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LISA'S POST ABOUT IDEA LETTERS

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Wow, , what a powerful post! And so very true! Folks, this is important

stuff! Please take 's lead and help us out here - help OUR KIDS out here

- while there's still time!

It's so quick and easy - just take a look at the post below, and then use the

letter (this is the edited version - first one posted by had a couple of

very minor typos), so please use this one (but don't worry if you've already

used or distributed the first one):

Washington said, " The basis of our political systems is the right of the

people to make and to alter their constitutions of government. "

This is perhaps the most important email you will ever read if you are a US

citizen who cares for a child with a communication and/or any other impairment.

Please feel free to show support even if you live outside the US.

Many of us feel helpless at times when we have a special needs child. This

includes during an " IEP " meeting, a meeting which is supposed to bring our child

a free appropriate public education through an " Individual Education Plan "

(IEP).

Some here have preschool children and may feel this doesn't apply yet to their

child, so why bother reading today when one can deal with it when it matters

down the road. Some here may have older children already in school and

receiving appropriate services that they take for granted will always be there.

After all, up till now, through advocacy support and awareness raised through

grassroots nonprofits like CHERAB, books like The Late Talker, and websites like

Speechville.com and Ourchildrenleftbehind.com, we have learned how to help our

children succeed so that they too have a chance at a bright future just like

everyone else. We assumed this wouldn't change for 'our' child. We were wrong

- it is changing as we sit here and read this. Our truth today may become a

distant memory tomorrow unless all of us - including you - reach out to make a

difference.

Tricia Morin (http://www.cherab.org/information/silentnomore.html )is so upset

about what the future holds for her own son, , as well as for all of our

children, that she has volunteered to fly at her own expense to Washington D.C.

in just a few days now, March 24th and 25th, for all of us, all of our

children, so that the voices of our children can be heard. Tricia has already

set up appointments with various senators from all over the country who are

taking her concerns - our concerns - seriously enough to sit down and talk with

her about them. This is an amazing opportunity for each of us to make a

difference. We can all be there with Tricia, and that is what she requests from

us. You don't even have to fly to Washington, but if you want to do that you

can.

Tricia only requests of us something that will take each of us just a few

minutes, but will make a huge impact. It is up to us to share our voices for

our children who can not yet speak for themselves. We again can all can be

right there with Tricia; each one of us does and will make a difference.

Thousands and thousands of letters from us will help bring our children a voice.

This group is one of the largest for communication impaired children, with

thousands of members, and each of us as parents and professionals have others

that we can share this message with. Time is short so please, right after you

read the following, just cut and paste the following email, fill in the blanks

to personalize it with your message, whether you are a parent, an aunt, a

grandmother, a teacher, an SLP or OT or MD, to show as a group we DO care. Your

letter could be the one that has the impact needed for change. We do know that

the more letters Tricia receives, the more powerful the message, the louder the

voice we send. We were advised that actual signatures are not necessary and

that emails are sufficient. This should only take you minutes to do -again

perhaps the most powerful and important thing you ever did for your child. All

letters can be emailed to Tricia Morin at morinfamily4@... ( morinfamily4

at nc.rr.com )

Please feel free to either cut and paste the following and keep exactly the same

with just filling in the blanks, or send your own letter to Tricia.

Sample letter that you can just cut and paste and personalize:

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Name____________________

Address__________________

( if you don't want to include, please include State)

State____________________

Date: ___________

Senator ______________ (Find your Senators here: http://www.senate.gov/ )

Washington DC 20510

Re: Letter Regarding S. 1248

Dear Senator ____________,

There are 6.5 million children in this country who desperately need help that

only you and the other Senators on Capitol Hill can provide.

As a _____________________ (examples: mother of two children with apraxia,

parents of a special needs child, father of a child with autism and ADHD,

teacher of special needs children, speech pathologist for a rising number

of speech and language impaired children, neurologist who is researching

neurologically based disabilities in children, etc.), I am asking that you vote

NO to S. 1248.

Education is the key to independence and future success. It is critical to

getting a well paying job. Before the passage of the Individuals with

Disabilities Education Act (IDEA) in 1975, which granted all children with

disabilities a free, appropriate public education, many children with

disabilities did not attend school. They did not have access to school

buildings or general education curriculum. IDEA was reauthorized in 1997.

