Back to School on Civil Rights: Advancing the Federal Commitment to Leave No Child Behind
National Council on Disability, 2000 - Children with disabilities - 382 pages
This report, the second in a series of independent analyses by The National Council on Disability on federal enforcement of civil rights laws looks at more than two decades of federal monitoring and enforcement of compliance with Part B of the Individuals with Disabilities Education Act (IDEA). Separate parts of the report address: (1) development of the original law and its evolution; (2) experiences and perspectives of students with disabilities and their families; (3) Department of Education (DOE) grant administration, compliance-monitoring, compliance-handling, and enforcement functions; (4) how the DOE has described its monitoring/compliance functions over time; (5) three cases in which states have developed new approaches to compliance monitoring; (6) the functions of the Department of Justice (DOJ) in relation to IDEA; and (7) the technical assistance and public information materials the DOE funds or provides. A review of the DOE's monitoring reports of states between 1994 and 1998 found that every state was out of compliance with IDEA requirements to some degree, and that federal efforts to enforce the law have been inconsistent and ineffective. The report includes recommendations to strengthen the capacity of both the DOE and the DOJ to enforce IDEA more effectively. Appendices include further information on IDEA, monitoring outcomes, and recommendations. (Contains 337 references.) (CR)
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The Law the ComplianceEnforcement Scheme and the Context
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administrators advocacy Aids/Services Standard Annual Report appropriate public education Approval of LEA Available to Extent Based on IEP children with disabilities civil rights Complaint Management compliance monitoring Compliance No Information compliance with IDEA Congress Continuum Available Correction of Deficiencies Day No Information Department of Education Department of Justice Education/Program Options Available enforcement actions ensure compliance failed to ensure FAPE free appropriate public funds Identifying Deficiencies implementation Individualized Education Program Information Continuum issues Jane West Lacking Complete Method LEA Applications least restrictive environment LRE Noncompliance Method for Identifying Method to Determine monitoring and enforcement monitoring process monitoring reports Nonacademic & Extracurricular Noncompliant Meeting Notice Noncompliant Office of Special OSEP found OSEP's parents Protection in Evaluation Recommendation related services Resolved within 60 school district Secretarial Review Segregated School Visited self-advocacy Special Education Programs Special Education/Program Options Statement of Needed students with disabilities technical assistance U.S. Department