| From the HSLDA E-lert Service: |
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| Date: From: Subject: | 6/29/2005 6:57:59 PM Home School Legal Defense Association Comments Needed Now To Support Draft IDEA Regulations |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== 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 ---------------------------------------------------------------------- -> Is customer service an art or a science? No one can be everywhere at once. And you can't be at home, teaching your children, while monitoring your state's legislature. Through electronic legislative services, HSLDA is monitoring state legislation for you-watching and listening carefully for any proposed laws that could erode your right to homeschool. Join HSLDA today-we'll watch out for your future. More reasons to join HSLDA... http://www.hslda.org/elink.asp?id=1942 ---------------------------------------------------------------------- ====================================================================== The HSLDA E-lert Service is a service of: Home School Legal Defense Association P.O. 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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. ====================================================================== | |
