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News Release
NCD #00-283
January 25, 2000
Contact: Mark S. Quigley
202-272-2004
202-272-2074 TTY
mquigley@ncd.gov
Federal Government Fails to Address Widespread
Noncompliance with Civil Rights Law for Children with Disabilities,
National Council on Disability Report Finds
WASHINGTON--The National Council on Disability's (NCD)
evaluation of nearly two and a half decades of federal enforcement
of the Individuals with Disabilities Education Act found every state
and the District of Columbia out of compliance with IDEA requirements
to some degree. NCD chairperson Marca Bristo noted that, "This study
confirms what children with disabilities have repeatedly told NCD
that noncompliance has persisted in some states over many years,
placing enormous burdens on children and families."
The National Council on Disability released its report
on enforcement and implementation of IDEA in its report, Back
to School on Civil Rights, at a news conference held in
Washington, D.C. In addition to noncompliance by every state, NCD
found that:
- Too many parents of children with disabilities
continue to spend endless resources in confronting obstacles to
their child's basic right to have available to them an appropriate
education, often at the expense of their personal lives, their
financial livelihoods and their careers; and
- The Department of Education, under Secretary Riley,
has been more effective in using sanctions than in previous Administrations.
However, the Department of Education has made limited use of sanctions
such as withholding funds and in making referrals to the Department
of Justice. More needs to be done.
NCD chairperson Marca Bristo stressed that NCD's evaluation
of enforcement and implementation of IDEA, "spanned several administrations:
Clinton, Bush, Reagan, Carter, and Ford." Bristo thanked Education
Secretary Riley for, "his efforts to improve enforcement of IDEA,
an important civil rights law that directly affects children with
disabilities."
NCD member Lilliam Rangel-Diaz added that NCD's paramount
concern in assessing state performance and Federal Government enforcement
efforts, "was, 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."
NCD vice chair Hughey Walker said, "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."
Judge Walker added, "Many of us who fought in the civil rights movement
know that separate is not equal. What has been happening for the
last 25 years to children under IDEA is unfair. We must now use
the strong arm of the Federal Government to crack down on these
injustices."
According to Andrew J. Imparato, president and CEO
of the American Association of People with Disabilities, "This report
is a call to action for the President, Congress, and the education
and disability communities. Children with disabilities cannot count
on equal access to public education because the Federal Government
has not acted to enforce their civil rights even in the face of
widespread and persistent noncompliance. This cannot continue."
In addition to calling for improved enforcement of
IDEA, Back to School on Civil Rights recommends that:
- The Departments of Education and Justice develop
national compliance standards, improvement measures, and enforcement
action triggers, with input from stakeholders including students
with disabilities and parents, for consistency and clarity in
the IDEA enforcement process.
- Congress authorize more funding for Department
of Education-sponsored technical assistance programs to support
the development of state-level technical assistance networks,
self-advocacy and monitoring training for students and parents,
as well as free and low-cost legal services for families.
- Congress 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.
- Congress and the President appropriate the necessary
funds for enforcement and technical assistance.
Back to School on Civil Rights is the second
in NCD's "Unequal Protection Under Law" series of independent analyses
of federal civil rights enforcement for Americans with disabilities.
The report offers recommendations to the President and Congress
for how IDEA can be better enforced.
NCD is an independent federal agency charged with
advising the President and Congress on public policy affecting people
with disabilities. It is currently coordinating a multi-year study
on the implementation and enforcement of the Americans with Disabilities
Act and other civil rights laws.
For more information, contact Mark S. Quigley at 202-272-2004
or visit NCD's award-winning Web site (http://www.ncd.gov).
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