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 Comments Needed Now to Support IDEA Regulations (currently 899 views) |
| ang |
| Posted on: June 30th, 2005, 5:00pm |
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> Comments Needed Now To Support Draft IDEA Regulations
>
> Dear HSLDA members and friends:
>
> Under the current regulations, Local Education Agencies (LEAs) believe
> that they are required to pursue an initial evaluation of a non-public
> school special needs child even when the parent(s) object to an
> evaluation. During the past six years, LEAs have regularly overstepped
> their bounds, but over the next 10 days we have a rare opportunity to
> permanently stop the abuse by LEA's.
>
> The Department of Education has released new regulations governing the
> Individuals with Disabilities Education Act (IDEA) and your letters
> and emails of support are needed in order to convince the Department
> that homeschoolers desire the right to refuse initial evaluations.
>
> Action Requested:
>
> Please submit your comments in support of the recently proposed
> regulations via email or letter. In a series of meetings across the
> country, the Department of Education is looking to hear from you about
> these new regulations. Unfortunately, a great deal of opposition will
> arise against these proposed regulations. We have already heard that
> Senator Edward Kennedy (MA) is upset about the protections given to
> private and homeschooled students. It is imperative that we act in a
> unified voice in favor of the preamble to the regulations in order to
> thwart efforts of those who desire to see this language removed from
> the final version. The more letters and comments the Department
> receives, the louder our voice will be heard.
>
> Please contact the Department of Education immediately and urge them
> to keep the proposed regulations currently under consideration. You
> only need to send a paragraph or two supporting the regulation's
> preamble which protects parental rights and prohibits unwanted
> government intrusion by barring the school from conducting initial
> evaluations of private and homeschooled students without the parent's
> permission. Two samples can be found below. However, please use your
> own words as much as possible.
>
> Separate letters will be much more persuasive to the regulators. If
> you are a parent of a special needs child, be sure to include this
> fact in your comments.
>
> The Department's email is IDEAcomments@ed.gov (you must include
> "IDEA-Part B" in the subject line) and any letters should be addressed
> to:
>
> Troy R. Justesen
> U.S. Department of Education
> 400 Maryland Avenue, SW
> Potomac Center Plaza, Room 5126
> Washington, DC 20202-2641
>
>
> Sample letter to Troy R. Justesen - http://hslda.org/elink.asp?ID=2427
> Sample statement from the Nevada Homeschool Network -
> http://hslda.org/elink.asp?ID=2428
>
>
> Be sure to submit your comments before July 8, 2005.
>
>
> Background:
>
> As a result of the unfortunate interpretation of IDEA, many homeschool
> and private school families have been harassed by school districts.
> Consequently, HSLDA has been locked in a legal battle over whether or
> not the public school may conduct an initial evaluation of the child
> without a parent's consent. Ironically, most homeschoolers are not
> even eligible to receive services under IDEA and yet the school still
> insists on an evaluation. HSLDA is currently litigating a case with
> the Missouri Department of Education over this issue.
>
> In December of 2004, HSLDA worked with Congress to pass a new IDEA
> law, which was more favorable to the interests of parents. In February
> 2005 the U.S. Department of Education took initial written public
> comments on the recently passed law. HSLDA issued an e-lert and many
> of you responded by submitting written comments, urging the Department
> to clarify that the state is not required to pursue an evaluation of a
> child who is not in public school and not receiving IDEA services.
>
> Your comments were heard. The first draft of the IDEA regulations
> clarifies the law to protect private and homeschool students. They
> specifically prohibit an LEA or agency from pursuing an evaluation of
> any homeschool or private school student not receiving public
> education services without parental consent.
>
> However, there will likely be a great deal of opposition to these
> provisions by professional educators and others. It is imperative that
> we work together to push back against all opposition to the right of
> parents to be free from government evaluations of their children.
>
> We have one opportunity to make this favorable change, so please act
> today.
>
> If you have any questions, please contact Caleb Kershner, HSLDA's
> Manager of Federal Policy and Research at 540-338-8661 or
> NCHE@hslda.org.
>
> Sincerely,
>
> Caleb Kershner
> HSLDA Manager, Federal Policy and Research
>
>
> To read more please visit http://hslda.org/elink.asp?ID=2426
>
> ======================================================================
> The HSLDA E-lert Service is a service of:
>
> Home School Legal Defense Association
> P.O. Box 3000
> Purcellville, Virginia 20134
> Phone: (540) 338-5600
> Fax: (540) 338-2733
> Email: info@hslda.org
> Web: http://www.hslda.org
>
> ----------------------------------------------------------------------
> How To Subscribe:
>
> - Subscribe to the HSLDA E-lert Service at our website:
>
> https://secure.hslda.org/hslda/elert/account.asp?Process=Subscribe
> ======================================================================
>
>
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