From: Disability
Rights Education and Defense Fund (http://www.dredf.org/)
*
* * * * SAVE IDEA !!* * * * *
Action
Alert #A9 May 22, 2003
VISIT
REPUBLICAN SENATORS ON THE HELP COMMITTEE
The
Senate IDEA bill is scheduled to be introduced the week
following the Memorial Day holiday.
Senators will be in their home districts during the
recess.
We
are especially targeting the members of the Health, Education,
Labor and Pension (HELP) Committee, with a focus on the
Republicans, but it is useful to talk to every Senator.
If
you live in Alabama, Kansas, Missouri, Nevada, New Hampshire,
Ohio, South Carolina, Tennessee, Virginia, Wyoming,
your Republican Senator serves on the Senate HELP Committee
from which a Senate IDEA bill will emerge, so we especially
need you to take action.
The HELP Committee Republican Senators' state offices
are listed below.
Please
call your Senator's local office and ask to meet with him
or her over the Memorial Day break. Go in groups, take letters from your networks, bring pictures
of your children.
Tell your stories.
Explain to them why the provisions in HR 1350 are
bad for our kids and why we want a better IDEA to come out
of the Senate.
Members
of the HELP Committee in particular need to hear parents
say in a loud and unified voice that this version of IDEA
harms our children.
*****We
must ensure that the Senate hears our voices.*****
We want to keep track of your meetings, so please email us
at preserveidea@dredf.org
and let us know which Senators you contacted.
WHAT TO DO TODAY:
1.
Call
the local office of your Senator and ask for a
meeting next week.
2.
At
the meeting, state your objections to the House bill, misleadingly
called: "Improving Education Results for Children with
Disabilities Act," with your own child's story - how
would these changes affect your child? How would they have affected your child
had they been in place earlier?
You don't need to cover all the issues discussed
below - focus on those issues closest to your situation.
Key issues (a more complete
analysis follows below the Committee list):
** Elimination of short-term objectives
and benchmarks
** Change from annual to three-year
IEPs
**
Limiting the availability of lawyers to represent parents
**
Changes in discipline provisions that punish kids for their
disabilities: schools can remove a student unilaterally
for infractions of any school rule even if the behavior
is caused by the child's disability. The bill eliminates
all attempts to identify and remediate the behavior such
as requirements for manifestation determinations, functional
behavior assessments, and behavior intervention plans contained
in the current law.
**
There is no full funding, and 15% of the inadequate funding
there is can be diverted to programs for non-IDEA-eligible
children.
**
Procedural changes cut back forcefully on the ability of
parents to participate in or monitor the process: voluntary
binding arbitration, a one-month waiting period, a one-year
statute of limitations.
**
10 states will be given "paperwork reduction"
incentives that allow them to change documentation requirements
without public review.
CONTACT
INFORMATION: THE HELP COMMITTEE
THE HELP COMMITTEE REPUBLICANS
Judd
Gregg, Chairman (R-NH)
393
Russell Senate Office Building
Washington, DC 20510
T
202-224-3324
F 202-224-4952
E-mail:
mailbox@gregg.senate.gov
Concord
office
125 North Main Street
Concord, NH 03301
(603) 225-7115
Portsmouth
Office
16 Pease Boulevard
Portsmouth, NH 03801
(603) 431-2171
Manchester
office
41 Hooksett Road
Manchester, NH 03104
(603) 622-7979
Berlin
Office
60 Pleasant Street
