Fw: Emergency -- unprecedented attacks on IDEA ....contact Congress

[Guest guest]

Please read this statement by Representative , and please make

phone calls and write (preferably fax) letters to Congress and to

President Bush regarding proposals -- mainly though not exclusively

from Republicans -- to change fundamentally IDEA. Many disastrous

changes are being proposed. For instance, students could be

unilaterally changed to another educational placement -- over parent

objection -- for violating any student code of conduct, even if

the " misconduct " is a direct result of their disability. THIS IS THE

TIP OF A VERY CHILLING ICEBERG. If you would like more information,

please contact me or subscribe to updates from Disability Rights

Education & Defense Fund at dredf.org. The bottom line is that we

have a strong federal law: what is needed is to fund it and to

enforce it. Please join with parents and professionals around the

country to keep Congress from disabling IDEA!

Contact information for Congress is attached below; I would be happy

to receive copies of your letters. Letters should be brief but

personal, preferably referencing HR 1530 and stating that it would be

a disaster for you/your children/your clients/etc. If you would like

more information, or would like to know how to get more involved,

please contact me.

Maureen Graves, Attorney at Law, 34 Schubert Court, Irvine, CA

92612, Phone: ; Fax: ; Pager (leave #): 714-

266-1515; e-mail maureengraves@... .

Statement of Representative (D-California), April 9,

2003 -- on Republican proposals to change fundamentally the

Individuals with Disabilities Education Act:

Despite the many good intentions on the other side of the aisle, this

bill is - in my judgment, and in the judgment of the many parents you

see here today - fundamentally flawed.

" The bill we will consider today has numerous provisions that

jeopardize the quality of education provided to children with

disabilities and their rights under current law.

" Despite promises made last year by this Administration and members

of this Committee to link IDEA reauthorization with full funding, the

bill before us today fails to ensure that additional resources will

accompany these major changes to the law.

" Many of the fights we will have today pit the interests of parents

and students against those of school board members and

administrators. What drives these fights primarily is the scarcity of

resources. It is a problem we could easily solve. If we had the will.

" Almost every member of the House is on record in support of full

funding either as a cosponsor of a bill, as a 'yea' vote on non-

binding resolutions, or as a speaker on special orders, and on all of

the other vehicles members of this body can use to give the

impression of their support for one issue or another.

" But now the moment of truth has arrived.

" Suddenly, the past supporters of full funding, under pressure from

their leadership, are scrambling for cover.

" It would have taken only an additional $1.2 billion in the

appropriations bill passed in February to put us on the road to full

funding. The other side will tell you that we have done all that is

possible and that there are no offsets to provide additional funding.

With all due respect, those arguments do not stand up under scrutiny.

" What we are asking for is to ensure that children with disabilities

have the accommodations, the aides, the qualified teachers, the

curriculum, and other things they need to receive a quality

education. This is chump change compared to the cost of other

legislation this House has passed within the last couple of years.

" The opponents of this full funding on the other side of the aisle

did not ask for an offset when this Congress spent over a trillion

dollars in tax cuts for the wealthiest Americans. They did not ask

for an offset when Congress provided $99 billion over 10 years to

repeal the estate tax for the richest 2 percent of decedents. They

did not ask for an offset when Congress spent $87 billion over 10

years on the farm bill. They did not ask for an offset when Congress

spent $36 billion over 10 years on a pointless energy bill.

" But suddenly they say we cannot afford $1.2 billion? Shame on them

and shame on us.

" To add insult to injury, the IDEA bill contains many provisions that

allow states and school districts to divert funds - all IDEA funds -

away from direct services to students with disabilities during the

regular school day. Here is a partial list:

- 15 percent of funds can be diverted to a new " pre-referral "

program.

- 20 percent of funds can be used to supplant local education funds.

- An unlimited percentage of funds can be diverted to " supplemental

services " required under the Title I program of federal education law.

" These are all worthy purposes. But because we fail to provide the

necessary funding, we are setting an even more intense competition

for scarce resources. Resources that - given state and local budget

crises and the prolonged economic downturn - are becoming scarcer and

scarcer every day.

" H.R. 1350 authorizes a pilot project under which the Secretary of

Education may grant waivers to up to ten states under the auspices

of 'paperwork reduction.'

" Under this authority, many bedrock requirements of IDEA could be

waived, including:

3? Individualized Education Programs -

q· Documentation on ensuring access to general education curriculum;

q· Documentation ensuring accommodations on state tests;

q· Information on a child's academic achievement;

q· Information on transition plans for postsecondary education or

employment.

3? Procedural Safeguard Notices - Notices provided to parents to

ensure they are aware of their rights.

3? Prior Written Notices - Notices to parents on the services and

placement their child will receive.

3? Accountability and Public Reporting - State and local achievement

and drop out data, disaggregation by race or LEP status,

disproportionate representation of minorities in special education.

" Even if children and their parents are lucky enough to live in one

of the states that is not part of the waiver program, they cannot

escape this bill's damage.

" The Republican bill would fundamentally undermine the due process

rights of all parents:

!? Parents would be barred from raising new issues at due process

hearings - even if new evidence has surfaced;

!? Hearing officers would be hamstrung to limit rulings to the denial

of a Free and Appropriate Public Education (FAPE).

" Schools would not be liable for procedural, due process, and other

violations.

" Schools would have little to fear in denying parents due process

rights because parents would effectively have no recourse, no remedy.

!? H.R. 1350 institutes a one-year statute of limitations on

violations of IDEA.

" Virtually the only thing that would have a shorter statutory reach

would be parking tickets and traffic violations.

