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Remarks of Martin Gould on the Individuals with Disabilities Education Act Good morning. Congresswoman Morella, Congressman Langevin, Congressman Ramstad, Congressman Owens, and distinguished members of the Bipartisan Disability Caucus, thank you very much for inviting me to participate in this briefing. I'm Martin Gould, the Senior Research Specialist for the National Council on Disability (NCD). NCD is an independent federal agency making recommendations to the President and Congress on issues affecting Americans with disabilities. NCD is charged by Congress with monitoring federal statutes and programs pertaining to people with disabilities, and assessing their effectiveness in meeting their needs. NCD's mission is to provide a voice in the Federal government and to Congress for all people with disabilities in the development of policies and delivery of programs that affect their lives. One of those areas involves public education. Federal Special Education In 1975, when Congress enacted the federal special education law--now known as the Individuals with Disabilities Education Act IDEA--it found that the educational needs of more than 8,000,000 children with disabilities were not being met. In 1975, Congress crafted a statute designed to produce quality outcomes for students, while providing a system of checks and balances for school systems. The U.S. Code defines special education as "specially designed instruction" to meet the "unique needs" of students; each IEP should set forth a student's unique needs and individually designed instruction; and, each placement is to be based on the student's IEP and no more restrictive than necessary. If IEPs are based on the unique needs of students, if instruction is individually designed, if IEPs are faithfully implemented, and if the LRE requirements are followed, students will likely achieve valued outcomes while enjoying maximum interactions with their nondisabled peers. Compliance with, and enforcement of, these IDEA requirements is a necessary condition for student outcomes, as well as reasonable and efficient use of scarce school system resources. IDEA is due for reauthorization this year. Some of the key policy issues and provisions of the law that are likely to be taken up: monitoring and enforcement; full funding; discipline; and, eligibility and over-representation of students from culturally diverse backgrounds. Current Status How well is IDEA working? During the course of five studies on the IDEA, from 1989 to 2000, NCD consistently learned that parents of children with disabilities are enthusiastic supporters of the law.i They think it's a good law. They also told us there is room for improvement on the basics. In the more than 25 years since its enactment, IDEA implementation has produced improvements in the quality and effectiveness of the public education received by millions of American children with disabilities. National data show that about 27% of students who receive special education graduate with diplomas, compared to 75% of their peers in general education (NCES, 2000; DoED, 1999). About 27% of students with IEPs who complete high school enroll in post-secondary education compared to 68% of the general student population. And, three to five years after exiting high school, only a little more than half are found to be employed, compared to 69% of their peers (Fabian, Lent & Willis, 1998). National data also show about 50% of students who receive special education are instructed in regular classrooms, where they have access to the general curricula and more rigorous educational instruction. On the other hand, in January, 2000 NCD released Back to School on Civil Rights, a report that analyzed data contained in the DoED's state monitoring reports. The study measured compliance and enforcement in the areas of FAPE, LRE, IEP, transition services, general supervision, procedural safeguards and protection in evaluation of students with disabilities. The study also looked at the enforcement and decision making efforts by leadership at DoED, in relation to 15 years of its own data about noncompliance with the law by state and local school districts. NCD's Back to School report revealed that:
NCD found that students with disabilities in some states were not provided with transition services and supports, or related services such as speech therapy, physical therapy, or psychological counseling as reflected in their IEPs. Based on the research for its Back to School assessment, NCD reported that: "In addition to the testimony of parents, special education advocates attest that inappropriate placement in separate settings and a lack of services for students served in regular classrooms persist in many areas. Testimony of parents at public hearings, consultation with special education advocates serving rural, Native American, and other minority communities around the country, as well as studies by various government and advocacy organizations indicate that minority students are disproportionately represented in separate educational settings.[fn. 82]" [It is useful to note that the most recent 2001 report of the National Academy of Sciences entitled, Minority Students in Special and Gifted Education, echoes these findings. ] When students do not receive the IEP services and/or supports they are deemed eligible for they cannot achieve outcomes. Clearly, those children will be left behind. When school systems continue to categorically and unnecessarily place students (particularly those from diverse backgrounds) in more restrictive educational settings, students will be stigmatized, will have difficulty learning, and school systems won't maximize the use of the scarce federal education dollars they receive yearly. Among some of the questions that Congress needs to consider during IDEA reauthorization are:
Conclusions During IDEA reauthorization, NCD will use a variety of strategies to solicit community input which we will then use to advise the Administration and Congress regarding critical issues. These issues go to the heart of education reform for over 6 million students with disabilities and involve: (a) accountability in federal education spending, (b) achievement and progress in the K-12 arena, and (c) fidelity of implementation in all aspects of the IDEA entitlement program. Thank you for allowing us the opportunity to share these remarks today. i Back to School on Civil Rights (2000) http://www.ncd.gov/newsroom/publications/backtoschool_1.html; Improving the Implementation of the Individuals with Disabilities Education Act: Making Schools Work for All of America's Children Supplement (1996) http://www.ncd.gov/newsroom/publications/96school.html; Improving the Implementation of the Individuals with Disabilities Education Act: Making Schools Work for All of America's Children (1995) http://www.ncd.gov/newsroom/publications/95school.html; Inclusionary Education for Students with Disabilities: Keeping the Promise (1994) http://www.ncd.gov/newsroom/publications/inclusion.html; Serving the Nation's Students with Disabilities: Progress and Prospects (1993) http://www.ncd.gov/newsroom/publications/progress.html; and, The Education of Students with Disabilities: Where Do We Stand? (1989) http://www.ncd.gov/newsroom/publications/stand.html. HOME | FAQs | NEWSROOM | SITE MAP | FEDERAL AGENCIES | RESOURCES |
