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

Reading & Literacy K-12 Essentials Forum Supporting Struggling Readers in Middle and High School
Join this free virtual event to learn more about policy, data, research, and experiences around supporting older students who struggle to read.
School & District Management Webinar Squeeze More Learning Time Out of the School Day
Learn how to increase learning time for your students by identifying and minimizing classroom disruptions.
Recruitment & Retention Webinar EdRecruiter 2026 Survey Results: How School Districts are Finding and Keeping Talent
Discover the latest K-12 hiring trends from EdWeek’s nationwide survey of job seekers and district HR professionals.

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 What a New Dyslexia Definition Could Mean for Schools
An updated definition put forth by an international group of researchers could identify more students.
5 min read
Students in the online blended learning class at the ALLIES School in Colorado Springs, Colo., work with programs like ST Math and Lexia, both created for students with dyslexia, on April 7, 2023.
Under a new definition, students wouldn't need to have "unexpected" learning gaps to be identified for dyslexia services. Students in the online blended learning class at the ALLIES School in Colorado Springs, Colo., work with literacy programs created for students with dyslexia, on April 7, 2023.
Jaclyn Borowski/Education Week
Special Education Parents Should Continue to File Disability Rights Complaints, Say Special Ed. Advocates
Continuing to file them puts pressure on the Ed. Dept. to enforce special ed. laws.
4 min read
Image of a hand raising a red flag.
DigitalVision Vectors
Special Education Fragmented Federal Education Plan Could Harm Students With Disabilities, Advocates Warn
Parceling out Ed. Dept. work to other agencies risks weakening enforcement of disability rights laws, groups warn.
5 min read
Human hands surrounded boy reading book with kindness.
iStock/Getty
Special Education Spotlight Spotlight on Unlocking Potential: Building Resilience and Support for Students with Dyslexia
This Spotlight examines dyslexia, the need for social-emotional support, the value of early screening, and the key role teachers and schools play.