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Update on IDEA Reauthorization
September 2003From the Disability Rights Education and Defense Fund (DREDF), IDEA@dredf.org:
IDEA Rapid Response Network (RRN) News Briefing #30 September 12, 2003
TO JOIN THE RRN: Visti www.dredf.org and complete our online subscription form. Earlier Briefings can also be found at our web site.
CONGRESS BACK IN SESSION
The RRN has been quiet as IDEA lay dormant but not forgotten over the summer. We hope our subscribers had opportunities to speak with their members about the issues that concern parents and advocates. We have no definite information on a timetable, but we anticipate that IDEA will return to the front burner after the appropriations bills are dealt with in the House and the Senate this month. S. 1248 will go to the Senate floor, and the problems in that bill have not gone away over the summer. In addition, new concerns have arisen.
UPDATE ON FUNDING
The Senate agreed to a $2.2 billion increase for Part B IDEA funding for next year. Senators added $1.2 billion to the proposed $1 billion increase for fiscal year 2004 during debate of the entire Labor, Health and Human Services and Education appropriations bill. But the funding increase is still vulnerable, because the House leaders and the President need to agree with the proposal. The House appropriations bill funds IDEA with a $1 billion increase, so there's a $1.2 billion difference between the House and Senate plans.
NEW THREAT - Alexander Amendment
We have heard that Sen. Lamar Alexander (R-TN) will introduce an amendment to change No Child Left Behind (NCLB) to exclude children with disabilities from the Adequate Yearly Progress (AYP) calculation if a school is determined to be failing because of the scores of students with disabilities. General education groups such as the NEA, we are told, support this initiative.
Note: Such an amendment could be added to any bill, as it applies to NCLB rather than to IDEA.
There is tremendous pressure being brought to bear on Congress and the White House to eliminate compliance requirements and documentation. Powerful lobbies such as the National Conference of State Legislatures are making these arguments. We must make it clear that the grassroots is paying attention and that we want our schools to be both fully funded and accountable under the law for their services and performance.
WHAT TO DO - Alexander Amendment
We urge you to call Sen. Alexander's office, inquire about this amendment, and register your opposition to it. It is discriminatory and would change NCLB to "Leave Children with Disabilities Behind." If schools don't have to count the scores of our children, they will not be held accountable for educating them and will have no incentive to comply with the law and provide services. Schools also won't have to count the test scores of students who were not in the school for the entire academic year, giving them another incentive to move our children to alternative placements. Copy the members of the Senate Health Education Labor and Pensions (HELP) Committee (see below) as well as DREDF at IDEA@dredf.org or fax at 510- 841-8645.
OTHER ANTICIPATED AMENDMENTS
Although actual amendments have not yet been presented we believe that there will be several proposals:
1. Mandatory full funding for IDEA, a bill sponsored by Senator Tom Harkin (D-IA)
2. A limitation on attorneys' fees similar to the Case (D- HI) amendment that passed in the House and is now part of HR 1350, making it more difficult for minority and low- income families to obtain legal advice and representation.
3. A voucher amendment modeled on the Florida McKay Scholarship program (see the analysis that DREDF co- authored with People for the America Way (available at http://www.dredf.org/press_releases/Vouchers.pdf).
We may also see amendments concerning paperwork reduction demonstration projects.
WHAT TO DO -- Amendments
Parents and advocates should write to their respective Senators-and Representatives in preparation for Conference- stating your views on each of these issues and on any other issues of concern to you. The important thing is to call, write, e-mail, fax: make our voices heard so that we are not drowned out by school boards, administrators, and bureaucrats and so that we keep the focus on services and protections for our children. See earlier RRN Briefings for discussions of vouchers and attorney fee caps. Please copy members of the Senate HELP Committee as well as DREDF.
KEY S. 1248 PROVISIONS
We remain concerned about several provisions in S. 1248. These are in the bill as it came out of the HELP Committee, prior to floor amendments. This is not an exhaustive analysis of the bill. Rather, we emphasize a few key provisions that disenfranchise children with disabilities. While the Senate bill vastly improves on the House bill, HR 1350, it still attacks some of the core principles of current special education law.
What we like:
* provisions for alternate assessments, positive behavioral supports, school to life transitions, and personnel standards.
