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Supreme Court Nominee Sotomayor Prepares For Meetings With Key Senators
Supreme Court nominee Judge Sonia Sotomayor is scheduled to meet with key senators today as Republican leaders indicate that they will try to slow her confirmation process over the summer, the Washington Post reports. Sotomayor, in preparation for her meetings, has been working with White House lawyers to complete a 10-page Senate questionnaire, which aims to reveal details of her legal work, professional associations, personal finances, speeches, and legal and other writings. White House officials said the document will be finished "in the next couple of days." Senate Majority Leader Harry Reid (D-Nev.) said that he will provide Sotomayor"s background information to Republicans "as quickly as possible," adding that he "want[s] to make sure she"s ready to go" when the next Supreme Court term begins in October. Sotomayor is scheduled to meet today with Reid, Senate Minority Leader Mitch McConnell (R-Ky.), Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) and the panel"s ranking member, Jeff Sessions (R-Ala.). She also is scheduled to meet with Sens. Jon Kyl (R-Ariz.), Richard Durbin (D-Ill.), and New York Democrats Charles Schumer and Kirsten Gillibrand, the Post reports.While Sotomayor prepares for her meetings, Republican leaders indicated that they will try to impede President Obama"s push to confirm her before the Senate leaves for summer recess on Aug. 7. McConnell said that the GOP will determine its own schedule regarding Sotomayor"s confirmation, adding that although the GOP will "insist that the confirmation process be conducted in a fair and professional manner, ... respectful doesn"t mean rushed." Senior Senate aides from both parties said that a deal to expedite the confirmation process is unlikely, despite informal negotiations between Sessions and Leahy (Fletcher/Murray, Washington Post, 6/2). Sessions said it would be his "preference" for a confirmation after the August recess but before October. He added that there are "some things that have been raised that we need to explore" and that Sotomayor "deserves an opportunity to deal with the complaints against her" (Rushing, The Hill, 6/1).Conservative Groups Push for Filibuster According to the New York Times "The Caucus," a coalition of conservative groups recently sent a letter to McConnell urging Republicans to filibuster Sotomayor"s confirmation. The letter, which was obtained by the Times, is signed by a range of conservative groups, including antiabortion-rights groups, gun-rights advocates, evangelical leaders and others. Manuel Miranda, a former judicial adviser to former Senate Majority Leader Bill Frist (R-Tenn.), organized the letter. Although Miranda has criticized Democratic filibusters in the past, he said that a Republican filibuster of Sotomayor would help the GOP promote its differences with the Democratic Party on judicial philosophy and the role of the courts. However, Senate Republican leaders thus far have shown little interest in a filibuster, according to the "The Caucus" (Savage, "The Caucus," New York Times, 6/1). The Post reports that the GOP likely does not have enough votes to block Sotomayor"s confirmation with a filibuster, but Republicans could be able to slow the process until September. In this case, Sotomayor still would be able to take her place on the bench when the court reconvenes Oct. 1 (Washington Post, 6/2).The AP/USA Today reports that Republicans are taking a "two-sided strategy" in which they are urging for a respectful debate against Sotomayor while still allowing conservative commentators -- such as Rush Limbaugh and former House Speaker Newt Gingrich (R-Ga.) -- to criticize her, the AP/USA Today reports. By allowing the political attacks from commentators, Republicans who are facing re-election "can avoid potential backlash if they derail a historic nomination," the AP/USA Today reports (AP/USA Today, 6/1).
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Many Children Held Back In Elementary School Do Not Receive Plan For Special Education Services

Many children who are retained in kindergarten, first or third grade for academic reasons do not subsequently receive a document outlining the individualized special education services they should receive, according to a report in the June issue of Archives of Pediatrics & Adolescent Medicine, one of the JAMA/Archives journals. Each year, 5 percent to 10 percent of American students are retained at the same grade level, according to background information in the article. One in 10 students age 16 to 19 have repeated a grade. "Some of these students may require special education services at the time they are retained, in subsequent years or both," the authors write. "One approach to supporting a child with low academic achievement is the provision of special education services, as indicated in an Individualized Education Program (IEP). An IEP is a legally binding document describing a child"s special education services and is developed after the child has undergone a special evaluation and has been determined eligible for services." Eligibility for an IEP varies from state to state, but under the Individuals With Disabilities Education Act, every American child has the right to an evaluation. Michael Silverstein, M.D., M.P.H., of Boston Medical Center, and colleagues studied 380 children nationwide who were retained in elementary school for academic reasons (300 in kindergarten or first grade and 80 in third grade). The children were followed up through fifth grade. Of the children retained in kindergarten or first grade, 40 (12.9 percent) had an IEP on record during the year they were held back, 60 (18.2 percent) received an IEP in the next one to five years and 210 (68.9 percent) never received an IEP. Twenty (18.9 percent) of the third-graders had an IEP during or before the year they were retained, 10 (8.8 percent) received one in the next one to two years and 60 (72.3 percent) never received one. Children retained in kindergarten and first grade were less likely to have an IEP if they had a high socioeconomic status or lived in the suburbs rather than rural areas. "Among kindergarten/first grade retainees with persistently low academic achievement in math and reading, as assessed by standardized testing, 38.2 percent and 29.7 percent, respectively, never received an IEP," the authors write. "Although debates about the value of grade retention abound, the practice, in and of itself, has never been demonstrated to be an effective intervention relative to subsequent academic achievement or socioemotional adjustment," the authors write. "Therefore, some experts in the field believe that retention should be accompanied by focused individualized assessments of children"s special education needs. Although our results do not definitely demonstrate that retained children have been denied their rights to such assessments, they raise the question of whether the potential special education needs of retained children, particularly those who demonstrate persistent academic difficulties, are being addressed consistently." Arch Pediatr Adolesc Med. 2009;163[6]:547-553. Archives of Pediatrics & Adolescent Medicine


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