New Braunfels Herald Zeitung (Newspaper) - August 28, 1980, New Braunfels, Texas
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Vol. 89 - No. 49 24 Pages — 2 Sections (USPS 377-880)
New Braunfels. Texas
Laws have brought about a revolution
By HENRY KRAUSSE Staff writer
.dealing with cases district responsibility
Because of federal laws and recent court cases dealing with the handicapped, school districts are on “the cutting edge of a real revolution” in redefining what education means in this country, teachers here were told.
In a lecture Wednesday to 230 teachers and staff of the New Braunfels Independent School District, Jim Walsh, a legal adviser to District XIII school districts through the Educational Service Center in Austin, outlined legal issues in special education and got his audience to participate in an actual case.
The Education for All Handicapped Children Act of 1975 and an earlier law popularly known as “Section 504“ prohibiting discrimination on the basis of handicap has caused this revolution, Walsh indicated.
“Because of these laws, we need to change our idea of what education is. Ifs no longer confined to the Three Its.’ Sometimes ifs how to hold a spoon, how to go to the bathroom,” he said.
Nothing in the U.S. Constitution gives Congress authority over education, but it does control how federal money is spent. In order to qualify for these funds, the individual states have had to produce a plan detailing how the handicapped will be educated.
"Texas has adopted such a plan and the government has approved it.” Walsh said. “The State Board of Education’s Policies and Procedures is a big, thick book. It's specific and detailed. It defines what a ‘handicap’ is, and it has the force of law. It’s not just some guidelines the TEA (Texas Education Administration) threw together."
The goal of the law is to "mainstream” children with special problems into regular classrooms.
If they can make it, that’s where we’ll put them. But since emotionally disturbed children are likely to take up more of your time, to bt' the most disruptive, the law provides for placement in a more restrictive environment, where they’ll be able to get an education without disturbing the whole school building.”
Placement of a handicapped student is made by an entity known as the Admission Review and Dismissal Committee (ARD), which includes teachers, parents, psychologists and others who are responsible for coming up with an Individual Education Plan < IEP) for the child.
“The IEP is more or less a contract that spells out the goals for the kid. They can change his placement, and can move him out of the regular classroom if it’s judged necessary."
The ARD committee is also responsible for discipline. Federal court cases have ruled that suspension by the teacher can occur.
but only after the committee has determined there is no connection between the handicap and the behavior.
“If the kid has a hearing impairment and he goes out and slashes all the tires on the school bus, the committee may well decide to discipline or suspend him.
“If they rule there is a connection, then to punish the kid would be discriminatory under the law. That doesn’t mean there’s nothing you can do." he said.
“If the regular teacher is tearing her hair out, if she can’t follow the lesson plan because she’s spending 75 percent of her time dealing with little Johnny Jones and his problems, then the committee can place him elsewhere.”
But it is still the responsibility of the school district to provide that “elsewhere.” And as Walsh pointed out, it’s extremely difficult to draw the line “where the handicap ends and where the general obnoxiousness begins."
The definition of a “handicapped” child includes physical impairments, mental retardation, emotional disturbances, and hearing, speech or vision disabilities. Just about anything, in fact, tliat causes a learning disability is included, including pregnancy, and the school districts are responsible for identifying the handicapped children. They can bt* held liable if theySee SPECIAL EDUCATION, Page IGACarter proposes *27.5 billion '81 tax cut
WASHINGTON (AP) - President Carter today proposed $27.5 billion in 1981 tax cuts for individuals and businesses as part of an election-year economic program that also aims to create I million new jobs in the next two years.
The president also requested congressional authority to spend an additional $3.6 billion in 1981 to retrain workers, weatherize homes, maintain highways, build ports, boost research and development and help economically distressed counties and cities.
In addition, he urged Congress to rapidly extend unemployment benefits by 13 weeks to
help workers laid off by the recession. Benefits currently expire after 39 weeks. This would cost $1.35 billion over two years.
