Tina's Blog

Tell Secretary Spellings to Protect Due Process Hearings
*Action Required by July 28, 2008 at 5 p.m.*

Hello everyone, I hope all is well.

I wanted to pass this information on that I received from the National Center
for Learning Disabilities (http://www.ncld.org/) regarding a proposed change
to regulations regarding educational due process hearings. I hope everyone
who has been closely involved with someone with a disability (or not) will
take a moment and send in a comment to help stop this proposal and to pass
this on to others whom may be interested. The process is simple and fairly
quick and I am posting the email that I received that will guide you in this
process. Also, below I will include what I sent in.

PLEASE NOTE: **Comments are due by July 28, 2008 by 5 p.m.**

Thank you in advance for your efforts in this fight for our children's rights!

May God richly bless you all,

Tina Smith

Link, Example & Steps to electronically leave comment regarding proposal:

Dear Tina,

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;
http://ncld.convio.net/site/R?i=eoT0iAxjd5fqOLWf81ReLg..

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.

Comment that I posted:

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.

I am a mother of an 8 year old boy who suffers from comorbid disorders. Up
until this past school year, 2007-2008, I was unaware of his disability rights
due to the fact our district chose to withhold this information from me. Our
families experience with the school district has been extremely unpleasant. I
have had to put my own educational and employment endeavors on hold just to
become grounded in the information and laws that I need to effectively combat
my advocacy efforts. It is the experience and knowledge of other advocates
who have contributed the most benefit toward my cause. All the information
that I have utilized has been passed to me by these wonderful people within
our society who are so ready and willing to support us through, what I now
know from experience, are really rough times. When we are forced into
standing up against the system for our legal rights, there are too many of us
(in a variety of situations) who require the services of our lay advocates to
prevent us from giving up because there are no other alternatives for us to
utilize.

Thank you for allowing me to submit my comments today.

Sincerely,

Tina Smith