IDEA 97 is giving children with disabilities access to education so unlike years

ago, almost all with special needs graduate today! Please leave IDEA alone - it

is not broken, nor does Part B need to be reauthorized as it is already

permanently authorized.

The " Education Gap " is the difference in levels of educational achievement

between people with and without disabilities. S. 1248, eliminates many important

provisions contained in current law (IDEA 97), provisions upon which parents

have relied in obtaining a Free Appropriate Public Education for our/their

children. For example, the proposal to write Individual Education Plans (IEPs)

every 3 years instead of the current annual schedule is setting children up for

failure without accountability. No professional can write a document that will

cover 3 years worth of specialized and intensive instruction for a speech and

language impaired child, for example. If passed, S. 1248 will condemn children

with communication and other disabilities to struggle against the same

segregation, neglect, and abuse they faced more than 30 years ago.

As ____ (a parent/s of a beautiful son named who is speech impaired, a

professional) I/we believe that current IDEA legislation should be enforced to

allow students with disabilities to close that gap. The enforcement of IDEA

has been left largely on the backs of parents. ______ (examples: Parents/As a

parent I) do not have the resources, money and teams of lawyers at my/our/their

disposal. With the passage of this bill we/they will have nowhere to turn when

______(our/their) _______(examples: our son who is tested to have above

average intelligence but who has a severe impairment of speech, children with

disabilities) is/are not getting a free, appropriate public education.

School districts are only now beginning to implement IDEA 97 and No Child Left

Behind. Even though IDEA has been a law for thirty years, only in the past few

years have we seen the districts actually begin to provide appropriate speech

and other special services. Please give IDEA 97 and No Child Left Behind a

chance to work. The bill you are about to vote on, if passed, will directly

affect 6.5 million American children with disabilities and their futures,

including _____ (examples: my innocent and intelligent five year old son

who deserves a chance not to be " left behind " due to his inability to speak/ my

patients) Please look at the long term consequences of this decision by you and

the rest of the Senate, for it will have a lasting impact on our society.

The question is simple: do we want those 6.5 million speech impaired and other

special needs children of today to be independent, contributing taxpayers of

tomorrow, or do we want them to be forever reliant on the government, a burden

to society?

Please help bring our innocent children a voice, and a future, and vote no to

S. 1248

Sincerely,

____________________________

(optional phone number)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ End of letter

Again, we were told actual signatures were not necessary - so just fill in the

above email and " mail " to Tricia Morin at morinfamily4@... ( morinfamily4

at nc.rr.com )

Our thanks for taking this seriously on behalf of all of our children and for

acting on this ASAP, and for passing this on to everyone you know that also

cares for the children's futures.

=====

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Guest guest

Hi Sandy,

Thanks again for also helping parents understand that we can make a

difference,people have to realize the bigger picture not only for right now!

Jeanne

> Wow, , what a powerful post! And so very true! Folks, this is important

> stuff! Please take 's lead and help us out here - help OUR KIDS out here

> - while there's still time!

>

> It's so quick and easy - just take a look at the post below, and then use the

> letter (this is the edited version - first one posted by had a couple of

> very minor typos), so please use this one (but don't worry if you've already

> used or distributed the first one):

>

>

>

> Washington said, " The basis of our political systems is the right of

the people to make and to alter their constitutions of government. "

>

> This is perhaps the most important email you will ever read if you are a US

citizen who cares for a child with a communication and/or any other impairment.

Please feel free to show support even if you live outside the US.

>

> Many of us feel helpless at times when we have a special needs child. This

includes during an " IEP " meeting, a meeting which is supposed to bring our child

a free appropriate public education through an " Individual Education Plan "

(IEP).

>

> Some here have preschool children and may feel this doesn't apply yet to their

child, so why bother reading today when one can deal with it when it matters

down the road. Some here may have older children already in school and

receiving appropriate services that they take for granted will always be there.

After all, up till now, through advocacy support and awareness raised through

grassroots nonprofits like CHERAB, books like The Late Talker, and websites like

Speechville.com and Ourchildrenleftbehind.com, we have learned how to help our

children succeed so that they too have a chance at a bright future just like

everyone else. We assumed this wouldn't change for 'our' child. We were wrong

- it is changing as we sit here and read this. Our truth today may become a

distant memory tomorrow unless all of us - including you - reach out to make a

difference.

