| From the HSLDA E-lert Service: |
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| Date: From: Subject: | 2/25/2005 5:11:19 PM Home School Legal Defense Association Urgent Action Needed to Help Shape IDEA Special Needs Regulations |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== February 25, 2005 Urgent Action Needed to Help Shape IDEA Special Needs Regulations Dear HSLDA members and friends: For the past six years, HSLDA has confronted a growing problem with the Individuals with Disabilities Education Act (IDEA). Local Education Agencies (LEA) believe 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. Ironically, homeschool families are still pursued even when they are ineligible for services. In December of 2003, Congress passed a new IDEA law, which was more favorable to the interests of parents. Now the regulations are being written. The U.S. Department of Education is accepting written public comments for the first winter round of hearings until February 28, 2005. Each comment is categorized by the Department and taken into consideration when the regulations are written. Those areas receiving more comments will attract greater attention from the regulators. Therefore, we urge you to submit comments before Monday, February 28 using either our automatic email feature below or by composing your own comments and submitting them by mail or email. Action Requested: Please send a message to the Office of Special Education and Rehabilitative Services at the U.S. Department of Education encouraging them to clarify that under the new IDEA law, when a parent indicates that they will refuse both consent for evaluation and consent for services that nothing in IDEA requires that an LEA continue to pursue an evaluation. Please use the following link to send an email message using our automated system. http://www.hslda.org/elink.asp?id=2139 If you would like send your own comments without using our automated feature, please send your comments to: comments@ed.gov or Office of Special Education and Rehabilitative Services U.S. Department of Education 400 Maryland Avenue, S.W. Potomac Center Plaza, Room 5126 Washington, D.C. 20202-2641 Background: As a result of an unfortunate interpretation of IDEA, many homeschool and private school families have 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 LEA's still insist on an evaluation. HSLDA is currently litigating a case with the Missouri Department of Education over this issue. To read more about difficulties HSLDA and homeschool families have confronted under the IDEA law, see the following: "Hearing Officer Rules Homeschooler Must Submit to Special Needs Evaluation http://www.hslda.org/docs/news/hslda/200303/200303271.asp For Liberty, Caleb Kershner Manager of Federal Policy & Research ---------------------------------------------------------------------- -> There may be a shortage of the flu vaccine, but there's no shortage of legal protection for homeschoolers. HSLDA is 80,000 families standing together for the right of each family to teach their children at home. You don't have to stand alone against those who think homeschoolers should be regulated and controlled. Joining a team of home educators who will stick with you may be just what the doctor ordered for your homeschool . . . and your peace of mind. More reasons to join HSLDA... http://www.hslda.org/elink.asp?id=1934 ---------------------------------------------------------------------- ====================================================================== 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 - Or send an email with name and complete mailing address to: subscribe@hslda.org ---------------------------------------------------------------------- Subscription Information: - You subscribed to the HSLDA E-lert Service as: {{Email}} - To unsubscribe from the HSLDA E-lert Service send an email from the email address you want to unsubscribe to: unsubscribe@hslda.org - To change your email address or make other changes to your subscription, visit the HSLDA E-lert Service account web page at: https://secure.hslda.org/hslda/elert/account.asp ---------------------------------------------------------------------- POSTMASTERS: This message is being sent to the most recent address we have for our subscribers. If this is an invalid email address or you have other problems, please reply to webmaster@hslda.org. ---------------------------------------------------------------------- DISCLAIMER: This is considered a private and confidential message from HSLDA to its bonafide HSLDA E-lert Service subscribers. HSLDA cannot attest to the authenticity of copies posted, forwarded, or sent by any party other than HSLDA. ---------------------------------------------------------------------- NOTE: Please do not reply or otherwise use this email address; hslda@hslda.org is for broadcast purposes only and is not intended to receive incoming messages. We cannot reply to any email sent to this address. If you have comments or questions, please send email to info@hslda.org or call HSLDA at 540-338-5600. HSLDA members can also email staff directly through the Members website at http://members.hslda.org/contact.asp. Thank you for your cooperation. ====================================================================== | |
