On the first day of the war with Iraq, HR 1350--proposing a significant gutting of statutory protections for children with disabilities under the federal IDEA statute--was quietly introduced in the House of Representatives.  The original IDEA statute and its 1997 reauthorization was the byproduct of true bipartisan and bicameral collaboration.  HR 1350, on the other hand, was rushed through committee with little, if any, opportunity for public comment or discussion---all during a time when public attention was focused on the Iraqi war, terrorism, and the economy.  In stark contrast to the bipartisan effort during the 1997 reauthorization of the IDEA statute, voting on HR 1350 largely followed "party lines."

Mayerson & Associates reacted to this "sleeper" bill by preparing letters to individual Senators---all 100 of them--explaining why the adoption of HR 1350 would be disastrous for children with disabilities, and why HR 1350 would operate to "gut" the existing IDEA statute's protections.  For a copy of our letter format, click here (or right click on the hyperlink to download the letter to your computer).

In early June, the Senate proposed its own IDEA reauthorization bill.  While more balanced and child-friendly than HR 1350, the Senate bill still offers a somewhat watered down reauthorization of IDEA.  The Senate bill will now be the subject of discussion, public comment, and committee review.  The review period will likely produce additional changes and clarifications.

Ultimately, it is likely that the final Senate version will have to be reconciled with HR 1350.  For this reason, we urge all parents and concerned educators to write to their elected representatives in Congress, whether in the House or Senate. 

Tell them why it is essential to retain the existing IDEA protections, with their emphasis on "accountability."  Tell them it is essential that IEP's continue to be reviewed at least annually.  Tell them that it is essential that IEP's continue to contain short term goals and objectives. Tell them that in order to create a level playing field with school districts that pay their own attorneys handsomely, it is essential that there be no arbitrary limits on attorneys' fees when the child prevails at hearing. Tell them that children whose behaviors are the byproduct of their disability should continue to be entitled to an appropriate public education. Tell them that "No Child Left Behind" means ALL children, including children with disabilities.

                                         Gary Mayerson