04.24.19

By: Nicole Gaudiano
Source: Politico Pro

GAO: Inconsistent state policies may affect special education enrollment

Inconsistent state policies and trouble identifying and evaluating some children suspected of having disabilities may contribute to disparities in special education enrollment across states, a GAO report released Wednesday found.

Percentages vary across states of those served under the Individuals with Disabilities Education Act, the federal law that requires states to ensure that all children with disabilities who need special education services are identified, located and evaluated. In the fall of 2016, the percentages of those age 6 through 21 served in states ranged from 6.4 to 15.1 percent.

Top Democrats on key congressional committees say the findings point to inadequate oversight by the Education Department of “Child Find” policies, which are generally implemented by local school districts.

Instead of examining the effectiveness of state practices, the department is only reviewing whether states are completing those practices on time, according to Rep. Bobby Scott (D-Va.), chairman of the House Education and Labor Committee, and Sen. Patty Murray (D-Wash.), ranking Democrat on the Senate HELP Committee, who both requested the report.

“The GAO’s report reveals how the combination of inconsistent state policies and inadequate federal oversight continues to allow thousands of young people with disabilities to fall through the cracks,” Scott said in a statement.

Murray said the Education Department needs to do more to make states uphold the law and “provide guidance to effectively identify children and families in need to prevent scattershot approaches from leaving some without educational services and supports.”

“I’m going to keep up the pressure on Secretary DeVos and the Department of Education to give this issue the oversight it deserves and make sure every state is taking proper steps to help students with disabilities get the support they need,” she said.

Department spokesperson Liz Hill said in a statement: "While the department is in the process of thoroughly reviewing GAO’s final report, we are committed to ensuring that every child with a disability receives the special education and related services to which they are entitled under IDEA. This Administration will enforce IDEA as intended by Congress and will continue its work with states on implementation.

"The Department has repeatedly expressed concern over some of the previous Administration’s policies that will result in the failure to identify every eligible child under IDEA. This administration is focused on ensuring every student is treated as an individual and not reduced to a statistic or quota."

GAO visited officials from Colorado, Iowa, Massachusetts and New York as part of its research.

Advocates, special education specialists and state and local officials from the four states told GAO they face challenges in identifying and evaluating those suspected of having a disability. That can affect who is eligible for services.

School district officials, for instance, in the four states said they had trouble evaluating English learner students because districts don’t always have staff who speak the child’s first language and who can distinguish language proficiency from disabilities.