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Preface to the 31st Annual Report to Congress on the Implementation of the Individuals with Disabilities Education Act. 2009

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PREFACE

Since enactment of the Education for All Handicapped Children Act of 1975, Public Law (P.L.) 94-142, the secretary of the U.S. Department of Education (secretary) [and predecessor, the commissioner of education at the U.S. Department of Health, Education and Welfare] has been required to transmit to Congress an annual report to inform Congress and the public of the progress being made in implementing the act. The annual reports to Congress reflect a history of persistent commitment and effort to expand educational opportunities for children with disabilities.

In December 2004, Congress reauthorized the Individuals with Disabilities Education Act (IDEA) (P.L. 108-446), which was signed into law the same month. The provisions of the act became effective on July 1, 2005, with the exception of some of the elements pertaining to the definition of a “highly qualified teacher”* that took effect upon the signing of the act. With reauthorization of IDEA, the nation reaffirmed its commitment to improving educational results for children and youths with disabilities.

The 31st Annual Report to Congress on the Implementation of the Individuals with Disabilities Education Act, 2009 describes our nation’s progress in

  1. providing a free appropriate public education (FAPE) for all children with disabilities,
  2. ensuring that the rights of children with disabilities and their parents are protected,
  3. assisting states and localities in providing for the education of all children with disabilities, and
  4. assessing the effectiveness of efforts to educate children with disabilities.

The report focuses on the children and students with disabilities being served under IDEA, Part C and B, nationally and at the state level. In particular, Part C of IDEA provides funds to states to assist them in developing and implementing statewide, comprehensive, coordinated, multidisciplinary interagency systems to make early intervention services available to all children from birth through age 2 with disabilities and their families, whereas Part B of IDEA provides funds to states to assist them in providing FAPE to children ages 3 through 21 with disabilities who are in need of special education and related services. Throughout this report, infants and toddlers served under IDEA, Part C, children served under IDEA, Part B, and students served under IDEA, Part B, refer to individuals with disabilities who receive services under IDEA, Part C or Part B. “Special education services,” which is referenced throughout this report, is a term that is synonymous with services provided under IDEA, Part B.

This 31st Annual Report to Congress, 2009 follows the 30th Annual Report to Congress, 2008 in sequence and format, and it continues to focus on IDEA results and accountability. Similar to the 30th Annual Report, the 31st Annual Report contains six major sections that address the five annual report requirements contained in section 664(d) of IDEA. The sections are:

  1. a summary and analysis of IDEA section 618 data at the national level;
  2. a summary and analysis of IDEA section 618 data at the state level;
  3. a summary and analysis of the U.S. Department of Education’s (Department’s) findings and determinations regarding the extent to which states are meeting the requirements of IDEA, Parts B and C;
  4. a summary of special education research conducted under Part E of the Education Sciences Reform Act of 2002;
  5. a summary of national special education studies and evaluations conducted under sections 664(a) and (c) of IDEA; and
  6. a summary of the extent and progress of the assessment of national activities, which focus on determining the effectiveness of IDEA and improving its implementation.

New to the 31st Annual Report are summaries and analyses of IDEA section 618 dispute resolution data, which are found in Sections I and II of the report. Finally, although the three appendixes in the 31st Annual Report are not new to the report, Appendix B has been expanded to include developmental delay§ information on children ages 3 through 5 and states’ developmental delay reporting practices for children ages 3 through 9.

A summary of the six sections and three appendices that make up the 31st Annual Report follows.

