I was only a lowly TA so I saw these issues from afar, but I would add that, on a more optimistic note, I don't think I've ever met an instructor who wouldn't do whatever he or she had to do to support someone with special needs. As you suggested, metrics do not tell the whole story and certainly metrics for the sake of metrics are not helpful and may in fact be dangerous.

That said there is certainly a lot more work that needs to be done in this area. Hopefully these regulations over time bring out practical positive change. Time will tell.