Testimony of Katherine Beh Neas

Consortium for Citizens with Disabilities Education Task Force

Before the Committee on Education and the Workforce

United States House of Representatives

May 2, 2002

Mr. Chairman, my name is Katherine Beh Neas and I speak to you today as one of the four co-chairs of the Consortium for Citizens with Disabilities Education Task Force.  I also am Assistant Vice President for Government Relations for Easter Seals. The Consortium for Citizens with Disabilities is a coalition of nearly 100 national consumer, advocacy, provider and professional organizations headquartered in Washington, D.C. Since 1973, the CCD has advocated on behalf of people of all ages with physical and mental disabilities and their families. CCD has worked to achieve federal legislation and regulations that assure that the 54 million children and adults with disabilities are fully integrated into the mainstream of society.  Thank you for this opportunity to testify regarding the Individuals with Disabilities Education Act (IDEA).

 

I bring you greetings from Clare Huckel, a teacher at the Easter Seals preschool program in Bucks County, Pennsylvania.  It is the same school she attended as a preschooler in the 1970s. When Claire was born with cerebral palsy in 1972, children with disabilities were not expected to live active lives. Noticing that Claire’s physical development was slow, and that she had trouble moving her left arm and leg, her parents sought the advice of a neurologist when she was just over a year old. They learned that Claire had cerebral palsy and were also told she would probably never feed herself and might best be placed in a home for children with disabilities. The Huckels accepted the diagnosis, but not the prognosis.

When Claire was 3, she began attending Easter Seals preschool in Bucks County where she received physical and occupational therapy and participated in preschool learning activities. According to her father, Claire grew stronger and learned to walk with confidence. At age 6, she was ready to enter first grade and her parents enrolled her in elementary school in 1978, one of the first year’s of  Public Law 94-142, now known as IDEA.  Claire was the only child with a disability in her class. 

Claire Huckel was a pioneer, one of few young people with disabilities in her elementary, junior high and high schools. As Claire says, "It wasn’t always easy. My mom and I had to work with each school and many teachers to explain my disability and help them adapt to my need for accessibility." Claire graduated with honors from high school and college, earning a teaching degree.

She began her teaching career working with elementary school children. After a few years, she returned to school and earned a master’s degree in special education with high honors. Two years ago, when there was an opening at Easter Seals Bucks County, Claire applied and went to work with a new generation of children with disabilities. "It was my dream," she explains, "to help children like I was. And the best part is that my teacher is still there and now is my colleague as well."

 

IDEA ACCOMPLISHMENTS

IDEA is a good law that has literally transformed the lives of children with disabilities and their families.  Over the past 26 years, millions of children with disabilities, like Clare, have received appropriate early intervention, preschool and special education and related services thanks to the enactment and implementation of the Individuals with Disabilities Education Act.  The success of IDEA is evidenced by the following accomplishments.

The number of children with developmental disabilities who must live in state institutions away from their families has been dramatically reduced.  In 2000, 2,130 children with developmental disabilities were living in state institutions, compared to 70,655 children in 1974, the year before the passage of Public Law 94-142, the Education for All Handicapped Children Act.  In 2000, the average state institution expenditure was $113,863 per child.  Not only do these figures represent a major accomplishment in family preservation, but they also reflect a significant reduction in the cost to governments and taxpayers.

More young children are entering school ready to learn.  Today, almost 800,000 young children with disabilities are participating in IDEA's early intervention and preschool programs where they and their parents receive support to enhance their development. 

More students with disabilities participate in state and district-wide assessments.  Today, students with disabilities are included in state and district-wide assessments.  States report the following positive outcomes when students with disabilities are included in accountability systems: increased access to the general curriculum, more rigorous education, and increased academic expectations.  

Effective practices are implemented in schools across the country.  IDEA has supported, through its support programs authorized by Part D, more than two decades of research and demonstration in effective practices in educating students with disabilities to enable teachers, related services personnel, and administrators to effectively meet the instruction needs of students with disabilities of all ages.  One example of this investment is the work of  George Sugai and his colleagues at the University of Oregon in the area of positive behavior supports.  There work bridges the gap between research and practice resulting in a reduction in discipline problems throughout schools across the country.