What we don't like:
* Elimination of short-term objectives and benchmarks from IEPs: S. 1248 follows HR 1350 in removing the requirement to include short-term objectives and benchmarks from IEPs. Current law stipulates that the IEP contain "a statement of measurable annual goals, including benchmarks or short-term objectives, related to (I) meeting the child's needs that result from the child's disability to enable the child to be involved in and progress in the general curriculum; and (II) meeting each of the child's other educational needs that result from the child's disability (614(d)A(ii). The Senate bill requires quarterly reports concurrent with report cards that state progress toward IEP goals and objectives. But this provision does not make clear how progress will be measured, what it will be measured against, or who is responsible for measuring and reporting on a child's progress toward annual goals. If the requirements for students with disabilities to be counted in NCLB are also dropped, parents will have nowhere to go to get information about their children's performance.
This change removes parents from the planning process and significantly dilutes parents' ability to keep track of their child's educational development. It makes it more difficult for schools and parents to monitor and measure students progress. It not only removes one of the pillars of IEP accountability, but in the process this provision may actually increase the paperwork requirements of IDEA. There may still be an opportunity to return short-term objectives to the Senate bill if enough pressure is brought to bear on Senators from parents and advocates.
* "OPPORTUNITY TO CURE"-EARLY RESOLUTION: DREDF calls this new provision an "opportunity to intimidate." It 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 parents file for due process only as a last resort, and this provision does not allow for attorney fees for these meetings.
* Multi-year IEPs: Both House and Senate bills make available the option of a three-year IEP. However, S. 1248 permits that option only for students between the ages of 18 and 22.
* Discipline: S. 1248 alters the process by which students with disabilities can be disciplined for various violations of school code of conduct. While a stark improvement over the House bill, the Senate bill permits schools to remove certain students from their current placement for specific violations even if the violation was a result of the child's disability.
The Senate Bill removes the requirement to conduct a manifestation determination for students who are removed for up to 45 days (school days rather than calendar days, as in current law, which increases the length of removal from 6 weeks to 9 weeks) based on allegations of possession/sale/distribution of drugs and possession of weapons, as well as the new category of students who have committed a serious bodily injury.
The Senate Bill also eliminates the "stay put" provisions of current law. Under the proposal, if a student with a disability is excluded for more than 10 school days for violating school rules, and the IEP team determines that the behavior is not a manifestation of their disability, the student has no right to "stay put" in their current educational placement even if their parents challenge the decision by requesting a hearing. This is a significant weakening of protections for classified students, and may well lead to the result that students with disabilities who break a minor school rule may be out of school for months or even years.
* Statute of limitations: There is no statute of limitations on due process complaints in the current IDEA, although many states have such statues. S. 1248 requires that complaints be filed within two years of when a parent or public agency "knew or should have known" about an alleged violation, with exceptions for cases in which the local education agency (1) fails to provide prior written notices or procedural safeguards, (2) falsely represents that it was attempting to resolve the problem, or (3) withholds information from parents.
WHAT TO DO - Key Provisions
Write to both Senators in your state and send copies of your letters to members of the HELP Committee and to DREDF. Tell your stories.
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.govConcord office
125 North Main Street
Concord, NH 03301
(603) 225-7115Portsmouth Office
16 Pease Boulevard
Portsmouth, NH 03801
(603) 431-2171Manchester office
41 Hooksett Road
Manchester, NH 03104
(603) 622-7979Berlin 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.cfmNashville
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.govCASPER
Federal Center
Suite 3201
100 East B Street
Casper, Wyoming 82601
Phone (307) 261-6572CHEYENNE
Federal Center
Suite 2007
2120 Capitol Avenue
Cheyenne, Wyoming 82001
Phone (307) 772-2477CODY
1285 Sheridan Avenue
Suite 210
Cody, Wyoming 82414
Phone (307) 527-9444GILLETTE
400 S. Kendrick Avenue, Suite 303
Gillette, Wyoming 82716
Phone (307) 682-6268JACKSON
Post Office Box 12470
Jackson, Wyoming 83002
Phone (307) 739-9507
Lamar Alexander (R-TN)
Dirksen Senate Office Building
Washington, DC 20510
T (202) 224-4944
F (202) 228-3398
E Web Form: alexander.senate.gov/contact.cfmChattanooga, TN
Joel E. Soloman Federal Building
900 Georgia Avenue, #260
Chattanooga, TN 37402
Phone: (423) 752-5337
Fax: (423) 752-5342Jackson, TN
Federal Building
109 South Highland Street, #B-9
Jackson, TN 38301
Phone: (731) 423-9344
Fax: (731) 423-8918Knoxville, TN
Howard H. Baker, Jr., U.S. Courthouse
800 Market Street, #112
Knoxville, TN 37902
Phone: (865) 545-4253
Fax: (865) 545-4252Memphis, TN
Federal Building
167 North Main Street, #1068
Memphis, TN 38103
Phone: (901) 544-4224
Fax: (901) 544-4227Nashville, TN
3322 West End Avenue, #120
Nashville, TN 37203
Phone: (615) 736-5129
Fax: (615) 269-4803Tri-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.govBirmingham, Alabama
341 Vance Federal Building
1800 Fifth Avenue North
Birmingham, Alabama 35203-2171
(205) 731-1500
(205) 731-0221 - FaxHuntsville, Alabama
Am South Center Suite 802
200 Clinton Avenue NW
Huntsville, Alabama 35801-4932
(256) 533-0979
(256) 533-0745 - FaxMobile, Alabama
Colonial Bank Center, Suite 187
41 North Beltline Highway
Mobile, Alabama 36608-1201
(251) 414-3083
(251) 414-5845 - FaxMontgomery, 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.govXenia, Ohio Office:
100 West Main Street
2nd Floor
Xenia, OH 45385
Phone: (937) 376-3080
Fax: (937) 376-3387Cincinnati, Ohio Office:
312 Walnut St.
Suite 2030
Cincinnati, OH 45202
Phone: (513) 763-8260
Fax: (513) 763-8268Cleveland, Ohio Office:
600 East Superior Avenue
Room 2450
Cleveland, OH 44114
Phone: (216) 522-7272
Fax: (216) 522-2239Columbus, Ohio Office:
37 West Broad Street
Suite 300
Columbus, OH 43215
Phone: (614) 469-5186
Fax: (614) 469-2982Marietta, Ohio Office:
121 Putnam Street
Suite 102
Marietta, OH 45750
Phone: (740) 373-2317
Fax: (740) 373-8689Toledo, 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.htmGreenville
U.S. Senator Lindsey Graham
101 East Washington Street, Suite 220
Greenville, South Carolina 29601
(864) 250-1417 phoneFlorence Office
U.S. Senator Lindsey Graham
McMillan Federal Building
401 West Evans Street, Suite 226B
Florence, South Carolina 29501
(843) 669-1505 phoneColumbia
U.S. Senator Lindsey Graham
508 Hampton Street, Suite 202
Columbia, South Carolina 29201
(803) 933-0112 phoneMount 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.govRichmond District Office
Main Street Centre II
600 East Main Street
Richmond, Virginia 23219
Telephone: (804) 771-2579
(804) 782-2131 FAXAbingdon District Office
235 Federal Building
180 West Main Street
P.O. Box 887
Abingdon, Virginia 24210
Telephone: (276) 628-8158
(276) 628-1036 FAXRoanoke District Office
1003 First Union Bank Building
213 South Jefferson Street
Roanoke, Virginia 24011
Telephone: (540) 857-2676
(540) 857-2800 FAXNorfolk 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.govMain District Office:
308 E. High, #202
Jefferson City, MO 65101
Phone: (573) 634-2488
Fax: (573) 634-6005Jefferson City
308 E. High, #202
Jefferson City, MO 65101
Phone: (573) 634-2488
Fax: (573) 634-6005Springfield
1700 S. Campbell, Ste. E
Springfield, MO 65807
Phone: (417) 864-8258
Fax: (417) 864-7519Cape Girardeau
339 Broadway, #140
Cape Girardeau, MO 63701
Phone: (573) 334-7044
Fax: (573) 334-7352St. Louis
7700 Bonhomme, #615
St. Louis, MO 63105
Phone: (314) 725-4484
Fax: (314) 725-4268Kansas 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.htmlLAS VEGAS:
Lloyd George Federal Building
333 Las Vegas Boulevard South, Suite 8203
Las Vegas, Nevada 89101
Phone: (702) 388-6605
Fax: (702) 388-6501RENO:
Bruce Thompson Federal Building
400 South Virginia Street, Suite 738
Reno, Nevada 89501
Phone: (775) 686-5770
Fax: (775) 686-5729CARSON 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.htmDODGE CITY
100 Military Plaza
PO Box 550
Dodge City, KS 67801
Phone: 620-227-2244
Fax: 620-227-2264OVERLAND PARK
11900 College Boulevard,
Suite 203
Overland Park, KS 66210
Phone: 913-451-9343
Fax: 913-451-9446WICHITA
155 N Market St,
Suite 120
Wichita, KS 67202
Phone: 316-263-0416
Fax: 316-263-0273TOPEKA
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.govTom 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.govChristopher 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.htmJeff 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.govPatty 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.govJack Reed (D-RI)
320 Hart Senate Office Building
Washington, DC 20510
T (202) 224-4642
F (202) 224-4680
E-mail: jack@reed.senate.govJohn 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.htmlHilary 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
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