William J. Brennan, Jr.

“ It would be one thing to tell Congress how in the future the Court will measure Congress' intent. That at least would ensure that Congress and this Court were operating under the same rules at the same time. But it makes no sense whatsoever to test congressional intent using a set of interpretative rules that Congress could not conceivably have foreseen at the time it acted-rules altogether different from, and much more stringent than, those with which Congress, reasonably relying upon this Court's opinions, believed itself to be working. See Atascadero, supra, at 255, n. ”

“ State shall not be immune under the Eleventh Amendment" actually tells us something about Congress' intent when it enacted the EHA. The 1986 amendment was a response to Atascadero, tailored to overrule a decision that had misinterpreted Congress' intent in the Rehabilitation Act of 1973 to abrogate state immunity. If Congress' reaction to Atascadero tells us anything, it is that Congress prior to that decision believed it could effectively express its intent to abrogate immunity without resorting to the degree of textual clarity the Court demands in this case. ”

“ It is the state educational agency that is "responsible for assuring that the requirements of [EHA Subchapter II, dealing with federal assistance for education of handicapped children] are carried out and that all educational programs for handicapped children within the State, including all such programs administered by any other State or local agency, [are] under the general supervision of the persons responsible for educational programs for handicapped children in the State educational agency." ”

“ Indeed, in those situations where a State has elected to provide educational services to the handicapped directly, or where under the EHA it is required to provide direct services, the State would appear to be the only proper defendant in a federal action to enforce EHA rights. ”

“ This solely textually based interpretation of the EHA is supported by the statute's legislative history. Senator Williams, a primary author of the EHA, explained to Congress that, under the Act,
"it should be clear that a parent or guardian may present a complaint alleging that a State or local educational agency has refused to provide services to which a child may be entitled or alleging that a State or local educational agency has erroneously classified a child as a handicapped child." ”