March 20, 2020
The Honorable Nancy Pelosi, Speaker
United States House of Representatives
1236 Longworth House Office Building
Washington, D.C. 20515
The Honorable Mitch McConnell, Leader
United States Senate
317 Russell Senate Office Building
Washington, D.C. 20510
The Honorable Kevin McCarthy, Leader
United States House of Representatives
2468 Rayburn House Office Building
Washington, D.C. 20515
The Honorable Charles Schumer, Leader
United States Senate
322 Hart Senate Office Building
Washington, D.C. 20510
Re: Congress Must Protect the Civil Rights of Students with Disabilities
Dear Speaker Pelosi and Leaders McConnell, McCarthy, and Schumer:
The American Council of the Blind and the American Foundation for the Blind actively work to advance educational opportunities for people who are blind or have low vision. We are writing to express our concern with provisions included in the CARES Act, S. 3548, that would allow the Department of Education to waive civil rights protections for students with disabilities, specifically, the Individuals with Disabilities Education Act (IDEA) waiver report provision included in Section 4511(d)(3).
Students who are blind or have low vision must have access to the same education opportunities as every other student and to the specialized services necessary to develop a full range of blindness skills. We are concerned that the COVID-19 outbreak will have a uniquely negative impact on the education of students with visual impairments, including those with additional disabilities, and granting waivers to the civil rights protections within IDEA will only serve to exacerbate the current challenges. Under Section 504 of the Rehabilitation Act, students possess a right to a free and appropriate public education (FAPE); waivers to the law will wear away at the free and appropriate components of students’ education.
Therefore, we do not support the provisions included in Section 4511(d)(3). Congress must ensure that students continue to receive the full rights afforded to them by the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act.
Congress may support schools by further investing in students with disabilities. We urge Congress to uplift our students and give schools the resources they need to provide innovative solutions that meet the needs of all students. Congress may do this by including provisions in the COVID-19 stimulus package that would fully fund the Individuals with Disabilities Education Act.
We deeply appreciate the leadership of Congress in responding to student needs during this pandemic. Should you have any questions or wish to discuss the concerns raised in this letter, please contact Clark Rachfal, Director of Advocacy and Governmental Affairs for the American Council of the Blind, at crachfal@acb.org or (202) 467-5081, and Stacy Cervenka, Director of Public Policy for the American Foundation for the Blind at scervenka@afb.org or (202) 469-6832. Thank you for taking the time to consider these concerns.
Sincerely,
Eric Bridges
American Council of the Blind
Kirk Adams
American Foundation for the Blind
cc: The Honorable Lamar Alexander, Chairman
The Honorable Patty Murray, Ranking Member
The Honorable Steny Hoyer, Leader
The Honorable Bobby Scott, Chairman
The Honorable Virginia Foxx, Ranking Member