The president officially announced the program in a White House address to an invited audience of representatives of business, labor, consumer and environmental groups and members of Congress.
Treasury Secretary G. William Miller told a news briefing earlier that all of the tax initiatives and virtually all of the spending proposals would not be proposed as legislation until January. The tax reductions would go into effect Jan. I,
retroactively if necessary.
“All of these things will contribute to reinforcing the recovery, but it’s not a stimulus package," Miller said.
The wide-ranging package would increase the proposed federal deficit by from $8 billion to $10 billion in the fiscal year that begins (X't. I, bringing the projected budget shortage to nearly $40 billion. Only five months ago, Carter was championing a balanced budget as the key to his economic policy.
Despite the enlarged deficit, Miller insisted the package is not inflationary because its initiatives
will spur investment, boost productivity and put people back to work over the next five years.
“lf the administration had indicated to people that come hell or high water we’ll have a balanced budget, then we sent bad signals,” Miller said. “Our signal was to fight inflation."
Beyond economics, Carter's thrust has political import. It is seen as his answer to a $37 billion tax cut plan proposed earlier by his Republican rival for president, Ronald Reagan.
Reagan, however, wants the tax cut enacted immediately and the Senate Finance Committee already has approved a bill that would reduce
taxes next year by about $39 billion.
Carter’s proposed tax cuts will benefit business slightly more than individuals.
Specifically, the president proposed tax credits or refunds for employers and tax credits for individuals to completely offset the $13 billion increase in Social Security payroll taxes that take effect Jan. I. The tax change will not affect Social Security payments, Miller emphasized.
This offset would last through 1982 and cost the Treasury $12.8 billion in the first year and $14«5 billion in the second.Free trade unions still key point
GDANSK, Poland (AP) — Polish strike leader Lech Walesa appealed today for a temporary halt to the spread of the strikes to give the communist government time to settle the labor crisis.
“It is not good to have Poland terrorized," Walesa said. “The people must have food. If we don’t get results in three to four days, then let the strikes
He said he would go on state radio and television to make his appeal.
Walesa, chairman of the Gdansk area Joint Strike Committee, made the announcement at the request of government negotiators in an emotional speech while perched atop a gate at Gdansk’s Ix;nin Shipyards, the unofficial strike headquarters.
Dissident sources earlier reported that the work stoppages were continuing to spread beyond the Baltic seaport cities where they began Aug. 14.
According to the communist regime’s top negotiator, the government has agreed to most of the strikers’ demands, but progress has yet to be made on the key question of free trade unions.
A recorded message by Deputy Premier Mieczyslaw Jagielski, who has been trying to end the walkout, did not elaborate on the government concessions. It was broadcast by Gdansk radio after Andrzej Gwiazda, one of the strikers’ negotiators, told reporters, “There is general agreement between strikers and the government on forming free and independent trade unions."
Records indicate doctor gave Nelson prescription
TYLER (AP) — An “inmate” doctor involved in a flap over a Willie Nelson concert once illegally dispensed drug prescriptions to Nelson and his celebrity friends, records show.
John Marcus Young, 41, an Athens radiologist, provided a wide variety of prescription pills to Nelson, his wife and several other country and western singers.
The popular physican quietly pleaded guilty to unlawful possession and dispensing “narcotic controlled substances” and was sentenced last January to three years in federal prison.
Sent to a minimum security facility in Big Spring, Young has become embroiled in a controversy swirling around a Nelson benefit scheduled there Sunday night.
Among the recipients of Young’s prescriptions were country and western singers Waylon Jennings, Johnny Rodriguez and Sammi Smith, rock singer Steve Fromholz and Playboy Playmate Kelli Murphy.
A substantial portion of Young’s medical records, including the reports of investigating officers, were obtained by The Associated Press and the Ixingview Morning Journal.
