Americans for Autism Advocacy Statement on US Department of Education Release of IDEA Act Report Cards

The U.S. Department of Education issued its annual release of determination letters of state level compliance of the Individuals with Disabilities in Education (IDEA) Act on June 21, 2024.

The key findings of the IDEA Act Determination Letters are:

• 20 states and one federal territory were fully compliant with both Part B of the IDEA Act in 2024.

• 30 states were fully compliant with Part C of the IDEA Act in 2024.

• Only 12 states were fully  compliant with both parts B and C of the IDEA Act in 2024.

• • A total of 24 states, six federal territories, and the District of Columbia were rated as needing assistance for two consecutive years for not meeting IDEA Act Part B Standards.

  • A total of 12 states, three federal territories, and the District of Columbia were rated as needing assistance for two consecutive years for not meeting IDEA Act Part C Standards.

• The states of California and Rhode Island will require federal intervention for failing to meet IDEA Act Part C Standards for three consecutive years.

Part B of the IDEA act governs special education services for individuals ages three (3) to twenty-one (21) years old.  Part C of the IDEA act governs the delivery of special education services for individuals at birth to two years old.  Any state that fails to meet federal special education standards for more than two years in a row is referred to the Department of Education for federal monitoring.

The fact that 12 states are fully meeting federal special education standards should be alarming to both the Biden-Harris Administration and state governors.  Special education stakeholders dodged accountability for failing to meet special education standards for too long.  The last time Congress addressed improving federal special education standards was in 2004.  Twenty years have passed since Congress demanded increased standards for special education instruction.

Americans for Autism Advocacy proposes the following reforms for special education funding and standards:

1. Moving federal special education funding from a non competitive formula to an incentive based system.

2. Threaten to revoke special education funding for states that fail to continually comply with federal standards.

3. Provide incentives for states to earn increased special education funding if they aim to eliminate abhorrent practices such as banning seclusion and restraint.

4. Increasing funding for states that allow applied behavior analysis (ABA) technicians to work in the classrooms with students.

5. Encouraging states to improve awareness of mental health resources for students and increase access to trained professionals.

America needs a Congress and a President to work together to ensure the next generation of special education students can succeed not just in the classroom but in society as well. The 2024 release of the IDEA Act determination letters should be a wake-up call to education stakeholders and elected officials that the era of low expectations must end for all neurodiverse Americans to propser.