Legislative Action Alert--Tell Secretary Spellings that Parent Hearing Rights Must be Protected

July 24, 2008

<http://ncld.convio.net/site/R?i=dMfKMq0vG1Hn-Ni7Y5dvvA..> Plain Newsletter

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Dear Amy,

The U.S. Department of Education (USED) has released proposed regulations

for Part B of the Individuals with Disabilities Education ACT (IDEA). The

most important change in these regulations is to limit the use of lay

advocates in due process hearings, if this regulation goes through, parents

will have limited options for representation of their child's case. The

public has until July 28, 2008 to submit comments - now is the time for you

to let the Bush Administration know how this regulation will negatively

affect students with disabilities and that more time is needed to construct

a better alternative. We must act together and let our voices be heard or

changes will be implemented that will make it more difficult for parents to

have their cases heard in court.

The Administration must hear that this proposed regulation to limit the use

of non-attorney advocates as counsel for parents has two potentially

negative consequences on future court cases. Because of the limited pool of

attorneys qualified to serve as experts in this area, this change will mean

for many parents that their choice will be either to represent themselves

(which puts them at a disadvantage) or foregoing a due process hearing

altogether because they cannot afford attorney fees. Consequently, it is

premature for USED, without adequate review and consideration of available

research data, to propose, through regulatory amendment, such a potentially

disruptive change. Also, given the pending Congressional reauthorization of

IDEA, it is inappropriate for USED to move forward with this proposed

language at this time. More time needs to be given to this issue before

regulatory changes are made.

Please endorse NCLD's recommendation to withdraw this proposed change and

let the Secretary of Education know this regulation will have deep negative

consequences for parents in their fight to advocate for their child's

educational rights. Please follow the directions below to submit the draft

letter provided or chose to edit the letter with your personal comments.

Thank you for your continued support on behalf of those with learning

disabilities. Your voice always makes a difference!

Sincerely,

Kaloi

Director of Public Policy

National Center for Learning Disabilities

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DIRECTIONS FOR SUBMITTING COMMENTS

Please complete all steps to ensure your comments are submitted

**Comments are due by July 28, 2008 by 5 p.m. **

1. Go to: www.regulations.gov

<http://ncld.convio.net/site/R?i=KHF-ZRlAy3QEDqSNL_ApJQ..> ;

2. Go to: " Comments and Submission " and type into the box

ED-2008-OSERS-0005-0001;

3. On the next screen, under " Commenter Title I " click on " Send a

Comment or Submission " (check to make sure ED-2008-OSERS-0005-0001 is

listed);

4. On the next screen, fill in your personal information;

5. Once you get to the section for comments, cut and paste your

comments into the text box provided.

6. Then click on the " Next Step " button;

7. Review your comments and then click on the " Submit " button;

8. Wait for your " Comment Verification Note and Tracking Number;

9. Click on the " Next " button;

10. Your comments have been submitted.

_____

SUGGESTED LETTER TEXT:

Dear Secretary Spellings:

I respectfully submit my comments and recommendations on 300.512 HEARING

RIGHTS

of the proposed regulations of: PART B OF THE INDIVIDUALS WITH DISABILITIES

EDUCATION ACT ED-2008-OSERS-0005-0001.