The semi-secret documents indicated also that Priscilla Davis, wife of millionaire Fort Worth industrialist Cullen Davis, obtained 3,200 Percodan pills over a four-month period in 1978.
The prescribed dosage for Percodan, a narcotic painkiller, is one every six hours.
Sources within the U.S. attorney’s
office here confirmed the validity of the documents but refused a newsman’s request to examine the federal files.
To do so, the source said, could trigger the wrath of U S. District Judge William Wayne Justice, the tough, highly respected "I-iw East of the Trinity .”
I .ast January, in an emotional appeal to escape prison. Young told Justice:
“I realize I’ve erred. I’m sorry I did it.
I just ask forgiveness. It was not done maliciously or for personal gam.”
Said Justice: “Your friends believe in you. I’m not certain that some of the people who had written me would have done so if they had known all that was in this report.”
Big Spring residents tippet about concert and doctor’s role, but prison official denies doctor is doing anything wrong.
Justice did not order the records sealed but federal, state and local officials said he preferred that they remain secret.
The judge denied Young’s appeal for leniency.
“Prisons can’t be reserved for the poor, the uneducated or persons without standing in the community,” he said. “In instances where it is merited, the rich, powerful, professional and others in positions of prestige must also withstand imprisonment."
Justice sent the once-bearded doctor to the federal minimum security camp
in West Texas, where he played a key role in luring Nelson to Big Spring for Sunday night’s concert.
The performance, ticketed for the high school football stadium, has much of the local citizenry up in arms
John Allman, superintendent of the federal camp, confirmed that Young contacted Nelson about the benefit and was probably responsible for his acceptance.
“But Mr. Young is not running the show,” he insisted. “He is not making any money out of it He is merely advising civilian Junior Chamber of Commerce members of things that need to be done.”
He also insisted there is nothing irregular about Young working outside the prison.
“Permitting inmates to go into the community and work on such benefits is a good thing,” he said.
Allman said he is aware “there’s people upset” but “I hate to ruin a good cause because somebody has a personal feeling about an inmate.”
He said he also was aware of the narcotic link between Young and Nelson and others, but perhaps not to the full extent.
The documents show Nelson and wife, Connie, obtained a wide variety of amphetamines, barbiturates, sedatives, diet pills and painkillers between 1975 and 1979.
Jennings and his wife, Menan, likewise got hundreds of prescription
See RECORDS, Page IGA
A Lands Park squirrel has meal in mouth
shifts residence to Wexford
MIDDIiEBURG, Va. (AP) - Ronald Reagan moves today from the adobe splendor of his California ranch to the elite hound-and-fox country of old Virginia, hoping it is only a way station en route to the White House.
He will spend his first night tonight in a newly rented country home on Rattlesnake Ridge, a house built for John F.
Kennedy when he was president. Reagan’s neighbor is fellow film star Elizabeth Taylor Warner.
Aides at Reagan’s national campaign headquarters, some 50 miles away in the Washington suburb of Arlington, Va., said no special welcome was planned for the Republican presidential candidate, who will make the house his East Coast
base until the election.
Sen. John Warner, Elizabeth’s husband, may drop by to say howdy, an aide said, but that’s just about all. The Warners own the 1,206-acre Atoka Farm estate that adjoins Wexford, as the Reagan residence is known.
Jacqueline Kennedy Onassis, as first lady, designed the four-bedroom house,
situated on 46 acres in Virginia's horse country. She wanted it as a retreat for Kennedy and their two children The house was built to her specifications, but Mrs Kennedy never visited it while it was being built. But Mrs. Reagan looked it over before leasing it from its current owner, Texas Gov. Bill Clements.
Wexford was completed in March 1963, but Kennedy spent only a few weekends there before his assassination in November.
Most rooms in the house face west to catch the sunset and a glimpse of the Blue Ridge Mountains in the distance. The home, atop a bluff, will give the Reagans privacy they cherish.