Berlin, NH 03570
(603) 752-2604
******************************
Bill
Frist (R-TN)
416 Russell Senate Office Building
Washington, DC 20510
T 202-224-3344
F 202-228-1264
E-mail:
Web Form: frist.senate.gov/contact.cfm
Nashville
Office of Senator Bill Frist
28 White Bridge Road, Suite 211
Nashville, TN 37205
615-352-9411
615-352-9985 (fax)
Memphis
Office of Senator Bill Frist
5100 Poplar Avenue, Suite 514
Memphis, TN 38137
901-683-1910
901-683-3610 (fax)
Chattanooga
Office of Senator Bill Frist
James Building
735 Broad Street, Suite 701
Chattanooga, TN 37402
423-756-2757
423-756-5313 (fax)
Jackson
Office of Senator Bill Frist
200 East Main Street, Suite 111
Jackson, TN 38301
731-424-9655
731-424-8322 (fax)
Knoxville
Office of Senator Bill Frist
Twelve Oaks Executive Park
Building One, Suite 170
5401 Kingston Pike
Knoxville, TN 37919
865-602-7977
865-602-7979 (fax)
Kingsport/Tri-Cities
Office of Senator Bill Frist
10368 Wallace Alley Street, Suite 7
Kingsport, TN 37663
423-323-1252
423-323-0358 (fax)
******************************
Mike
Enzi (R-WY)
290
Russell Senate Office Building
Washington, D.C. 20510
T (202) 224-3424
F (202) 228-0359
E-mail: senator@enzi.senate.gov
CASPER
Federal
Center
Suite 3201
100 East B Street
Casper, Wyoming 82601
Phone (307) 261-6572
CHEYENNE
Federal
Center
Suite 2007
2120 Capitol Avenue
Cheyenne, Wyoming 82001
Phone (307) 772-2477
CODY
1285
Sheridan Avenue
Suite 210
Cody, Wyoming 82414
Phone (307) 527-9444
GILLETTE
400
S. Kendrick Avenue, Suite 303
Gillette, Wyoming 82716
Phone (307) 682-6268
JACKSON
Post
Office Box 12470
Jackson, Wyoming 83002
Phone (307) 739-9507
******************************
Lamar
Alexander (R-TN)
Dirkson
Senate Office Building
Washington,
DC 20510
T (202) 224-4944
F (202) 228-3398
E
Web Form: alexander.senate.gov/contact.cfm
Chattanooga,
TN
Joel E. Soloman Federal Building
900 Georgia Avenue, #260
Chattanooga, TN 37402
Phone: (423) 752-5337
Fax: (423) 752-5342
Jackson, TN
Federal Building
109 South Highland Street, #B-9
Jackson, TN 38301
Phone: (731) 423-9344
Fax: (731) 423-8918
Knoxville, TN
Howard H. Baker, Jr., U.S. Courthouse
800 Market Street, #112
Knoxville, TN 37902
Phone: (865) 545-4253
Fax: (865) 545-4252
Memphis, TN
Federal Building
167 North Main Street, #1068
Memphis, TN 38103
Phone: (901) 544-4224
Fax: (901) 544-4227
Nashville, TN
3322 West End Avenue, #120
Nashville, TN 37203
Phone: (615) 736-5129
Fax: (615) 269-4803
Tri-Cities, TN
Terminal Building, #101
Tri-Cities Regional Airport
2525 Highway 75
Blountville, TN 37617
Phone: (423) 325-6240
Fax: (423) 325-6236
******************************
Jeff
Sessions (R-AL)
493
Russell Senate Office Building
Washington,
D.C. 20510-0104
T (202) 224-4124
F (202) 224-3149
E-mail:
senator@sessions.senate.gov
Birmingham,
Alabama
341
Vance Federal Building
1800
Fifth Avenue North
Birmingham,
Alabama 35203-2171
(205)
731-1500
(205)
731-0221 - Fax
Huntsville,
Alabama
Am
South Center Suite 802
200
Clinton Avenue NW
Huntsville,
Alabama 35801-4932
(256)
533-0979
(256)
533-0745 - Fax
Mobile,
Alabama
Colonial
Bank Center, Suite 187
41
North Beltline Highway
Mobile,
Alabama 36608-1201
(251)
414-3083
(251)
414-5845 - Fax
Montgomery,
Alabama
7550
Halcyon Summit Drive, Suite 150
Montgomery,
Alabama 36117
(334)
244-7017
(334)
244-7091 Fax
******************************
Mike
DeWine (R-OH)
140
Russell Senate Building,
Washington,
DC 20510
T (202) 224-2315
F (202) 224-6519
TDD:
(202) 224-9921
E-mail:
senator_dewine@dewine.senate.gov
Xenia,
Ohio Office:
100 West Main Street
2nd Floor
Xenia, OH 45385
Phone: (937) 376-3080
Fax: (937) 376-3387
Cincinnati,
Ohio Office:
