FW: Alert - IDEA Reauthorization Negotiations Begin (September 24, 2004)

[Guest guest]

slaw

The Special Ed Advocate Newsletter

September 24, 2004

_____

Home <http://www.wrightslaw.com>

ISSN: 1538-3202

In this Issue

September 21 Agreement

What You Can Do <>

IDEA Reauthorization News, Resources <> & Talking Points

Daily News from OCLB <>

Subscription and <> Contact Info

Subscribe

Your Email:

Check Email for spelling

Your Name & Zipcode:

IDEA Alert - IDEA Reauthorization Negotiations to Begin

Dear (No Name Available)

On September 21, the Senate and House of Representatives agreed to meet in

conference to reauthorize the Individuals with Disabilities Education Act.

Download this Alert <http://www.wrightslaw.com/nltr/04/al.idea.0924.htm> .

Background

In April 2003, the House of <http://www.wrightslaw.com/nltr/03/al.0421.htm>

Representatives passed (H.R. 1350). On May 13, 2004, the Senate passed

<http://www.wrightslaw.com/nltr/04/al.idea.0520.htm> S. 1248 by a 95-3

vote. These two bills have significant differences from the current IDEA.

The next step is for members of the Senate and House to meet in a conference

committee to resolve the differences between these two bills. Senate

Democrats refused to meet in conference with the House until they were

assured that they would have a meaningful role in developing the bill to

reauthorize the IDEA.

September 21 Agreement

On September 21, the logjam broke when the Senate Minority Leader approved

an agreement between Senator Judd Gregg (R-N.H) and Senator Ted Kennedy

(D-Mass), the main sponsors of the Senate bill. All members of the Senate

HELP Committee were appointed as Senate conferees. The House is expected to

name its conferees later this week.

What You Can Do

If you are the parent of a child with a disability, you represent your

child's interests. You need to stay informed about changes to the law that

will affect your child.

The election is just a few weeks away. You need to express your concerns

about the bills to reauthorize IDEA to conference committee members and to

the presidential candidates now.

Our Children Left Behind developed a short

<http://pub60.ezboard.com/fourchildrenleftbehindfrm28.showMessage?topicID=40

..topic> " To-Do List " that you can use to make your voice heard.

Contact Members of Conference Committee

Parent and disability groups uniformly oppose H.R. 1350 and oppose or have

major concerns with the Senate bill, S.1248. Read IDEA

<http://www.wrightslaw.com/news/2003/idea.talk.pts.0903.htm> Talking Points

Our Children Left Behind published Guiding

<http://p078.ezboard.com/fourchildrenleftbehindfrm28.showMessage?topicID=109

..topic> Principles for the Conference Committee:

* Promote school and community awareness of disability issues.

* Increase opportunities for children with disabilities to be educated in

fully inclusive settings.

* Provide services to equalize educational opportunities for students with

disabilities.

* Preserve or enhance the participatory and procedural protections in IDEA

'97.

* Preserve or enhance the due process rights for children and parents in

IDEA '97.

* Promote educational opportunities for parents to learn about the law.

* Strengthen parent-professional partnerships.

* Measure educational progress; use data collection to measure the

effectiveness of programs and strategies.

Contact Presidential Campaigns

Because the presidential election is so close, you have leverage. In

addition to contacting members of the conference committee, contact the

Presidential campaigns. Your message is simple and clear:

" I am concerned about the future of the Individuals with Disabilities

Education Act (IDEA). I think the concerns expressed by parents have been

overlooked, downplayed, or pointedly ignored. I am paying very close

attention to your actions on this issue. "

To contact the Bush Campaign: visit www.georgewbush.com/ContactUs/ or e-mail

BushCheney04@... or fax 703-647-2993.

To contact the Kerry campaign: visit www.johnkerry.com/contact/contact.php

or fax 202-712-3001.

IDEA Reauthorization News, Resources, Talking Points

To learn why S.1248 is a bad IDEA, read Parents Urge

<http://www.wrightslaw.com/news/04/idea.reauth.feb25.htm> Senate to Vote

" No " , Advocacy <http://www.wrightslaw.com/news/04/idea.update.feb04.htm>

Groups Speak Out, Organize, and IDEA

<http://www.wrightslaw.com/news/2003/idea.talk.pts.0903.htm> Talking

Points.

For news, progress reports, and other important information about the IDEA

Reauthorization <http://www.wrightslaw.com/news/idea2002.htm> , please go to

the IDEA <http://www.wrightslaw.com/news/idea2002.htm> Reauthorization News

Page.

