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

School & District Management Webinar Crafting Outcomes-Based Contracts That Work for Everyone
Discover the power of outcomes-based contracts and how they can drive student achievement.
School & District Management Webinar EdMarketer Quick Hit: What’s Trending among K-12 Leaders?
What issues are keeping K-12 leaders up at night? Join us for EdMarketer Quick Hit: What’s Trending among K-12 Leaders?
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
Teaching Students to Use Artificial Intelligence Ethically
Ready to embrace AI in your classroom? Join our master class to learn how to use AI as a tool for learning, not a replacement.
Content provided by Solution Tree

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 Special Education Might Change Under Trump: 5 Takeaways
Less funding and more administrative chaos could be on the horizon—but basic building blocks like IDEA appear likely to remain.
7 min read
Photo of teacher working with hearing-impaired student.
E+
Special Education How Trump's Policies Could Affect Special Education
The new administration's stance on special education isn't yet clear—but efforts to revamp federal policy could have ripple effects.
13 min read
A teenage girl from the back looks through the bars, the fenced barrier, at the White House in Washington, D.C.
iStock/Getty Images
Special Education The Essential Skill Students With Learning Differences Need
Schools must teach students with learning differences how to communicate about their needs.
4 min read
Vector illustration of three birds being released from a cage.
iStock/Getty
Special Education A Guide to Bringing Neurodiverse Learners Into the Fold
Three tips for teachers and principals to accommodate learning differences.
3 min read
Neurodiversity. Thinking brain. Difference concept.
iStock/Getty Images + Education Week