Critical IDEA Protections Threatened by House Reauthorization Bill
Action Needed Immediately!
March 2003

We need to get the word out for students, parents and advocates to contact their Congress members and tell them why the bill as proposed should be rejected. Congressional activity is scheduled in TWO DAYS. We must act fast. The alert from the National Association of Protection and Advocacy Systems [NAPAS] is encapsulated below. The bill was only introduced on March 19th, and it appears its supporters are trying to push it through without permitting widespread student, parent or advocacy comment before the final version goes to the House for a full vote.

Here are a few things that the proposed IDEA bill would do:

• Extend IEPs to 3-years and delete short term objective;
• Give schools unilateral power to transfer students to alternative settings for violating school rules;
• Eliminate Manifestation Determination reviews;
• Eliminate requirement for functional behavior assessments;
• Eliminate requirements for positive behavior support plans;
• Add one-month waiting period before any parent complaint could go to due process regardless of the problem or issue;
• Creates option of "voluntary binding arbitration" which would not provide any appeal path for parents or students;
• Please be sure to read the entire email we just sent for details. Michigan residents should contact Congressman Kildee, Ehlers, Upton and./or Hoekstra and let them know that this bill is loaded with problems and will decimate special education as we know it.

NAPAS National Association of Protection & Advocacy Systems

ACTION ALERT
BACKGROUND

House Republicans introduced their bill to reauthorize the Individuals with Disabilities Education Act on March 19th. This bill (H.R. 1350) places free and appropriate public education opportunities for children with disabilities in jeopardy and severely limits the due process rights of parents. It is a legislative proposal that was developed largely without the input of family organizations or disability advocates.

The leaders of the House Education and Workforce Committee are planning to “mark-up” this bill on THURSDAY, MARCH 27th – IN TWO DAYS!! A mark-up is when Members of the Committee debate the merits of the bill and make changes. After a bill is marked-up, it is voted on by the Committee and the next step is House floor action. A one-week turnaround does not allow parents or advocates sufficient time to read and comment on a bill that will have a major impact on the lives of children with disabilities and their families.

This bill is full of problems. A few of the most critical are listed below.

The bill would Allow IEPs to be written for three years rather than one year periods; it removes short term objectives which provide parents with useful information about the student's progress on important academic and non-academic goals.

It would decimate the current IDEA discipline provisions; it would give schools the unilateral ability to send children with disabilities to Interim Alternate Educational Settings for simple violations of the school code; students receive fewer services in these settings and it would result in schools filled with students with disabilities; there is no clear “return” to the regular classroom; there would be no more Manifestation Determination Review (where the decision is made whether or not a behavior is related to the child’s disability); there would be no more functional behavioral assessments or behavioral intervention plans;.

• It would establish a due process option of “voluntary binding arbitration” and, while on the surface this option might seem like a good idea, the problem is that parents don't always know all of their rights and options; if a parent selects voluntary binding arbitration, he or she loses all rights to appeal; if an arbitrator makes a bad decision, it can be very hard to overturn.
• It would make parents wait one month before any complaint they raise could go to due process, regardless of the problem or issue.
• It would establish a system of pre-referral interventions -- which may be a good idea -- however, it would divert already scarce funds away from IDEA-eligible students to provide services for non-IDEA eligible students.

ACTION NEEDED: It would be best to work in coalition with parents, parent organizations, and disability organizations to get these important messages across.

1. Contact the Leaders and Members of the House Education and the Workforce Committee AND the Members of the Education Reform Subcommittee and urge them to delay action on H.R. 1350 (see list below).
2. Tell them that they should not rush to act on the bill without the support of the families and advocates of the more than six million children with disabilities who rely on IDEA for their future. Families and advocates do not support this bill. (Some legislators have been told that we do agree with the bill, they need to hear clearly that we do not.)
3. Tell them that the outcome of any IDEA action should not only protect but also strengthen the educational services and supports available to children with all types of disabilities. This bill does not do that.
4. Tell them that the outcome should protect and strengthen the procedural safeguards that are in place to help ensure that children get the services they need AND should protect and strengthen the due process protections for these children and their families. This bill does not do that.
5. Use personal stories of IDEA successes!!!!
6. Please let Kathy McGinley at NAPAS know what your Members say - Email Kathy McGinley or 202-408-9514.

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