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Unanswered Questions on Educating Handicapped Children in Local Public Schools

HRD-81-43 Published: Feb 05, 1981. Publicly Released: Feb 05, 1981.
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Highlights

In passing the Education for All Handicapped Children Act of 1975, Congress set a goal that, by September 1, 1978, all of the Nation's handicapped children age 3 to 18 would have available a free appropriate public education which met their needs. This goal probably will not be achieved until at least the mid-1980's. A GAO review in 10 States disclosed major problems that need to be addressed.

Recommendations

Matter for Congressional Consideration

Matter Status Comments
Congress should consider the related question of the eligibility of children who need only small amounts of speech therapy.
Closed
Please call 202/512-6100 for additional information.
Congress should consider the conflict between (1) the statutory purpose and timetable for providing each handicapped child with a free appropriate public education and (2) the problems States and local education agencies are having, and will probably continue to have, in meeting those objectives. If considerable additional delays in reaching the goals are not acceptable, Congress should provide (1) incentives to stimulate increased State and local funding, or (2) increased Federal funding for the program. If Congress finds that existing goals and deadlines are too stringent, considering potential fund and staff availability, it should modify the Act's timetables or scope of coverage.
Closed
Please call 202/512-6100 for additional information.
Congress should clarify whether, and under what conditions, children who are receiving only speech therapy or services currently cited in the law as "related services" are eligible for coverage under the 94-142 program.
Closed
Please call 202/512-6100 for additional information.

Recommendations for Executive Action

Agency Affected Recommendation Status
Department of Education The Secretary of Education should reconsider the validity of the 12-percent handicap prevalence estimate based on the evaluation results.
Closed
Please call 202/512-6100 for additional information.
Department of Education The Secretary of Education should increase the distribution to all States of instructions, guidance, and models relating to individual education programs.
Closed
Please call 202/512-6100 for additional information.
Department of Education The Secretary of Education should assist States and local education agencies to eliminate deficiencies in their programs and processes for identifying, evaluating, and serving handicapped children.
Closed
Please call 202/512-6100 for additional information.
Department of Education The Secretary of Education should fully evaluate, either directly or through the States' program monitoring efforts, the effectiveness of local education agency programs and processes for accurately identifying, evaluating, and serving all handicapped children needing services under the act.
Closed
Please call 202/512-6100 for additional information.
Department of Education The Secretary of Education should revise the program regulations to state clearly that individualized education programs must include all special education and related services needed to provide a free appropriate public education.
Closed
Please call 202/512-6100 for additional information.
Department of Education The Secretary of Education should require that Federal and State efforts to oversee the administration of Public Law 94-142 give special attention to enforcing individualized education program requirements.
Closed
Please call 202/512-6100 for additional information.
Department of Education The Secretary of Education should require States to document in their State program plans, and demonstrate to the Secretary's satisfaction, that they are able to meet the commitments in their plans and carry out their responsibilities under Public Law 94-142.
Closed
Please call 202/512-6100 for additional information.
Department of Education The Secretary of Education should evaluate States' compliance with the free appropriate public education requirement of Public Law 94-142, and use the evaluations to determine what additional actions, including withholding funds as provided for in the act, need to be taken to assure that States are effectively implementing the act.
Closed
Please call 202/512-6100 for additional information.
Department of Education The Secretary of Education should emphasize the importance of (1) issuing regulations in a timely manner, (2) providing technical assistance, (3) reviewing State plans, and (4) making monitoring visits.
Closed
Please call 202/512-6100 for additional information.
Department of Education The Secretary of Education should stop using, at least temporarily, the 12-percent handicap prevalence estimate as the basis for encouraging States to increase the number of children counted and served.
Closed
Please call 202/512-6100 for additional information.

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Topics

Children with disabilitiesEducationEligibility criteriaFederal aid to localitiesFederal aid to statesFederal regulationsstate relationsProgram evaluationProgram managementSpecial education