312 Walnut St.
Suite 2030
Cincinnati, OH 45202
Phone: (513) 763-8260
Fax: (513) 763-8268
Cleveland,
Ohio Office:
600 East Superior Avenue
Room 2450
Cleveland, OH 44114
Phone: (216) 522-7272
Fax: (216) 522-2239
Columbus,
Ohio Office:
37 West Broad Street
Suite 300
Columbus, OH 43215
Phone: (614) 469-5186
Fax: (614) 469-2982
Marietta,
Ohio Office:
121 Putnam Street
Suite 102
Marietta, OH 45750
Phone: (740) 373-2317
Fax: (740) 373-8689
Toledo,
Ohio Office:
420 Madison Avenue, Room 1225
Toledo, OH 43604
Phone: (419) 259-7536
Fax: (419) 259-7575
******************************
Lindsey
Graham (R-SC)
290
Russell Senate Office Building
Washington,
DC 20510
T (202) 224-5972
F (202) 224-1189
E Web Form: lgraham.senate.gov/email/email.htm
Greenville
U.S.
Senator Lindsey Graham
101
East Washington Street, Suite 220
Greenville,
South Carolina 29601
(864)
250-1417 phone
Florence
Office
U.S. Senator Lindsey Graham
McMillan Federal Building
401 West Evans Street, Suite 226B
Florence, South Carolina 29501
(843) 669-1505 phone
Columbia
U.S.
Senator Lindsey Graham
508 Hampton Street, Suite 202
Columbia, South Carolina 29201
(803) 933-0112 phone
Mount
Pleasant
U.S.
Senator Lindsey Graham
530
Johnnie Dodd Boulevard, Suite 203
Mount
Pleasant, South Carolina 29464
(843)
849-3887 phone
******************************
John
Warner (R-VA)
225
Russell Building
Washington, D.C. 20510
T (202) 224-2023
F (202) 224-6295
E-mail:
senator@warner.senate.gov
Richmond
District Office
Main
Street Centre II
600 East Main Street
Richmond, Virginia 23219
Telephone: (804) 771-2579
(804) 782-2131 FAX
Abingdon
District Office
235
Federal Building
180 West Main Street
P.O. Box 887
Abingdon, Virginia 24210
Telephone:
(276) 628-8158
(276) 628-1036 FAX
Roanoke
District Office
1003
First Union Bank Building
213 South Jefferson Street
Roanoke, Virginia 24011
Telephone:
(540) 857-2676
(540) 857-2800 FAX
Norfolk
District Office
4900
World Trade Center
Norfolk, Virginia 23510
Telephone: (757) 441-3079
(757) 441-6250 FAX
******************************
Christopher
Bond (R-MO)
274
Russell Senate Office Bldg.
Washington, DC 20510
T (202) 224-5721
F (202) 224-8149
E-mail:
kit_bond@bond.senate.gov
Main District Office:
308 E. High, #202
Jefferson
City, MO 65101
Phone:
(573) 634-2488
Fax:
(573) 634-6005
Jefferson City
308
E. High, #202
Jefferson
City, MO 65101
Phone: (573) 634-2488
Fax:
(573) 634-6005
Springfield
1700
S. Campbell, Ste. E
Springfield,
MO 65807
Phone: (417) 864-8258
Fax:
(417) 864-7519
Cape Girardeau
339
Broadway, #140
Cape
Girardeau, MO 63701
Phone: (573) 334-7044
Fax:
(573) 334-7352
St. Louis
7700
Bonhomme, #615
St.
Louis, MO 63105
Phone: (314) 725-4484
Fax:
(314) 725-4268
Kansas City
911 Main St., Ste. 2224
Kansas
City, MO 64105
Phone: (816) 471-7141
Fax:
(816) 471-7338
******************************
John
Ensign (R-NV)
364
Russell Senate Office Bldg.
