The report, "Back to School on Civil Rights," analyzed nearly two decades of enforcement of the Individuals with Disabilities Education Act. The report said children with disabilities are being taught in separate classrooms, and schools are not following other regulations meant to protect these students from discrimination. Currently there are six million children served by IDEA in public schools.

Because of a lack of federal enforcement, parents often must sue to enforce the law, the report said. "Too many parents of children with disabilities continue to spend endless resources in confronting obstacles to their child’s basic right to have available to them an appropriate education, often as the expense of their personal lives, their financial livelihoods and their careers," the report said.

Bruce Hunter, AASA's director of public policy, said schools are trying to comply, but are currently hampered by a severe shortage of special education teachers. The federal government also is providing only about 10 percent of its promised 40 percent funding for IDEA.

According to the report:

• 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 nondiscrimination laws.

The U.S. Department of Education, under Secretary Richard Riley, has been more effective in using sanctions than previous administrations, NCD said. The department, however, has made limited use of sanctions, such as withholding funds, and of referrals to the Department of Justice.

The federal government  has punished only one state for failing to follow IDEA rules, but that decision was reversed by a federal court.

The Education Department has 35 employees in its monitoring division. A spokeswoman said the department is currently stepping up monitoring and enforcement.

In addition to calling for improved enforcement of IDEA, "Back to School on Civil Rights" recommends:

• The Departments of Education and Justice develop national compliance standards, improvement measures and enforcement action triggers, with input from stakeholders, including students with disabilities and their parents, for consistency and clarity in IDEA enforcement.
• Congress authorize more funding for Department of Education-sponsored technical assistance programs for IDEA students and parents, as well as free and low-cost legal services for families.
• Congress authorize and fund the Department of Justice to independently investigate and litigate IDEA cases, as well as administer a federal system for handling complaints filed by individuals.

"Back to School" is the second in NCD’s "Unequal Protection Under Law" series of independent analyses of federal civil rights enforcement for Americans with disabilities. NCD is an independent federal agency that advises the president and Congress on public policy affecting people with disabilities.

Natalie Carter Holmes, Editor