Education for All Handicapped Children Act

(Measure passed House, amended, roll call #450 (375-44))

Education for All Handicapped Children Act - States the findings of the Congress, including that: (1) the special educational needs of handicapped children are not being fully met; (2) one million of the handicapped children in the United States are excluded entirely from the public school system and will not go through the educational process with their peers; and (3) it is in the national interest that the Federal Government assist State and local efforts to provide programs to meet the educational needs of handicapped children in order to assure equal protection of the laws.

Describes the purposes of this Act, including to insure that all handicapped children have available to them special education and related services designed to meet their unique needs. Defines the terms used in this Act.

Provides that the Commissioner of Education shall, in accordance with provisions of the Education of the Handicapped Act, make payments to State educational agencies for grants made for assistance in providing full educational opportunity to all handicapped children. States that such allotments shall be in an amount equal to the product of the number of handicapped children in the school district of the local educational agency who are enrolled in programs of free appropriate public education meeting the criteria established in this Act, and 50 percent of the average per pupil expenditure in public elementary and secondary schools in the United States.

Provides that each State shall be entitled to a level of funding which is at least equal to the level of funding which that State received for fiscal year 1977, or $300,000, whichever is greater.

Sets forth requirements for eligibility including the following which a State must demonstrate to the Commissioner: (1) the State has in effect a policy that assures all handicapped children the right to a free appropriate public education; (2) the State has developed a plan which requires it to assure that a free appropriate public education will be available for all handicapped children within the State not later than September 30, 1978; and (3) the State has established an advisory panel to advise the State educational agency of unmet needs within the State in the education of handicapped children.

Provides that applications for assistance submitted by a local educational agency should provide satisfactory assurance that there is a policy assuring all handicapped children the right to a free appropriate public education, an individualized education program for each handicapped child, and a grievance procedure.

States that if a State educational agency determines that a local educational agency is unable or unwilling to establish handicapped children programs which meet the criteria set forth in this Act, it may provide special education and related services directly to handicapped children.

States that, in carrying out the responsibilities under this part, the Commissioner shall conduct directly, or by grant or contract, such studies, investigations, and evaluations as are necessary to assure effective implementation of this Act.

Requires that each fiscal year the Commissioner shall submit to the appropriate committees of Congress a full and complete report on the activities carried out under this Act.

Requires local educational agencies receiving assistance under this Act to establish and maintain a grievance procedure.

Authorizes the Secretary of Health, Education and Welfare to enter into agreements with institutions of higher education and educational agencies for the establishment and operation of centers on educational media and materials for the handicapped.

Authorizes the Commissioner to make grants to pay part or all of the cost of altering existing buildings and equipment (Public Law 90-480), for the removal of architectural barriers.