To learn more about the issues, including reports, surveys and

recommendations about how the law may be changed, please visit the IDEA

Resources <http://www.wrightslaw.com/info/idea2002.resources.htm> page.

The National Association of Protection and <http://www.napas.org/> Advocacy

Systems, Inc. (NAPAS) published a side-by-side comparison of H.R.1350,

S.1248, and IDEA '97. You may download this publication from their homepage

or click

<http://www.napas.org/publicpolicy/3%20way%20side%20by%20side%20final.pdf>

to download the side-by-side comparison in PDF (This is a large file so be

patient when you download)

Daily News from OCLB

If you want to receive daily news about IDEA reauthorization from Our

Children Left Behind, you may subscribe by visiting the site at

OurChildrenLeftBehind

or by sending an e-mail to OurChildrenLeftBehind-subscribe

_____

Subscription & Contact Info

The <http://www.wrightslaw.com/subscribe.htm> Special Ed Advocate is a free

online newsletter about special education legal and advocacy issues, cases,

and tactics and strategies. Subscribers receive " alerts " about new cases,

events, and special offers on slaw books.

Law Library <http://www.wrightslaw.com/law.htm>

Seminars <http://www.wrightslaw.com/speak/index.htm> & Training

Advocacy <http://www.wrightslaw.com/advoc.htm>

Yellow Pages for Kids <http://www.yellowpagesforkids.com>

No Child Left Behind <http://www.wrightslaw.com/nclb/>

Free Newsletter <http://www.wrightslaw.com/subscribe.htm>

IDEA Reauthorization <http://www.wrightslaw.com/news/idea2002.htm>

<http://www.wrightslaw.com/archives.htm> Newsletter Archives

Contact Info

Pete and Pam

slaw & The Special Ed Advocate

P. O. Box 1008

Deltaville, VA 23043

Website: http://www.wrightslaw.com

Email: newsletter@...

[Guest guest]

Message Alert - IDEA Reauthorization Negotiations Begin (September 24,

2004)

This email was sent by slaw.com per your request. To ensure

delivery, please add newsletter@wrightslawcom to your address book.

slaw

The Special Ed Advocate Newsletter

September 24, 2004

----------------------------------------------------------------------------

----

Home

ISSN: 1538-3202

In this Issue

September 21 Agreement

What You Can Do

IDEA Reauthorization News, Resources & Talking Points

Daily News from OCLB

Subscription and Contact Info

Subscribe

Your Email:

Check Email for spelling

Your Name & Zipcode:

IDEA Alert - IDEA Reauthorization Negotiations to Begin

Dear (No Name Available)

On September 21, the Senate and House of Representatives agreed to

meet in conference to reauthorize the Individuals with Disabilities

Education Act. Download this Alert.

Background

In April 2003, the House of Representatives passed (H.R. 1350). On May

13, 2004, the Senate passed S. 1248 by a 95-3 vote. These two bills have

significant differences from the current IDEA.

The next step is for members of the Senate and House to meet in a

conference committee to resolve the differences between these two bills.

Senate Democrats refused to meet in conference with the House until they

were assured that they would have a meaningful role in developing the bill

to reauthorize the IDEA.

September 21 Agreement

On September 21, the logjam broke when the Senate Minority Leader

approved an agreement between Senator Judd Gregg (R-N.H) and Senator Ted

Kennedy (D-Mass), the main sponsors of the Senate bill. All members of the

Senate HELP Committee were appointed as Senate conferees. The House is

expected to name its conferees later this week.

What You Can Do

If you are the parent of a child with a disability, you represent your

child's interests. You need to stay informed about changes to the law that

will affect your child.

The election is just a few weeks away. You need to express your

concerns about the bills to reauthorize IDEA to conference committee members

and to the presidential candidates now.

Our Children Left Behind developed a short " To-Do List " that you can

use to make your voice heard.

Contact Members of Conference Committee

Parent and disability groups uniformly oppose H.R. 1350 and oppose or

have major concerns with the Senate bill, S.1248. Read IDEA Talking Points

Our Children Left Behind published Guiding Principles for the

Conference Committee:

* Promote school and community awareness of disability issues.

* Increase opportunities for children with disabilities to be educated

in fully inclusive settings.

* Provide services to equalize educational opportunities for students

with disabilities.

* Preserve or enhance the participatory and procedural protections in

IDEA '97.

* Preserve or enhance the due process rights for children and parents

in IDEA '97.

* Promote educational opportunities for parents to learn about the

law.

* Strengthen parent-professional partnerships.

* Measure educational progress; use data collection to measure the

effectiveness of programs and strategies.