>

> Tricia Morin (http://www.cherab.org/information/silentnomore.html )is so upset

about what the future holds for her own son, , as well as for all of our

children, that she has volunteered to fly at her own expense to Washington D.C.

in just a few days now, March 24th and 25th, for all of us, all of our

children, so that the voices of our children can be heard. Tricia has already

set up appointments with various senators from all over the country who are

taking her concerns - our concerns - seriously enough to sit down and talk with

her about them. This is an amazing opportunity for each of us to make a

difference. We can all be there with Tricia, and that is what she requests from

us. You don't even have to fly to Washington, but if you want to do that you

can.

>

> Tricia only requests of us something that will take each of us just a few

minutes, but will make a huge impact. It is up to us to share our voices for

our children who can not yet speak for themselves. We again can all can be

right there with Tricia; each one of us does and will make a difference.

Thousands and thousands of letters from us will help bring our children a voice.

>

> This group is one of the largest for communication impaired children, with

thousands of members, and each of us as parents and professionals have others

that we can share this message with. Time is short so please, right after you

read the following, just cut and paste the following email, fill in the blanks

to personalize it with your message, whether you are a parent, an aunt, a

> grandmother, a teacher, an SLP or OT or MD, to show as a group we DO care.

Your letter could be the one that has the impact needed for change. We do know

that the more letters Tricia receives, the more powerful the message, the

louder the voice we send. We were advised that actual signatures are not

necessary and that emails are sufficient. This should only take you minutes to

do -again perhaps the most powerful and important thing you ever did for your

child. All letters can be emailed to Tricia Morin at morinfamily4@n... (

morinfamily4 at nc.rr.com )

>

> Please feel free to either cut and paste the following and keep exactly the

same with just filling in the blanks, or send your own letter to Tricia.

>

> Sample letter that you can just cut and paste and personalize:

>

>

> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

>

> Name____________________

> Address__________________

> ( if you don't want to include, please include State)

> State____________________

>

> Date: ___________

>

> Senator ______________ (Find your Senators here: http://www.senate.gov/ )

> Washington DC 20510

>

> Re: Letter Regarding S. 1248

>

> Dear Senator ____________,

>

> There are 6.5 million children in this country who desperately need help that

> only you and the other Senators on Capitol Hill can provide.

>

> As a _____________________ (examples: mother of two children with apraxia,

parents of a special needs child, father of a child with autism and ADHD,

teacher of special needs children, speech pathologist for a rising number

> of speech and language impaired children, neurologist who is researching

neurologically based disabilities in children, etc.), I am asking that you vote

NO to S. 1248.

>

> Education is the key to independence and future success. It is critical to

getting a well paying job. Before the passage of the Individuals with

Disabilities Education Act (IDEA) in 1975, which granted all children with

disabilities a free, appropriate public education, many children with

disabilities did not attend school. They did not have access to school

buildings or general education curriculum. IDEA was reauthorized in 1997.

> IDEA 97 is giving children with disabilities access to education so unlike

years ago, almost all with special needs graduate today! Please leave IDEA alone

- it is not broken, nor does Part B need to be reauthorized as it is already

permanently authorized.

>

> The " Education Gap " is the difference in levels of educational achievement

between people with and without disabilities. S. 1248, eliminates many important

provisions contained in current law (IDEA 97), provisions upon which parents

have relied in obtaining a Free Appropriate Public Education for our/their

children. For example, the proposal to write Individual Education Plans (IEPs)

every 3 years instead of the current annual schedule is setting children up for

failure without accountability. No professional can write a document that will

cover 3 years worth of specialized and intensive instruction for a speech and

language impaired child, for example. If passed, S. 1248 will condemn children

with communication and other disabilities to struggle against the same

segregation, neglect, and abuse they faced more than 30 years ago.

>

> As ____ (a parent/s of a beautiful son named who is speech impaired, a

professional) I/we believe that current IDEA legislation should be enforced to

allow students with disabilities to close that gap. The enforcement of IDEA

> has been left largely on the backs of parents. ______ (examples: Parents/As a

parent I) do not have the resources, money and teams of lawyers at my/our/their

disposal. With the passage of this bill we/they will have nowhere to turn when

______(our/their) _______(examples: our son who is tested to have above

average intelligence but who has a severe impairment of speech, children with

disabilities) is/are not getting a free, appropriate public education.

