Hi all. By popular demand, the extension for signing on to the IDEA
Reauthorization Position Paper of the National Committee of Parents and
Advocates
Organized to Protect IDEA has been extended indefinitely. Pasted below is the
position paper for groups, chapters, affiliates and other organizations to sign
on - please send sign-on requests to parentvolunteer@....
Thank you for your support!


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 the Individuals with Disabilities Education Act (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 instead
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 bill 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 Paper 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)
Laura SanGiacomo, Parent founder of the CHIME Charter Elementary School
p.s.IDEA (Parents Supporting IDEA ... because all education should be special)
The West Virginia Medicaid Recipients' Union
Awak(e)A_dvocacy
The National Association for Parents of Children with Visual Impairments
(NAPVI)
The RespectABILITY Law Center
Endependence Center, Virginia
Down Syndrome Association of Greater Cincinnati
Arizona TASH
Medina Supported Living
Massachusetts Association of Parent Advisory Councils (MASSPAC)
The Advocacy and Learning Center (TALC) pages.zdnet.com/ourorhskids/
The Association for Positive Behavior Support (APBS)
The Childhood Apraxia of Speech Association of North America (CASANA)
LEAD Students of America (LSA) www.myleadgroup.com
Ideal Lives Project www.ideallives.com
ARC/Florida
ADAPT Montana
The Statewide Parent Advocacy Network of New Jersey
Project CHOICES (Illinois)
Parent Support Network
Genesee Region Independent Living Center
Lincoln Land Down Syndrome Support Group, Springfield, IL
Family Voices-New Jersey
NJ Statewide Parent to Parent
Center for Independent Living of Jasper, AL
The Up Side of Downs of Greater Cleveland
"Time is of the Essence", Inc., Coateville, PA
Capital Area Down Syndrome Association
Northern Ohio Down Syndrome Society – NODSS
Stepping Stones Mental Health Educational Consulting, Ltd.
Advocating 4 Kids, Virginia
DAC4VA
Rammler & Wood, Consultants, LLC
Mark S. Partin, Esq.
Indiana Down Syndrome Foundation
West Virginia Parent Training and Information, Inc.
Pete and Pam Wright (www.Wrightslaw.com)
Down Syndrome Association for Families
Recognizing Issues in Special Education (RISE)
Mike Ruef, Ph.D., Cal Poly, College of Education
Narnia Academy, Indiana
SPECIAL FAMILIES & FRIENDS SUPPORT GROUP
Kids Together, Inc. (Pennsylvania)
NDSS Nebraska
Parent to Parent of Virginia
Apraxia Network of Bergen County
Lake County Center for Independent Living
United Parent Support for Down - Ups for DownS, Illinois
Missouri Parents Act
Pathfinder Services of ND, Inc
Pathfinder Parent Training and Information Center
Autism Society of NH
Uniting Parents for Autism Awareness
Maryland Special Needs Advocacy Project (MD SNAP)
Family Resource Center for Disabilities and Special Needs, South Carolina
Nassau Coordinating Council of SEPTAs (Long Island, NY)
Ramp, Inc. Center for Independent Living, Rockford, Illinois
HOPE Parent Resource Center, NC
L’Arche Harbor House
Autism Bridges Maui
IL-TASH
Carlos A. Oberti and Rafael A. Oberti (Oberti vs. Clementon Board of
Education Third Circuit Court of Appeals)
Community Resources for People with Autism (Massachusetts)
ASK Resource Center from Iowa
Maine Parent Federation
Polk County Advocacy Parent Group
Central Florida Autism Institute, Inc
The Cherab Foundation
Speechville, LLC
SPEAK, St. Louis Parent Extension for Apraxic Kids
Maine Parent Federation
IsoDicentric 15 Exchange, Advocacy & Support (IDEAS)
Mountain State Parents Children and Adolescent Network
DC DOWNS
R.A.C.E. Reaching Autistic Children Early
Autism Society of Hawaii
Down Syndrome Association of San Diego
Parent Friends, Education and Support
Central Florida Autism Institute, Inc.
Special Parents Information Network of Santa Cruz County (SPIN)
Vermont Federation of Families
Pennsylvania's Education for All Coalition
The Down Syndrome Parent Group of Niagara County
The Lewiston Affiliate Organization of NDSS
Down Syndrome Connection, Danville, CA
Gold Coast Down Syndrome Organization, Palm Beach County, FL
Pyramid, Inc.
Topeka Independent Living Resource Center (TILRC)
Brain Injury Association of Iowa
START Project
Rhode Island Parent Information Network
ARC Washington-Holmes Counties, Inc.
South Dakota Parent Connection
Ridge Area Arc
Down Syndrome Association of Central NJ
ARC Washington-Holmes Counties, Inc.
(ASK)Advocacy, Support and Knowledge
Support and Techniques for Empowering People (STEP, Inc.), Billings, Montana
Washington State Fathers Network
Arc of Denver, Inc
Parent to Parent of Colorado
Down Syndrome Foundation of Orange County
Down Syndrome Association of Orange County
Coach Masters of Tennessee, Inc.
Seagull Industries for the Disabled, Inc.
SMART-One, Inc.
Appalachian Independence Center, Inc.
Mental Health Association in Cleveland County
DAWN, Inc. (Disabled Advocates Working for Northwest)
OPTIONS for Independence
Education Law Center, New Jersey
Down Syndrome Association of San Diego
Carolina Legal Assistance
Resources for Independent Living Inc.
San Francisco Bay Area Autism Society
The ARC Jacksonville
Emotional Disabilities Action Group (EDAct)
Community Coalition for Education Options CCEO, Maryland
Pyramid, Inc.
ARC/Florida
Special Needs Families' Information Resource Support and Technology
(F.I.R.S.T)
Southern Maine Parent Awareness



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


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