Washington,
DC 20510
T (202) 224-6244
F (202) 228-2193
E:
Web Form: ensign.senate.gov/contact_john/contactjohn_email.html
LAS
VEGAS:
Lloyd George Federal Building
333 Las Vegas Boulevard South, Suite 8203
Las Vegas, Nevada 89101
Phone: (702) 388-6605
Fax: (702) 388-6501
RENO:
Bruce Thompson Federal Building
400 South Virginia Street, Suite 738
Reno, Nevada 89501
Phone: (775) 686-5770
Fax: (775) 686-5729
CARSON
CITY:
600 East William Street, Suite 304
Carson City, Nevada 89701
Phone: (775) 885-9111
Fax: (775) 883-5590
******************************
Pat
Roberts (R-KS)
302
Hart Senate Building
Washington,
DC 20510
T (202) 224-4774
F (202) 224-3514
E Web Form: roberts.senate.gov/email.htm
DODGE
CITY
100 Military Plaza
PO Box 550
Dodge City, KS 67801
Phone:
620-227-2244
Fax: 620-227-2264
OVERLAND
PARK
11900 College Boulevard,
Suite 203
Overland Park, KS 66210
Phone:
913-451-9343
Fax: 913-451-9446
WICHITA
155 N Market St,
Suite 120
Wichita, KS 67202
Phone:
316-263-0416
Fax: 316-263-0273
TOPEKA
Frank Carlson Fed. Bldg.
444 SE Quincy, Rm 392
Topeka, KS 66683
Phone:
785-295-2745
Fax: 785-235-3665
THE HELP COMMITTEE DEMOCRATS
Edward
M. Kennedy, Ranking Member (D-MA)
315
Russell Senate Office Building
Washington,
DC 20510
T (202) 224-4543
F (202) 224-2417
E-mail: senator@kennedy.senate.gov
Tom
Harkin (D-IA):
731
Hart Senate Office Building
Washington, DC 20510
T (202) 224-3254
F (202) 224-9369
TDD (202) 224-4633
E-mail:
tom_harkin@harkin.senate.gov
Christopher
Dodd (D-CT):
SR-448
Russell Building
Washington
D.C., 20510
T (202) 224-2823
F (202) 224-1083
E-mail:
Web Form: dodd.senate.gov/webmail/
Barbara
Mikulski (D-MD)
Suite
709, Hart Senate Office Building
Washington, D.C. 20510
T (202) 224-4654
F (202)224-8858
E-mail:
Web Form: mikulski.senate.gov/mailform.htm
Jeff
Bingaman (D-NM)
703
Hart Senate Office Bldg.
United States Senate
Washington, D.C. 20510
T (202) 224-5521
TDD: (202) 224-1792
F (202) 224-2852
E-mail:
senator_bingaman@bingaman.senate.gov
Patty
Murray (D-WA)
173
Russell Senate Office Building
Washington, D.C. 20510
T (202) 224-2621
F (202) 224-0238
E-mail:
senator_murray@murray.senate.gov
Jack
Reed (D-RI)
320
Hart Senate Office Building
Washington,
DC 20510
T (202) 224-4642
F (202) 224-4680
E-mail:
jack@reed.senate.gov
John
Edwards (D-NC)
United States Senate
225 Dirksen Office Bldg.
Washington, DC 20510
T (202) 224-3154
F (202) 228-1374
E-mail:
Web Form: edwards.senate.gov/contact.html
Hilary
Clinton (D-NY)
United
States Senate
476 Russell Senate Office Building
Washington, DC 20510
T (202) 224-4451
F (202) 228-0282
E-mail:
Web Form: clinton.senate.gov/email_form.html
******INDEPENDENT*******
James
Jeffords (I-VT)
728
Hart Senate Office Building
Washington, D.C. 20510
T (202) 224-5141
F (202) 228-0776
E-mail:
vermont@jeffords.senate.gov
DREDF ANALYSIS OF THE HOUSE IDEA BILL
The
Individuals with Disabilities Education Act (IDEA) is the
most important piece of civil rights legislation for children
with disabilities ever passed in this country. Prior to its passage in 1975, at least
one million children with disabilities in the United States
were denied any public education, and at least 4 million
more were segregated from their non-disabled peers.
