For Immediate Release: Thursday, May 13 2004
Contact: Christopher Burley, 202-467-5730 x 133
or leec@bazelon.org
Bazelon Center for Mental Health Law Statement on Senate Reauthorization
of the Individuals with Disabilities Education Act
WASHINGTON, DC—The Senate today passed S. 1248, a bill to reauthorize
the Individuals with Disabilities Education Act (IDEA), on a vote of 95-3.
The following is a statement by Elizabeth Lind, policy associate at the Bazelon
Center for Mental Health Law, on passage of the bill:
“Today’s vote is a victory for students with disabilities and
a rejection of the knee-jerk policymaking that has driven the House debate
on special education and IDEA’s discipline provisions.
“IDEA’s protections are fundamentally about civil rights and access
to opportunity. Like Brown v Board of Education, the law was passed to end
discrimination against students that schools had historically rejected.
“Like all children, kids with disabilities who are excluded from education
are at increased risk of future unemployment, incarceration and many other
unacceptable, expensive and wholly preventable outcomes. We know the best way
to enable children with disabilities to succeed as adults is to make sure they
can access the free and appropriate public education they’re entitled
to under IDEA.
“The Senate bill is Congress’ best hope to protect children with
disabilities from arbitrary exclusion from school, promote accountability and
make sure school officials have the information they need to implement effective
interventions to deal with disruptive behavior.
“Compared to the Senate legislation, the bill the House passed last
year is counterproductive and discriminatory. If ultimately signed into law,
it would erode many of IDEA’s protections.
“The House bill would allow schools to unilaterally expel any child
with a disability it determines has violated any school "code of conduct," regardless
of the seriousness of the offense. It would also eliminate assessments needed
to ensure that schools meet their obligations to students in special education
and would rob educators of the information they need to best address disruptive
behavior.
“The radical differences in the two bills must now be addressed in conference.
Conferees must recognize the vital importance of this measure to students with
disabilities, teachers who struggle to address disruptive behaviors and the
taxpayers who will foot the bill if Congress fails to ensure educational access
for students with disabilities.”
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The Bazelon Center for Mental Health Law is a national legal advocate
for people with mental disabilities.
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