National Association of Protection and Advocacy Systems
Recent Alerts
There are 3 documents which have been provided by NAPAS.
The Senate is due to introduce its IDEA Reauthorization bill by the end of the first week of June. It is imperative that constituents in states with Republican Senators on the HELP Committee contact them immediately!
These states are:
NAPAS
National Association of Protection & Advocacy SystemsSenate Will Introduce IDEA Reauthorization Bill First Week of June
Let Senators Know – Right Now!!!! -- What Should Be in a Good IDEA Bill
&
Tell Them the House Bill, H.R. 1350, is a Bad IDEA!!!
Senate leaders of the Health, Education, Labor, and Pensions (HELP) Committee are still working to try and introduce a bipartisan bill to reauthorize the Individuals with Disabilities Education Act. The target date for a Senate bill is the first week in June – right after Congress returns from its Memorial Day recess. This is the perfect time to share your recommendations with key HELP Committee Members, tell them what should and should not be in the Senate bill – if it is to truly address the needs of children with disabilities and their families.
The Senate has been working in a bipartisan manner to come up with an IDEA bill for two years. In the beginning, when the Senate was Democratic, Senator Kennedy (D-MA) was the Chairman of the Committee and Senator Gregg (R-NH) was the Ranking Member. Since the Senate went Republican their two roles have been reversed but they and their staff still have tried to work together on a bill.
Parents and other advocates hope this long-term bipartisan Senate effort works and that the end product is a Senate bill that protects and strengthens the educational services, supports, and procedural safeguards available to children with all kinds of disabilities and their families. It is critical that the Senate bill help – not harm children and families. It is critical that the Senate bill not look like the House bill, H.R. 1350. This would be a disaster because enactment of anything like H.R. 1350 would significantly limit parent and student rights under IDEA. The House passed bill would limit the number of children with disabilities who have real access to a free, appropriate, public education; increase burdens on parents while decreasing school district responsibilities and obligations; and ultimately result in harm to students with disabilities.
Any IDEA reauthorization proposal should do the following:
A few of the most critical problems with H.R. 1350 are listed below.
The same restrictions are not placed on school districts.
2. HELP COMMITTEE LIST
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.gov
Concord office
125 North Main Street
Concord, NH 03301
(603) 225-7115
Portsmouth Office
16 Pease Boulevard
Portsmouth, NH 03801
(603) 431-2171
Manchester office
41 Hooksett Road
Manchester, NH 03104
(603) 622-7979
Berlin 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.cfm
Nashville
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.gov
CASPER
Federal Center
Suite 3201
100 East B Street
Casper, Wyoming 82601
Phone (307) 261-6572
CHEYENNE
Federal Center
Suite 2007
2120 Capitol Avenue
Cheyenne, Wyoming 82001
Phone (307) 772-2477
CODY
1285 Sheridan Avenue
Suite 210
Cody, Wyoming 82414
Phone (307) 527-9444
GILLETTE
400 S. Kendrick Avenue, Suite 303
Gillette, Wyoming 82716
Phone (307) 682-6268
JACKSON
Post Office Box 12470
Jackson, Wyoming 83002
Phone (307) 739-9507
Lamar Alexander (R-TN)
Dirkson Senate Office Building
Washington, DC 20510
T (202) 224-4944
F (202) 228-3398
E Web Form: alexander.senate.gov/contact.cfm
Chattanooga, TN
Joel E. Soloman Federal Building
900 Georgia Avenue, #260
Chattanooga, TN 37402
Phone: (423) 752-5337
Fax: (423) 752-5342
Jackson, TN
Federal Building
109 South Highland Street, #B-9
Jackson, TN 38301
Phone: (731) 423-9344
Fax: (731) 423-8918
Knoxville, TN
Howard H. Baker, Jr., U.S. Courthouse
800 Market Street, #112
Knoxville, TN 37902
Phone: (865) 545-4253
Fax: (865) 545-4252
Memphis, TN
Federal Building
167 North Main Street, #1068
Memphis, TN 38103
Phone: (901) 544-4224
Fax: (901) 544-4227
Nashville, TN
3322 West End Avenue, #120
Nashville, TN 37203
Phone: (615) 736-5129
Fax: (615) 269-4803
Tri-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.gov
Birmingham, Alabama
341 Vance Federal Building
1800 Fifth Avenue North
Birmingham, Alabama 35203-2171
(205) 731-1500
(205) 731-0221 - Fax
Huntsville, Alabama
Am South Center Suite 802
200 Clinton Avenue NW
Huntsville, Alabama 35801-4932
(256) 533-0979
(256) 533-0745 - Fax
Mobile, Alabama
Colonial Bank Center, Suite 187
41 North Beltline Highway
Mobile, Alabama 36608-1201
(251) 414-3083
(251) 414-5845 - Fax
Montgomery, 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.gov
Xenia, Ohio Office:
100 West Main Street
2nd Floor
Xenia, OH 45385
Phone: (937) 376-3080
Fax: (937) 376-3387
Cincinnati, Ohio Office:
