[Congressional Record Volume 141, Number 189 (Wednesday, November 29, 1995)]
[Senate]
[Pages S17763-S17764]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     20TH ANNIVERSARY OF PUBLIC LAW 94-142, THE EDUCATION FOR ALL 
                   HANDICAPPED CHILDREN ACT OF 1975.

  Mr. HARKIN. Mr. President, today marks the 20th anniversary of the 
signing of Public Law 94-142, the Education for All Handicapped 
Children Act, now known as Part B of the Individuals with Disabilities 
Education Act [IDEA].
  On that fall day two decades ago, we literally changed the world for 
millions of children with disabilities. At that time, over 1 million 
children with disabilities in the United States were excluded entirely 
from the public school system, and more than half of all children with 
disabilities were not receiving appropriate educational services.
  On that day, we exclaimed that the days of exclusion, segregation, 
and denial of education of disabled children are over in this country.
  On that day we sent a simple, yet powerful message heard around the 
world: disability is a natural part of a child's experience that in no 
way diminishes the fundamental right of a disabled child to receive a 
free and appropriate public education.
  On that day, we also sent a powerful message that families count and 
they must be treated as equal partners in the education of their 
children.
  On that day we lit a beacon of hope for millions of children with 
disabilities and their families.
  Since the enactment of Public Law 94-142, considerable progress has 
been made in fulfilling the message that was conveyed by the Congress 
in 1975.
  Today, 20 years later, every State now ensures a free appropriate 
public education to all children with disabilities between the ages of 
3 and 18, and most States extend that provision through age 21. Over 5 
million children with disabilities are now receiving special education 
and related services. And all States now provide early intervention 
services to infants and toddlers with disabilities from birth through 
age two and their families.
  Today, the beacon of hope is burning bright. As one parent from Iowa 
recently told me:

       Thank God for IDEA. IDEA gives us the strength to face the 
     challenges of bringing up a child with a disability. It has 
     kept our family together. Because of IDEA our child is 
     achieving academic success. He is also treated by his 
     nondisabled peers as ``one of the guys.'' I am now confident 
     that he will graduate high school prepared to hold down a job 
     and lead an independent life.

  In May, Danette Crawford, a senior at Urbandale High School in Des 
Moines testified before the Disability Policy Subcommittee. Danette, 
who has cerebral palsy, testified that:

       My grade point average stands at 3.8 and I am enrolled in 
     advanced placement courses. The education I am receiving is 
     preparing me for a real future. Without IDEA, I am convinced 
     I would not be receiving the quality education that Urbandale 
     High School provides me.

