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POOR P INT Oli DOCUMENT RESUME ED 467 485 EC 309 128 TITLE Special Education: Is IDEA Working as Congress Intended? Hearing before the Committee on Government Reform, House of Representatives. One Hundred Seventh Congress, First Session. INSTITUTION Congress of the U.S., Washington, DC. House Committee on Government Reform. REPORT NO House-Hrg-107-12 PUB DATE 2001-02-28 NOTE 336p. AVAILABLE FROM Superintendent of Documents, U.S. Government Printing Office, Mail Stop: SSOP, Washington, DC 20402-0001. Tel: 202 -512- 1800; Tel: 866-512-1800 (Toll Free); Fax: 202-512-2250. For full text: http://www.gpo.gov/congress/house. PUB TYPE Legal/Legislative/Regulatory Materials (090) EDRS PRICE EDRS Price MF01/PC14 Plus Postage. DESCRIPTORS Access to Education; Autism; *Compliance (Legal); *Disabilities; *Educational Legislation; Elementary Secondary Education; Equal Education; *Federal Aid; Federal Legislation; Funding Formulas; Hearings; Program Evaluation; *Special Education; Student Rights IDENTIFIERS Congress 107th; *Individuals with Disabilities Educ Act Amend 1997 ABSTRACT These hearings before the House of Representatives Committee on Government Reform address the issue of whether the Individuals with Disabilities Education Act (IDEA) is working as Congress intended. First, an introduction by the Chairman, Dan Burton, notes the difficulties that parents are having in accessing appropriate public education. Next are statements by individuals representing the following organizations: Office of Special Education Programs, Department of Education; National Association of Sate Directors of Special Education; National Education Association; and the National Council on Disability. Additional letters, statements, and other materials submitted for the record are also included. Some of the issues addressed include: the apparently increasing incidence of autism; inconsistent implementation of and compliance with IDEA; failure of Congress to fulfill its promise to provide 40% of excess special education costs; and a loophole in the 1997 amendments that allows states to shift federal education funding to non-educational purposes. (DB) r ft POOR P INT Oli Reproductions supplied by EDRS are the best that can be made from the original document. SPECIAL EDUCATION: IS IDEA'WORKING AS CONGRESS INTENDED? HEARING BEFORE THE COMMITTEE ON GOVERNMENT REFORM HOUSE OF REPRESENTATIVES ONE HUNDRED SEVENTH CONGRESS FIRST SESSION FEBRUARY 28, 2001 Serial No. 107 -12 Printed for the use of the Committee on Government Reform U.S. DEPARTMENT OF EDUCATION Office of Educational Research and Improvement ED ATIONAL RESOURCES INFORMATION CENTER (ERIC) This document has been reproduced as received from the person or organization originating it. O Minor changes have been made to improve reproduction quality. Points of view or opinions stated in this documentdo not necessarily represent official OERI position or policy. Available via the World Wide Web: http://www.gpo.gov/congress/house http://www.house.gov/reform U.S. GOVERNMENT PRINTING OFFICE 75-592 PDF WASHINGTON : 2001 For saleby the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.govPhone: toll free (866) 512-1800; DC area (202) 512-1800 rq> Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001 rBEST COPY AVAILABLE COMMITTEE ON GOVERNMENT REFORM DAN BURTON, Indiana, Chairman BENJAMIN A. GILMAN, New York HENRY A. WAXMAN, California CONSTANCE A. MORELLA, Maryland TOM LANTOS, California CHRISTOPHER SHAYS, Connecticut MAJOR R. OWENS, New York ILEANA ROS-LEHTINEN, Florida EDOLPHUS TOWNS, New York JOHN M. McHUGH, New York PAUL E. KANJORSKI, Pennsylvania STEPHEN HORN, California PATSY T. MINK, Hawaii JOHN L. MICA, Florida CAROLYN B. MALONEY, New York THOMAS M. DAVIS, Virginia ELEANOR HOLMES NORTON, Washington, MARK E. SOUDER, Indiana DC JOE SCARBOROUGH, Florida ELIJAH E. CUMMINGS, Maryland STEVEN C. LATOURETTE, Ohio DENNIS J. KUCINICH, Ohio BOB BARR, Georgia ROD R. BLAGOJEVICH, Illinois DAN MILLER, Florida DANNY K. DAVIS, Illinois DOUG OSE, California JOHN F. TIERNEY, Massachusetts RON LEWIS, Kentucky JIM TURNER, Texas JO ANN DAVIS, Virginia THOMAS H. ALLEN, Maine TODD RUSSELL PLATTS, Pennsylvania JANICE D. SCHAKOWSKY, Illinois DAVE WELDON, Florida WM. LACY CLAY, Missouri CHRIS CANNON, Utah ADAM H. PUTNAM, Florida C.L. "BUTCH" OTTER, Idaho EDWARD L. SCHROCK, Virginia BERNARD SANDERS, Vermont (Independent) KEVIN BINGER, Staff Director DANIEL R. MOLL, Deputy Staff Director JAMES C. WILSON, Chief Counsel ROBERT A. BRIGGS, Chief Clerk PHIL SCHILIRO, Minority Staff Director CONTENTS Page Hearing held on February 28, 2001 1 Statement of Guard, Patricia J., Acting Director, Office of Special Education Programs, U.S. Department of Education; Melinda Baird, JD, Knoxville, TN; Gary Mayerson, JD, New