Speak out for the 3 year olds, special education bill AB 1124

May 1, 2:40 PMSpecial Education ExaminerRobin Hansen

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AB 1124 is a bill put forth to reinstate the law regarding a "stay put" provision when a child transition from the regional center (or early intervention) services at age 3 to the local school district.  

HISTORY:

When (Individuals with Disabilities Education Act), IDEA2004 was amended under the republican dominated congress, many rights of the rights of our disabled children were stripped away. In the regulations, implementing the 2004 amendments, the US Department of Education took the position that, during a pending dispute, a school district has no obligation to continue providing services which were received under Early Start or regional center. This resulted in a gap of services at a critical stage of developmental. This bill will eliminate that gap. School district lawyers wasted no time telling school administrative staff they could refuse to provide any services at all.  

Ironically, under federal law IDEA, a child can be qualified for any services they need  if the IEP (Individualized Education Plan) team determines the child needs help.  They are never obligated, at any time, to follow strict criteria for eligibility in oder to give a child help!  When cases went to litigation, improperly trained OAH staff started making rulings against children getting help. Litigation firms whispering in school administrator's ear, encouraged school districts not to offer services.  The law firms could go to court and win a case and a huge fee, knowing these decisions were the books.   Again, tax dollars for lawyers, not children.

DAMAGE DONE:

During my special education advocacy training I saw this happen first hand.  I watched a parents of a high functioning autistic child go from getting excellent services through the regional center, to being forced to pay privately from the day he turned 3 years old.   Originally, the school was going to provide services, but after a little chat with the infamous money making firm, Fagen Friedman & Fulfrost , the school district decided to cut services altogether. http://tinyurl.com/d4oznl  The very wealthy district forced the parents to litigate and the ALJ decided to blow off the testimonies of highly qualified doctors who insisted the child needed services. Since 2005, thousands of children have suffered the same fate. 

HOW TO CHANGE THIS OUTRAGE:

AB11254 will change this miscarriage of justice. A big thank you to Assembly Member Mariko Yamada for introducing this bill!

Please email or fax our legislators today and let them know you support AB1124.  Safeguard the rights of 3 year olds because they cannot speak for themselves.  Since they are disabled, without early intervention, they may never be able to speak out at all.

SAMPLE LETTER AND CONTACT INFORMATION: 

http://www.disabilityrightsca.org/legislature/Legislation/2008-2009/AB_1124_Yamada.htm