More students with disabilities are completing high school.  According to the National Organization on Disability/2000 Harris Survey of Americans with Disabilities, in 1986, 39 percent of people with disabilities failed to complete high school.  Today, 22 percent of people with disabilities have not completed high school.   Students with disabilities who complete high school are more likely to be employed, earn higher wages, and enroll in post-secondary education and training than students with disabilities who do not complete high school.  Moreover, students with disabilities who had graduated from high school were more likely to be employed at three to five years after leaving high school.

More people with disabilities who want to work are working.  In 1986, 46 percent of working-age people with disabilities were employed.  Today, 56 percent of working-age people are employed. 

1997 REFORMS

Congress significantly reformed IDEA in 1997. .  For the first time, children with disabilities are required to have access to the general curriculum.  The vast majority of students with disabilities are expected to participate in state and district wide assessments. These two new requirements will go a long way to raise expectations for the educational outcomes of students with disabilities. Its important to note that we are ending the second full school year during which the 1997 reforms have been available to be implemented in our nation’s schools. 

NO CHILD LEFT BEHIND ACT

The No Child Left Behind Act that you just enacted makes many new and necessary reforms to our public education system, of which special education is a part.

The new law requires states to establish a single statewide accountability system.  States must define "adequate yearly progress" to include annual statewide measurable objectives for improving achievement by all students, including students with disabilities.  These standards apply to children in grades 3 through 8. This provision builds on the changes made in 1997 to IDEA that required students with disabilities to have access to the general curriculum and to be included in state and district-wide assessments.  While appearing modest in its policy, this provision has the potential to dramatically increase educational results for students with disabilities because states will have to establish a system of accountability that will measure how they meet the educational needs of all students, including students with disabilities.

According to research by the National Center on Educational Outcomes (NCEO) at the University of Minnesota, before the enactment of the No Child Left Behind Act, most states reported increased participation rates of students with disabilities in state assessments, and in many cases, improvement in performance as well. Participation rates in state assessments still vary, from 33 percent to 97 percent of students with disabilities, but continue to increase.

Performance levels also vary widely, with the differences between rates of students with disabilities meeting state standards and all students ranging from 20 percent to 50 percent. In one state, for example, 23 percent of students with disabilities met the state's proficiency standard, whereas 48 percent of all students in the state met the standard.  In another state, 14 percent of students with disabilities met the state's proficiency standard, whereas 63 percent of all students met the standard.

 

CCD remains hopeful that student education achievement will continue to rise as more schools effectively implement IDEA and the No Child Left Behind Act.  We urge the Committee to give states the opportunity to implement these existing requirements. 

UNEVEN IMPLEMENTATION

While there are many schools across the country in which children with disabilities are well educated, implementation of IDEA is uneven.  Shortages of qualified personnel are critical and persistent; and funding for the three state grant programs and the discretionary grant programs has never been adequate.  IDEA, as reformed in the 1997 amendments and when fully implemented and enforced, provides states and local school systems a framework to improve educational outcomes for students with disabilities.

Only when every public school has the necessary resources and employs qualified and well-trained staff who understand and accept their roles and responsibilities, incorporates research-based practices, involves parents as equal partners, welcomes all children and their families and believes children with disabilities can be successful, can we as a nation have confidence that IDEA is being effectively implemented.    

RECOMMENDATIONS

Our system of public education is responsible for educating all students, including students with disabilities. Only when special education and general education work together can we be confident that no child will be left behind. To this end, the Committee should build on the policies set forth in the No Child Left Behind Act, and require that all special education teachers and other education personnel are qualified and certified by 2005. Research has demonstrated that the most significant factor of student achievement is the quality of the educational personnel.   

In addition, all IDEA programs, the Part C early intervention program, the Section 619 preschool program, Part B, and the discretionary programs of Part D all must be fully funded.  All Part B funds must remain in education.  Many of our task force members are advocating for indexing Part D programs at 10 percent of Part B funding. 

Many of the our task force members also believe that tens of thousands of young children with disabilities who could benefit from Part C’s early intervention program are not served.  Approximately 190,000 infants and toddlers currently participate in Part C.   States with high concentrations of low income families are not serving more children, despite the research that demonstrates that children who are poor are twice as likely to have a significant disability than their middle and upper income peers. Moreover, the Census reports that in 1997, more than 600,000 infants and toddlers have some sort of disability. The Committee must examine strategies to ensure access to early intervention services for all eligible infants and toddler with disabilities and their families.

