ACTION ALERT!! Take Action to Preserve Enforcement of IDEA!
April 22, 2004

From the Disability Rights Education and Defense Fund (DREDF)
IDEA Rapid Response Network (RRN) Email DREDF

Action Alert #A11

The current schedule calls for S 1248, the Senate IDEA reauthorization bill, to go to the floor in the first week of May, so time is of the essence.

UNITY ON NEED FOR ENFORCEMENT: While there are differing views on whether Senate Bill 1248 should be introduced, there is unity among parents that the IDEA needs strong provisions for both federal and private enforcement. The National Governors Association is now on Capitol Hill telling members of Congress that the enforcement provisions should be eliminated or watered down.

The Governors' message is that there should be no enforcement until there is full funding. Their policy position flatly states: "if the federal government does not fully fund its 40 percent share of Part B services, states should be relieved from any obligation to meet any new performance measures and implement compliance plans."

While we would all love full funding, we know that we won't see it any time soon.
[For the full National Governors Association policy statement, go to NGA website]

ATTORNEY FEES / "FRIVOLOUS" LAWSUIT AMENDMENT: At the same time that the Governors are urging that IDEA enforcement provisions be watered down, schools continue to pressure Congress for some type of attorney fees amendment that will be introduced by Sen. Judd Gregg (R-NH).

As parents, we are well aware that the lack of Federal and State compliance directly contributes to the need for parents to take enforcement of our children's rights into our own hands. When parents have to resort to due process and attorney representation, it is because all other avenues to secure IDEA rights have failed. Parents in these situations need more help, not less access to lawyers. Indeed, parents should have access to low cost and free legal services.

Instead, school districts want to keep their monopoly on access to legal help (either directly or behind the scenes) by limiting parents' access to lawyers. The school districts have created a mythology on Capitol Hill that parents file "frivolous lawsuits." It is infuriating that this rumor gets any play, when we know that the last thing parents have the time, energy, or emotional reserves for is to file due process complaints against their school districts.

ACTION NEEDED: Get the message out to members of Congress that enforcement of IDEA is abysmal and that this lack of enforcement HURTS OUR KIDS.

Senator Ted Kennedy (D-MA) will carry our message. He needs to hear from parents. Please help equip Senator Kennedy with your stories about how the failure to comply with the law HAS HURT YOUR CHILD. We need to let the Senators know that it is an outrage to strip parents of the little help that is now available.

Write a letter to say that if S. 1248 goes to the floor, THERE MUST BE STRONG AND EFFECTIVE MONITORING AND ENFORCEMENT OF IDEA BY THE FEDERAL GOVERNMENT, and there should be NO AMENDMENTS TO THE ATTORNEY FEES PROVISION.

Each story should start with "WHY ENFORCEMENT OF THE IDEA IS NECESSARY."

Tell your child's story. If you have had to use an attorney, include how that came about, how your concerns were resolved and through what means, and why it is important to keep the current attorney fees provisions. Please email or fax your stories to: Sen. Edward M. Kennedy Fax: 202-224-2417 Email: Sen. Kennedy

Please also email Preserve IDEA or fax to 510-841-8645. You may also want to copy the Senators from your own state who represent you.

SCHEDULE FOR SENATE BILL 1248: The latest information we have is that the bill may come to the Senate floor on May 5. This information is always subject to change.

TO JOIN THE RRN: Visit DREDF website and complete our online subscription form. Earlier Briefings can also be found on our website: DREDF website. We now have nearly 4000 subscribers.

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