Section I. Summary and Analysis of IDEA Section 618 Data and Longitudinal Study Data at the National Level

Section I contains national data pertinent to Parts C and B of IDEA. It contains four subsections. The four subsections focus on infants and toddlers served under IDEA, Part C; children ages 3 through 5 served under IDEA, Part B; students ages 6 through 21 served under IDEA, Part B; and children and students ages 3 through 21 served under IDEA, Part B. The tables and figures provide information about the characteristics of children and students receiving services under Parts C and B, their disabilities, the settings in which they receive services, their transitions as they move from early childhood through elementary and secondary school and into adult life, their disciplinary removals and their legal disputes. Also addressed are the characteristics of the personnel employed to provide special education and related services for the children and students. To the extent possible, the data are presented through tables, figures and bulleted text. Data are included for the 50 states, the District of Columbia, Puerto Rico and the outlying areas (American Samoa, Guam, the Northern Mariana Islands and the Virgin Islands). In addition, the report presents data for special education and related services provided under IDEA, Part B, for Bureau of Indian Education (BIE) schools administered by the U.S. Department of the Interior.

Section II. Summary and Analysis of IDEA Section 618 Data at the State Level

Section II contains state-level data regarding Part C and Part B of IDEA. Similar to Section I, this section is organized into four subsections. The first subsection presents information about infants and toddlers served under IDEA, Part C, while the second and third subsections present information about children ages 3 through 5 and students ages 6 through 21 served under IDEA, Part B, respectively. The fourth subsection provides information about children and students ages 3 through 21 served under IDEA, Part B. The subsections address questions about the characteristics of children and students receiving services under Parts C and B, their disabilities, the settings in which they receive services, their transitions as they move from early childhood through elementary and secondary school and into adult life, their disciplinary removals and their legal disputes. Also addressed are the characteristics of the personnel employed to provide special education and related services for the children and students. The data presented in tables and discussed in the bulleted text represent the 50 states, the District of Columbia, BIE schools and Puerto Rico.

Section III. Findings and Determinations Resulting From Reviews of State Implementation of IDEA

Sections 616(d) and 642 of IDEA requires the secretary to make an annual determination as to the extent to which each state’s Part B and Part C programs are meeting the requirements of the statute. To fulfill this requirement, the secretary considers each state’s State Performance Plan (SPP) and Annual Performance Report (APR). Based on the information provided by the state in the SPP and APR, information obtained through monitoring visits and any other public information made available, the secretary determines if the state meets the requirements and purposes of IDEA, needs assistance in implementing the requirements, needs intervention in implementing the requirements or needs substantial intervention in implementing the requirements. In June 2008, the Department issued determination letters on implementation of IDEA to 60 state educational agencies for Part B and to 56 lead agencies for Part C. Section III presents the results of the determinations.

Section IV. Summary of Research Conducted Under Part E of the Education Sciences Reform Act of 2002

When Congress reauthorized IDEA in December 2004, it amended the Education Sciences Reform Act of 2002 (P.L. 107-279) by adding a new Part E to that act. The new Part E established the National Center for Special Education Research (NCSER) as part of the Institute of Education Sciences (IES). NCSER began operation on July 1, 2005. As specified in section 175(b) of the Education Sciences Reform Act of 2002, NCSER’s mission is to

  • Sponsor research to expand knowledge and understanding of the needs of infants, toddlers and children with disabilities in order to improve the developmental, educational and transitional results of such individuals;
  • Sponsor research to improve services provided under and support the implementation of IDEA (20 U.S.C. 1400 et seq.); and
  • Evaluate the implementation and effectiveness of IDEA in coordination with the National Center for Education Evaluation and Regional Assistance.

Section IV of this report describes the 25 research projects funded by fiscal year (FY) 2008 grants made by NCSER under Part E of the Education Sciences Reform Act of 2002.

Section V. Summary of Studies and Evaluations Under Section 664 of IDEA

In the December 2004 reauthorization of IDEA, Congress required the secretary to delegate to the director of IES responsibility to carry out studies and evaluations under in sections 664(a), (b) and (c) of IDEA. As specified in section 664(a) of IDEA, IES, either directly or through grants, contracts or cooperative agreements awarded to eligible entities on a competitive basis, assesses the progress in the implementation of IDEA, including the effectiveness of state and local efforts to provide

  1. FAPE to children with disabilities and
  2. early intervention services to infants and toddlers with disabilities and infants and toddlers who would be at risk of having substantial developmental delays if early intervention services were not provided to them.

