Sussan & Greenwald

ATTORNEYS AT LAW

www.special-ed-law.com

Practice limited to special education and related matters

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Legislative Update -- 7 October 1999 Violent and Repeat Juvenile Offender Act (S.254) In January 1999, Sen. Orin Hatch (UT) moved his bill, the "Violent and Repeat Juvenile Offender Act" (S.254), to the Senate floor where it was scheduled for debate. The Senate passed the bill on 20 May 1999 by a vote of 73-25. The bill contains such provisions as urging states to prosecute offenders as young as 10 as adults and allowing states to build co-located facilities" that would house children in adult jails. In addition, the Senate voted in favor of Sen. Frist's amendment (SP 355) by a vote of 75-24. This amendment significantly changes IDEA by allowing:

"school personnel to discipline - including suspension and expulsion students with disabilities who carry or possess guns or firearms at school in the same manner as school personnel may discipline a non-disabled student; students to assert a defense that the possession or carrying of the gun or firearm was unintentional or innocent; educational services to be discontinued, including FAPE, during a suspension or expulsion, if the State also does not provide services to non-disabled students under the same circumstances; districts to continue educational services if they so choose, but there is no requirement that the services are equivalent to a FAPE or any particular level of service."

Americans withDisabilities Act Document Center

Web site contains copies of the Americans with Disabilities Act of 1990 (ADA), ADA regulations, technical assistance manuals prepared by the United States Equal Employment Opportunity Commission (EEOC) or the and other United States Department of Justice(DOJ), technical assistance documents sponsored by the National Institute on Disability and Rehabilitation Research (NIDRR) and reviewed by EEOC or DOJ.

 OSERS.  The Office of Special Education and Rehabilitative Services (OSERS) supports programs that assist in educating children with special needs, and provides for the rehabilitation of youth and adults with disabilities.

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Special Education Legislation NEWs RELEASES

HORROR STORIES: Judge Tells School to Fix Bathrooms Washington Post October 20, 1999; Page A1 A 9-year-old boy with cerebral palsy, who crawled to the toilet at his D.C. elementary school for 1½ years because he couldn't get his wheelchair through the door, must be provided with an accessible bathroom by early November, a federal judge has ordered.

Adding "ADD/ADHD" to the list of eligible conditions under "OHI. "The definition of "child with a disability" in the Part B regulations has been amended to add "attention deficit disorder" ("ADD") and "attention deficit hyperactivity disorder" ("ADHD") to the list of conditions that could render a child eligible for Part B services under the "other health impairment" ("OHI") category. Including "ADD" and "ADHD" as potentially eligible conditions under the Part B regulations does not add a new requirement. It simply codifies the Department's long-standing policy related to serving these children.

IDEA-PART B FINAL REGULATIONS PARENTALLY-PLACED CHILDREN IN PRIVATE SCHOOLS (March 1999) Because "IEP" is an explicit term used in the definition of "FAPE" (and because parentally-placed children with disabilities in religious or other private schools are not entitled to FAPE in connection with their private school placements), the NPRM provisions related to IEPs for these children have been deleted, and have been replaced.

AGOSTINI, et al., PETITIONERS v. FELTON et al. CHANCELLOR, BOARD OF EDUCATION OF THE CITY OF NEW YORK We therefore hold that a federally funded program providing supplemental, remedial instruction to disadvantaged children on a neutral basis is not invalid under the Establishment Clause when such instruction is given on the premises of sectarian schools by government employees pursuant to a program containing safeguards such as those present here. The same considerations that justify this holding require us to conclude that this carefully constrained program also cannot reasonably be viewed as an endorsement of religion.

DOWN SYNDROME This is the original World Wide Web site composed of contributions from experienced professionals and parents.

OSEP MONITORING MANUAL This manual was designed to provide information on the five phases of the Continuous Improvement Monitoring Process that involve OSEP monitoring activities: Validation Planning, Validation Data Collection, Reporting to the Public, Improvement Planning, and Verification and Consequences. It also includes information on "pre-monitoring" activities like conducting Self-Assessments, establishing a Steering Committee, and planning for technical assistance throughout the monitoring process

USER'S GUIDE TO 1999 IDEA REGULATIONS On February 20, 1997, a congressional bipartisan, bicameral "working group" was established to develop a bill reauthorizing the Individuals With Disabilities Education Act (IDEA). On March 12, 1999, the Department published the final regulations in the Federal Register. The final regulation (hereinafter referred to as "the revised regulation" or the "regulation") is composed of eight discrete parts. The purpose of this Guide is to provide a "user friendly" tool for understanding the major new policies included in these revised regulations.

FERPA & SPECIAL EDUCATION RECORDS

CODE OF FEDERAL REGULATIONS The Code of Federal Regulations (CFR) is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The CFR online is a joint project authorized by the publisher, the National Archives and Records Administration's Office of the Federal Register, and the Government Printing Office (GPO) to provide the public with enhanced access to Government information.

FEDWORLD INFORMATION NETWORK In 1992, FedWorld was established by The National Technical Information Service( NTIS), an agency of the U.S Department of Commerce, to serve as the online locator service for a comprehensive inventory of information disseminated by the Federal Government.

HOUSE OF REPRESENTATIVES SCHEDULE The schedule the House intends to consider this week.

REGISTER YOUR IDEA VIOLATION COMPLAINT. CLICK HERE!  Communicate directly with OSEP and register your complaint.

The U.S. House of Representatives The Legislative Process The Legislative Process page provides access to a wealth of information about bills and resolutions being considered in the Congress, as well as current information about what's happening on the House floor. A summary of the categories of information is listed under Legislative Process Information.

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