I.D.E.A. Procedural Safeguard Amendment

I.D.E.A. Procedural Safeguard Amendment

As you are aware, the reauthorization of the Individuals with Disabilities Education Act (I.D.E.A.) is in its final stages. While the House bill, passed in late spring, contains language specifically allowing for non-attorney representation for parents in due process, the Senate proposal, in its present form, does not. P.I.C. is working closely with Senator Jon Corzines (NJ) office in seeking an amendment that will address this disparity and help ensure that advocacy services such as ours will remain an option for parents nationwide.

We are specifically asking that Senator Corzines amendment be included in the reauthorization, and that it be given the full support of the Senate and of the President.

The right to be accompanied and advised by counsel OR an individual with special knowledge or training with respect to the problems of children with disabilities.

The current proposal contains the word and instead of or, creating ambiguity about the role those with special knowledge and training can play in due process. This one word, OR, will effectively nullify the impact of the infamous Arons decision which barred non-attorney representation of parents in due process in the State of Delaware, and threatens to bar such representation in other states throughout the nation. Additionally, as a result of Arons, some districts are not allowing advocates to attend I.E.P. meetings with parents unless the Board attorney is present, one having actually been threatened with the unauthorized practice of law. This small change we seek will remove the barriers that cripple the protection and advocacy systems NATIONWIDE, both public and private, from fully and effectively advocating on behalf of special needs children and their parents at all levels of the special education process.

One word (or) one moment of your time will help ensure parents will have the option to utilize knowledgeable advocates to secure a free appropriate public education for their disabled children.

Richard Tallman, Southern Regional Coordinator
Parent Information Center of New Jersey
[email protected]