As specified in section 664(c) of IDEA, IES is required to carry out a national study or studies that will inform efforts to ensure accountability for students who are held to alternative achievement standards. This section describes the studies and evaluations authorized by sections 664(a) and (c) of IDEA and supported by IES with FY 2008 funds.

Section VI. Extent and Progress of the Assessment of National Activities

Under section 664(b) of IDEA (as amended in 2004), the secretary is responsible for carrying out a “national assessment” of activities carried out with federal funds under IDEA. As delegated by the secretary, IES is carrying out this national assessment to

  1. determine the effectiveness of IDEA in achieving the law’s purpose;
  2.  provide timely information to the president, Congress, the states, local educational agencies and the public on how to implement IDEA more effectively; and
  3. provide the president and Congress with information that will be useful in developing legislation to achieve the purposes of IDEA more effectively.

The national assessment is designed to address specific research questions that focus on

  1.  the implementation and impact of programs funded under IDEA in addressing developmental and academic outcomes for children with disabilities,
  2. identification for early intervention and special education,
  3. early intervention and special education services and
  4. early intervention and special education personnel.

Studies funded in FY 2008 that contribute to the national assessment are described in Section VI.

Appendix A. Infants, Toddlers, Children and Students Served Under IDEA, by Age Group and State

Appendix A presents the number and percentage of the resident population of infants and toddlers birth through age 2 served under IDEA, Part C, children ages 3 through 5 served under IDEA, Part B, students ages 6 through 21 served under IDEA, Part B, and students ages 14 through 21 served under IDEA, Part B, in 2007, by state (including the District of Columbia, BIE schools, Puerto Rico and the four outlying areas).

Appendix B. Developmental Delay Data for Children Ages 3 Through 5 and Students Ages 6 Through 9 Served Under IDEA, Part B

Appendix B presents information on states that reported children ages 3 through 5 and students ages 6 through 9 served under IDEA, Part B, under the category of developmental delay. It also provides child count data on children ages 3 through 5 and students ages 6 through 9 classified with developmental delay, percentage of the resident population of these children and students and information on the relative likelihood of being served under IDEA, Part B, for developmental delay by race/ethnicity.

Appendix C. Differences in State Reporting of IDEA, Part B, Disabilities

Appendix C presents information on the states that reported children and students ages 3 through 21 with other health impairments and multiple disabilities in different categories for IDEA, Part B, child count and educational environments data collections in 2007 and the exiting and discipline data collections for 2006–07.

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Footnotes:

* When referring to a “highly qualified teacher,” the term “highly qualified” has the meaning given the term in section 9101 of the Elementary and Secondary Education Act (ESEA) of 1965, as amended by the No Child Left Behind Act of 2001. For a highly qualified special education teacher, the term “highly qualified” has the same meaning given the term in ESEA, as amended, except that such term also includes the requirements described in section 602(10)(B) of IDEA, and the option for teachers to meet the requirements of section 9101 of ESEA, as amended, by meeting the requirements of section 602(10)(C) or (D) of IDEA [see 20 U.S.C. §1401(10)].

The year in the title reflects the U.S. Department of Education’s target year for submitting the report to Congress. The most current findings are based on data collected from July 2006 through December 2007.

Section 618 data consist of (1) the number of infants and toddlers served under IDEA, Part C, the settings in which they receive program services and information on their transition at age 3 out of Part C; and (2) the number of children and students served under IDEA, Part B, the environments in which they receive education, information on their exiting special education services, the personnel employed to provide educational services to them, disciplinary actions that affect them and dispute resolution information.

§ This descriptor and other section 618 data descriptors in this report are italicized within table and figure titles, text and notes to clarify that the reference is to a grouping of data.

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Last Modified: 11/16/2012