PARENTS OPPOSE CHANGES IN STATE AND FEDERAL SPECIAL EDUCATION LAWS

For Immediate Release

Contact:

Maureen Graves, Esq.
34 Schubert Court
Irvine, CA 92612
Phone: (949) 856-0128
Phone: (949) 856-0168
Cell: (949) 466-4248
maureengraves@cox.net


On Wednesday, June 25 at 9:30 a.m., in Room 4203 of the State Senate Building, the California State Senate Education Committee will consider AB 780, which if passed would decrease the statue of limitations for special education issues from three years to one year. Family members and professionals working with children with disabilities will begin gathering at 6 a.m. under the name "CAPCA" at the Clarion Hotel to prepare for the Senate Education Committee meeting.

               Following the meetings, from approximately 1 – 3 p.m., a rally will be held outside the office of Senator Barbara Boxer (501 "I" Street) to oppose proposed changes in the Individuals with Disabilities Education Act. Family members, special education students and professionals will speak.    

A petition signed by hundreds of parents indicates that the proposed statute of limitations reduction "would harm children and destabilize the special education system to the detriment of teachers and conscientious administrators as well as families." They indicated that "[many parents could not protect their children's rights, while others would initiate legal proceedings annually," and the measure "would "encourage the worst school district behaviors: ‘hiding the ball' as to student needs and available programs, concealing breakdowns in service delivery, and misrepresenting student progress."

Valerie Vanaman, a Sherman Oaks attorney who has represented children with disabilities for over 25 years first at legal aid and now in private practice, expressed concern regarding federal and state developments. She called for increased political mobilization among parents, noting that "what began as a civil rights movement has turned into a system in which parents rely on the existence of well-established legal rights. Unfortunately, those rights are in severe danger in both Washington and Sacramento." Kathryn Dobel, a Berkeley attorney who has represented children with disabilities for over twenty years and is past chair of the national Council of Parent Advocates and Attorneys (COPAA), indicates that "the rights of children with disabilities are under an unprecedented assault at the federal level, where a bipartisan consensus in support of special education is in danger of breaking down." She added that "lowering California's statute of limitations would be devastating, particularly for low-income and unrepresented parents," and that "for parents with access to legal representation, a shortened statute of limitations would drastically increase the number of special education filings, because claims would have to be brought within one year or forever waived." She noted that the procedural complexity and thus cost of cases would also rise.




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