312 Walnut St.
Suite 2030
Cincinnati, OH 45202
Phone: (513) 763-8260
Fax: (513) 763-8268
Cleveland, Ohio Office:
600 East Superior Avenue
Room 2450
Cleveland, OH 44114
Phone: (216) 522-7272
Fax: (216) 522-2239
Columbus, Ohio Office:
37 West Broad Street
Suite 300
Columbus, OH 43215
Phone: (614) 469-5186
Fax: (614) 469-2982
Marietta, Ohio Office:
121 Putnam Street
Suite 102
Marietta, OH 45750
Phone: (740) 373-2317
Fax: (740) 373-8689
Toledo, 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.htm
Greenville
U.S. Senator Lindsey Graham
101 East Washington Street, Suite 220
Greenville, South Carolina 29601
(864) 250-1417 phone
Florence Office
U.S. Senator Lindsey Graham
McMillan Federal Building
401 West Evans Street, Suite 226B
Florence, South Carolina 29501
(843) 669-1505 phone
Columbia
U.S. Senator Lindsey Graham
508 Hampton Street, Suite 202
Columbia, South Carolina 29201
(803) 933-0112 phone
Mount 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.gov
Richmond District Office
Main Street Centre II
600 East Main Street
Richmond, Virginia 23219
Telephone: (804) 771-2579
(804) 782-2131 FAX
Abingdon District Office
235 Federal Building
180 West Main Street
P.O. Box 887
Abingdon, Virginia 24210
Telephone: (276) 628-8158
(276) 628-1036 FAX
Roanoke District Office
1003 First Union Bank Building
213 South Jefferson Street
Roanoke, Virginia 24011
Telephone: (540) 857-2676
(540) 857-2800 FAX
Norfolk 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.gov
Main District Office:
308 E. High, #202
Jefferson City, MO 65101
Phone: (573) 634-2488
Fax: (573) 634-6005
Jefferson City
308 E. High, #202
Jefferson City, MO 65101
Phone: (573) 634-2488
Fax: (573) 634-6005
Springfield
1700 S. Campbell, Ste. E
Springfield, MO 65807
Phone: (417) 864-8258
Fax: (417) 864-7519
Cape Girardeau
339 Broadway, #140
Cape Girardeau, MO 63701
Phone: (573) 334-7044
Fax: (573) 334-7352
St. Louis
7700 Bonhomme, #615
St. Louis, MO 63105
Phone: (314) 725-4484
Fax: (314) 725-4268
Kansas 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.html
LAS VEGAS:
Lloyd George Federal Building
333 Las Vegas Boulevard South, Suite 8203
Las Vegas, Nevada 89101
Phone: (702) 388-6605
Fax: (702) 388-6501
RENO:
Bruce Thompson Federal Building
400 South Virginia Street, Suite 738
Reno, Nevada 89501
Phone: (775) 686-5770
Fax: (775) 686-5729
CARSON 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.htm
DODGE CITY
100 Military Plaza
PO Box 550
Dodge City, KS 67801
Phone: 620-227-2244
Fax: 620-227-2264
OVERLAND PARK
11900 College Boulevard,
Suite 203
Overland Park, KS 66210
Phone: 913-451-9343
Fax: 913-451-9446
WICHITA
155 N Market St,
Suite 120
Wichita, KS 67202
Phone: 316-263-0416
Fax: 316-263-0273
TOPEKA
Frank Carlson Fed. Bldg.
444 SE Quincy, Rm 392
Topeka, KS 66683
Phone: 785-295-2745
Fax: 785-235-3665
3. DEBUNKING DOCUMENT
House of Representatives’ Bill to Reauthorize the Individuals with Disabilities Education Act, H.R. 1350,
Will Not Accomplish The Goals of Its Proponents
May 2003
According to the House Education and Workforce Committee’s Fact Sheet "Improving Educational Results for Children with Disabilities," the stated goals of the House bill include:
"…Improving Education Results for Children with Disabilities Act calls for reforms to strengthen accountability and results for students, reduce the IDEA paperwork burden for teachers, provide greater flexibility for local school districts to improve early intervention strategies, reduce the number of children who are wrongly placed in special education classes, reduce litigation and restore trust between parents and school districts, and align IDEA with the bipartisan No Child Left Behind Act signed by President Bush in January 2002. NCLB requires federally-funded schools to be accountable for providing a quality education to all students, including students with special needs." (Emphasis supplied)
From:http://edworkforce.house.gov/issues/108th/education/idea/summary.htm
Addressing these stated goals individually:
1. Strengthen accountability and results for students
One stated goal of HR 1350 is to improve student achievement,
yet the House bill would remove measures for assessing student progress toward educational goals. There is little if anything in H.R. 1350 that would actually result in increased academic results for children or increase the amount of time that teachers spend with students.For instance:
Without measurable short-term objectives/benchmarks, parents have no objective information with which to measure the child’s total educational progress.
