Crystal Sparks-Kipps Elementary, Montgomery County

Bill Wheeler-Jefferson Forest High School, Bedford County

NCLB vs. IDEIA

Problems Foreseen1. School administrators might feel pressured to under-report

testing scores (failures) in order to meet AYP.2. School administrators might be tempted to do “creative

scheduling” for students with disabilities to avoid having them take formal assessments.

3. Administrators/Special Education personnel might begin making usurp parental and students’ rights for determining accommodations for students with disabilities.

4. States and school systems might, as a result, adjust graduation requirements by lowering standards to meet graduation requirements per NCLB.

5. Schools might “highly” encourage the Standard Diploma route for students with disabilities from Advanced Studies which require more verified credit courses and courses at higher levels.

Survey SummaryPercent Response

Count Graduate student 5.3% General Education Teacher 10.5% Special Education Teacher 42.1% Counselor 5.3% School Administrator 21.1% Other 15.8%

Do you think that there exists the potential for conflict between NCLB and IDEIA with meeting the needs of children with disabilites in their attempts of obtaining a Standard or Advanced Diploma? Yes 73.7% No 5.3% Unsure 1.1% I am disappointed that IDEIA has so closely aligned itself to NCLB as

I believe that students, especially those with disabilities are being left behind everyday.

Many sped kids can pass the class but have difficulty passing the required assessments.

The overwhelming professional need to have your school accredited and to have it make AYP could cause administrators to make decisions not in the best interest of each student.

NCLB requirements for testing are mandated Our emphasis is to have all of our students on a Standard Diploma

track at least, except for high needs students.

Do you know of, or have heard of incidents where the rights of a child have come into conflict with a school or division which was attempting to make AYP?

No, thankfully most special educators would put their lives on the line to make sure that their students receive the accommodations they need, regardless of what the state says about AYP.

Yes, William Fleming's principal trying to keep sped students from taking the SOL assessments in order to increase their school wide scores.

Do you think that schools and divisions might feel pressured to modify how they approach testing and reporting of students with disabilities?Yes 57.9% No 36.8% Unsure 5.3% VGLA for students that are not working on grade level ALL SCHOOLS FEEL PRESSURE RELATED TO TESTING. There is so much pressure to make AYP and to have students get a standard diploma. Of course schools are pressured to make AYP which might make them leery to test all

students with disabilities as there is a good chance that these students will not pass an SOL or if they do pass the SOL it may not be the first time they take it.

Some schools feel backed into a corner and fear the consequences of not making AYP. Schedule manipulation We comply with the law. Due to 100% pass rate This is for all students not just Sped. I think the pressure is there for all students to pass and I think our division is diligent

in making sure the kids receive accommodations if they are documented as a need

What are some possible conflicts you see between NCLB and IDEIA? Pressuring children to meet goals that are not developmentally

appropriate for them NCLB focuses on testing results, without taking into consideration gains that students make based on their individualized education plans

Impossible standards set for children with disabilities By 2014, not all children will be able to pass all the tests to

make AYP IDEA is individualized to the student. NCLB assumes that all can

achieve equally ( all are supposed to be on grade level by a certain date) & that is not going to happen.

NCLB is creating a whole generation of individuals who are unable to think analytically. To pass the SOLs, all one needs to do is regurgitate facts. Furthermore, NCLB doesn't follow what many great teachers and philosophers such as Vygotsky, Dewey, Piaget, Greenspan, and Gardner have shown and that is that we as individuals develop cognitively at different rates and that some individuals are "intelligent" in different ways than others. As for IDEIA, this legislation was created in the past to protect the rights of students with disabilities, not to make them feel inferior because they cannot or have extreme difficulty attaining the understanding that their nondisabled peers take for granted.

Continued… NCLB assumes that every student can obtain a

standard or advanced diploma and some students' disabilities can hinder this from happening.

The quest to have your school make AYP could cause some administrators to attempt to figure out shortcuts or ways to get around the spirit of the law.

attendance issues Course offerings, modified standard diploma The 100% AYPmark that we are approaching does

not take serious cognitive disabilities into account.

Do you think that States may begin to modify their assessments and graduation requirements to ensure that ALL students can qualify for Standard Diplomas within the next 3 years?

Yes 31.6% No 15.8% Maybe 52.6%

It depends on where the federal govt goes with it. I hope they will but I can't be sure. We can pray that this is true. My attempt but the federal requirements must changeMaybe I am too far out of the loop to know what the states

are planning. We teachers have thought that Virginia will have to lose some of its current modifications (VGLA, VSEP, Modified Standard), not add to them.