Contact Presidential Campaigns

Because the presidential election is so close, you have leverage In

addition to contacting members of the conference committee, contact the

Presidential campaigns. Your message is simple and clear:

" I am concerned about the future of the Individuals with Disabilities

Education Act (IDEA). I think the concerns expressed by parents have been

overlooked, downplayed, or pointedly ignored. I am paying very close

attention to your actions on this issue. "

To contact the Bush Campaign: visit www.georgewbush.com/ContactUs/ or

e-mail BushCheney04@... or fax 703-647-2993.

To contact the Kerry campaign: visit

www.johnkerry.com/contact/contact.php or fax 202-712-3001.

IDEA Reauthorization News, Resources, Talking Points

To learn why S.1248 is a bad IDEA, read Parents Urge Senate to Vote

" No " , Advocacy Groups Speak Out, Organize, and IDEA Talking Points.

For news, progress reports, and other important information about the

IDEA Reauthorization, please go to the IDEA Reauthorization News Page.

To learn more about the issues, including reports, surveys and

recommendations about how the law may be changed, please visit the IDEA

Resources page.

The National Association of Protection and Advocacy Systems, Inc.

(NAPAS) published a side-by-side comparison of H.R.1350, S.1248, and IDEA

'97. You may download this publication from their homepage or click to

download the side-by-side comparison in PDF (This is a large file so be

patient when you download)

Daily News from OCLB

If you want to receive daily news about IDEA reauthorization from Our

Children Left Behind, you may subscribe by visiting the site at

OurChildrenLeftBehind

or by sending an e-mail to

OurChildrenLeftBehind-subscribe

--------------------------------------------------------------------------

Subscription & Contact Info

The Special Ed Advocate is a free online newsletter about special

education legal and advocacy issues, cases, and tactics and strategies.

Subscribers receive " alerts " about new cases, events, and special offers on

slaw books.

Law Library Seminars & Training

Advocacy Yellow Pages for Kids

No Child Left Behind Free Newsletter

IDEA Reauthorization Newsletter Archives

Contact Info

Pete and Pam

slaw & The Special Ed Advocate

P. O. Box 1008

Deltaville, VA 23043

Website: http://www.wrightslaw.com

Email: newsletter@...

--------------------------------------------------------------------------

This newsletter was generated Fri, 24 Sep 2004 09:19:29 -0700

[Guest guest]

For your information!

More schools to fail progress standard

Results from separate special ed tests can't be used

as passing scores

09:56 PM CDT on Thursday, September 23, 2004

By TERRENCE STUTZ / The Dallas Morning News

AUSTIN -- Many more Texas schools will flunk the

federal standard for adequacy this year after state

officials lost a battle to include the passing scores

for thousands of special education students who take a

different test.

The decision by the U.S. Department of Education means

that nearly 9 percent of Texas students will be

counted as automatic failures in calculating whether

their schools make " Adequate Yearly Progress. "

And as a result, large numbers of parents could gain

the right to transfer their children to other public

schools by the fall of 2005. The ability to transfer

kicks in when a school fails to make the grade in two

straight years.

" There's no doubt there will be a sizable increase in

the number of schools that fail to meet AYP this

year, " Criss Cloudt, associate commissioner of the

Texas Education Agency, said Thursday.

Federal education officials did not return telephone

calls on Thursday.

The final Adequate Yearly Progress ratings for each

school in Texas are due out in February. Preliminary

results will be released in November, but schools may

appeal. Superintendents and principals are being

warned now that their districts and campuses will be

penalized for students who take alternative

achievement tests rather than the Texas Assessment of

Knowledge and Skills.

About 12 percent of Texas public school students are

classified as special education, and nearly 10 percent

take an alternative exam for special education or

limited-English-speaking children.

Over vigorous objections from state officials, the

federal government has ruled that only 1 percent of

those children can count on the positive side if they

pass an alternative test. The rest must count as

" artificial failures " in the overall passing rates for

each campus and district.

To meet the federal standard this year, at least 47

percent of all students and in each student group --

black, Hispanic, white and low-income -- must have

passed the reading section of the 2004 TAKS.

Thirty-three percent must have passed in math.

In addition, elementary and middle schools must have

had a 90 percent attendance rate and high schools must

have had a graduation rate of 70 percent in the last

school year.

School districts and campuses that do not make minimum

progress on test scores and other measures each year

are subject to sanctions specified in the federal No

Child Left Behind act signed by President Bush in

2001.

The transfer option is among those sanctions.

Districts that fall into that category must provide

transportation to other schools.

While the overall Adequate Yearly Progress ratings are

not due out for months, a Sept. 30 government deadline

will force the state to notify the two-time failers by

next week.

