Urgent Action Alert: National Call-In Day To Protect Education Rights Of Children With Disabilities

Your Participation Is Needed on Wednesday, August 15th

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August 8, 2001—A House-Senate conference committee will soon reconcile differences between two versions of the Elementary and Secondary Education Act (ESEA). While the act generally deals with education issues affecting all students, amendments were added that would change the Individuals with Disabilities Education Act (IDEA) in a way that negatively affects children with disabilities.

The national PACER Center has scheduled a call-in day for Wednesday, August 15th, to flood Senators' and Representatives' home offices with calls protesting the amendments.

• The amendment passed by the House, offered by Rep. Charles Norwood (R-GA), would deny all educational services to students with disabilities for certain types of behavior, even if the behavior is related to their disability.
• The amendment passed by the Senate, was offered by Sen. Jeff Sessions (R-AL), would deny educational services to students with disabilities if the behavior for which they are being disciplined is not related to their disability. Another provision undermines current law, including the right to a free appropriate public education in the least restrictive environment. It would allow students to be transferred without informed consent to a private, segregated school (if agreed to by the parents and school), thus relieving the local public school district from any further responsibility for the costs of appropriate special education and related services required by that student. The private school would receive from the public school district only the limited per-pupil funding allocated under IDEA and could charge families for all other costs associated with educating the child. Furthermore, the child would not have any procedural safeguards under IDEA.

Action Needed Now!

It's critical for all Senators and Representatives—especially those on the conference committee--to hear from their constituents who oppose these provisions

Please join with other organizations across the country to spread the word about the National IDEA Call-In Day on Wednesday August 15th . By calling Senators and Representatives on the same day as parents and advocates in every state, each voice will come through loud and clear.

What You Can Do

1. Call or visit your U.S. Senators and Representative on August 15th. Since Congress is in recess, you should call their local offices. The basic message is: No discipline amendments to the Elementary and Secondary Education Act. No denial of education. Not now, not ever! If you have time for more discussion, make these points:

• The Sessions and Norwood amendments should be removed from the ESEA bill. They eliminate the most basic principles underlying IDEA-"zero reject" and "no cessation" of a free and appropriate education (FAPE), and the right to FAPE in the least restrictive environment (LRE).
• Expelling children does not lead to safer schools or communities. Instead, positive behavior interventions for school systems and students have been shown to treat behavior effectively as a systemic educational matter.

2. If one or both of your Senators or your Representative is on the conference committee (see the list below), try to generate as many calls as possible into their offices from parents, advocates and organizations in your state or congressional district. You can offer parents, teachers etc. a sample alert.
3. Call Sandy Kress, President Bush's education advisor. Ask him to urge President Bush to remove the IDEA discipline amendments from the ESEA bill. His number at the White House is (202) 456-5594.
4. Call the Washington DC offices of Senator Kennedy (D-MA) and Representative Boehner (R-Ohio) and leave the message: No discipline amendments to ESEA. No denial of education. Not now not ever!! You can reach their offices through the capitol switchboard: (202) 224-3121.

This Action Alert was adapted from an alert by the PACER Center, produced with private funding. If you need more information, please visit the PACER website at www.pacer.org or call Paula Goldberg or Sue Abderholden with PACER at 952-838-9000. You may also call Sue Pratt with the National Coalition of Parent Centers at (616) 455-5732.