TO JOIN THE RRN: Send an email to preserveIDEA@dredf.org and we'll add you to our distribution list.
URGENT ACTION ALERT!
TAKE ACTION TO PRESERVE ENFORCEMENT OF IDEA!
Action Alert #A11 April 22, 2004
The current schedule calls for S 1248, the Senate IDEA reauthorization bill, to go to the floor in the first week of May, so time is of the essence.
UNITY ON NEED FOR ENFORCEMENT: While there are differing views on whether Senate Bill 1248 should be introduced, there is unity among parents that the IDEA needs strong provisions for both federal and private enforcement. The National Governors Association is now on Capitol Hill telling members of Congress that the enforcement provisions should be eliminated or watered down.
The Governors' message is that there should be no enforcement until there is full funding. Their policy position flatly states: "if the federal government does not fully fund its 40 percent share of Part B services, states should be relieved from any obligation to meet any new performance measures and implement compliance plans."
While we would all love full funding, we know that we won't see it any time soon. [For the full National Governors Association policy statement, go to
http://www.nga.org/nga/legislativeUpdate/1,1169,C_POLICY_POSITION^D_542,00.html].
ATTORNEY FEES / "FRIVOLOUS" LAWSUIT AMENDMENT: At the same time that the Governors are urging that IDEA enforcement provisions be watered down, schools continue to pressure Congress for some type of attorney fees amendment that will be introduced by Sen. Judd Gregg (R-NH).
As parents, we are well aware that the lack of Federal and State compliance directly contributes to the need for parents to take enforcement of our children's rights into our own hands. When parents have to resort to due process and attorney representation, it is because all other avenues to secure IDEA rights have failed. Parents in these situations need more help, not less access to lawyers. Indeed, parents should have access to low cost and free legal services.
Instead, school districts want to keep their monopoly on access to legal help (either directly or behind the scenes) by limiting parents' access to lawyers. The school districts have created a mythology on Capitol Hill that parents file "frivolous lawsuits." It is infuriating that this rumor gets any play, when we know that the last thing parents have the time, energy, or emotional reserves for is to file due process complaints against their school districts.
ACTION NEEDED: Get the message out to members of Congress that enforcement of IDEA is abysmal and that this lack of enforcement HURTS OUR KIDS.
Senator Ted Kennedy (D-MA) will carry our message. He needs to hear from parents. Please help equip Senator Kennedy with your stories about how the failure to comply with the law HAS HURT YOUR CHILD. We need to let the Senators know that it is an outrage to strip parents of the little help that is now available.
Write a letter to say that if S. 1248 goes to the floor, THERE MUST BE STRONG AND EFFECTIVE MONITORING AND ENFORCEMENT OF IDEA BY THE FEDERAL GOVERNMENT, and there should be NO AMENDMENTS TO THE ATTORNEY FEES PROVISION.
Each story should start with "WHY ENFORCEMENT OF THE IDEA IS NECESSARY."
Tell your child's story. If you have had to use an attorney, include how that came about, how your concerns were resolved and through what means, and why it is important to keep the current attorney fees provisions.
Please email or fax your stories to:
Sen. Edward M. Kennedy
Fax: 202-224-2417
Email: connie_garner@labor.senate.gov
Please also send a copy to preserveIDEA@dredf.org or fax to 510-841-8645. You may also want to copy the Senators from your own state who represent you.
SCHEDULE FOR SENATE BILL 1248: The latest information we have is that the bill may come to the Senate floor on May 5. This information is always subject to change.
TO JOIN THE RRN: Visit www.dredf.org and complete our online subscription form. Earlier Briefings can also be found on our website: www.dredf.org. We now have nearly 4000 subscribers.
WHOSE IDEA IS IT ANYWAY?
PRICE REDUCED—THE IDEA T-SHIRT: Wear a bright red IDEA and advertise your support of special education and civil rights for students with disabilities!
A red light-bulb face with electric hair that spells out "Individuals with Disabilities Education Act" and the slogan, "Whose IDEA Is It, Anyway?" White, with red DREDF logo on left sleeve and purple SEIU logo on right sleeve.
Heavyweight 100% cotton, U.S. made and union printed, available in Youth Large and Adult Large and Extra Large sizes.
Shirts are $12, plus $2.50 postage and handling. Buy 3 or more for $10 each. We don't have the capability to process online orders, but you can print out the order form from our website: http://www.dredf.org/ and send checks to DREDF, 2212 Sixth St., Berkeley, CA 94710. The order form has an illustration of the shirt to check out also. Remember to specify quantity and size.
We are also offering these shirts as a special thank you to individuals who donate $100 or more for our work.
SUPPORT DREDF: We need your support to continue our work on behalf of children and adults with disabilities and their families. Please add DREDF to your giving list (and remember that a gift of $100 or more brings you a free IDEA T-shirt. Details below).
For your convenience (but not required), our website has a form (http://www.dredf.org/rrn/donation_form.html) you can fill out to mail along with your contribution. Our mailing address is:
DREDF
2212 Sixth Street
Berkeley, CA 94710
DREDF has 501(c) 3 non-profit status, and your gifts to us are fully tax-deductible.
DREDF has been advocating for children and adults for almost 25 years as a national law and policy center. We were a leader in developing and ensuring the passage of the ADA, and we have been working continuously over the last 18 months to monitor the IDEA reauthorization process and to keep parents informed. We helped to organize the successful rally in Washington in June 2003, and our attorneys and policy analysts are working closely with members of Congress while our Director of Government Affairs works on the Hill to ensure that the voices of parents are heard. In addition, we have current projects on access to voting places and equipment, access to healthcare services, long-term care community-based supports, and transportation access for people with disabilities, as well as several international disability law initiatives.
Thanks from DREDF and the RRN Staff!
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