  Mr. President, these are not isolated statements from a few parents 
in Iowa. They are reflective of the general feeling about the law 
across the country. The National Council on Disability [NCD] recently 
conducted 10 regional meetings throughout the Nation regarding progress 
made in implementing the IDEA over the past 20 years. In its report, 
NCD stated that ``in all of the 10 regional hearings * * * there were 
ringing affirmations in support of IDEA and the positive difference it 
has made in the lives of children and youth with disabilities and their 
families.'' The report adds that ``all across the country witnesses 
told of the tremendous power of IDEA to help children with disabilities 
fulfill their dreams to learn, to grow, and to mature.''
  Anniversaries are a time to celebrate; but they are also a time to 
reflect. So, as we look back on the enactment of IDEA, we must also 
step back and ask some basic questions: Has the IDEA resulted in full 
equality of educational opportunity for all children with disabilities? 
Should we be satisfied with the educational outcomes we are achieving; 
can we do better?
  From the four hearings held by the Subcommittee on Disability Policy, 
it is clear to me that major changes in IDEA are not needed nor wanted. 
IDEA is as critical today as it was 20 years ago, particularly the due 
process protections. These provisions level the playing field so that 
parents can sit down as equal partners in designing an education for 
their children.
  The witnesses at these hearings did make clear, however, that we need 
to fine-tune the law, in order to make sure that children with 
disabilities are not left out of educational reform efforts that are 
now underway, and to take what we have learned over the past 20 years 
and use it to update and improve this critical law.
  Based on 20 years of experience and research in the education of 
children with disabilities, we have reinforced our thinking and 
knowledge about what is needed to make this law work, and we have 
learned many new things that are important if we are to ensure an equal 
educational opportunity for all children with disabilities:
  For example, our experience and knowledge over the past 20 years have 
reaffirmed that the provision of quality education and services to 
children with disabilities must be based on an individualized 
assessment of each child's unique needs and abilities; and that, to the 
maximum extent appropriate, children with disabilities must be educated 
with children who are not disabled and children should be removed from 
the regular educational environment only when the nature and severity 
of the disability is such that education in regular classes with the 
use of supplementary aids and services cannot be achieved 
satisfactorily.
  We have also learned that students with disabilities achieve at 
significantly higher levels when schools have high expectations--and 
establish high goals--for these students, ensure their access to the 
general curriculum--whenever appropriate--and provide them with the 
necessary services and supports. And there is general agreement that 
including children with disabilities in general State and district-wide 
assessments is an effective accountability mechanism and a critical 
strategy for improving educational results for these children.
  Our experience over the past 20 years has underscored the fact that 
parent participation is a crucial component in the education of 
children with disabilities, and parents should have meaningful 
opportunities, through appropriate training and other supports, to 
participate as partners with teachers and other school staff in 
assisting their children to achieve to high standards. And we also know 
how critical it is for school administrators to have the tools they 
need to ensure school environments that are safe and conducive to 
learning.
  There is general agreement today at all levels of government that 
State and local educational agencies must be responsive to the 
increasing racial, ethnic, and linguistic diversity that prevails in 
the Nation's public schools today. Steps must be taken to ensure that 
the procedures used for referring and evaluating children with 
disabilities include appropriate safeguards to prevent the over- or 
under-identification of minority students requiring special education. 
Services, supports, and other assistance must be provided in a 
culturally competent manner. And greater efforts must be made to 
improve post-school results among minority students with disabilities.
  The basic purposes of Public Law 94-142 must be retained under the 
proposed reauthorization of IDEA: To assist States and local 
communities meet their obligation to ensure that all children with 
disabilities have available to them a free appropriate public education 
that emphasizes special education and related services designed to meet 
the unique needs of these children and enable them to lead productive 
independent adult lives; to ensure that the rights of children with 
disabilities and their parents are protected; and to assess and ensure 
the effectiveness of efforts to educate children with disabilities.
  We also need to expand those purposes to promote the improvement of 
educational services and results for children with disabilities and 
early intervention services for infants and toddlers with 
disabilities--by assisting or supporting systems change initiatives by 
State educational agencies in partnership with other interested 
parties, coordinated research and personnel preparation, and 
coordinated technical assistance, dissemination, and 

[[Page S 17764]]
evaluation, and technology development and media services.
  The progress that has been made over the past 20 years in the 
education of children with disabilities has been impressive. However, 
it is clear that significant challenges remain. We must ensure that 
this crucial law not only remains intact as the centerpiece for 
ensuring equal educational opportunity for all children with 
disabilities, but also that it is strengthened and updated to keep 
current with the changing times.
  In closing, Mr. President, I would like to quote Ms. Melanie Seivert 
of Sibley IA, who is the parent of Susan, a child with Downs Syndrome. 
She states:

       Our ultimate goal for Susan is to be educated academically, 
     vocationally, [and] in life-skills and community living so as 
     an adult she can get a job and live her life with a minimum 
     of management from outside help. Through the things IDEA 
     provides * * * we will be able to reach our goals.
       Does it not make sense to give all children the best 
     education possible? Our children need IDEA for a future.

  Mr. President, IDEA is the shining light of educational opportunity. 
And, on this the 20th anniversary of the IDEA, we in the Congress must 
make sure that the light continues to burn bright. We still have 
promises to keep.
  Mr. President, I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. THOMAS. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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