Special Education A Washington Roundup

Federal Court Rebuffs Illinois NCLB Challenge

By Andrew Trotter — August 09, 2005 1 min read

A federal district judge in Chicago has dismissed a lawsuit claiming that the No Child Left Behind Act conflicts with the Individuals with Disabilities Education Act.

The Ottawa, Ill., high school and elementary school districts, which together enroll nearly 3,700 pupils, and four of their special education students contended that the districts were required to make systematic changes without regard to the students’ individualized education plans required by the IDEA. The districts had failed to make adequate yearly progress with respect to special education students.

But Judge David H. Coar of the U.S. District Court in Chicago ruled July 20 that the plaintiffs failed to show that the students were injured by the changes.

The districts plan to refile their suit against the Department of Education by Aug. 25, as permitted by Judge Coar, according to Thomas Jobst, the superintendent of the Ottawa High School District.

A version of this article appeared in the August 10, 2005 edition of Education Week

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