IDEA ALERT! IMMEDIATE ACTION REQUIRED!!
Since the reauthorization of the Individuals with Disabilities Education Act in June 1997, the same school groups that mounted the most serious attacks against the Act have tried repeatedly to weaken its protections for students with disabilities. In particular, the American Association of School Administrators [AASA] has taken the lead by proposing to repeal specific provisions of the IDEA designed to protect students with disabilities from being unilaterally removed from school by school personnel.
AASA suggests that the protections are contrary to the interests of students with disabilities because “students committing identical infractions are treated differently depending on whether or not they are identified as disabled, and disabled students are perceived as getting much lighter punishments than students without disabilities.” AASA forgets that the IDEA was, in fact, enacted in 1975 to address the exclusion, abuse and mistreatment of students with disabilities whose actions and behaviors were treated punitively. AASA fails to recognize that all too frequently today, as in 1975, what is, in fact, a disability-related behavior is characterized as a discipline problem, and little or no consideration is given to the school’s failure to provide legally required programming and interventions to address the behavioral manifestation of disability.
AASA seeks to remove the protections in the IDEA Amendments of 1997 that, for example, limit to 45 calendar days the unilateral placement by school personnel of students with disabilities in an interim alternative educational placement.
AASA contends that because students with disabilities are treated differently, a “state of emergency exists” implying that the presence of students with disabilities in the regular educational setting somehow relates to school violence.
AASA contends that although they “originally wanted to wait and see how the new law would work” [and presumably, its data collection requirements so that any future action could be thoughtfully considered based on facts rather than anecdote and fear mongering stereotypes], they were “overwhelmed by the concerns of their membership about the disciplinary provisions.” Significantly, prior to the IDEA Amendments of 1997, a student with disabilities could not without a court order based on a finding of dangerousness, be removed unilaterally by school personnel and placed in an interim alternative placement for up to 45 calendar days.
AASA suggests that the 45 day cap be lifted in favor of an automatic 1 year exclusion which it says would be more equitable. [This proposed change appears to be based on a misreading of the Guns Free School Act which: ( 1) requires States to have adopted policies authorizing an automatic one year exclusion for students in possession of a firearm at school or a school sponsored event; (2) leaves local school superintendents the authority to make such a determination on a case- by-case basis; (3) permits school systems to continue to provide education in an althernative setting during the period of expulsion and (4) must be read in a manner consistent with the provisions of IDEA, including the duty to continue to provide FAPE to a child with a disability who brings a firearm to school. Under current law, if the student’s action were determined not to be related to his/her disability, the youth with disabilities would be treated as any other student, including if the superintendent so authorized, subject to at least a one year exclusion - except consistent with IDEA, the youth would continue to be provided FAPE during the period of exclusion.]
In addition, the AASA and other school groups continue to challenge the Department’s interpretation of the “10 day exclusion rule” to mean 10 days cumulatively per school year. The AASA seeks to redefine the “10 day rule” to authorize school personnel to remove unilaterally students for a period of 10 days per incident.
SPEAK OUT NOW - DO NOT LET STUDENTS WITH DISABILITIES BE USED AS FODDER FOR THE AASA’s CAMPAIGN AGAINST INCLUSION !
The AASA misleads the Congress and the public by suggesting that there is a link between school violence and the presence of students with disabilities in the general curriculum. Although expressly recognizing in other materials disseminated from its website that juvenile crime has declined, and that school violence has decreased, the AASA misrepresents the status of school violence by suggesting that a crisis exists and that this crisis is associated with the participation of students with disabilities in the regular school environment. On its website, the AASA admits that school violence is a public relations concern, describing schools as “the safest places for children.” It further acknowledges that its attack on the protections accorded children with disabilities is prompted by their “now [being] educated in an inclusive environment....just as expectations are skyrocketing.”
Between now and October 9 the AASA and other school groups championed by Senators Gorton (R. WA) and Leiberman (D. CT) will seek to amend the IDEA Amendments of 1997. It is expected that an amendment will be offered to remove the 45 day cap on the number of days that a youngster with disabilities can be removed from his/her current placement and unilaterally placed in an interim alternative educational placement [possession of a weapon, possession, sale or distribution of illegal drugs]; and to eliminate the role of the independent hearing officer who is currently responsible for determining whether a child with a disability is substantially likely to cause injury to self or others before being removed from his or her educational placement.
In addition, the AASA may seek to exclude those children with disabilities who commit school code violations by removing them from their school programs for 10 days per incident.
[Under this proposed change, if a youngster acts out in class so as to “annoy” his teacher, he will be removed for 10 school days, return on the 11th school day, then be in jeopardy of being removed again for another 10 school day period.]
The threat of these proposals finding their way into the IDEA Amendments of 1997 is real and it is now! We must let members of Congress know that there are more families than there are school superintendents and principals. The possibility exists that these amendments will be agreed to as amendments to the Omnibus Budget bill through a preconference agreement with the House which has already attached the Livingston amendment to the Labor and Human Services Appropriations bill. "The Livingston amendment would add a new category to the list of behaviors for which students can be removed from the classroom and give more authority to school personnel in such decisions rather than the current authority given to a hearing officer. The new category includes language which would allow school personnel to determine a child's behavior "could have resulted in physical injury". Previous experience has taught us that such language could open the floodgates to scenarios like expelling a child because he or she slammed a door because the glass *could have* broken out and hurt someone."
"As disturbingly, the amendment also removes the 45-day limit on how long a child with a disability can be put in an alternate setting. This language could easily be used to turn the clocks back 20 years and return our kids on a permanent basis to segregated classrooms or altogether separate schools." - (our thanks to Justice For All for this brief discription of the Livingston amendment) Indeed, CLE feels that this language could puts students with disabilities out of school altogether or at best in a permanent "home placement".
CONTACT ALL MEMBERS OF THE SENATE APPROPRIATIONS COMMITTEE. TELL THEM WE WILL NOT ACCEPT ANY MORE COMPROMISES OF THE RIGHTS OF CHILDREN WITH DISABILITIES. THIS IS A CIVIL RIGHTS ISSUE!!
ALSO CONTACT YOUR OWN SENATORS AND CONGRESS PERSONS. TELL THEM THE IDEA AMENDMENTS OF 1997 REQUIRE COLLECTION OF DATA. LET THE ACT BE IMPLEMENTED AND ENFORCED AND DO NOT LEGISLATE BASED ON ANECDOTE OR FALSE CHARGES THAT CHILDREN WITH DISABILITIES ARE ENGAGED IN SCHOOL VIOLENCE.
ALL SENATORS CAN BE REACHED BY DIALING- 202-224-3121.
Also, contact the local offices of YOUR senators and let them know that you will no longer support the Senator if he/she supports further weakening of the IDEA.
MEMBERS OF THE SENATE APPROPRIATIONS COMMITTEE
Stevens (R-AK), Byrd (D-WV), Cochran (R-MS), Inouye (D-HI), Specter (R-PA), Hollings (D-SC),
Domenici (R-NM), Leahy (D-VT), Bond (R-MO), Bumpers (D-AR), Gorton (R-WA), Lautenberg (D-NJ)
McConnell (R-KY), Harkin (D-IA), Burns (R-MT), Mikulski (D-MD), Shelby (R-AL), Reid (D-NV), Gregg (R-NH)
Kohl (D-WI), Bennett (R-UT), Murray (D-WA), Campbell (R-CO), Dorgan (D-ND)
Craig (R-ID), Boxer (D-CA) Faircloth (R-NC) Hutchison (R-TX)