MARCH 20, 1998 ......................................................................................................................NUMBER 84

IDEA UNDER ATTACK

Rights of Students with Disabilities in Severe Jeopardy!

Secretary of Education, Richard Riley, has been under heavy attack by groups that want to reopen the debates resolved by the passage of IDEA last year. These groups want to weaken the protections for our children contained in that law. They have bombarded the Secretary and Congress with their complaints long after the regulatory comment period ended, demanding weakening changes.

Can we afford to allow this to happen? Students with disabilities need our help NOW. Contact Secretary Riley and urge him to hold strong to the protections embodied in the IDEA ‘97 Reauthorization and existing policy letters. Don’t let special interest groups undermine the new IDEA.

The time is now. ONLY YOU CAN MAKE A DIFFERENCE!

Contact Secretary Riley and your Senators and Representatives. Let them know that they cannot back away from their commitment to our children.

The Honorable Richard Riley

Secretary

U.S. Department of Education

Washington, D.C. 20202

KEEP IDEA STRONG

Background. On June 4, 1997, the reauthorized IDEA was signed into law by President Clinton. This law was developed through an unprecedented, bicameral, bipartisan effort. It was carefully crafted to respond to the sometimes conflicting concerns of parents and professionals. The Department of Education published proposed regulations on October 22, 1997. The regulations followed the intent of Congress by incorporating language directly from the statute. The regulations also followed the instructions of Congress by incorporating existing Policy Letters into the proposed regulations, to subject them to public review and comment. The comments to the Notice of Proposed Rule-Making were due January 20, 1998. The Department of Education received over 2,000 comments. NPND submitted over 50 pages of comments produced by 60+ members of our organization. All of the other stakeholders had the same opportunity to submit their comments within the regulatory timeframe.

Apparently influenced by heavy pressure from some “general education” groups, key Republican leaders of the House and Senate submitted a joint letter to Secretary Riley. These Congressional leaders did not seek input from parents or other disability leaders. (In some cases, their recommendations recommend removal of language that is actually in the legislation and supported by the Congressional intent!). (Text of NPND’s response to the NPRM, the Congressional letter, and an analysis of the Congressional letter are on the NPND website.) NPND has now learned that leaders of some “general education” groups have been deluging Congressional leaders and the Secretary of Education with the complaint that “the regs have gone too far!” Rumor has it that the Secretary has received over 3,000 of these letters. This kind of pressure is a behind-the-scenes, back-door subversion of the regulatory process.

GORTON ON THE ATTACK AGAIN

On Wednesday, March 18, Senator Gorton (WA) - a fierce opponent of the rights of children with disabilities - presented his “photo opportunity” about the new IDEA. He had a roll of paper 40 feet long as an example of the paperwork that will supposedly now be required of teachers. He spouted hyperbole about knives and guns and students with disabilities threatening other students with an electric saw in shop class. His threats to IDEA, and the threats of the general educators “special interest” groups, are real — and we must respond NOW.

Full text of Gorton's speech.

WHAT ACTION NEEDS TO BE TAKEN NOW!

• Contact the Secretary of Education
• Contact Hill Leaders, Chairmans Jeffords & Goodling
• Contact your Senators and Representatives during spring recess (Congressional recess is from April 2nd to April 20th)

WHAT IS THE MESSAGE!!!

• IDEA is a good law. Implement and fund IDEA now!
• Do not weaken the regulations. If anything, they don’t provide enough guidance to ensure that the law is appropriately implemented.
• The US Department of Education was RIGHT to incorporate existing policy letters into the proposed regulations, they did just what Congress told them to do.
• Don’t destroy the consensus that was built during this unique legislative process. Don’t let special interest groups reopen the debates that were resolved by the passage of IDEA. Don’t reward those groups for subverting the regulatory process.
• We expect the Secretary and our representatives to stay strong and demonstrate their real commitment to our children with disabilities. Remember the promises made during the passage of IDEA! Honor them!!!!

Check the NPND website for Congressional contacts. To call members of the House and Senate call (202) 224-3121.

Stay tuned for more!