H.R.
1350 - the "Improving Education Results for Children
with Disabilities Act" - passed out of the House Subcommittee
on Education Reform and the House Committee on Education
and the Workforce and was approved on the floor on April
30 in a vote of 251 – 171, with 34 Democrats voting
for the bill and 7 Republicans and 1 Independent member
voting against it.
The
IDEA bill as passed by the House contains dangerous provisions
that will weaken the law and damage the civil rights of
children with disabilities in every school district in the
United States. The Disability Rights Education and Defense Fund (DREDF)
is working with parents and advocates across the country
to defeat H.R. 1350.
DREDF is a national cross-disability law and policy
center and a Parent Training and Information Center (PTI).
DREDF has worked with over 3000 parents a year over
more than two decades, as well as with special educators,
school administrators, and advocates and attorneys for children
with disabilities.
The
provisions in H.R. 1350 and in its companion bill, H.R.
1373, the IDEA Parental Choice Act of 2003, jeopardize educational
quality for the most vulnerable children in our public schools.
In this era of "Leave No Child Behind,"
the House is proposing to do just that: to leave behind
children with disabilities.
The
changes contained in H.R. 1350 will have a lasting impact
on the lives of students with disabilities and their families,
and parents are overwhelmingly opposed to the bill. This bill weakens services and supports for children and undermines
their protections and rights.
These are some of the reasons that the disability community
finds this bill to be dangerous and to curtail the hard-won
civil rights protections children with disabilities have
enjoyed since 1975:
*
ELIMINATING
SHORT-TERM OBJECTIVES: The rationale for this provision
is that No Child Left Behind (NCLB) makes short-term objectives
and benchmarks unnecessary, yet NCLB nowhere provides for
measuring progress toward IEP goals. Short-term objectives give parents useful
information about their student's progress on important
academic and non-academic goals.
Without them, no reporting mechanism exists to mark
a student's progress. The idea to eliminate short-term objectives
was debated during the 1997 reauthorization discussions
and defeated. It
should be defeated again.
*
THREE-YEAR
IEPS: Three-year IEPs remove school accountability for
educating children with disabilities.
Children change and grow rapidly and their educational
programs need to be thoroughly reviewed at least annually.
Waiting three years for a comprehensive program evaluation
is indefensible. The bill uses the phrase "paperwork
reduction" to gut the core provisions of IDEA. While this is an optional choice for parents, many parents
will either be confused by it or feel coerced to accept
this option. We believe that an annual IEP is necessary
to review the child's progress and to make necessary modifications.
If parents are pressured to accept a three-year IEP, parental
participation and the school's accountability to parents
will decrease. This proposal purports to "streamline"
the annual review, but
given the cursory nature of most IEP reviews currently,
the proposal panders
to "paperwork" complaints with no benefit, and
a likely detriment to children.
There are better ways to make the IEP process and
paperwork more user-friendly for parents, teachers, and
administrators.
*
DILUTION
OF FUNDS: H.R. 1350 diverts funds away from direct services
to children with disabilities and allows 15% of the
money to be used for a new pre-referral program, to supplant
local education funds, to provide "supplemental services,"
and to be used for purposes other than the provision of
services for children with disabilities.
Given that IDEA funding is woefully inadequate, this
proposal takes already scarce funding from IDEA-eligible
students, the very students the law was enacted to serve. In addition, H.R. 1350 does not
contain full funding for IDEA and thus does nothing to ensure
that additional resources will accompany these major changes
to the law. And nothing in the bill precludes schools
from keeping children in a pre-referral category indefinitely,
whereas those with disabilities should receive the full
protections of IDEA as soon as possible.