York, NY; Bill East, executive director, National Association of State Directors of Special Education, Inc.; and Ed Amundson, National Education Association 123 Hooley, Hon. Darlene, a Representative in Congress from the State of Oregon 38 Lamontagne, Ovide, Manchester, NH; Ginger Brown, Columbus, IN; Stephanie Fry, Indianapolis, IN; Pat Antenellis, Framington, MA; Caro- lyn Nunes, special education program manager, San Diego, CA; Kevin McDowell, general counsel, Department of Education, Indianapolis, IN; and Marca Bristo, chair, National Council on Disability 44 Letters, statements, etc., submitted for the record by: Allen, Hon. Thomas H. a Representative in Congress from the State of Maine, prepared statement of 330 Amundson, Ed, National Education Association, prepared statement of 310 Antenellis, Pat, Framington, MA, prepared statement of 85 Baird, Melinda, JD, Knoxville, TN, prepared statement of 137 Bristo, Marca, chair, National Council on Disability, prepared statement of 104 Brown, Ginger, Columbus, IN, prepared statement of 65 Burton, Hon. Dan, a Representative in Congress from the State of Indi- ana: Charts concerning special education 3 Prepared statement of 22 East, Bill, executive director, National Association of State Directors of Special Education, Inc., prepared statement of 301 Fry, Stephanie, Indianapolis, IN, prepared statement of 72 Guard, Patricia, J.Acting Director, Office of Special Education Pro- grams, U.S. Department of Education, prepared statementof 127 Hooley, Hon. Darlene, a Representative in Congress from the State of Oregon, prepared statement of 40 Kucinich, Hon. Dennis J., a Representative in Congress from the State of Ohio, prepared statement of 332 Lamontagne, Ovide, Manchester, NH, prepared statement of 47 Mayerson, Gary, JD, New York, NY, prepared statement of 198 McDowell, Kevin, general counsel, Department of Education, Indianap- olis, IN, prepared statement of 93 Morella, Hon. Constance A., a Representative in Congress from the State of Maryland, prepared statement of 35 Nunes, Carolyn, special education program manager, San Diego, CA, prepared statement of 56 Waxman, Hon. Henry A., a Representative in Congress from the State of California, editorial entitled, "Special Education, Discarded Vow," 31 SPECIAL EDUCATION: IS IDEA WORKING AS CONGRESS INTENDED? WEDNESDAY, FEBRUARY 28, 2001 HOUSE OF REPRESENTATIVES, COMMITTEE ON GOVERNMENT REFORM, Washington, DC. The committee met, pursuant to notice, at 1:45 p.m., in room 2154, Rayburn House Office Building, Hon. Dan Burton (chairman of the committee) presiding. Present: Representatives Burton, Morella, Shays, Horn, Barr, Davis,Platts,Weldon,Putnam,Schrock,Waxman, Owens, Maloney, Norton, Kucinich, Tierney, and Schakowsky. Also present: Representatives Cunningham, Pence, and Sununu. Staff present: Kevin Binger, staff director; Daniel R. Moll, deputy staff director; S. Elizabeth Clay, Nicole Petrosino, and Jen Klute, professional staff members; Marc Chretien, senior investigative counsel; Sarah Anderson, staff assistant; Robert A. Briggs, chief clerk; Robin Butler, office manager; Michael Canty and Toni Light le,legislativeassistants; John Sare, deputy chief clerk; Corinne Zaccagnini, systems administrator; Sarah Despres, minor- ity counsel; Ellen Rayner, minority chief clerk; and Earley Green, minority assistant clerk. Mr. BURTON. Good afternoon. A quorum being present, the Com- mittee on Government Reform will come to order and I ask unani- mous consent that all Members' and witnesses' written and open- ing statements be included in the record, and, without objection, so ordered. I ask unanimous consent that all articles, exhibits and extra- neous or tabular material referred to be included in the record, and, without objection, so ordered. During the 106th Congress we began looking at the increased rates of autism. As we did that, we repeatedly heard from families that they were facing serious challenges obtaining services from their schools. Any family that is raising a child with a develop- mental delay or a learning disability or a physical disability faces tremendous challenges on a daily basis. Through this investigation, we have already learned that fami- lies are physically, emotionally and financially exhausted. Why is it that when we have a Federal law that requires that every child receive a free and appropriate public education, many families are having to go to court to receive these services? And it's very costly. The committee received thousands of e-mails, telephone calls, and letters and faxes from families, teachers, administrators and organizations about the implementation of the Individuals with (1) 2 Disabilities Education Act [IDEA]. Congress has focusedon the educational needs of the disabled
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