NDSC’s

Advocacy Work!

Join Now!

TO:

NDSC Members and Affiliated Parent Groups

FROM:

Goodman,

Director

Ricki Sabia, Associate Director

Governmental

Affairs

NDSS National Policy Center

NDSC

DATE:

November 19, 2007

NDSC and NDSS

Advocacy Works

I.D.E.A. Fairness

Restoration Act

Thanks to the efforts of parent

advocates and our work in the House of Representatives, the IDEA Fairness

Restoration Act (H.R. 4188) was introduced on Tuesday, November 13, 2007.

Congressman Pete Sessions (R.TX) and Congressman Van Hollen (D.MD) are

the co-sponsors of this bill which would allow

prevailing (winning party) parents to recoup

expert fees and related costs in litigation under the Individuals with

Disabilities Education Act (bill attached).

Background

In 1986, when

Congress amended IDEA, it explained in the Conference Report (an explanation

that accompanies a new law that is not explicitly included in the legislation)

that when parents win their case against a school district, a judge could award

attorney’s fees, including, ‘‘reasonable expenses and fees of expert witnesses

and the reasonable costs of any test or evaluation which is found to be

necessary for the preparation of the parent or guardian’s case.’’ For

years, based on this explanation, parents were awarded expert fees and costs

when they were the prevailing party in a lawsuit.

However,

in 2006 an award of expert fees and costs to parents was challenged in a case

that went to the Supreme Court called Arlington Central School District

v. (2006). At that time, the Supreme Court ruled

that parents cannot recover expert witness fees and related costs since it was

not explicitly stated in the law. As a

result, parents, who are prevailing parties, can no longer recover their expert

witness and related costs.

A Bi-Partisan Effort by Congressman Van Hollen and

Congressman Sessions

Congressman Van Hollen stated,

upon introduction of the bill:

.. . . Occasionally, the school

system cannot or does not provide an appropriate education. In those rare

cases, the Congress recognized that parents should have the ability to

challenge the school’s decision and advocate for a new Individual Education

Plan. As both school systems and parents build their cases, they bring expert

witnesses to assess the student and testify about the quality of the education

plan. . .

For years, prevailing parents were awarded expert witness

fees, as Congress intended.

.. . . In 2006, the provision

was challenged and the Supreme Court ruled that because Congress did not make

its intention explicit in statute (that parents could be awarded expert fees

and costs) courts could not longer award these fees. As a result of this

decision, parents can be faced with many thousands of dollars of expert witness

fees in order to ensure their child gets an appropriate public education. A

single expert witness can charge anywhere from $100 to $300 per hour.

Madam Speaker, every student

with a disability is entitled to a free and appropriate education under the

law. This bill will level the playing field and help parents be effective

advocates for their children’s best interests.

On behalf of individuals with

Down syndrome and other disabilities receiving services under I.D.E.A., we

thank Congressman Van Hollen and Congressman Sessions for their continued

commitment. A great deal of work by advocates still needs to be

accomplished for this bill to become a law. We will be issuing Calls

for Action at the appropriate time.

**************************************************************************************

......................................................................

(Original Signature of Member)

110TH CONGRESS

1ST SESSION

H. R. ___

To amend the Individuals with Disabilities Education Act to permit

a prevailing

party in an action or proceeding brought to enforce the Act

to be awarded expert witness fees and certain other expenses.

IN THE HOUSE OF REPRESENTATIVES

Mr. VAN HOLLEN (for himself and Mr. SESSIONS) introduced

the following

bill; which was referred to the Committee on

___________________

A BILL

To amend the Individuals with Disabilities Education Act

to permit a prevailing party in an action or proceeding

brought to enforce the Act to be awarded expert witness

fees and certain other expenses.

1 Be it enacted by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘IDEA Fairness Res-

5 toration Act’’.

VerDate 0ct 09 2002 12:35 Nov 13, 2007 Jkt 000000 PO 00000 Frm

00001 Fmt 6652 Sfmt 6201 C:\TEMP\VANHOL~1.XML HOLCPC

1 SEC. 2. INCLUSION OF EXPERT WITNESS FEES AND OTHER

2 EXPENSES AS ATTORNEYS’ FEES.

3 (a) IN GENERAL.—Section 615(i)(3) of the Individ-

4 uals with Disabilities Education Act (20 U.S.C.

5 1415(i)(3)) is amended by adding at the end the following

6 new subparagraph:

7 ‘‘(H) INCLUSION OF EXPERT WITNESS

8 FEES AND OTHER EXPENSES AS ATTORNEYS’

9 FEES.—For the purposes of this paragraph, the

10 term ‘attorneys’ fees’ shall include the fees of

11 expert witnesses, including the reasonable costs

12 of any test or evaluation necessary for the prep

13 aration of the parent or guardian’s case in the

14 action or proceeding.’’.

15 ( EFFECTIVE DATE.—The amendment made by

16 subsection (a) shall apply to any action or proceeding

17 brought under section 615 of the Individuals with Disabil-

18 ities Education Act (20 U.S.C. 1415) that has not been

19 finally adjudicated as of the date of the enactment of this

20 Act.

***************************************************************

Help Spread the

News!

The NDSC’s Governmental

Affairs Newsline is an excellent resource and one we encourage you to share

with your parent group affiliate, or personal, listserv.

(If you no longer wish to receive

these email updates, please go to our website, and click on “Contact Us”.)

Support Our

Advocacy Work!

************************************************************************

How to Join the

NDSC

Founded in 1972, the NDSC is the oldest national

organization for persons with Down syndrome, their parents, siblings and the

professionals who work with them. The Congress is known for its advocacy,

its encouragement of self-advocate empowerment and leadership, as well as its

many services, including Down Syndrome News, the Governmental Affairs

Newsline, hosting the nation’s largest DS convention (July 11-13, 2008

in Boston, MA) and its toll-free information and resource hotline.

Annual dues are just $25, and may be paid online at http://www.ndsccenter.org/; over the

phone at 800/232-6372; or by mail at 1370 Center Drive, Suite 102; Atlanta, GA

30338.

Please join us as we continue “Making a difference, one

family at a time”!

************************************************************************

If you have questions or comments, please e-mail g1961@....

We are always glad to receive comments and answer questions.

__