The Texas Education Agency said it plans to notify an

estimated 300 schools, in 189 districts, that they

have failed to achieve Adequate Yearly Progress for

the second straight year and must allow their students

to transfer immediately.

Officials could give no estimate Thursday for the

number of schools that will fall short for the first

time. But officials expect the number of failing

schools to jump dramatically because of the automatic

failers.

No-win complaint

Several educators said schools are being placed in a

no-win situation.

If they continue to test special education students

with alternative exams based on their special needs,

they will count as automatic failures in the federal

ratings. If they require the students to take the

TAKS, most will fail because that exam measures skills

they don't possess.

The exam taken by each student is determined by a

committee that can include his parents, teachers and

principal.

Among larger Dallas-area school districts, the

percentage of special education students in 2003 was:

Arlington, 9.8 percent; Dallas, 7.8 percent; Denton,

13.5 percent; Fort Worth, 9.8 percent; Plano, 10.9

percent; and , 11.5 percent.

The federal accountability system runs parallel to the

four-tiered state system, which includes familiar

ratings including " exemplary " and " acceptable. " Those

annual ratings, due out next week, are based on test

scores and other criteria that are different from

those used with the federal Adequate Yearly Progress

standards. (State ratings have not been issued for two

years because of introduction of the new TAKS exam

into schools.)

" It is possible that some campuses could have a state

rating of 'exemplary' and still fail to meet federal

standards, " said Kouri of the Texas State

Teachers Association. " It could be very confusing to

parents. "

Dr. Cloudt said the state agency was rebuffed in

trying to negotiate some changes with the U.S.

Department of Education.

" We've been struggling with this and trying to reach

an accommodation with the Education Department, but we

were unsuccessful, " she said, emphasizing that state

officials support the basic goals of the No Child Left

Behind Act even if they have problems with some

elements.

Law's requirements

The law requires states to show how they will close

achievement gaps and make sure that all students --

including disadvantaged students -- reach academic

proficiency in core subject areas. Progress in

reaching those goals is reported through the Adequate

Yearly Progress ratings.

Dr. Cloudt noted that Texas law requires school

districts to use alternative tests for special

education students -- whether it be the

State-Developed Alternative Assessment or a locally

developed test. Any change in that requirement would

have to be approved by the Legislature, which meets

again in regular session next year.

E-mail tstutz@...

ANSWERS ABOUT THE TESTING

The long and short of a decision by the U.S.

Department of Education on grading Texas schools.

Question: What is required of a school to make

" Adequate Yearly Progress? "

Answer: This year, at least 47 percent of all students

and in each student group -- black, Hispanic, white

and low-income -- must have passed the reading section

of the 2004 state test. Thirty-three percent must have

passed in math.

Question: Why is a federal decision to exclude most

passing scores of special-education students

important?

Answer: In Texas, nearly 10 percent of special-ed

students are tested on a different standard. Because

of the federal ruling, most of them will count as

failers when considering a school's overall passing

rate, and more schools will flunk as a result.

Question: What does it mean for parents?

Answer: It could mean freedom of choice for thousands

more students. In schools that fail to get over the

federal bar two years in a row, students must be

allowed to transfer out. Districts must pay to

transport them to new schools.

SPECIAL ED STUDENTS BY DISTRICT

The percentage of special education students in some

area school districts during the 2002-03 school year:

: 10.7%

Arlington: 9.8%

Birdville: 13.7%

Carroll: 8.9%

Carrollton-Farmers Branch: 9.4%

Cedar Hill: 9.5%

Coppell: 7.7%

Dallas: 7.8%

Denton: 13.5%

DeSoto: 12.2%

Duncanville: 11.4%

Fort Worth: 9.8%

Frisco: 10.8%

Garland: 11.7%

Grand Prairie: 13.1%

Grapevine-Colleyville: 7.2%

Highland Park: 9.3%

Hurst-Euless-Bedford: 10.0%

Irving: 9.6%

Keller: 7.2%

ville: 11.0%

Mansfield: 11.0%

McKinney: 10.4%

Mesquite: 13.7%

Plano: 10.9%

: 11.5%

Rockwall: 9.8%

Wilmer-Hutchins: 7.4%

STATEWIDE: 11.6%

*Note: Figures do not represent students who took the

special assessment, only the percentage who were

classified as special education.

SOURCE: Texas Education Agency data for 2002-03

=====

Stephania L. ,

Educational Advocate, Attention Deficit Disorders Association,

Southern Region

....meeting the challenge of Attention Deficit Disorders

....setting a pace for those who cope with ADD/ADHD

For more information contact boo_stephania@... or call (254) 628-7977

__________________________________________________