*
DISCIPLINE
PROVISIONS: The discipline provisions of H.R. 1350 punish
children with disabilities for disability-related behaviors,
remove manifestation determination reviews, and deny children
with disabilities the appropriate supports they need to
succeed in school by removing functional behavior assessments
and positive behavior support plans. This bill allows school personnel to unilaterally remove a
disabled child from his or her current placement for the
violation of ANY school rule, EVEN IF the behavior is a
manifestation of the child's disability; manifestation determinations
are eliminated. The bill punishes children for behaviors they cannot control
(for example, a child with Tourette Syndrome who shouts
out in class). This is a repudiation of everything IDEA
stands for. By
also removing the requirement to develop positive behavior
support plans, the bill lacks even the pretense of concern
for the well-being of children with disabilities. Many of these proposals were brought forward
in 1997 and replaced with a compromise that unilateral actions
and alternative placements can occur only in the most serious
situations, those involving weapons and drugs.
In no other arena are there proposals to make procedures
for students with disabilities exactly the same as those
for non-disabled students, whether or not the student can
control the behavior or understand its consequences. Current law contains provisions for functional
behavioral assessments and behavior intervention plans,
and these provisions are crucial for children with disabilities.
*
VOUCHERS:
H.R. 1350 permits the development of state voucher programs
that would send some students with disabilities to private
schools that are not accountable under the law.
This bill allows local public school districts to
use federal IDEA funds to give partial "scholarships"
for use in private schools, including those that are faith-based. The funds may also be used for tutoring
and other private services for students in schools deemed
to be failing. DREDF and People for the American
Way have co-authored a detailed analysis of the McKay voucher
program in Florida and the ways in which it has failed students
with disabilities and their families.
The report is entitled "Jeopardizing a Legacy:
"A Closer Look at IDEA and Florida's Disability Voucher
Program" and can be read at http://www.dredf.org/press_releases/Vouchers.pdf.
*
PAPERWORK
REDUCTION: The 10-state "demonstration" project
allows the Secretary to waive IDEA statutory and regulatory
provisions with no public review process.
*
PROCEDURAL
CHANGES: The House version of IDEA contains several
provisions that significantly weaken parent involvement
and the ability of parents to ensure that their children
receive an appropriate education.
+
Voluntary
binding arbitration means that parents will be asked
to give up their right to appeal.
Civil rights advocates have been arguing against
binding arbitration in a variety of contexts. The bargaining positions of the parties
are too unequal to rely on binding arbitration.
+
Forced
settlement discussions without an attorney: The bill
requires all parents who file for due process to go to a
meeting to explain their complaint. The purported reason
for this is to see if resolution can be reached without
going to hearing.
Yet in most cases the district is not only well aware
of the problem, but has also refused to take the requested
action. So
why should a parent have to go to another (most likely unpleasant)
meeting to discuss the complaint? To add insult to injury,
the bill does not allow for attorney fees for these meetings.
So, the bill is forcing a parent to go to a settlement negotiation
underrepresented (unless they happen to have enough money
to pay an attorney out of pocket).
+
The
bill mandates a one-month waiting period before any
parent complaint can go to due process regardless of the
problem or issue.
+
The
bill establishes a one-year statute of limitations
on complaints for violations.
This term can expire before parents even realize
that a service is not being provided or that a student has
not been receiving appropriate accommodations. Many children with disabilities cannot
communicate these things to their parents. Statutes of limitations make it impossible for parents to participate
in the process, to monitor school services and supports,
or to adequately protect their children.
Each of these provisions makes it more difficult for parents to work with
school districts to obtain services for their children.
*
GOVERNORS
SET ATTORNEY FEE RATES: The Case amendment to regulate
fees for attorneys who represent parents and prevail, makes
it clear that H.R. 1350 is not looking out for the rights
of families. There
is no concomitant regulation of what school districts can
pay the attorneys they retain.
It is already difficult for many parents to find
representation and this provision makes it even harder.
It severely restricts the availability of lawyers
to represent parents and children while having no affect
on school districts' ability to find and pay legal counsel.
Children with disabilities deserve civil rights protections
so that they have an equal opportunity to an education that
can help them to become contributing citizens.
LET
YOUR VOICE BE HEARD AND WEAR IT ON YOUR SLEEVE:
Whose IDEA is
it anyway?
