Are Appropriate Educational Programs Operationally Achievable Under Mandated Promises of P.L. 94-142?

Abstract

The author discusses financial and administrative obstacles to successful implementation of P.L. 94-142. He points out that P.L. 94-142 has established new and higher performance objectives for special education without providing sufficient monetary resources. Despite the limited resources, the special education cost spiral continues upward. A major administrative obstacle to the implementation of the Law is the failure of its drafters to recognize the importance of the local special education administrator in carrying through on the Law's provisions and intent. In marked contrast to other special education legislation, which is generally limited to broad policy statements, P.L. 94-142 hands down specific policies and operational procedures. However, the need to prepare the local administrative cadre on whom falls the burden of implementation has not been addressed. External mandates alone cannot ensure change in the quality of services delivered to exceptional children. Yet the leadership training needs of local administrators, especially directors of special education, have been ignored by the Law. Class placement is discussed. It is suggested that special education is referenced to a type of student; this is in contrast to regular education programs, which are defined by the subject-matter content. In this sense, special education is "population sensitive," not "content sensitive." P.L. 94-142 has shifted emphasis from population characteristics to settings, with a decided trend toward placement in the least restrictive environment. Either approach loses sight of the meaning of diagnosis, classification, and labeling. A range of placement alternatives is needed, not a narrow interpretation of federal mandate. Regarding the individualized education program (IEP), the author calls for some uniformity in practice, codification of objectives, and materials so as to capitalize on the information about learner characteristics and programs. The IEP, if codified and unified, could be the basis of a data-collection process providing invaluable information to state and local education agencies and to Congress. These issues are cited in support of the author's basic thesis that "appropriate special education curricula cannot be mandated." Best educational practices will not evolve from legal mandates or governmental directives; rather, our best hope lies in programs and curricula developed by day-to-day teachers of exceptional children exploring alternatives of appropriate education and service.