>

> School districts are only now beginning to implement IDEA 97 and No Child Left

Behind. Even though IDEA has been a law for thirty years, only in the past few

years have we seen the districts actually begin to provide appropriate speech

and other special services. Please give IDEA 97 and No Child Left Behind a

chance to work. The bill you are about to vote on, if passed, will directly

affect 6.5 million American children with disabilities and their futures,

including _____ (examples: my innocent and intelligent five year old son

who deserves a chance not to be " left behind " due to his inability to speak/ my

patients) Please look at the long term consequences of this decision by you and

the rest of the Senate, for it will have a lasting impact on our society.

>

> The question is simple: do we want those 6.5 million speech impaired and other

special needs children of today to be independent, contributing taxpayers of

tomorrow, or do we want them to be forever reliant on the government, a burden

to society?

>

> Please help bring our innocent children a voice, and a future, and vote no to

> S. 1248

>

> Sincerely,

> ____________________________

>

> (optional phone number)

>

> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ End of letter

>

>

>

> Again, we were told actual signatures were not necessary - so just fill in the

above email and " mail " to Tricia Morin at morinfamily4@n... ( morinfamily4 at

nc.rr.com )

>

> Our thanks for taking this seriously on behalf of all of our children and for

acting on this ASAP, and for passing this on to everyone you know that also

> cares for the children's futures.

>

> =====

>

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Guest guest

Thanks Sandy!

And thanks to all of you sending letters from all over the world to

Tricia!! (and thanks to those of you who had friends and family

email letters too!) There are still states in the US however that

have no letters yet to bring to the Senator of that State. I've

been told stopping this bill will be important for all of us on a State to State

basis as well. Please keep sending your letters on to Tricia.

For those who don't know Sandy -she is an amazing advocate. Sandy,

like Tricia has gone above and beyond in trying to help save

all of our children. Below are some " talking points " she put

together for parents about S 1248

MAJOR ISSUES PERTAINING TO IDEA REAUTHORIZATION

TALKING POINTS FOR PARENTS*

The Senate bill (S.1248) was amended in November, 2003, and the

current bill (called the " substitute bill " ), while in some ways

preferable to the House bill (H.R.1350), is still much worse for

children with disabilities than current law (IDEA '97). Below are

the major problems with S.1248:

Discipline

· While S.1248 retains the requirement that the school

utilize functional behavior analyses (FBAs), behavior intervention

plans (BIPs), and manifestation determinations (unlike H.R.1350,

which deletes these requirements), the language regarding

manifestation determinations has been watered down such that the

burden of proof shifts from the school to the child/parents. S.1248

no longer requires a consideration of whether the current IEP was

appropriate; under the Senate bill, if an inappropriate IEP was

properly implemented (i.e., implemented as written), then the

behavior will be found not to constitute a manifestation. This

creates an incentive for schools not to put together appropriate

IEPs in the first place.

· S.1248 (like H.R.1350) eliminates the " stay put " provision

of current law. " Stay put " allows a child to remain in his/her

current education setting (subject to exceptions for dangerousness

or drugs/weapons) while proceedings (manifestation determination,

parent appeal, etc.) are pending. Without " stay put, " the child can

be unilaterally removed from the current education setting and sent

to an alternative setting, even if the child is not dangerous and no

drugs/weapons are involved, and even if the school later turns out

to have been wrong in its decisions.

Paperwork Reduction

In the name of paperwork reduction, S.1248 (like H.R.1350)

eliminates the requirement that IEPs contain short-term

objectives/benchmarks. The idea is that progress reports under No

Child Left Behind (NCLB) make these unnecessary. The problem is

that NCLB only tests certain academic subjects; it does not address

many of our children's goals, such as speech, motor skills,

behavioral and social skills, etc. Without short-term

objectives/benchmarks, therefore, there will be no accountability to

parents and no way for parents and teachers to effectively monitor a

child's progress in these critical, non-academic areas.

A paperwork amendment to the Senate bill is expected once the bill

hits the Senate floor. This amendment could be similar to the

provision in H.R.1350 that would allow 10 states to conduct a pilot

program in which those states would receive waivers of any and all

IDEA paperwork. With no limits imposed on this waiver, states could

theoretically waive ALL IDEA paperwork, including the IEP itself!

