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Congressional Record—Senate S11776

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Congressional Record—Senate S11776 S11776 CONGRESSIONAL RECORD — SENATE November 20, 2004 INDIVIDUALS WITH DISABILITIES children are not punished for behavior eral, DOD–IG, to conduct an independent as- EDUCATION ACT caused by their disability, and con- sessment. However, I believe that the DOD– IG assessment should go further than the re- Mr. KOHL. Mr. President, I express tinuing services if a child is placed in an alternative setting. I know that view described ion your letter of December 1, my support for the Individuals with 2003. The DOD–IG inquiry should pursue the Disabilities Education Act conference some parents are worried about these trail of evidence wherever it leads, in accord- report that passed the Senate yester- revised discipline provisions and would ance with standard IG procedures. This in- day. It is not a perfect bill, but I be- prefer current law. I agree that we quiry should examine the actions of all lieve it represents a fair balance of the must continue to monitor these provi- members of the Department of Defense and concerns of schools and parents of chil- sions carefully to ensure they are im- the Department of the Air Force, both mili- dren with disabilities. Above all, it up- plemented fairly and with the best in- tary and civilian, top to bottom, who partici- terests of disabled children in mind. pated in structuring and negotiating the pro- holds the rights of all children with posed tanker lease contract which was sub- disabilities to a free, appropriate edu- Despite these positive features, I am very disappointed that this bill does mitted to the Congress in July 2003. cation in our public schools. It prom- Your recent actions clearly indicate that ises them access to a high quality edu- not move us any closer to fully funding there are many outstanding questions that cation to help them succeed and live IDEA. When IDEA was first enacted in must be answered before proceeding with productive lives. And it includes strong 1975, Congress made a commitment to this program. I expect that you will consult monitoring and enforcement provisions fund 40 percent of the costs, in recogni- further with the Congress as you receive the to ensure that that promise is kept. tion of the added expenses schools report of the DOD–IG and that no actions The bill includes several improve- would incur in serving disabled stu- will be taken with respect to the lease and dents. Today, the Federal Government purchase of KC–767 tanker aircraft until the ments over current law that will help Congress has had an opportunity to review secure the rights of children with dis- is funding IDEA at the highest levels since it was created—but sadly, that the DOD–IG report. Ultimately, this pro- abilities and uphold the rights of par- gram, as restructured, must be executed in a ents advocating for their children. funding only covers approximately 19 manner that is fully consistent with Section First, it holds schools accountable for percent of the costs. I have cosponsored 135 of the National Defense Authorization educating disabled students by giving and supported legislation that would Act for Fiscal Year 2004 (Public Law 108–136). the Secretary of Education the tools to require mandatory full funding for With kind regards, I am monitor how well States and schools IDEA, and as a member of the Appro- Sincerely, priations Committee, I will continue to JOHN WARNER, are complying with the law and sanc- Chairman. tioning those that fail to serve disabled fight for full funding of IDEA. It is past students. It provides flexibility and re- time for the Federal Government to U.S. SENATE, sources for early intervention and pre- live up to its obligations. COMMITTEE ON ARMED SERVICES, school services for younger children, The conference report is not a perfect Washington, DC, Nov. 19, 2004. and promotes transition services for bill. Clearly, there are provisions that Hon. DONALD H. RUMSFELD, older students in order to prepare for will trouble both sides—both the edu- Secretary of Defense, their post-school years. It preserves cational community and the families Washington, DC. of disabled children. But on balance, I DEAR MR. SECRETARY: On December 2, 2003, the Individualized Education Programs Chairman Warner wrote to Deputy Secretary to ensure that parents have quarterly think the bill represents a real com- Wolfowitz to request that the Department of reports of their child’s progress and promise and has great potential to lead Defense Inspector General (DOD IG) conduct short-term objectives for those with to improved educational services for a thorough investigation of the KC–767A the most severe disabilities. It provides children with disabilities. It attempts tanker aircraft program. According to Chair- for more teacher training and strength- to create a balanced approach that