National Council on Disability Releases Recommendations on Individuals with Disabilities Education Act Reauthorization

7/5/2002

From: Mark S. Quigley of the National Council on Disability, 202-272-2004 or 202-272-2074 (TTY)

WASHINGTON, July 5 -- The National Council on Disability (NCD) today weighed in on the congressional reauthorization of the Individuals with Disabilities Education Act (IDEA) with recommendations on monitoring and enforcement, funding, discipline, and overrepresentation.

NCD's report, "Individuals with Disabilities Education Act Reauthorization: Where Do We Really Stand?," provides an examination of public testimony, briefing remarks, and national research highlighted during the current congressional IDEA reauthorization process. The data and information examined is drawn from public comments received in response to NCD's IDEA working paper, information collected by NCD's Youth Advisory Committee, from hearings held by the President's Commission on Excellence in Special Education, committees and subcommittees in the U.S. House of Representatives and U.S. Senate, and the U.S. Commission on Civil Rights, along with publications from the National Academy of Science, the Harvard Civil Rights Law Project, and the General Accounting Office.

According to Marca Bristo, NCD chairperson, "NCD's primary concern about the reauthorization of IDEA is and always will be the nearly six million children and youth with disabilities and their families who should be the beneficiaries of this civil rights law."

"IDEA's basic premise is that all children with disabilities have a federally protected civil right to have a free appropriate education that meets their schooling and related service needs in the least restrictive environment. NCD's recommendations on IDEA will go a long way in that regard," Bristo added.

NCD's recommendations are:

1. Enforcement -- NCD recommends that the Act include instructions to the Department of Education to more carefully review state regulations, and provide instructions and technical assistance in instances where the state rules include unnecessary paperwork requirements or regulations to ensure implementation requirements that adhere to the law without creating unnecessary paperwork.

2. Enforcement -- NCD recommends an expansive role for DOJ. Congress should authorize and fund the Department of Justice to independently investigate and litigate IDEA cases, as well as administer a federal system for handling pattern and practice complaints filed by individuals. NCD also recommends adequate funding for the Department of Justice and the Department of Education enforcement, complaint-handling, and technical assistance infrastructures, enabling the federal agencies to support improvements in state compliance and ensure better outcomes for children.

3. Standards -- NCD recommends that the Departments of Education and Justice be directed to develop national compliance standards, improvement measures, and enforcement sanctions that will be triggered by specific indicators and measures indicating a state's failure to ensure implementation of the law. Stakeholders, including students with disabilities and parents, should be consulted by the Departments for consistency and clarity as they develop and implement a range of enforcement requirements.

4. Technical Assistance Networks -- To fund these Department of Education-sponsored technical assistance programs activities, we recommend IDEA include a formula that triggers additional funding equal to 10 percent of every IDEA, Part B increase. The Department of Education should ensure that this capacity building occurs across-the-board at state and local school district levels as well, to strengthen all accountability connections.

5. Accountability -- NCD recommends the reauthorization of IDEA mandate reporting for all students with disabilities in the state accountability reports and that the IEP be required to address the need for alternate assessments and individualized accommodations. Schools should be carefully monitored on this issue to ensure that students are not being moved to alternative schools to "protect" the school from lowered scores on the school-wide tests.

6. Funding -- NCD joins the voices of concern from individuals with disabilities, their families, and their advocates across the country about inadequate funding for special education. NCD recommends Congress adopt mandatory funding in keeping with the original commitment from the Federal Government to fund 40 percent of the per pupil cost of special education. In this regard, NCD also recommends Congress tie full funding of IDEA to full enforcement of IDEA.

7. Discipline -- NCD recommends that the current discipline requirements be carefully examined and simplified where possible, without eliminating any protections for students with disabilities. No cessation must remain an absolute requirement in the law.

8. Overrepresenation of Diverse Populations in Special Education -- NCD strongly supports recommendations that the overrepresentation issue be tackled head on with early intervention and prevention services in the early years and into general education, funded through Title I and other so designated funds. Additionally, faithful adherence to the law for students determined eligible for services would fix these problems, providing FAPE, LRE, supports and all the other promises of the law.

9.Culturally Appropriate Training Materials -- NCD recommends that the law support the Office of Special Education and Rehabilitative Services in the Department of Education to expand its initiatives to serve non-English speaking groups and/or people with limited English proficiency and create culturally appropriate training materials.

For more information, contact Mark S. Quigley or Martin Gould at 202-272-2004.

Note: NCD is an independent federal agency making recommendations to the President and Congress on disability policy. In 1986, NCD first proposed and then drafted the original Americans with Disabilities Act (ADA). Currently, NCD is coordinating a multi-year study on the implementation and enforcement of ADA, IDEA, and other civil rights laws.