NSBA's Letter to the Senate Education Committee: July 14, 2008

July 14, 2008

The Honorable Edward M. Kennedy
Chairman
Committee on Health, Education, Labor and Pensions
United States Senate
Washington, DC 20505

The Honorable Michael B. Enzi
Ranking Member
Committee on Health, Education, Labor and Pensions
United States Senate
Washington, DC 20505

Re: Committee on Health, Education, Labor and Pensions Round Table Discussion on the Proper Scope of Coverage for the Americans with Disabilities Act: July 15, 2008

Dear Chairman Kennedy and Ranking Member Enzi:

The National School Boards Association (NSBA), representing over 95,000 local school board members through state school board associations across the nation, would like to express our concerns and recommendations as the Committee prepares to address the proper scope and coverage for the Americans with Disabilities Act. As you are aware, the Committee round table discussion is scheduled July 15, 2008.

NSBA fully supports the goals and objectives of the Individuals with Disabilities in Education Act (IDEA), and very much appreciates the support of the United States Senate in the passage of the current law. Additionally, as major employers across the nation, local school boards continue to support the goals and objectives of the current Americans with Disabilities Act. However, with the recent passage of the Americans with Disabilities Act Restoration Act, H.R. 3195, by the United States House of Representative on June 25, 2008, local school boards are concerned that the Senate may not fully appreciate the potential impact of such changes for local school districts.

NSBA is concerned that the broader definitions and expansion of coverage contained in the House bill could create operational problems for local school districts. We are particularly concerned regarding the use of such terms as “mitigating measures” and “material restrictions,” and their unintended consequences in changing hiring standards by which local school districts must operate. We believe that there could be increased workload and costs regarding the administrative processes related to evaluations and in determining appropriate accommodations. Further, we believe that the language of H.R. 3195 could have devastating and costly consequences for local school districts as it relates to increased litigation in attempting to build case law.

We would like to be able to define specifically the extent of such adverse impact, but we have had little time to gather such data. Therefore, we respectfully request that you postpone Committee markup until such time as local school boards and Congress have an opportunity to fully assess the consequences of any proposed provisions on local school district operations.

As you are aware, the legislative process for passage of H.R. 3195 moved rather quickly from the announcement of the House Committee markup through full House passage, giving those of us in the education community little time to conduct a credible analysis. Therefore, we encourage you and your colleagues not to move too quickly, and to provide ample time for NSBA and others in the elementary and secondary education community to develop the kind of data necessary for the Senate to make a much more informed decision.

Questions regarding our positions and request should be directed to Reginald M. Felton, director of federal relations at 703-838-6782.

Sincerely,

Michael A. Resnick
Associate Director

Cc: Members, Senate Committee on Health, Education, Labor and Pensions