House Passes Special Education Bill
Bazelon Center: Discipline Provisions Threaten Access
to Education
WASHINGTON, April 30 -- The House of Representatives reauthorized the
Individuals with Disabilities Education Act (IDEA), including provisions
a national advocacy group says could threaten access to free and appropriate
education for children with mental and emotional disorders. H.R. 1350, "The
Improving Education Results for Children with Disabilities Act," was
approved 251 to 171.
"Today's vote is a giant step backward for children with mental
and emotional disorders," said Laurel Stine, director of federal
relations for the Bazelon Center for Mental Health Law, a national civil
rights advocacy group for adults and children with mental health needs. "This
bill would allow expulsion of children with disabilities for almost any
action, including behavior related to their disabilities."
Under the discipline provisions proposed in H.R. 1350, schools could
unilaterally expel any child with a disability it determines has violated
any school "code of conduct," regardless of the seriousness
of the offense. The legislation would also allow schools to place children
in alternative interim settings for up to 45 days.
"Responding to problem behavior by restricting a child's access
to education is counterproductive," said Stine. "Children with
mental or emotional disorders are less likely to succeed if they are
suspended and expelled from school."
Studies show that as many as 73 percent of youth with serious emotional
disorders who have dropped out of school are arrested within five years.
But the Bazelon Center believes that many children can avoid such outcomes
if they have access to appropriate interventions and supports.
"Positive behavioral interventions and supports can dramatically
reduce discipline problems," said Stine. "It isn't a question
of kicking kids out of class or doing nothing to address problem behavior
- it's a question of using the right tools to help children learn appropriate
behavior."
IDEA reauthorization now moves to the Senate, which is expected to
introduce its own bill soon.
"We're disappointed with the House vote, but the real fight is
going to be in the Senate," said Stine. "We're hoping the Senate
will see this vote for what it is - a bad IDEA."
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The Bazelon Center for Mental Health Law is the nation’s leading
advocate for the rights of children and adults with mental disabilities.
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