" H.R. 1350 would allow students to be expelled unilaterally and

placed in an 'alternative setting' for any violation of a

school's 'code of conduct.' This is the single most egregious

provision in this bill. It will set back the disability rights

movement 30 years.

" Under the guise of discipline, many children will confront the same

obstacles they confronted before IDEA was passed - school districts

that can say, unilaterally: 'You are not welcome here. We do not want

to educate you.'

" Under this provision, a student could be expelled for virtually

anything:

- chewing gum

- shouting out in class

- carrying a plastic eating utensil with their lunch

- inappropriate displays of public affection

- being late for class

- not completing homework

" Moreover, placement in an alternative setting is unilateral.

" There is no 'manifestation determination' that would mitigate the

consequences for students whose violations are the result of their

disability.

- A child with Tourrete's syndrome could be expelled for shouting out

in class.

- A child with cerebral palsy could be expelled for inadvertently

making contact with another student or teacher.

- A developmentally disabled child (low IQ) could be expelled for

an 'inappropriate public affection.'

- A child with Attention Deficit Disorder could be expelled for

repeatedly being late for class or getting out of his or her seat.

" As I said, I think many of the provisions in this bill are well-

intentioned. Some make sensible improvements in the law and I

appreciate the efforts the other side made to try to accommodate our

concerns. But overall, the bill is fundamentally flawed.

" I urge the majority to favorably consider the changes we will seek

to make today. And I respectfully urge that all members go back to

their districts over this recess and talk with their constituents

about the consequences - those clear and those unintended - that will

result if this bill becomes law. "

###

United States House of Representatives

COMMITTEE ON EDUCATION AND THE WORKFORCE

108th Congress, 1st Session

Room Majority Members Phone

1011 A. Boehner, Ohio (Chairman) 225-6205

2462 E. Petri, Wisconsin (Vice-Chairman) 225-2476

2182 Cass Ballenger, North Carolina 225-2576

1124 Hoekstra, Michigan 225-4401

2242 P. " Buck " McKeon, California 225-1956

1233 N. Castle, Delaware 225-4165

1030 Sam , Texas 225-4201

2436 C. Greenwood, Pennsylvania 225-4276

1707 Charlie Norwood, Georgia 225-4101

2333 Fred Upton, Michigan 225-3761

1714 Vernon J. Ehlers, Michigan 225-3831

504 Jim DeMint, South Carolina 225-6030

132 ny Isakson, Georgia 225-4501

1213 Judy Biggert, Illinois 225-3515

1032 Todd Platts, Pennsylvania 225-5836

508 J. Tiberi, Ohio 225-5355

419 Ric Keller, Florida 225-2176

507 Tom Osborne, Nebraska 225-6435

2405 Joe , South Carolina 225-2452

501 Tom Cole, Oklahoma 225-6165

218 Jon C. Porter, Nevada 225-3252

1429 Kline, Minnesota 225-2271

408 , Texas 225-3864

1208 Marilyn Musgrave, Colorado 225-4676

509 Marsha Blackburn, Tennessee 225-2811

1118 Phil Gingrey, Georgia 225-2931

512 Max Burns, Georgia 225-2823

2181 Majority Staff Office 225-4527

Room Minority Members Phone

2205 , California (Rank. Min.) 225-2095

2107 Dale E. Kildee, Michigan 225-3611

2309 Major R. Owens, New York 225-6231

2209 M. Payne, New Jersey 225-3436

2439 E. s, New Jersey 225-6501

2263 Lynn C. Woolsey, California 225-5161

1535 Hinojosa, Texas 225-2531 1224 Carolyn McCarthy, New York

225-5516

120 F. Tierney, Massachusetts 225-8020

1713 Ron Kind, Wisconsin 225-5506

1730 Dennis J. Kucinich, Ohio 225-5871

1023 Wu, Oregon 225-0855

1630 Rush D. Holt, New Jersey 225-5801

1517 , California 225-2040

1029 Betty McCollum, Minnesota 225-6631

1222 Danny , Illinois 225-5006

128 Ed Case, Hawaii 225-4906

1440 Grijalva, Arizona 225-2435

1517 L. Majette, Georgia 225-1605

1419 Van Hollen, land 225-5341

222 J. , Ohio 225-5261

1133 H. Bishop, New York 225-3826

2101 Minority Staff Office 225-3725

4 Digit numbers beginning with 2's are in the Rayburn House Office

Building

4 Digit numbers beginning with 1's are in the Longworth House Office

Building

3 Digit numbers are in the Cannon House Office Building

Writing letters: FAXES and e-mails are best:

President Bush

The White House Phone Numbers

COMMENTS:

SWITCHBOARD:

FAX:

Email addresses:

Dianne Feinstein: senator@...

Barbara Boxer: senator@...

Senator Diane Feinstein

Suite 331

Hart Building

Washington, D.C. 20510

202/224-3841 phone

415/249-4777 phone

Fax:

Senator Dianne Feinstein

United States Senate

331 Hart Senate Office Building

Washington, DC 20510

Senator Barbara Boxer

Suite 112

Hart Building

Washington, D.C. 20510

202/ 224-3553 phone

415/403-0100 phone

Boxer -- Los Angeles

312 N. Spring Street, Suite 1748

Los Angeles, CA 90012

fax

Representative for Irvine area: Representative

Orange County Office:

One Newport Place, Suite 1010

Newport Beach, CA 92660

Phone:

Fax:

Click here for directions Washington Office:

2402 Rayburn Building

Washington, DC 20515

Phone:

Fax:

Email:

christopher.cox@...

Maureen Graves, Attorney at Law, 34 Schubert Court, Irvine, CA

92612, Phone: ; Fax: ; Pager (leave #): 714-

266-1515; e-mail maureengraves@... .