October 22, 2004

 

Dear Members of the Senate and House Conference Committee on H.R.1350,

 

As members of the Consortium for Citizens with Disabilities (CCD) Child Abuse Prevention Task Force, we want to thank you for your leadership in forging improvements to ensure that children in the child welfare system are identified and appropriately served under the Individuals with Disabilities Education Act (IDEA).  CCD is a coalition of approximately 100 national disability organizations working together to advocate for national public policy that ensures the self determination, independence, empowerment, integration and inclusion of children and adults with disabilities in all aspects of society. 

 

As you consider final legislation to reauthorize the IDEA, the CCD Child Abuse Prevention Task Force urges you to include the so-called “Murray/DeWine/Feingold amendment” (see text of amendment attached) that was passed on the Senate floor during consideration of S. 1248.  The increased prevalence of disability among children in the child welfare system has been extensively documented.  This amendment would add protections and improve educational outcomes for children with disabilities in the child welfare system, those who are homeless, and children in military families. 

 

Children in the public welfare system are a uniquely disadvantaged group.  Many live in poverty with families devastated by substance abuse, mental health disorders, poor education, unemployment, violence, lack of parenting skills, and involvement with the criminal justice system.  Studies profiling the health status of children entering foster care demonstrate high rates of acute and chronic medical problems, developmental delays, educational disorders and behavioral health problems.  Children who are homeless are almost four times as likely to experience a disability as those that are in stable home environments.  Approximately 22 percent of maltreated children have learning disorders requiring special education. Unfortunately, many of these children are also underserved by special education programs.  This amendment would help to ensure that children with disabilities do not fall through the cracks of the educational system.

 

The Task Force also fully supports and thanks you for inserting the new requirement under Sec. 637 State Application and Assurances in both of the House and Senate bills that requires states to provide a description of the State policies and procedures for the referral of a child under the age 3 who is involved in a substantiated case of child abuse or neglect for early intervention services under Part C.  The Task Force recommends support for the House bill that states “referral for Part C” instead of the Senate bill that states “referral for evaluation.”  This new requirement brings IDEA in line with the amendment made to the Child Abuse Protection and Treatment Act (CAPTA) for states to refer children who are found to be abused or neglected for possible evaluation under Part C.  Please ensure that this requirement is maintained in a final bill to reauthorize IDEA.

 

Thank you for considering the views of the CCD Child Abuse Prevention Task Force, including our strong desire for inclusion of the Murray/DeWine/Feingold amendment in the final conference bill. 

 

For more information about the nexus between abuse and neglect, disabilities and education, please contact Kim Musheno, Chair, CCD Child Abuse Prevention Task Force at 301-588-8252.

 

Sincerely,

 

Kim Musheno

Chair

CCD Child Abuse Prevention Task Force