Advocacy Monitor

Last week, the U.S. Supreme Court unanimously decided in favor of a student with a disability in Endrew F. v. Douglas County School District. Last week’s decision sets a more rigorous standard for special education services, stating that the Individuals with Disabilities Education Act (IDEA) demands educational programs to be “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”

NCIL Logo: National Council on Independent Living

” data-medium-file=”https://advocacymonitor.com/wp-content/uploads/2012/08/logo1-1024×756-300×221.jpg” data-large-file=”https://advocacymonitor.com/wp-content/uploads/2012/08/logo1-1024×756.jpg” tabindex=”0″ role=”button” class=”size-medium wp-image-365 alignright” src=”../../../../wp-content/uploads/2012/08/logo1-1024×756-300×221.jpg” alt=”NCIL logo – National Council on Independent Living” width=”300″ height=”221″ srcset=”../../../../wp-content/uploads/2012/08/logo1-1024×756-300×221.jpg 300w, ../../../../wp-content/uploads/2012/08/logo1-1024×756.jpg 1024w” sizes=”(max-width: 300px) 100vw, 300px”/>IDEA requires that disabled students be provided a free and appropriate public education (FAPE). Reinforced by the 1982 U.S. Supreme Court Rowley decision, the requirement for students with disabilities has been that schools provide for educational benefit “merely more than de minimis,” or just above insignificant. This low threshold for FAPE has resulted in weak standards for students with disabilities for decades, including Individualized Education Program (IEP) accommodation denials.

This decision sets a standard that is “more demanding than ‘merely more than de minimis,’” stating that while each student’s goals may differ, “every child should have the chance to meet challenging objectives.” Maureen Hollowell, NCIL’s Education Subcommittee Chair, said, “for years students with disabilities have been held back from making academic progress because of a very low standard established by schools and the courts. Today the U.S. Supreme Court gave a new generation of children opportunities, IF we empower students and families to use this new standard.”

• Read the full decision (PDF)

The theme for NCIL’s 2017 Annual Conference is Revolution: A Global Independent Living Movement.

Due to a variety of barriers, most especially cost, youth with disabilities have been unable to fully participate in the national disability community. In order for the Independent Living Movement to be more inclusive of young people, we need the support of Centers for Independent Living and Statewide Independent Living Councils. We are asking you to talk to your CIL or SILC to pledge to support youth in one of the three ways:

• Pledge to financially sponsor 2 young people in your local area to attend the NCIL Conference.
• Pledge to financially sponsor 2 young professionals on your staff to attend the NCIL Conference.
• Contribute towards the Youth Scholarship Fund that will bring young people from across the country to the NCIL Conference. Your donation will support plane tickets, hotel accommodations, personal assistance services, and registration costs for attendees.

With your help, we can bring youth with disabilities to the 2017 NCIL Conference and ensure that youth leadership will grow and flourish in the Disability Rights Movement. Together we can ensure that young people with disabilities are empowered, engaged, and ready to lead.

The U.S. House of Representatives has voted to overturn the Department of Education’s regulation implementing the Every Student Succeeds Act (ESSA) core requirement that schools be held accountable for the performance of historically marginalized students, including students with disabilities. Congress has never before voted to overturn an education regulation. The Department issued this regulation after the public, including both educators and students and their families, filed over 21,000 comments. The Senate will vote soon on whether to follow the House and overturn the regulation. We ask you to call your Senators today to vote “no” to protect students with disabilities.

What You Need to Know:

The ESSA provides states with flexibility in how they identify schools where students are struggling, how they will hold those schools accountable, and how the states will support those schools. But the ESSA also provides strong “guardrails,” to ensure that schools actually help students, including students with disabilities, learn and achieve proficiency. The ESSA also requires states to issue a “report card” for every public school in the state, so that parents can make informed decisions about where their children will attend school.

