Guest guest Posted March 15, 2004 Report Share Posted March 15, 2004 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. ===== Quote Link to comment Share on other sites More sharing options...
Guest guest Posted March 15, 2004 Report Share Posted March 15, 2004 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. > > ===== > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted March 15, 2004 Report Share Posted March 15, 2004 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 ===== Quote Link to comment Share on other sites More sharing options...
Guest guest Posted March 15, 2004 Report Share Posted March 15, 2004 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! Quote Link to comment Share on other sites More sharing options...
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