Legislation introduced to protect educationl rights of students with disabilities

Feb 19, 2010 — Dover Post

Dover, Del. -

State lawmakers unveiled proposed legislation Thursday, Feb. 18 that would protect the educational rights of public school students with disabilities. The legislation, which would prohibit schools and schooldistricts from using an artificially low standard in assessing the needs ofstudents with disabilities.

The legislation will bar schools and school districts from providing students with disabilities with educational services that are the "functional equivalent of a serviceable Chevrolet," ­ the actual legal standard that some districts now use, as opposed to a "Cadillac-style education." The bill would require them instead to provide educational services that offer a real educational benefit to those students.

Lt. Gov. Matthew Denn, State Rep. Quinton Johnson IV (D-Middletown) and State Sen. David Sokola (D-Newark North) unveiled the legislation at a joint press conference.

"It is completely unacceptable for us to tell the parents of most children that we want their kids to have the best public school education in America, while telling the parents of students with disabilities that their kids will receive the educational 'equivalent of a serviceable Chevrolet,'" Denn said. "We have a legal and a moral obligation to these children to provide them with a meaningful education, and this bill is a first step to making sure that happens."

Johnson, the bill¹s sponsor, said that all children deserve a world-class education that will enable them to excel in a global economy, including students with special needs. However, some students have not been given the same opportunities and resources they need

to succeed.

"This legislation would change the standard that has been followed -- Sixth Circuit Court of Appeals case law -- to the appropriate case law from the Third Circuit of Appeals, which has jurisdiction over Delaware," Johnson said. "We must raise the bar of standards for these children ... ensuring that more students with special needs will graduate and will be productive, taxpaying citizens of our society."

This bill would work against the "double standards in education that leave

the handicapped at a disadvantage," Sokola, the bill's sponsor in the Senate, said.

the bill¹s Senate sponsor.

³The Governor¹s Advisory Council for Exceptional Citizens, the State Council for Persons with Disabilities and State Secretary of Education Lillian Lowery praised the legislation.

"The legislation being spearheaded by the lieutenant governor will facilitate a statewide legal review and discussion as to the fidelity with which Delawareans will ensure that a free and appropriate public education is suitably implemented in our schools," Lowery said. "The Delaware Department of Education is looking forward to being a part of the vetting process."