Last year the Department of Education issued a regulation strengthening the ESSA, clarifying what the law requires, and specifying timelines for states to develop an accountability plan, including report cards, for schools. Taking into consideration over 21,000 comments from the public, including parents, students, educators, advocates, and others, the Department was using those notes to shape what the regulation should say. The final regulation gives content to the ESSA’s core requirement that states must ensure that schools take steps to help struggling students, including students with disabilities.

Despite this robust process, on February 7 the House of Representatives overturned the Department’s ESSA accountability regulation. The Senate may vote soon to join the House and overturn the regulation. If the Senate votes “yes” on this bill (H.J. Res. 57), President Trump has said he will sign it, and the Department won’t be able to enforce the ESSA regulation and core protections for students with disabilities will be lost. New Secretary of Education Betsy DeVos has already told states they don’t have to follow the regulation, pending the Senate vote. [Read more…]

CIL-NET Presents… A National Onsite Training

April 18-20, 2017; Denver, Colorado

Register online or by using the printable registration form (PDF)

Registration Fee: $150.00

Registration Deadline: March 20, 2017

CIL-NET is organizing this outstanding training opportunity to make sure that you and your co-workers are equipped to help young individuals. Topics during the conference will include what the law and final regulations say, what falls under the new core service, how to engage youth and parents, strategies for working with VR, local agencies, schools, state agencies, and identifying your CIL’s strengths and expanding them to include youth!

Please join us in Denver this spring to learn from leading experts in Independent Living and Youth Transition.

You will learn:

• What the law and final regulations say.
• What falls under the new core service and what doesn’t?
• Strategies for tracking this service for reporting purposes.
• Steps for identifying a CIL’s strengths, resources, and existing services that can be expanded to include youth.
• Tools and strategies for implementation.
• Potential new partners, service possibilities, and funding sources.
• Using core services as spring board to expansion.
• Strategies for working with VR, local agencies, schools, state agencies.
• Key collaborations. How do you get to the right tables?
• Youth are a target population, not a service.
• What are the elements of a CIL culture that will attract and engage youth?
• How to approach young adults. How to be an adult ally.
• How to engage parents.
• Issues of intersectionality.

[Read more…]

On Tuesday of this week, the Senate Committee on Health, Education, Labor and Pensions (HELP) voted to move Betsy DeVos’ nomination for Secretary of the Department of Education forward. Early this morning, the full Senate voted to advance her to a final confirmation vote, which is expected Monday but could be as early as this weekend.

Two Republican Senators – Susan Collins (R-ME) and Lisa Murkowski (R-AK) – have indicated that they will vote NO. Because there are 52 Republicans, and because Vice President Pence would serve as the tie-breaker, we need ONE more Senator to oppose DeVos to ensure she will not be confirmed. DeVos is a terrible choice to lead the department responsible for the education of children with (and without) disabilities. In a previous alert, we outlined some of our major concerns.

We need you to contact your Senators and ask them to vote NO on DeVos! ONE more Senator’s opposition will prevent this scary and unqualified nominee from leading the Department of Education. We must keep up the pressure! Tell your Senators how dangerous DeVos will be for students with disabilities all over the country by calling the U.S. Capitol Switchboard at (202) 224-3121. Just ask to be connected to your Senator’s office, and if it’s busy, keep calling back! Also, please reach out to your Senators online, via their website, Facebook, or Twitter. Use the hashtags #DumpDeVos or #DeVosFacts.

Note: The following Senators have been identified as individuals who may be willing to take a stand against DeVos. While several of them have indicated a commitment to supporting her, if one of your Senators is listed below, please make sure to reach out to them! Nevertheless, keeping the pressure on ALL Republican Senators is necessary at this time, so please take action, even if your Senator isn’t on the list!

• Dean Heller (R–NV)
• Pat Toomey (R-PA)
• Jeff Flake (R-AZ)
• John McCain (R-AZ)
• Rob Portman (R-OH)
• Dan Sullivan (R-AK)
• Shelley Moore Capito (R-WV)
• Deb Fischer (R-NE)
• John Hoeven (R-ND)
• Herry Moran (R-KS)
• Cory Gardner (R-CO)