IMPLEMENTATION OF PUBLIC LAW 94-142

WHEREAS, the implementation of Public Law 94-142 has resulted in inequitable sharing of education resources for teachers and students and has resulted in financial hardships for local school districts; and

WHEREAS, federal funding of P.L. 94-142 has failed to reach the promised level of 40 percent and currently averages approximately 8 percent; and

WHEREAS, local school districts must expend locally generated tax dollars to provide mandated services that are not funded by the state; and

WHEREAS, unconscionable delays occur in the identification and placement of suspected severe behavior handicapped students; and

WHEREAS, refusal by parents to grant permission for placement of students in a special education program, or in a program at a particular location, results in students not receiving proper educational services and sometimes results in the disruption of education to non-handicapped students; and

WHEREAS, student placement conferences are frequently conducted at a time that prevents or discourages teacher participation; and

WHEREAS, teachers are denied full access to the origination of due-process proceedings that could effect appropriate placement of handicapped students and address other vital educational issues and concerns; and

WHEREAS, the cost to local school districts to pursue due-process proceedings is almost always excessive and therefore discourages such action even when it is in the best interest of the student; and

WHEREAS, local school districts are forced to pay parent attorney fees if any relief is granted that in turn invites parents and their legal counsel to irresponsibly pursue proceedings; and

WHEREAS, efforts to place students with identified handicaps in the least-restrictive environment, often in a regular education classroom, add to the demands on that teacher while providing no relief or support to the regular education teachers; and

WHEREAS, severely disabled youngsters including those who are medically fragile or who have very low cognitive and sensory functioning and who are extremely violent and disruptive are placed in public school settings that result in the disproportionate allocation of staff time and monetary resources and thus encourages parents of regular education students to place their students in non-urban or private schools; and

WHEREAS, "stay-put" judicial rulings result in handicapped students, many of whom are extremely disruptive and violent, being required to remain in inappropriate placements that endanger or interfere with the education of other students for months or years while due-process and other court proceedings progress; and

WHEREAS, governing boards of regional instructional resource centers and state adviso@ councils frequently include no, or only token, representation by teachers; and

WHEREAS, handicapped students are protected from local school district suspension and expulsion codes thereby preventing students from adjusting to the mainstream; and

WHEREAS, school systems have few or no realistic options in providing services to extremely disruptive or violent handicapped students; and

WHEREAS, parent responsibilities are ignored in federal and state laws and regulations:

RESOLVED, that the AFT lobby for corrective legislation as regards Public Law 94-142 and its various regulations.