Safeguards For Students With Disabilities Targeted

Grassroots Action Needed Now to Protect the IDEA

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May 24, 2001—Vital procedural safeguards in the Individuals with Disabilities Education Act (IDEA) are under serious attack.

Senators Jeff Sessions (R-AL) and Christopher Bond (R-MO) are about to offer amendments to weaken the IDEA discipline provisions during consideration of an unrelated bill, S. 1, to reauthorize the Elementary and Secondary Education Act (ESEA). In the House, similar amendments have already been attached to the House version of the ESEA reauthorization bill (H.R. 1) that would dismantle the critical due process protections for students with disabilities.

The amendments would:

• add threats to carry, possess or use a weapon and assaults or threats to assault a school official to existing IDEA discipline provisions, greatly expanding the grounds for expulsion, and
• give state or local education agencies the authority to establish and implement uniform discipline policies for all students without consideration whether an action is directly related to a student's disability.

The amendments would severely undermine core protections, including the right to a free and appropriate public education (FAPE) and the "manifestation determination" review now used to determine if a child's disability caused the behavior at issue. Children would be denied access to appropriate behavioral intervention strategies and modifications and other preventive measures to decrease the likelihood of future dangerous behavior. Essentially, the amendments would place children with mental disabilities, particularly those with serious emotional disturbances, at great risk of denial of due process protections under IDEA.

The amendments are unneeded. In fact, a January 2001 report by the U.S. General Accounting Office (GAO-01-210), reported that the discipline provisions and procedural safeguards of the 1997 IDEA amendments are working effectively. Under the IDEA '97 compromise, school personnel gained increased authority and flexibility in responding to inappropriate school conduct. The law allows for unilateral school removal of a student, including a student with a disability, for any discipline code violation. Similarly, in cases where a child with a disability brings a weapon to school, the school can remove the child to an alternative setting for up to 45 days. This period can be extended if the child continues to pose a threat. In addition, there are no prohibitions on reporting a crime to appropriate law enforcement authorities.

Grassroots efforts are needed now to stop this language from being included in the House and Senate bills on reauthorization of the ESEA.

Action Needed Now

Call Senators Sessions and Bond and urge them to withdraw these amendments.

Call your Senators to oppose these harmful amendments for students with disabilities.

Urge them to oppose all efforts to modify the IDEA with these amendments because:

• Maintaining a safe and orderly environment that is conducive to learning for all students can be achieved without eroding the special education law.
• The amendments would violate President's Bush's "Leave No Child Behind" policy by excluding certain students with disabilities whose behavior was not a manifestation of their disability.
• The 2001 General Accounting Office report asserted that the IDEA '97 discipline provisions are working effectively and that students with disabilities are not disproportionately involved in violation of school codes.
• Removing educational services from students who are suspended or expelled increases juvenile crime and dropout rates. Incarceration rates and drug rates also increase when educational services are removed.
• Expanding discipline measures to include "threats" is subject to overly broad interpretation and will likely led school officials to segregate and remove students from school.
• The amendments do not provide behavioral interventions for students who violate or threaten to violate school code.
• The IDEA already gives schools the ability to remove dangerous students from the classroom.

Phone Members of Congress

Call the U.S. Capitol switchboard at 202-224-3121, and ask for your Senator's office.

Phone and Fax Amendment Sponsors

• Senator Jeff Sessions, Phone: 202-224-4124; fax: 202-224-3149
• Senator Christopher Bond, Phone: 202-224-5721; fax: 202-224-8149

Did You Know