Tennessean April 09, 2008

HEADLINE: Tailor the standard to the individual

By JOSEPH FISHER

Two federal laws, the Individuals with Disabilities Education Act (IDEA) and No Child Left Behind, are extremely important for all children, and yet there are aspects of the two laws that have competing requirements.

NCLB, passed in 2002, is the latest version of the Elementary and Secondary Education Act (Title 1), first passed in 1965, and was designed to improve the academic performance of our nation's students who were in poverty and/or disadvantaged. IDEA focuses on the individual child and requires all schools provide free, appropriate public education for all children with disabilities.

IDEA requires that an individualized education program (IEP) be developed for each child who has a qualifying disability. Each child's IEP outlines goals and identifies the instructional strategies and related services that must be provided to give the child the opportunity to participate and make progress in the same curriculum that is used for all children.

The basic principles of NCLB are accountability and using scientifically based materials and programs. NCLB seeks to raise the academic achievement level for all students and close the achievement gap between student groups that have been historically different. States must raise the math and reading achievement to proficiency by 2014. NCLB requirements are: 1) Adequate Yearly Progress (AYP); 2) assurances every subgroup is included and measured; 3) high accountability; 4) instruction provided by highly qualified personnel.

Reconciling two laws
To align IDEA with NCLB, Congress reauthorized IDEA in 2004, requiring special-education teachers to be "highly qualified" in "core subject areas" and promotes use of "early intervening services" in the general education program to help children falling behind to make progress.

What is happening as a result of NCLB is that all children, including those who have very severe learning disabilities, are measured on a school-by-school basis. When data are analyzed, there are significant numbers of schools that are not reaching the AYP standard because the progress of students within the special-ed subgroup falls below the district's goal.

While this can be seen as troubling, of more importance to those who work with children with disabilities is the fact that for some children, the emphasis NCLB places on academic performance is leading states to raise requirements for all children. Although it is true people often achieve at various levels depending on the standards that are set, it is very important that the standard be appropriate for the person in the program — as Stephen Covey says, "Make sure that your ladder of success is leaning on the right wall!"

As with tennis shoes, one size does not fit all. This is not rocket science but this concept seems extremely difficult for some people to understand. For some children who have disabilities, the regular curriculum standards that have been set under NCLB are fine; however, for many children who have disabilities, forcing all children to be viewed the same runs the risk of damaging the child and ignores the individual needs and rights under IDEA.