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Copyright 2000 Phoenix Newspapers, Inc.  
THE ARIZONA REPUBLIC

January 24, 2000 Monday, Final Chaser

SECTION: FRONT; Pg. A4

LENGTH: 469 words

HEADLINE: SPECIAL EDUCATION LAW NOT FOLLOWED, STUDY OF STATES SAYS

BYLINE: Associated Press

DATELINE: WASHINGTON

BODY:
Many children with disabilities are getting substandard schooling because states are not complying with federal rules on special education, an independent agency reports.

U.S. officials are not forcing compliance, and as a result, parents often must sue to enforce the law, according to a review of more than two decades of enforcement of the federal special education law. In too many cases, children with disabilities are taught in separate classrooms and schools are not following other regulations meant to protect these students from discrimination, the National Council on Disability said in a report to be released Tuesday. The Associated Press obtained an advance copy.

The problems have persisted for years in many locations, said the council, which makes recommendations to the president and Congress.

Officials at the Department of Education, the federal agency responsible for overseeing compliance with the 1975 Individuals with Disabilities Education Act, said it has increased monitoring under the Clinton administration.

Nearly 6 million American children receive special education instruction and services at a cost of almost $40 billion, about $5.7 billion of which is federal money.

The special education law was meant to end discrimination against children with disabilities. Many of these children had been excluded from public schools, institutionalized or placed in programs that provided little or no learning. The law was strengthened in 1997.

According to compliance reports covering 1994 through 1998:

*36 states failed to ensure that children with disabilities are not segregated from regular classrooms.

*44 states failed to follow rules requiring schools to help students find jobs or continue their education.

*45 states failed to ensure that local school authorities adhered to non-discrimination laws.

The special education report is part of the council's multiyear study for the president and Congress on the implementation and enforcement of the Americans with Disabilities Act and other civil rights laws.

The report said the most recent Department of Education monitoring surveys for 50 states showed:

*Only Arkansas, Hawaii, Nevada and Oklahoma were ensuring that local school authorities adhered to non-discrimination laws, compared with 45 who were not. No information for Mississippi was given in this category.

*Alaska, Arizona, Arkansas, Colorado, Hawaii, Maine, Nebraska, Nevada, New Hampshire, New Mexico, Oklahoma, Oregon, South Dakota and Vermont were ensuring that disabled kids are not segregated from regular classrooms. The rest of states were not.

*Georgia, Nebraska, North Dakota, Pennsylvania, South Carolina and Wyoming were the only states following rules requiring schools to help students find jobs or continue their educations.



LOAD-DATE: February 17, 2000




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