Education A State Capitals Roundup

Delaware Sued Over Rules on Students With Disabilities

By Michelle R. Davis — December 13, 2005 1 min read

A Delaware school district sued the state department of education last week, arguing that unfair state regulations have caused two of its elementary schools to fail to meet accountability targets under the federal No Child Left Behind Act.

The 16,000-student Red Clay Consolidated School District in Wilmington filed the lawsuit in state court Dec. 7, seeking to overturn a rule that counts test scores of special education students as part of the results from their home schools, even if those youngsters attend alternative schools.

One of the schools is facing sanctions after being labeled “in need of improvement” for the fourth year in a row because of the scores of 35 special education students who live in its attendance zone but are enrolled elsewhere, according to the district.

State Secretary of Education Valerie Woodruff called the lawsuit “disappointing” and said the regulation encourages schools to take responsibility for special education students taught at separate schools and ultimately help them move back to their original schools.