September 26, 1997....................................................................Number 61

EDUCATION COULD BE SERIOUSLY IMPACTED!

In the very near future (the date has not been announced at press time) Congress will hold a crucial "Conference Committee" meeting to work out their differences on the appropriations bills emanating from both the Senate and the House of Representatives. This year there are several amendments that are critically important to parents of children now receiving public education services.

One of the "rules" of a conference committee is that any provision or language that appears in both the Senate and House versions is not debatable and cannot be changed. However, if a provision or language appears in one bill but not the other, it may be removed, modified or adopted - but both houses have to agree on what's to be done. When such a provision exists it is termed to be "conferencable." Hence, the action in the conference revolves around those provisions that do not appear in both bills with both sides trying to maintain their unique provisions. Some provisions survive and some do not.

This year there are two amendments that are of grave concern to parents of children. One of them was introduced by Representative Riggs and the other by Senator Gorton. Both amendments are "conferencable."

• The "Riggs" amendment is well known by this time and has not changed since its passage. Basically, it would allow states to cease the provision of Special Education Services to youth ages (18 to 21) who are incarcerated in adult prisons.

• The Gorton amendment uses the block grant funding mechanism for educational programs including Adult Education, Vocational Education and Rehabilitation programs. These are almost entirely programs providing services to individuals other than K-12 students. As reported in the Friday Fax, special education services funded under IDEA were not to be part of the block grant in the amendment offered originally. The remaining 13 billion dollars remain in the block grant - and represents a monumental change in the expenditure of federal dollars for education. This past week Mr. Gorton has attempted to change or revise his amendment. It is unclear what the impact of these "drafting errors" may be. Friday Fax has been providing information on the Gorton amendment for the past month.

Parents and advocates need to oppose BOTH of these amendments. Please see the column on CONFEREES (below).

LATE FLASH

Friday Fax has just learned that a Dear Colleague/Dear Conferee letter is being circulated in the House by Congressman John Tierney (D-MA) that calls for the elimination of the Gorton amendment in it's entirety. Stay Tuned!

CONFEREES NAMED FOR APPROPRIATIONS BILL

The conferees have been named to the Conference Committee for the Labor-HHS-Education Appropriations Bill.

The Senate has named:

TALKING TO YOUR CONGRESSMAN

Please note the following items are TALKING POINTS - NOT YELLING POINTS. It is very likely that many Senators did not fully understand the Gorton amendment who voted for it. We hope they have a much better understanding of it by this time. When you discuss this amendment with your representative or Senator or any of the identified conferees, do not assume that they are out to hurt kids. Assume that in the pressure to pass an appropriations bill, many last minute issues are not fully understood. It's your job to help them to understand that the Gorton Amendment:

• Eliminates special targeted programs that help kids with disabilities in favor of ill-defined local control and eliminates Goals 2000, school-to-work, and other federal programs;
• Takes initial steps in closing down the Department of Education, which is the only real supportive, protective agency we have;
• Alters the curriculum in unknown ways at a time when our kids and resources, through the new IDEA, are more closely tied to that curriculum;
• Produces sweeping changes in the way education is supported with no opportunity for public review and input through an open hearing process;
• Would be in effect for only one year and we would need to revisit all of this again next year;
• Fundamentally undermines national attention to the deficits in our public school system and the services it provides to poorer students, students with disabilities and other "different" students.

DEPT OF EDUCATION RESPONDS ON 10-DAY SUSPENSION ISSUE

On August 28, 1997, the President of the Board of Directors and the Chairperson of the Policy/Legislative Committee for NPND asked the Office of Special Education and Rehabilitation Services to clarify the IDEA Amendments of 1997, as it pertains to the application of the Free and Appropriate Education provisions for students who have been suspended from school for 10 days or less.