The stated goal is that HR 1350 will restore trust between parents and schools, yet the proposed changes would only cause an already unbalanced conflict resolution system to be weighted more heavily against parents -- further eroding what little trust parents have for the system.
On April 9, 2003, Rep. John Boehner (R- OH), Chairman of the House Education & the Workforce Committee, published a document entitled
"The Improving Education Results for Children with Disabilities Act: Separating Fact from Fiction." In this document he states"…The changes in the complaint process proposed in H.R. 1350 are designed to improve communication, restore trust, and strengthen cooperation between parents and school personnel. By providing options such as binding arbitration, parents and schools will have new opportunities to address problems without fear of costly litigation…The one-year statute of limitations proposed in H.R. 1350 is a protection for both parents and schools that will help ensure the timely resolution of complaints. Reforms to the complaint process will help restore trust and allow teachers to feel confident that they can teach without fear of frivolous litigation that could jeopardize educational opportunities for other children with disabilities.
It is disingenuous at best to claim that the changes proposed to the due process protections in H.R. 1350 are beneficial to parents and students.
From the perspective of an individual child’s parents, who are trying desperately to resolve a problem with the school district, H.R. 1350 requires the family to wait longer and jump through more hoops before the case may go to a due process hearing. Then it reduces the number of attorneys available to the family, but not to their opponent -- thus forcing these parents to prepare for and attend the hearing and any other meetings or mediation sessions alone, and provides the confusing "option" of arbitration, among other barriers. It is inconceivable that these changes would result in "restor[ing] trust between parents and school districts"
It is claimed that H.R. 1350 will streamline the IDEA system and free up more time for student related activities. In actuality, it will create new systems and more meetings. New systems and meetings will have to be recorded, funded and staffed, creating additional paperwork and bureaucracy. This change will create confusion, which will lead inevitably to more district/parent conflict. For example:
H.R. 1350 will not reduce litigation because it will create new ambiguities in the law which will take us back 25 years or more, and open up issues long since laid to rest.
After 25 years of implementation, what litigation there has been2 has resulted in a certain degree of clarity in the law. The dramatic changes proposed in H.R. 1350 will result in the re-ligitation of many issues to interpret the new requirements.
To name a few:
In addition, if the state education agency enforced hearing decisions, mediation agreements and arbitration decisions, rather than requiring the parent to go to court when a district refused to comply with an order or agreement, a great deal of litigation could be avoided.
5. Greater flexibility for local school districts to improve early intervention strategies
Actually, right now local school districts have the ultimate discretion to design early intervention programs that meet their needs, including programs that serve non-IDEA eligible students. The only change that H.R. 1350 makes is the opportunity for districts to fund programs for non-IDEA eligible students using IDEA funds. Using IDEA funds for this purpose will only bind school districts with the red tape that is an inevitable result of federal assistance, as well as draining funds that are already insufficient to meet the needs of IDEA eligible students.
Conclusion
Contrary to its stated intent, HR 1350 will not improve the quality of education for students with disabilities, will not improve the relationship between parents and schools, nor will it increase parent participation in helping to create the best educational plan for their children. It will not improve the level of trust between parents and school, if anything it will create more tension between them, nor will it reduce the amount of paperwork that school staff must complete. Most importantly, it undermines the spirit and intent of the IDEA.
Contact: Robert Berlow, COPAA, (301) 912-2281
Diane Smith, NAPAS, (202) 408-9514
1
This data comes from the OSEP Annual Report to Congress, 1999-2000, and includes only students aged 3-21 in the 10 states with the highest number of IDEA eligible students that year (CA, FL, IL, MI, NJ, NY,NC, OH, PA, TX). It is probably a low estimate as the total number of IDEA eligible students has tended to increase over time and because this count does not include children aged Birth – 2.
2
There is little frivolous litigation under the IDEA. In fact, there is little litigation under the IDEA at all. Few due process hearings are requested each year http://www.napas.org/I-3/I-3-f/IDEA Reauth docs/ - _ftn1(approx. .16 % of the total number of Part B students in 1998 requested a hearing1). Fewer still actually proceed to hearing (approx. .054 % of the total number of Part B students in 1998) and an even smaller number proceed through the administrative process to court. This works out to about 1 in 622 students who request a hearing and 1 out of 1844 whose cases actually proceed to hearing. This percentage is based on 1998 numbers, as this is the most recent data available publicly. These figures utilize the total number of students in Part B during that period and the total number of hearings requested and held, as reported to the National Association of State Directors of Special Education ( NASDSE). Therefore this does not account for cases in which parties file more than one hearing request and the reporting periods re: hearings and total student data may not correspond precisely