Special Education

Suit Says NCLB’s Demands Conflict With Those of IDEA

By Christina A. Samuels — February 15, 2005 1 min read
  • Save to favorites
  • Print

Two Illinois school districts have sued the U.S. Department of Education, claiming that some of the accountability measures of the No Child Left Behind Act should be invalidated because they are in direct conflict with the Individuals with Disabilities Education Act.

The 1,630-student Ottawa High School District 140, the 2,055-student Ottawa Elementary School District 141, and the parents of four students who attend schools in the districts filed the lawsuit in the U.S. District Court in Chicago on Feb. 3. Also named as a defendant was the Illinois state board of education.

Raymond A. Hauser, the lawyer representing the districts, said that the IDEA’S requirement that each special education student have an individualized education plan is contrary to the requirement under the No Child Left Behind law that special education students count as one subgroup whose test results help determine whether a school makes adequate yearly progress, the key measure for holding schools accountable under the law.

Getting a group of students to meet the goal of passing the state test required under the No Child Left Behind law demands a “categorical, systematic plan,” Mr. Hauser said, and that would require educators to adjust students’ IEPs to meet one goal, to the detriment of some children in special education.

“There are some kids who fall into this who are never going to meet state standards,” he said.

First Such Case

The suit asks the court to invalidate the sections of the No Child Left Behind Act that deal with the requirement to test students and the provisions for improvement of schools that do not make adequate yearly progress.

Tom Hutton, a staff lawyer with the National School Boards Association in Alexandria, Va., said the Illinois lawsuit is the first to claim that the No Child Left Behind law is in conflict with the IDEA.

The Illinois state board just received the suit and will be coordinating its response with the state attorney general’s office, said Naomi Velasquez-Greene, a spokeswoman for the board. The federal Education Department has no comment on pending litigation, said Ed Walsh, a department spokesman.

A version of this article appeared in the February 16, 2005 edition of Education Week as Suit Says NCLB’s Demands Conflict With Those of IDEA

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Assessment Webinar
3 Key Strategies for Prepping for State Tests & Building Long-Term Formative Practices
Boost state test success with data-driven strategies. Join our webinar for actionable steps, collaboration tips & funding insights.
Content provided by Instructure
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Promoting Integrity and AI Readiness in High Schools
Learn how to update school academic integrity guidelines and prepare students for the age of AI.
Content provided by Turnitin

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Special Education How Schools Make Up for the Feds' Unfulfilled Special Ed. Funding Commitment
Congress has never met a 50-year-old funding commitment it made for special education services.
6 min read
Vector of a teacher hand holding puzzle piece bridging the gap in primary education for children
iStock/Getty Images
Special Education What Educators Need to Know About Dyslexia—and Why It's Not Something to 'Fix'
Curing dyslexia isn't an option, say experts. But with today's resources, there's a lot of reason for optimism.
6 min read
Illustration of a young woman looking up at a very large wave of letters, numbers, pencils, and paint brushes looming over her head.
iStock/Getty
Special Education Biden Administration Scraps Medicaid Change for Special Ed. Services
The proposal aimed to streamline how schools bill Medicaid for the mental health and medical services they provide to students.
4 min read
Scarlett Rasmussen, 8, watches a video on her tablet as mother, Chelsea, administers medication while they get ready for school, Wednesday, May 17, 2023, at their home in Grants Pass, Ore. Chelsea, has fought for more than a year for her daughter, Scarlett, to attend full days at school after starting with a three-day school week. She says school employees told her the district lacked the staff to tend to Scarlett’s medical and educational needs, which the district denies. Scarlett is nonverbal and uses an electronic device and online videos to communicate, but reads at her grade level. She was born with a genetic condition that causes her to have seizures and makes it hard for her to eat and digest food, requiring her to need a resident nurse at school.
Scarlett Rasmussen, 8, watches a video on her tablet as mother, Chelsea, administers medication while they get ready for school, May 17, 2023, at their home in Grants Pass, Ore. The Education Department has scrapped a proposal that would have changed the process for how schools bill Medicaid for services they provide to students.
Lindsey Wasson/AP
Special Education Schools Lag in IDing Kids Who Need Special Education. Are They Catching Up?
Schools in one state are making progress addressing a pandemic-fueled backlog of special education identifications.
5 min read
Illustration of a young girl with hands on her head, having difficulty reading with scrambled letters on the pages of an open book.
iStock/Getty