I would love to see this happen, especially taking into account the handicapping conditions of students

Do you think that your school system is taking a proactive stance on ensuring that any possible future conflicts that could arise are being addressed now?

yes 47.4% no 21.1% unsure 31.6%

Policieshttp://www.boarddocs.com/vsba/bcsbva/Board.nsf/Pol

icyBooks?OpenFrameSet(Bedford County School Board Policies PROGRAMS FOR STUDENTS WITH DISABILITIES Number: IGBA

http://policy.mcps.org/6-3.11.htm(Policy 6-3.11 Programs for students with disabilities)

http://www.boarddocs.com/vsba/bcsbva/Board.nsf/PolicyBooks?OpenFrameSet

*Graduation requirements (Bedford County)—also mirrors Montgomery County and state of VA requirements

Specific School IssueNovember 11, 2009UPDATED: School board votes to fire

William Fleming Principal Susan WillisA three-member panel recommended the

school board fire Susan Willis.A Department of Education investigation

found Willis was the mastermind behind a SOL cheating scandal at William Fleming.

http://www.wdbj7.com/Global/story.asp?S=11471547

Local Issues

Board of Education awards full accreditation to William Fleming High School

Video Gallery Board of Education awards full accreditation to William Fleming High

School (11/17) Susan Willis spoke for three minutes during the public comment period. Superintendent Rita Bishop tells News7 the allegation that the data is flawed is

untrue. The Virginia Board of Education has awarded full accreditation to William Fleming

High School. The board made the unanimous decision at a meeting Tuesday morning in

Richmond. State Superintendent Patricia Wright said even if all the students in question had failed their respective SOL test, the school as a whole would still pass.

http://www.wdbj7.com/Global/story.asp?S=11521060

History of IDEIAPublic Law 94-142 “All Handicapped

Children Act of 1975”Public Law 101-406 “Individuals with

Disabilities Act” 1990 IDEA Revised version of the 1975 law

In 1997 the law was reauthorized (IDEA 97)NOVEMBER 2004 IDEA become revised as

“Individuals with Disabilities Education Improvement Act”(IDEIA)

NCLB vs. IDEIA The No Child Left Behind Act of 2001 (Pub.L. 107-110, 115 

Stat. 1425, enacted January 8, 2002) “NCLB is the latest federal legislation that enacts the theories of

standards-based education reform, which is based on the belief that setting high standards and establishing measurable goals can improve individual outcomes in education. The Act requires states to develop assessments in basic skills to be given to all students in certain grades, if those states are to receive federal funding for schools. The Act does not assert a national achievement standard; standards are set by each individual state.” (1)

INDIVIDUALS with DISABILITIES EDUCATION IMPROVEMENT ACT (2004)

“The Individuals with Disabilities Education Act (IDEA) is a United States federal law that governs how states and public agencies provide early intervention, special education, and related services to children with disabilities. It addresses the educational needs of children with disabilities from ages birth to 26[1] in cases that involve 13 specified categories of disability.” (2)

(1) http://en.wikipedia.org/wiki/No_Child_Left_Behind_Act (2)

http://en.wikipedia.org/wiki/Individuals_with_Disabilities_Education_Act (3) picture:

http://www.google.com/imgres?imgurl=http://www.gpoaccess.gov/pubpapers/2004/phoa04v1.jpg&imgrefurl=http://www.gpoaccess.gov/pubpapers/2004portv1.html&h=452&w=300&sz=11&tbnid=xueag0F50YzNkM:&tbnh=127&tbnw=84&prev=/images%3Fq%3Dgeorge%2Bw.%2Bbusch&usg=__oVOXds7rlO-PWBPrbyFgVDXUCN8=&ei=WRQbS7anMI2xlAf98cjyCQ&sa=X&oi=image_result&resnum=9&ct=image&ved=0CB8Q9QEwCA

Superintendent MemosProject Graduation

http://www.doe.virginia.gov/info_centers/administrators/superintendents_memos/2009/270-09.shtmlSeptember 25, 2009Remediation grant to assist students needing

verified creditsCan include remedial instruction in English, Math,

Science, History and Social ScienceProvide additional assistance to students with

disabilities

Center for Evaluation & Education PolicyBenefits of NCLB for Students with

DisabilitiesImproved academic achievement for all

studentsImproved behaviorIncreased educational attainmentMore durable peer networksImproved social skills for students with

disabilitiesImproved social emotional growth of students

without disabilitiesIncreased employment rate and job skill level

Center for Evaluation & Education Policy (cont.)Unintended consequences resulting from

NCLB for students with disabilitiesNarrowed curriculumStudents with disabilities as scapegoatsImpact on inclusion and integrationIncreased drop-out and retention rate

Are NCLB and IDEIA conflicting mandates?

How will this impact us as new school leaders?Will have to monitor student modifications more

closely than administrators in the pastWill have to take a more active role in IEP/504

management within the schoolAffect the annual budget for the school to provide

more resources for students and teachers which may take funding away from other areas and departments

School Improvement Plans and Administrative goals will have to be more substantial in content and measurable in how they are presented

Might cause restructuring of teaching assignmentsLonger planning goals for the school to reach NCLB

goal for 2014

ISSLC’s associated with the problemTo ensure the success of ALL students I will…Standard 1—create or modify the school’s vision on how Standard 2---develop a more comprehensive curriculum

plan to meet the needs of all students Standard 3----will take a more proactive role in the

management of IEP/504 planning Standard 4----finding ways to meet the needs of the

students and their families to ensure the child’s successStandard 5---must ensure that all students are treated

fairly and their rights are protected while meeting NCLB requirements

Standard 6---Be prepared…..