rec- man Warner’s letter ‘‘this inquiry should ex- ens teacher quality requirements so ognizes the challenges faced by teach- amine the actions of all members of the De- that students are taught by highly ers and schools, while still ensuring partment of Defense (DOD) and the Depart- that all children with disabilities have ment of the Air Force, both military and ci- qualified teachers. It also adds options vilian, top to bottom, who participated in for parents and schools to work to- access to the highest quality edu- structuring and negotiating the proposed gether to resolve disputes, but pre- cation. I will continue to work to fully tanker lease contract which was submitted serves the right to due process if a fund its provisions so that the promises to the Congress in July 2003.’’ A copy of that school is out of compliance. it makes will become a reality. This letter is attached. At the same time, this bill also re- bill is worthy of the Senate’s support It was our understanding that the re- sponds to many of the concerns raised and I urge my colleagues to vote for it. quested DOD IG review would assess not only by schools and teachers. It provides re- individual responsibility for any allegations f of criminal violations of law; but, equally lief from unnecessary and burdensome BOEING 767 TANKER LEASE important, individual accountability for paperwork so that teachers can focus management decisions and executive over- Mr. MCCAIN. Mr. President, yesterday their attention on educational services. sight. In essence, the Senate Committee on It provides more opportunities to re- I spoke on the Senate floor regarding Armed Services, in order to conduct its nec- solve conflicts and disagreements other the investigation into the Air Force essary legislative oversight of the Depart- than through costly and acrimonious proposal to acquire Boeing 767 aerial ment of Defense, needs to know what hap- litigation. And it provides more re- refueling tankers. During my 45 minute pened, who was accountable and what ac- sources for professional development so remarks, I had made reference to cer- tions must be taken to prevent this situation from happening again. teachers are equipped to deal with the tain letters, press articles and e-mails I ask unanimous consent that that ma- It is astonishing to us that one individual often complex but critical needs of stu- could have so freely perpetrated, for such an dents with disabilities. terial at a cost of $3,200.00 be printed in extended period, this unprecedented series of This bill also addresses the serious the RECORD of today’s proceedings. fraudulent decisions and other actions that issue of discipline—an issue that has U.S. SENATE, were not in the best interest of the Depart- caused many concerns over the years COMMITTEE ON ARMED SERVICES, ment of Defense. by both education officials and parents Washington, DC, Dec. 2, 2003. We recently found out that no such mana- of children with disabilities. The bill Hon. PAUL WOLFOWITZ, gerial accountability review has been under- Deputy Secretary of Defense, taken by the DOD IG. Rather, the DOD IG includes a bipartisan compromise that Washington, DC. limited his review to determining whether clarifies and strengthens discipline DEAR SECRETARY WOLFOWITZ: I commend there was evidence to press criminal charges. provisions so that schools can remove the Secretary of Defense and yourself for the We are deeply concerned by this develop- children who pose a serious danger to prompt actions you have taken regarding the ment. Given the Chairman’s letter, why was themselves or others to an alternative Air Force’s tanker aircraft program, in light a decision made not to do this work? setting, while ensuring that those chil- of recent extraordinary personnel actions Congressional oversight of the proposed dren continue to receive services. At taken by the Boeing Company. Your decision contract to lease 100 KC–767A tanker air- craft, a contract which is now prohibited by the same time, this compromise pro- to require a ‘‘pause’’ in the execution of any contracts to lease and purchase tanker air- section 133 of the National Defense Author- tects the rights of disabled children in craft is a prudent management step. ization Act for Fiscal Year 2005, uncovered disciplinary action by preserving the Further, I concur in your judgment to task the most significant defense procurement manifestation determination so that the Department of Defense Inspector Gen- scandal since the Ill Wind bribery and fraud VerDate Aug 04 2004 03:52 Nov 22, 2004 Jkt 039060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.172 S20PT1 November 20, 2004 CONGRESSIONAL RECORD — SENATE S11777 cases of the 1980s. It is imperative that the aerial refueling mission. That a Navy man Lockheed and Boeing officials could not be Department take actions to hold those re- would back an Air Force program is what reached for comment.
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