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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
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
