Protect federal protections for special education students
Protect federal protections for special education students
Why this petition matters
At this time, the Individuals with Disabilities Education Act (IDEA) remains fully enforceable, but Congress has asked U.S. Department of Education Secretary Betsy DeVos to advise it of any waivers of the IDEA she believes are necessary in light of the number of special education students currently in quarantine and unable to access their classrooms.
To be clear, every quarantined special education student is experiencing violations of federal law as their Individualized Educational Programs (IEPs) are not being implemented as written. The solution is not to waive their civil rights, but to find creative ways to honor them.
In 2018, Secretary DeVos instructed her department's Office of Civil Rights to stop investigating civil rights complaints, including Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA). It took a lawsuit in federal court that wasn't settled until February 2020 to see the situation resolved.
Given Secretary DeVos' past attempts to undermine the civil rights protections of students with disabilities, and the fact that Congress is now asking her if any waiver of the civil rights protections offered to students under the IDEA are necessary because of the quarantines, there is grave cause for concern that she and those who share her views will seize this as an opportunity to strip protections out of the IDEA.
There is no legitimate reason to waive any part of the IDEA. These children require creative problem-solving, not the responsible adults in their lives using a pandemic as an excuse to absolve themselves of their responsibilities to these children. Your signature on this petition will ask Congress not to waive any part of the IDEA.
Decision Makers
- Bobby Scott, ChairpersonUnited States Congress Education & Labor Committee
- Lamar AlexanderUS Senate - Tennessee