The CCD Education Task Force understands policymakers are committed to increasing educational outcomes for students with disabilities served by IDEA. We welcome that goal.  In reauthorizing IDEA, the Task Force urges policymakers to analyze carefully each issue of concern to determine whether the concern results from a problem with the current statute or a problem of inappropriate, ineffective or incomplete implementation of the current statute.  Such an analysis should guide policymakers in determining whether changes are required to enhance implementation of current law or whether requirements of the statute need to be changed.  We have provided a set of guiding principles to assist you in your review of IDEA.   I’d like to highlight just a few of these principles.

All children should be provided a quality public education that promotes academic success. The tyranny of low expectations has produced limited academic success among too many students, including students with disabilities. Research shows student achievement significantly improves when teachers and other faculty hold high expectations for students. All children, including children with disabilities, must be identified and provided a free, appropriate public education in the least restrictive environment (LRE).

All educational personnel, including administrators, principals, teachers, paraprofessionals and related services personnel, must be qualified to educate students with disabilities.  Too often personnel have not received the necessary training in effective methods of educating students with disabilities. With the majority of students with disabilities spending considerable amounts of their school days in general education settings, ensuring general educators have the skills and the commitment to work effectively with students with disabilities is paramount.  The presence of qualified personnel is critical to achieving positive student outcomes.  High dropout rates among students with disabilities are correlated to shortages of qualified personnel.  Ensuring qualified personnel is a critical component of educational accountability.

Shortages of qualified personnel must be decreased and eventually eliminated.  The shortage of special education teachers and related services personnel is chronic and persistent. Currently, over  600,000 students with disabilities are taught by special education teachers who are unqualified or under-qualified.  IDEA, including Part D, must support recruitment and retention of certified, qualified teachers.  Shortages of special education and related services faculty at institutions of higher education must also be addressed, as they curtail the research, leadership and training capacity of the field.

Early intervention and preschool services must be available to all eligible children. Programs authorized by Part C and Section 619 of Part B allow states to create family-centered systems of services across multiple programs and funding streams to ensure infants, toddlers and preschoolers are prepared for school and learning.  States must have the resources to effectively screen and identify all eligible children for developmentally appropriate progress to maximize their ability to enter school ready to learn.

IDEA should give increased attention to racial, ethnic and linguistic diversity to prevent  inappropriate overrepresentation or under representation of minority children in special education.  Some overrepresentation of minorities in special education may be due to the well-documented link between poverty and disability.  However, overrepresentation of minority students in some categories of disability significantly exceeds what would be predicted by the impact of poverty.  Underrepresentation also occurs in certain categories. Students must be served based on their educational needs. Since 1997, states are required to collect racial data and to intervene where overrepresentation is identified. Further, there is no financial incentive in the law to over-identify students for special education.  All students are required to have appropriate access to the general curriculum and to participate in local and state accountability systems.

All levels of government must continue to participate in the implementation of IDEA.  The federal government must set the standard for meeting the responsibilities described in IDEA.  A strong federal role is essential to ensuring uniform and effective implementation and practice of IDEA.

The civil rights of children with disabilities and their families must be fully maintained.  The core substantive rights to a free, appropriate, public education (FAPE) in the least restrictive environment (LRE) are the heart of IDEA.  Children with disabilities are entitled to an individualized education that meets their unique needs. An explanation is required if a decision is made by the child's Individualized Education Program (IEP) team to serve the child in a setting that is other than the general education setting.  

Procedural safeguards are necessary to assure that educational decisions are determined appropriately.  Parents must be fully informed of their children’s rights and (can) participate in a meaningful way in all decision making related to their child.  IDEA’s due process provisions give parents the opportunity to challenge school district decisions. These provisions help level the playing field by correcting the imbalance of the legal and fiscal resources available to school districts and those resources available to families. Quality education demands a collaborative effort among students, parents, schools, and communities. 

All schools should establish and implement research-based, effective programs that prevent school violence.  Effective research-based programs include classroom management strategies to help reduce classroom disruption and increase student learning; positive behavior intervention programs addressing the emotional, behavioral, and educational needs of students; and professional development to reduce the level of inappropriate disciplinary actions. All school staff must be trained to recognize and respond appropriately to troubled youth.

Thank you for the opportunity to appear before you today.