How can use of technology help??? We see that the use of technology allows for more inventive ways of

instruction by teachers and allow for more interactive ways for students to learn within a classroom setting. The introduction of various types of technology within the classroom can be used to meet the various needs of students who have disabilities identified under 504 and IEP programs by meeting various learning styles of students (tactile, auditory, visual, etc.)

Some examples are as follows… Interactive websites and software designed for teaching skills to

students (allowing for more interaction) Smartboards allow for more tactile learning experiences Use of power point notes allow for illustrations for real life concepts Digital voice technologies for children with Autism and communication

difficulties www.iser.com/special-needs-software.html Real life story:

www.newhorizons.org/spneeds/inclusion/teaching/singer.htm

Proposed SolutionsAdhere to policyProvide more provide more professional development

to inform faculty of the laws and various teaching techniques available to help the students

Develop an advisory committee to review current practices within the school, identify areas of weakness in meeting the needs of the identified students

Develop and implement a RtI program based on findings from the committee

Search for grants to help pay for Professional Development and new teaching resources

How we work with the stakeholders?INCLUDE THEM…With IEP development and implementationWith the division by keeping them informed of plans

and goals and to ask for assistance (and making them aware of the laws and if we have a concern)

Keep parents and community informed of the laws, issues that develop, concerns from the school (and the opposite is true in that they should be able to voice concerns and possible solutions)

Involve the faculty and staff in planning goals in implementation of new practices

Students could become more involved in their personal goal setting

Blog Responses:IDEA and NCLB are both laws addressing

academic inclusion of students with disabilities in mainstream classrooms. Are teachers providing an education for these students that adhere to the laws. Are teachers provided appropriate staff development and instructional strategies to insure students with disabilities receive the best education possible?

Responses“The instructional strategies I received during

undergrad are the only resources I have. My school division does not provide proper staff development and/or instructional strategies for students with disabilities. Especially with physical education, these students are often set aside while the other students participate.”

“I only had one class in college on teaching students with disabilities and these did not prepare me enough for working in the classroom. I believe that college programs need to include more courses that prepare teachers for working with students with disabilities. It would be very beneficial.”

“I have seen training offered within my district, but I have only chosen to participate when I had students with certain needs in my classroom. I missed out on some training opportunities”

“I'm lucky to have a principal that really believes in differentiation (actually we had a staff development after-school today on differentiation led by our principal). Over the past two years it has really been one of our main focuses because I believe a lot of people were struggling with it.”

Blog Responses: Do you think schools and divisions might feel pressure to modify how they approach testing and reporting of students with disabilities?

“There are so many pressures on schools from No Child Left Behind to Adequate Yearly Progress! One measure is that of students with disabilities. I believe that schools will feel this pressure and approach testing and reporting of students because they want to make sure that their schools are meeting these measures. However, we have seen what can happen when testing and reporting modifications are made!”

“What we should be focusing on is the education of students with disabilities and doing the best that we can to make sure they get an appropriate education. When we forget about students and focus on the pressures of testing, we aren't doing what we are supposed to do as educators.”

Blog Responses: Do you see a conflict in the legal concerns of NCLB and IDEIA? What is your opinion about this? “The conflict that exists is going to be where

the students' IEP has goals different than what the state or nation require. There are students who are severely mentally disabled, and yet there are requirements for them to pass standardized tests that they can't even comprehend! That's where I feel that VAAP is appropriate and should be counted toward NCLB.”

Bibliography http://www.google.com/imgres?imgurl=http://www.gpoaccess.gov/pubpapers/2004/

phoa04v1.jpg&imgrefurl=http://www.gpoaccess.gov/pubpapers/2004portv1.html&h=452&w=300&sz=11&tbnid=xueag0F50YzNkM:&tbnh=127&tbnw=84&prev=/images%3Fq%3Dgeorge%2Bw.%2Bbusch&usg=__oVOXds7rlO-PWBPrbyFgVDXUCN8=&ei=WRQbS7anMI2xlAf98cjyCQ&sa=X&oi=image_result&resnum=9&ct=image&ved=0CB8Q9QEwCA

http://www.boarddocs.com/vsba/bcsbva/Board.nsf/PolicyBooks?OpenFrameSet http://policy.mcps.org/6-3.11.htm http://www.wdbj7.com/Global/story.asp?S=11471547 http://www.wdbj7.com/Global/story.asp?S=11521060 http://en.wikipedia.org/wiki/No_Child_Left_Behind_Act http://en.wikipedia.org/wiki/Individuals_with_Disabilities_Education_Act www.surveymonkey.com Virginia Department of Education, www.doe.virginia.org Cole, C. (2006). Closing the Achievement Gap Series: Part III What is the Impact of NCLB on the Inclusion of Students

with Disabilities? Center for Evaluation and Education Policy , 1-12. Internet Special Education Resources, www.iser.com/special-needs-software.html Singer, Y. (n.d.). New Horizons for Learning. Retrieved from New Horizons for Learning:

www.newhorizons.org/spneeds/inclusion/teaching/singer.htm