The Office of Special Education and Rehabilitation Services has answered this letter of inquiry with a non-binding, non-regulatory response that provides information to assist States and school districts in implementing IDEA '97 prior to the publication of Department regulations. The following is a brief summary of the letter of response from Judith Heumann, Assistant Secretary, and Thomas Hehir, Director of the Office of Special Education Programs.

A free and appropriate public education does extend to students with disabilities who are suspended or expelled, however it applies only to students who have been suspended or expelled from school for more than ten days.

The Department does not believe that the statute requires a manifest determination prior to removal from school for less than ten days and no functional behavioral assessment needs to be conducted before suspension or removal.

IDEA '97 continues to allow a school district to seek a court order to remove a student with a disability from school or otherwise change the student's current educational placement if the school district believes that maintaining the student in the current educational placement is substantially likely to result in injury to the student or others.

You may refer to the original letter of request from NPND, and the response letter from the Office of Special Education and Rehabilitation Services on the NPND web site (http://www.npnd.org) for a more complete description of the questions and responses. In addition, NPND has a working group analyzing this letter, and will prepare a response in the near future.

TIME TO ACT ON VOCATIONAL EDUCATION

Both the Senate and the House have introduced bills that would amend the Carl D. Perkins Vocational Education Act during the summer months and the House version has already passed. Both of these bills have serious consequences for students with disabilities. As the debate begins in the Senate, there are a number of areas of concern that need to be rectified.

The Senate version:

• Fails to address all aspects of an industry (AAI) that ensures academic quality and vocational flexibility for all students. AAI is a key for assuring that students become lifelong learners who can effectively make their own career choices, be equipped for work or post secondary education, entrepreneurship and citizenship. This is critical for programming that serves students with special needs;
• Lacks the core elements to guide the use of funds by local educational agencies to ensure appropriate services for all students;
• Does not provide for a school level planning which allows for parent and community input, and:
• Does not provide a plan to ensure that students with special needs will achieve the same high standards as all students.

Let your Senator know that vocational education matters to you, and that the options for students with special needs should be appropriate. For additional information on the Perkins Bill, call 202-986-3000.

VIOLENT AND REPEAT JUVENILE OFFENDERS ACT OF 1997

The Senate is expected to take up the "Violent and Repeat Juvenile Offender Act of 1997" in October, which in its current form would harm children and exacerbates - rather than reduces youth crime in this country. The bill fails to adequately invest in prevention efforts, endangers children by putting them in adult jails, endangers children who have committed no crimes and forces children out of school and on to the streets because of possession of drugs, alcohol, or tobacco. You are urged to support amendments to the bill that would address the issues described above. For more information, contact the Children's Defense Fund.

SILVERSTEIN HONORED

Senators, Congressmen, peers, friends, and family joined in a wonderful celebration honoring Bobby Silverstein, staff member to Senator Harkin for the past ten years. Prior to working in the Senate, Bobby Silverstein served as an staff member to Congressman Williams.

In a burst of bipartisan praise, Senators Harkin, Kennedy, Frist, Jeffords, Wellstone and Congressman Hoyer lauded the efforts of his stunning 13 years as a Congressional aide. Senator Kennedy listed Bobby as the 101st Senator and Senator Jeffords presented a top ten list of Silverstein's accomplishments. Between the tears and laughter it was a wonderful celebration.

Bobby will direct the National Disability Law Policy Center at George Washington University in Washington, DC.

Thanks for all your hard work for the disability community and best wishes.

TIME FOR THE COMBINED FEDERAL CAMPAIGN

The Combined Federal Campaign is under way. The Friday Fax is one of the programs of NPND that is supported in part by CFC funding. If you would like to consider the National Parent Network on Disabilities, the number is 1532.

THE FRIDAY FAX IS BROUGHT TO YOU BY

THE NATIONAL PARENT NETWORK ON DISABILITIES (NPND)

1200 G Street NW, Suite 800

Washington, DC 20005

(202) 434-8686 (V/TDD)

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E-Mail: npnd@cs.com

Web site at www.npnd.org