National Center for Learning Disabilities

Thanks to the emailer who sent this in.

Welcome to NCLD's Legislative Action Center. Here is where you'll find the latest information and essential tools you need to be an effective LD Advocate.

Learn about critical legislation affecting those with learning disabilities. Keep up to date on what's happening in Washington, and find out how you can take action and improve education public policy by contacting your elected officials.

Active Legislative Action Alert

Tell Secretary Spellings that Due Process Hearing Rights Must be Protected
*Action Required by July 28, 2008 at 5 p.m.**

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,
Laura Kaloi
Director of Public Policy
National Center for Learning Disabilities

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;
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.

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. In addition, given the pending Congressional reauthorization of IDEA, I believe it would be prudent to give additional time to debate this issue before regulatory changes are made.

Thank you for allowing me to submit my comments today.