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LDA NEWS FROM WASHINGTON

A Publication of The Learning Disabilities Association of America
AUGUST 13, 2005 - KATRINA SPECIAL

HELP FOR SCHOOL AGED STUDENTS LEFT HOMELESS BY HURRICANE KATRINA

Well over 200,000 school age children have been left homeless by hurricane Katrina. Whether these children are living in the homes of friends and relatives, or in temporary housing at hotels, motels or military bases, the McKinney-Vento Homeless Assistance Act requires that all school districts make special accommodations to ensure access to school for children whose families are "homeless." IDEA 04 requires school districts to identify, evaluate and provide services to all homeless children with disabilities.

The No Child Left Behind Act allows the waiver of some of its requirements due to "exceptional or uncontrollable circumstances, such as a natural disaster". On September 7, Secretary of Education Margaret Spellings sent a letter to the Chief State School Officers promising to "consider promptly requests for waivers /of NCLB requirements/ including, among other things, waivers of maintenance-of-effort " and "highly qualified teachers". The letter also promised help in the transfer of federal funds to districts in other States that are serving displaced students and the use of FEMA funds for temporary educational facilities, such as portable classrooms and student transportation costs. (http://www.ed.gov/policy/elsec/guid/secletter/050907.htm) The letter also announced the establishment of a Hurricane Help for Schools website aimed at getting supplies to schools serving students affected by Katrina. On one part of the web site, schools are able to post their contact information and the supplies the students need. Companies and organizations are able to view these needs and contact the schools to meet them, or, on another part of the site, they may post what supplies or resources they can offer. (http://www.ed.gov/Katrina/)

If you know of a school that is denying special education services to a student with an active IEP who has been affected by Katrina, please share that complaint with OSEP by calling M-F: 9am - 5pm, 1-800-USA-LEARN (1-800-872-5372); English and Spanish available; TTY for hearing impaired 1-800-437-0833; or, e-mail education@custhelp.com.

The Texas Commissioner of Education sent a letter to school districts and charter schools containing the following very specific information.

  • A district with a significant influx of students due to the hurricane may obtain a waiver of 22-to-1 student/teacher ratio requirements by notifying the agency of the need.
  • A district with a significant influx of students due to the hurricane may update its enrollment for textbook ordering purposes.
  • A district with a significant influx of students due to the hurricane may increase its entitlement under the federal free and reduced-price lunch program automatically to the extent students qualify as homeless.
  • A district with a significant influx of students (more than 50) due to the hurricane may notify the Office of State Funding of the enrollment increase and have state aid increased appropriately from the Foundation School Program before settle-up.
  • Normal immunization requirements for attending school or child-care facilities in Texas are being temporarily waived for children displaced by hurricane Katrina.
  • Districts should document information on students from Louisiana and Mississippi who have enrolled as a result of the hurricane so that the state can work with counterparts in those states to facilitate the transfer of records.
  • Districts should keep track of expenditures made to serve these students.
    The Federal Emergency Management Agency may be authorized to reimburse some or all of those expenditures.
  • Districts are reminded that federal law prohibits segregating homeless students from the general population.

The National Center on Learning Disabilities offers information on the basic educational rights of students affected by Katrina; tips on accessing continued special education services in a new school setting and where to find additional resources. (http://www.LD.org/Katrina)

The Council of Parent Advocates and Attorneys website gives guidance on where to go if problems arise in trying to get services for homeless students with disabilities. (http://www.copaa.org/news/hurricane.html)

The Library of Congress National Library Service for the Blind and Physically Handicapped (NLS), which provides eligible students, including students with a medically certified reading disability, asks hosts of eligible individuals to call 1-888-NLS-READ (1-888-657-7323) or go to http://www.loc.gov/nls/eligible.html for enrollment information and a directory of cooperating local libraries participating in the Talking Books program.

HELP FOR STUDENTS FROM COLLEGES AFFECTED BY HURRICANE KATRINA

The Department of Education has encouraged colleges and universities to admit students from affected institutions in a manner that permits them to receive federal student aid (http://ifap.ed.gov/eannouncements/katrina.html). NAICU, The National Association of Independent Colleges and Universities, has posted a Katrina Aftermath College Resource Center A Compilation of Initiatives Undertaken by America's Private Colleges and Universities to Aid the Victims of Hurricane Katrina (http://www.naicu.edu). AHEAD (Association on Higher Education and Disability) has set up a special resource, S.O.S: Serve Our Students: A Response to Hurricane Katrina to help students with disabilities adjust to new campus communities, (www.ahead.org/resources.) Congress is not far behind. The House of Representatives passed The Pell Grant Hurricane and Disaster Relief Act (H.R. 3169) and The Student Grant Hurricane Aid Disaster Relief Act (HR 3668) both of which would waive grant repayment requirements for students forced to withdraw from college because of a natural disaster.

MENTAL HEALTH SERVICES FOR PEOPLE AFFECTED BY HURRICANE KATRINA

The Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services has set up a toll free hotline for people in crisis in the aftermath of Hurricane Katrina. By dialing 1-800-273-TALK (1-800-273-8255), callers will be connected to one of the 110 certified crisis centers to talk to a trained worker who will listen to and assist callers in getting the mental health help they need. People will be provided with immediate access to local resources, referrals and expertise."

