[Congressional Record Volume 149, Number 64 (Thursday, May 1, 2003)]
[Extensions of Remarks]
[Page E847]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 IMPROVING EDUCATION RESULTS FOR CHILDREN WITH DISABILITIES ACT OF 2003

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                               speech of

                            HON. MAX SANDLIN

                                of texas

                    in the house of representatives

                       Wednesday, April 30, 2003

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 1350) to 
     reauthorize the Individuals with Disabilities Education Act, 
     and for other purposes:

  Mr. SANDLIN. Mr. Chairman, I rise today to speak regarding H.R. 1350, 
the Individuals with Disabilities Education Act.
  It is with great regret that I feel compelled to vote against the 
IDEA reauthorization bill. I had looked forward to voting on a bill 
that finally provides adequate resources for students with 
disabilities, their families, and teachers. I had looked forward to 
voting on a bill that would continue to protect the unique needs of 
children with disabilities. Unfortunately, the measure offered by the 
majority failed on both these counts and does a disservice to the 
teachers and the children that they serve.
  I am profoundly disappointed that once again our Congress has failed 
to live up to the funding promises of the original Individuals with 
Disabilities Education Act, passed in 1975. The original bill 
recognized our federal responsibility to help states provide a free and 
appropriate public education to students with disabilities. While the 
original law promised to fund 40% of states' costs to educate these 
special needs children, Congress has never funded more than 18%. 
Without appropriate funds, schools are caught in a failing balancing 
act, trying to provide adequate resources to students with disabilities 
while also meeting the needs of typical students. I know the rural 
schools in the First District of Texas simply cannot wait any longer 
for the relief they so badly need. We should have finally committed 
ourselves to fulfilling the promise of IDEA with mandatory funding for 
these students. Anything less is unacceptable.
  I am also deeply concerned regarding the discipline provisions in 
H.R. 1350 for children with disabilities. No one believes that teachers 
and principals should not have the right to discipline students. 
However, this bill eliminates protections that children with 
disabilities deserve in consideration of their limitations. Current law 
requires schools to determine whether a student's actions were the 
result of a disability before determining a punishment. This new bill 
does not do so and puts more students at risk for suspension or 
expulsion. It is important that we retain protections for the best 
interests of these children, and remember the challenges they endure.
  This IDEA bill also fails to protect families who feel their school 
system is not complying with their children's needs. Previously there 
was no statute of limitations on parents' rights to file grievances 
against the schools. This new bill requires that they do so within one 
year of the incident. Often times parents aren't aware of the rights 
that their children are entitled to under IDEA and do not fully 
understand what services would best suit their child. While we should 
discuss the need for closure on potential liability for schools, 
certainly parents should have more than one year to appeal their 
schools' decisions.
  My mother was a school teacher for 30 years and has well impressed 
upon me the challenges of teaching children with disabilities without 
the resources to back it up. I have talked with parents of special 
needs children at length about the struggles they face in getting their 
children the services they so badly need. Our parents and teachers 
desperately need our help and this bill fails to meet the mark. For 
these reasons, I cannot support the IDEA re-authorization bill, but 
will continue to fight in Congress to give our communities the 
educational resources they deserve.

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