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A Study of States’ Monitoring and Improvement Practices Under the Individuals with Disabilities Education Act
A Study of States’ Monitoring and Improvement Practices Under the Individuals with Disabilities Education Act
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The Study of Monitoring and Improvement Practices under the Individuals with Disabilities Education Act (IDEA) examined how states monitored the implementation of IDEA by local special education and early intervention services programs. State monitoring and improvement practices in 2004-05 and 2006-07 were the focus of the study.
Prior to the mid-1970’s, Congress found that the special education needs of the 8 million children with disabilities were not being met (Education of All Handicapped Children Act of 1975) (P.L. 94-142). To meet the educational needs of these children, Congress, in 1975, enacted the Education for All Handicapped Children Act (EHA). In EHA, Congress declared that the purpose of the act was to:
“…assure that all handicapped children have available to them, …a free appropriate public education which emphasizes special education and related services designed to meet their unique needs, to assure that the rights of handicapped children and their parents or guardians are protected, to assist States and localities to provide for the education of all handicapped children, and to assess and assure the effectiveness of efforts to educate handicapped children.” (P.L. 94-142, §3, (c)).
A key amendment to the act was passed in 1986 when Congress provided funds for states to serve infants and toddlers with disabilities. In 1990, EHA was renamed the Individuals with Disabilities Education Act (IDEA), and the term “handicapped child” was replaced with the term “child with a disability.” Part B of the statute covers children and youth ages 3 through 21 with disabilities, while Part C covers infants and toddlers ages birth through 2 with disabilities and their families. State Part B programs are administered by state education agencies (SEAs). States may choose the SEA or another agency to administer Part C.
Under P.L. 94-142, Congress gave states the responsibility for ensuring that the provisions of the law were being carried out at the local level. Part C agencies were given similar responsibilities when Congress authorized the program in 1986. At the federal level, the U.S. Department of Education’s (ED) Office of Special Education Programs (OSEP) within the Office of Special Education and Rehabilitative Services (OSERS) was the agency designated in IDEA as responsible for ensuring that states carry out the provisions of the law. Specific responsibility lies with OSEP’s Monitoring and State Improvement Planning Division (MSIP).
As the law changed over the years, so did the way that OSEP approached its monitoring responsibilities. The greatest change was the shift that began in the late 1980s from a focus on compliance with the law’s rules and regulations to an added focus on improving educational results and functional outcomes for children with disabilities (Ahearn 1995). This change became a formal element in the 1997 and 2004 amendments to IDEA for both OSEP and the states. The 2004 amendments also provided specific directions to OSEP and states on focus areas, measurable indicators, and enforcement actions to be used in monitoring compliance with IDEA.
Prior to the mid-1970’s, Congress found that the special education needs of the 8 million children with disabilities were not being met (Education of All Handicapped Children Act of 1975) (P.L. 94-142). To meet the educational needs of these children, Congress, in 1975, enacted the Education for All Handicapped Children Act (EHA). In EHA, Congress declared that the purpose of the act was to:
“…assure that all handicapped children have available to them, …a free appropriate public education which emphasizes special education and related services designed to meet their unique needs, to assure that the rights of handicapped children and their parents or guardians are protected, to assist States and localities to provide for the education of all handicapped children, and to assess and assure the effectiveness of efforts to educate handicapped children.” (P.L. 94-142, §3, (c)).
A key amendment to the act was passed in 1986 when Congress provided funds for states to serve infants and toddlers with disabilities. In 1990, EHA was renamed the Individuals with Disabilities Education Act (IDEA), and the term “handicapped child” was replaced with the term “child with a disability.” Part B of the statute covers children and youth ages 3 through 21 with disabilities, while Part C covers infants and toddlers ages birth through 2 with disabilities and their families. State Part B programs are administered by state education agencies (SEAs). States may choose the SEA or another agency to administer Part C.
Under P.L. 94-142, Congress gave states the responsibility for ensuring that the provisions of the law were being carried out at the local level. Part C agencies were given similar responsibilities when Congress authorized the program in 1986. At the federal level, the U.S. Department of Education’s (ED) Office of Special Education Programs (OSEP) within the Office of Special Education and Rehabilitative Services (OSERS) was the agency designated in IDEA as responsible for ensuring that states carry out the provisions of the law. Specific responsibility lies with OSEP’s Monitoring and State Improvement Planning Division (MSIP).
As the law changed over the years, so did the way that OSEP approached its monitoring responsibilities. The greatest change was the shift that began in the late 1980s from a focus on compliance with the law’s rules and regulations to an added focus on improving educational results and functional outcomes for children with disabilities (Ahearn 1995). This change became a formal element in the 1997 and 2004 amendments to IDEA for both OSEP and the states. The 2004 amendments also provided specific directions to OSEP and states on focus areas, measurable indicators, and enforcement actions to be used in monitoring compliance with IDEA.
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