LEGISLATION

It is hard to predict what action Congress will take on pending legislation as it tries to deal with the Katrina crisis.

On July 22, the House Education and the Workforce Committee passed its version of THE REAUTHORIZATION OF THE HIGHER EDUCATION ACT (HR 609). The full House was expected to consider the bill in September. The Senate Health, Education, Labor and Pensions expected to introduce its bill in September.

On September 9 the House Committee on the Judiciary passed THE SEX OFFENDER REGISTRATION AND NOTIFICATION ACT (H.R. 3132) which requires that every jurisdiction maintain a jurisdiction-wide sex offender registry. Offenders, including juveniles, are to register in each jurisdiction where the offender resides, is employed or is a student. The contents of the registry are to be public; to be updated by the offender upon change of residence, employment or student status; to be verified by the offender every six months; and the information to be disseminated to assure its availability to schools, employers, housing agencies, volunteer organizations, and social service entities Its scope is such that a young adolescent, who was adjudicated a delinquent for non-violent sexual contact with playmate, would face what amounts to a life sentence of the most degrading public humiliation. The bill is scheduled for floor action the week of September 12.

FROM THE DEPARTMENT OF EDUCATION

  • Susan K. Sclafani, the director of the U.S. Department of Education's vocational education program, who won the respect of many career-oriented school officials despite pressing them to improve their academic programs, announced her resignation effective September 6. Beto Gonzalez, who was hired as a top deputy to Ms. Sclafani earlier in August, will serve on an interim basis. Mr. Gonzalez, a former college dean, most recently served as a public affairs official in the U.S. Department of Labor.
     
  • Guidance on Alternate Achievement Standards for NCLB The Department of Education has released "Alternate Achievement Standards for Students with the Most Significant Cognitive Disabilities - Non-Regulatory Guidance" regarding the use and development of alternate achievement standards for students with the most significant cognitive disabilities. To read the full document, click on the following link http://www.ed.gov/policy/elsec/guid/altguidance.pdf
     
  • The 25th Annual Report to Congress on IDEA This two-volume publication from the U.S. Department of Education reports the results of a national assessment of activities carried out under the reauthorized IDEA 1997. It discusses student performance results, student characteristics, and some of the programs and services available within schools for children with disabilities and their families. Free copies available by request from ED Pubs. https://www.edpubs.org/webstore/
     
  • The Department's Institute of Education Sciences (IES) has created a new listserve. Subscribers interested in education research, evaluation, and statistics will automatically receive periodic notification of information available on the IES web site. The listserve will focus on such topics as funding, recent publications, and facts and figures from the well-known National Center for Education Statistics (NCES). For more information, go to http://www.ed.gov/about/offices/list/ies/signupform.html
     
  • The National Center for Special Education Research (NCSER), one of four centers within the Institute of Education Sciences, supports a comprehensive research program to promote the highest quality and rigor in research on special education and related services, and to address the full range of issues facing children with disabilities, parents of children with disabilities, school personnel, and others. The authorization for NCSER occurred on December 3, 2004, with the President's signing of the reauthorization of the Individuals with Disabilities Education Act (IDEA).
    The new law transferred the responsibilities for research in special education within the U.S. Department of Education from the Office of Special Education and Rehabilitative Services to the Institute of Education Sciences. Information on the FY 2006 special education research competitions in available on the Institute's funding page http://www.ed.gov/about/offices/list/ies/programs.html.
     
  • The Civil Rights of Students with Hidden Disabilities Under Section 504 of the Rehabilitation Act of 1973 The U.S. Department of Education has a pamphlet examining the civil rights of students with hidden disabilities under Section 504 of the Rehabilitation Act. The pamphlet examines issues such as disabilities covered under Section 504, the responsibilities of Department of Education recipients in preschool, elementary, secondary and adult education, and how the needs of students with disabilities can be addressed. While this pamphlet came out a few years ago, it is still relevant today, especially with the new school year starting all across the country. To read the pamphlet on the Department of Education website, go to www.ed.gov/about/offices/list/ocr/docs/hq5269.html.

STATE LEGISLATION

The California Legislature passed a bill that would exempt many special education students who are on track to graduate from meeting the state's graduation exam requirement. Senate Bill 586 would codify a legal settlement reached last month by the state and disability rights advocates who sought to halt the graduation exam requirement for special education students in the class of 2006. Because the exemption would apply to students with disabilities in the classes of 2006 and 2007, State Schools chief Jack O'Connell says the bill goes beyond the settlement terms. He's recommending that the Governor veto the bill. If the bill does not become law by Oct. 9, the advocates and O'Connell will go back to court.

LDA News from Washington is a periodic publication of The Learning Disabilities Assocation of America, Inc., 4156 Library Road, Pittsburgh, PA 15234-1349, Phone: 412.341.1515, Fax: 412.344.0224

This is a bulletin containing news of interest to the volunteer and administrative leadership of LDA National and its State and Local Affiliates. Written by LDA's Washington Representative, Justine Maloney; Kathy Lawson, Editor. LDA members wishing to be added to the email list may contact Kathy Lawson, at klawson@ldaamerica.org.

Learning Disabilities Association of America
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Phone (412) 341-1515 Fax (412) 344-0224
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© 2004 LDA of America