Back to School on Civil Rights

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)