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Back to School on Civil Rights 
Table of Contents

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Introduction

Scope of This Report

Enforcement Research Perspectives

Research Methodology

   A. Introduction

   B. Basic Requirements of IDEA

   C. Scope of IDEA

   D. Legislative History

   E. Reauthorization of IDEA 1997

   F. Statutory Framework for IDEA Enforcement

2. Background and Enforcement Philosophy

3. The Federal Role--Delegation of Responsibilities

4. State Education Agencies (SEAs)

5. Local Education Agencies (LEAs)

6. The Unofficial Role of Parents as Enforcers of IDEA

   H. Findings and Recommendations

II. Grassroots Perspectives on Noncompliance and Federal Enforcement of IDEA

   A. Obstacles Experienced by Students with Disabilities and Their Families

2. Noncompliance with Free Appropriate Public Education

b. Monitoring Reports

c. Evaluating the Monitoring Process and Corrective Action

d. Corrective Action Plans

e. The Need to Create Consequences

f. Monitoring at the State Level

3. Advocates for Children in the Juvenile Justice System, Minority and Rural Communities

III. Grant Administration, Compliance-Monitoring, Complaint-Handling, and Enforcement Functions

   A. Grant Administration

2. Competitive State Program Improvement Grants

3. Findings and Recommendations

2. The Decision About What to Monitor

3. The Monitoring Cycle

4. The Monitoring Process Before the Fall of 1998

b. The On-Site Visit

c. The Monitoring Report

d. Corrective Action Plans

e. OSEP's Maintenance of Monitoring Reports and Records Regarding Monitoring Reports

b. Standards Used by OSEP for Determining Noncompliance

c. Summary of State Noncompliance Findings

d. Analysis of Findings of Noncompliance

e. Data Quality Issues Raised by the Monitoring Reports

f. Findings and Recommendations

b. Analysis of Six States Over Time

California

Illinois

New York

Oregon

Texas

Vermont

c. Findings and Recommendations

8. Perspectives on the Impact of Federal Compliance Monitoring

b. The National Association of State Directors of Special Education

c. Findings and Recommendations

2. Secretarial Review of IDEA Complaints

3. Section 504/ADA Complaints Received by OCR/DoED

4. Findings and Recommendations

2. Withholding of Funds

3. Cease and Desist Order

4. Referral to the Department of Justice for Enforcement Action

5. The Politics of Enforcement

6. Findings and Recommendations


IV. The National Compliance Picture Over Time: Analysis of Annual Reports to Congress 1978-1998

   A. Introduction

   B. Methodology

   C. Procedural Focus

   D. Definition of Monitoring

   E. Procedural Changes

   F. Lack of Trend Analysis

   G. Charts on Monitoring Findings

   H. Intra-Departmental Policy Conflicts

   I. Reports Demonstrate the Evolution of DoED's View of Its Mandate

   J. Language Changes

   K. Trend Toward Partnership with States

   L. Findings and Recommendations

V. IDEA Litigation Challenging State Noncompliance

   A. Introduction

   B. Summary of Litigation in California, Illinois, and Texas

   C. Development of More Effective Monitoring Systems

   D. Findings and Recommendations

VI. The Role of the Department of Justice

   A. Functions of the Department of Justice

   B. IDEA Litigation in Which the Department of Justice Has Participated

   C. Findings and Recommendations

VII. Improving Public Awareness: Technical Assistance and Public Information for Students with Disabilities, Their Families, and Advocates

   A. Department of Education--Overview

1. OSEP

2. National Institute on Disability and Rehabilitation Research (NIDRR)

3. Rehabilitation Services Administration (RSA)

4. Office for Civil Rights (OCR)

5. Department of Health and Human Services--Administration on Developmental Disabilities (ADD)

   C. Findings and Recommendations

VIII. Summary and Conclusions

Consolidated List of Findings and Recommendations

Index, IDEA Compliance Report

Endnotes


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