Due Process

A. Attorney Fee Caps

An amendment regarding attorney fees is expected once the bill hits

the Senate floor. This amendment, if similar to that added on the

House floor to H.R.1350, would be devastating to families and

children.

Under current law (IDEA '97), there is no cap on attorney fees

recoverable by a successful parent litigant in due process or

court. The court itself decides whether the parent was sufficiently

successful to recover fees and whether the amount being claimed is

reasonable. This is similar to the process in all other civil

rights statutes.

However, the fee cap provision in H.R.1350 (which could be offered

as an amendment to the Senate bill as well) would allow the governor

of the state to set an arbitrary cap or limit on the amount of fees

a successful parent could recover from the school. Not only does

the governor have no experience in these issues, but the governor

also has a conflict of interest (as the State itself is often a

defendant in these cases, and the State budget is impacted by the

award of fees).

The result of a fee cap such as contained in H.R.1350 is that fewer

attorneys will be willing to take parent's cases on contingency, so

that parents would have to pay upfront and could not recover their

full fees. Under these circumstances, only wealthier parents would

be able to afford attorneys to enforce their children's rights under

IDEA. (The cap does NOT affect the amount attorneys can charge

parents; it ONLY affects the amount schools must reimburse parents

who succeed at due process or in court.)

B. Statute of Limitations

S.1248 imposes a two-year statute of limitations on a parent's

ability to file for due process (while the House bill imposes an

even shorter period of one year). The Senate bill also has some

reasonable exceptions that are not found in the House bill, such as

where the school withholds information from the parents or falsely

tells the parents they are working to correct the problem. Also,

the Senate bill's statute of limitations runs from the date the

parents knew or should have known of the triggering event, not from

the date the event occurred (which is more reasonable for parents).

Still, current law does not contain a statute of limitations at

all. The problem with statutes of limitations for IDEA cases is

that parents often are unaware of the problem for lengthy periods of

time, and parents often try to work with the schools for a long time

before finally giving up and filing for due process. A statute of

limitations could therefore create a disincentive for parents to

give the school a chance to correct the problem, thereby creating

more, rather than less, litigation.

C. Mandatory Pre-Due Process Meetings

S.1248 (like H.R.1350) adds another layer to the due process

procedure, in essence creating yet more hoops for parents to jump

through in order to vindicate their children's rights under IDEA.

· S.1248 requires parents to attend a mandatory pre-due

process meeting before being able to file a due process complaint.

The purpose of this meeting is supposed to be to inform the school

district of the problem and attempt resolution. Attorney fees are

not recoverable for this meeting, even though it is mandatory.

· This meeting is unlikely to yield any helpful information

since parents typically work with the schools for quite a while

before deciding to file for due process. Instead, this meeting will

simply add to the delay parents face in enforcing IDEA rights.

· While the Senate bill adds a caveat that is not in the

House bill (that the school district cannot have an attorney present

at this mandatory meeting unless the parents also have an attorney

present), this provision only slightly helps to level the playing

field, as the school district typically has access to an attorney

before, during and after the meeting, while most parents do not.

Funding

S.1248 does not currently require mandatory full funding of IDEA

When IDEA was passed, more than 25 years ago, the federal government

promised to fund 40% of the excess costs of educating students with

disabilities. They have never come close to keeping that promise.

Full funding amendments are expected on the Senate floor. If full

funding is not made " mandatory, " the likelihood that it will ever

actually happen is low.

S.1248 (like H.R.1350) allows the schools to use 15% of already

inadequate IDEA funds for non-IDEA children. Called " pre-referral, "

this in effect allows schools to access IDEA money without IDEA's

strings. Children being served with these funds will not be

entitled to IDEA's safeguards and protections, and there is no time

limit on the school's ability to keep children in such " limbo. "

While pre-referral may or may not be a good idea, it is clearly not

a good idea to use IDEA funds rather than general education funds

for this purpose.

*Many thanks to Sandy Alperstein, www.ourchildrenleftbehind.com for

preparing these talking points.

http://www.s92488448.onlinehome.us/Events/S1248TalkingPoints.htm

=====

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I sent my letter, have you (meaning all of you?)

Pam

> Wow, , what a powerful post! And so very true! Folks, this

is important

> stuff! Please take 's lead and help us out here - help OUR

KIDS out here

> - while there's still time!

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