Dear Parents and Advocates for children and youth,

Pasted below is the position statement we are asking every parent group,
chapter, affiliate and advocacy organization nationwide to endorse with their
"sign on". Together we are calling ourselves The National Committee of Parents
and Advocates Organized to Protect IDEA -- and we will continue to work together
until we are sure that the Individuals with Disabilities Act is safe from
changes that will compromise the rights of our children and youth to receive an
education that is equitable and excellent.

Do you agree with the statement and will you join us in defending a strong
IDEA? Please send us the name of your organization or group along with contact
information NO LATER THAN Close of Business Wednesday, June 16, 2004. Send
your information to: jruppmann@.... Jamie Ruppmann has agreed to collect
the signatures and make sure they are added to our Position Statement.

Thank you for standing with us,

East End Special Education Parents, The National Down Syndrome Society, The
Center for Law and Education, TASH (formerly The Association for People with
Severe Disabilities), The League of Special Education Voters, The Our Children
Left Behind Team
www.OurChildrenLeftBehind.com, The National Coalition of Parent Centers,
National Council on Independent Living, National Down Syndrome Congress,
National
Coalition for Self Determination (NConSD)

POSITION PAPER ON THE REAUTHORIZATION OF THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT (IDEA)

6-05-04

The National Committee of Parents and Advocates Organized to Protect IDEA
represents millions of citizens who have come together to protect the
educational
guarantee required by (IDEA). The undersigned national, state and local
organizations are united in opposition to the House and Senate bills that amend
and
reauthorize IDEA. Both of these bills weaken the rights and protections
necessary to ensure that students with disabilities are not left behind.

At this critical time when states, districts and schools are being held
accountable for improved student achievement, there is no justification for
weakening IDEA – to make it easier to remove our children from school, to
disrupt
their education, to burden parents with additional procedures before addressing
their children’s educational needs, or to weaken the Individualized Education
Program (IEP), a parent’s strongest tool for holding schools accountable for
their child’s learning to high standards. We cannot afford to wait and to
watch
the existing achievement gap grow between our children and non-disabled
students. Time is precious and the clock is running.

The Senate bill, S. 1248 and the House bill, H. 1350, eliminate existing
rights and protections from IDEA – rights and protections specifically
designed to
ensure that our most vulnerable students NOT be left behind but receive a
free appropriate public education consistent with their State’s education
standards and tailored to address their individual needs.

Listed below are some of the provisions in the House and Senate bills that
will weaken the rights and protections of children with disabilities.

Both bills eliminate the right of students to “stay-put” in their current
educational placement during disciplinary proceedings for proposed removals in
excess of 10 school days, even when the behavior is unrelated to drugs, weapons
or otherwise dangerous activities. We are also concerned that the behavior
may often be a manifestation of the student’s disability or the result of an
inappropriate IEP or the failure to implement an appropriate IEP. The
elimination
of the right to “stay put,” and the disruption that occurs as a result, will
increase the achievement gap between these students and their non- disabled
peers.

The House bill eliminates the right to a review to determine if a student’s
behavior is the manifestation of his or her disability before using the
disciplinary procedures that apply to non-disabled students. The Senate bill
allows
for a manifestation determination review, but eliminates the most critical
component –examining whether the student’s IEP is appropriate and whether it
is
being implemented. In addition, the burden of proof is shifted to the parent.

The Senate bill eliminates required short term objectives or benchmarks in
the IEP and the House bill eliminates them for all but students with the most
significant disabilities. Measurable steps toward achieving annual goals,
including academic content standards, are essential tools which enable teachers
and
parents to assess whether the child is learning and making effective progress;

Both bills will allow for three year IEPs. The House will allow them for all
students, while the Senate bill will allow them for students who are in their
final three years of school. Both undermine efforts to close the achievement
gap and to hold schools accountable to parents.

The House bill permits 10 states and the Senate bill permits 15 states to
negotiate paperwork reductions with the US Department of Education without
having
defined “paperwork” and without seeking input from parents and advocates on
whether those “paperwork reductions” would adversely affect the right to a
free, appropriate public education.

Both bills will make it more difficult for the very small percentage of
parents who are able to pursue their administrative and/or judicial remedies in
order to obtain their children’s full rights and protections under IDEA. The
Senate bill creates the fear that parents or their attorneys may have to pay
fees
for the school system’s attorney. This fear will intimidate some parents from
exercising their right to due process. The House bill imposes a cap on the
rate of attorney’s fees that can be reimbursed to parents when they are the
prevailing party.

Neither bill requires mandatory full funding of IDEA to support the
additional cost of educating students receiving special education services.

The House and Senate IDEA bills should not proceed to conference unless the
committee is prepared to negotiate legislation that will protect these critical
rights. The rights and protections of students with disabilities must be
preserved in order to improve the educational outcomes of these students

The Position Statement is supported by the undersigned local, state and
national organizations and groups. Together we make up The National Committee
of
Parents and Advocates Organized to Protect IDEA.

East End Special Education Parents
The National Down Syndrome Society
The Center for Law and Education
TASH (formerly The Association for People with Severe Disabilities)
The League of Special Education Voters
The Our Children Left Behind Team
www.OurChildrenLeftBehind.com
The National Coalition of Parent Centers
National Council on Independent Living
National Down Syndrome Congress
National Coalition for Self Determination (NConSD)


Sandy, Illinois (alpy2@...)
Volunteer Co-Webmaster, www.ourchildrenleftbehind.com (IDEA reauthorization)


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