No Child Left Behind and Students with Disabilities Presentation for OSEP Staff March 20, 2003...

No Child Left Behind and No Child Left Behind and Students with DisabilitiesStudents with Disabilities

Presentation for OSEP StaffPresentation for OSEP StaffMarch 20, 2003March 20, 2003

No Child Left Behind and No Child Left Behind and Students with DisabilitiesStudents with Disabilities

Presentation for OSEP StaffPresentation for OSEP StaffMarch 20, 2003March 20, 2003

Stephanie LeeStephanie LeeDirector, Office of Special Education ProgramsDirector, Office of Special Education Programs

Office of Special Education and Rehabilitative ServicesOffice of Special Education and Rehabilitative ServicesU.S. Department of EducationU.S. Department of Education

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Before the IDEABefore the IDEA One in five children with disabilities was One in five children with disabilities was

educated.educated.

More than 1 million children with disabilities More than 1 million children with disabilities were excluded from the education system.were excluded from the education system.

Another 3.5 million children with disabilities Another 3.5 million children with disabilities did not receive appropriate services.did not receive appropriate services.

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Impact of the IDEAImpact of the IDEA Today, 6.5 million children with disabilities are Today, 6.5 million children with disabilities are

served.served.

96% of students with disabilities are now 96% of students with disabilities are now served in regular school buildings.served in regular school buildings.

The number of children birth to three The number of children birth to three receiving early intervention services has receiving early intervention services has increased. increased.

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Impact of the IDEA (cont.)Impact of the IDEA (cont.) Increased Participation in Standardized Increased Participation in Standardized

Testing.Testing.

High School Graduation Rates: High School Graduation Rates: Increased from 51.9% in 1994 to 57.4% in Increased from 51.9% in 1994 to 57.4% in 1999.1999.

Increased College Enrollment: Increased College Enrollment: In 1978, under 3% of college freshman In 1978, under 3% of college freshman reported they had a disability, while in 1998, reported they had a disability, while in 1998, the figure was 9%.the figure was 9%.

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Impact of the IDEA (cont.)Impact of the IDEA (cont.) Higher Employment Rates.Higher Employment Rates.

The Special Education Teaching Force: More The Special Education Teaching Force: More than doubled.than doubled.

Parent Involvement: More than 85% of Parent Involvement: More than 85% of parents are involved in planning their child’s parents are involved in planning their child’s services and making educational decisions.services and making educational decisions.

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ChallengesChallenges High school graduation rates are insufficient.High school graduation rates are insufficient.

Post-secondary enrollment and completion Post-secondary enrollment and completion rates are low compared with peers.rates are low compared with peers.

Unemployment rates are high.Unemployment rates are high.

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The IDEA Amendments of 1997The IDEA Amendments of 1997Focus on Accountability for ResultsFocus on Accountability for Results

State Performance Goals and Indicators State Performance Goals and Indicators Consistent with Goals and Standards for All Consistent with Goals and Standards for All Children.Children.

Access to, Participation in and Progress in the Access to, Participation in and Progress in the General Curriculum.General Curriculum.

Inclusion in State and District Assessments.Inclusion in State and District Assessments.

Alternate Assessments.Alternate Assessments.

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The No Child Left Behind ActThe No Child Left Behind Act

On January 8, 2002, President Bush On January 8, 2002, President Bush signed into law the No Child Left Behind signed into law the No Child Left Behind Act (NCLB)Act (NCLB) Most sweeping reform of the Elementary and Most sweeping reform of the Elementary and

Secondary Education Act since its enactment Secondary Education Act since its enactment in 1965.in 1965.

Redefines the federal role in K-12 education.Redefines the federal role in K-12 education.

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On January 8, 2002, President Bush On January 8, 2002, President Bush signed into law the No Child Left Behind signed into law the No Child Left Behind Act (NCLB) (cont’d)Act (NCLB) (cont’d) Requires accountability for all children, Requires accountability for all children,

including student groups based on poverty, including student groups based on poverty, race and ethnicity, disability and limited race and ethnicity, disability and limited English proficiency (LEP).English proficiency (LEP).

Will help close the achievement gap between Will help close the achievement gap between disadvantaged, disabled and minority disadvantaged, disabled and minority students and their peers.students and their peers.

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Based on Four Principles:Based on Four Principles: Stronger accountability for results.Stronger accountability for results.

Increased flexibility and local control.Increased flexibility and local control.

Expanded options for parents.Expanded options for parents.

Focusing on what works.Focusing on what works.

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The No Child Left Behind ActThe No Child Left Behind ActStronger Accountability for ResultsStronger Accountability for Results

States must implement statewide States must implement statewide accountability systems covering all public accountability systems covering all public schools and students based on:schools and students based on: Challenging state standards in reading and Challenging state standards in reading and

math (science in 2005-2006).math (science in 2005-2006).

Annual testing for all students in grades 3-8 Annual testing for all students in grades 3-8 and at least once in grades 10-12.and at least once in grades 10-12.

Annual statewide progress objectives Annual statewide progress objectives ensuring that all groups of students reach ensuring that all groups of students reach proficiency within 12 years.proficiency within 12 years.

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Assessment results and state progress Assessment results and state progress objectives must be broken out objectives must be broken out (disaggregated) by poverty, race/ethnicity, (disaggregated) by poverty, race/ethnicity, disability and limited English proficiency.disability and limited English proficiency.

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Disaggregation of DataDisaggregation of Data Statistically-Reliable InformationStatistically-Reliable Information

Determined by states.Determined by states.

Approved by Secretary.Approved by Secretary.

Protect Personally-Identifiable InformationProtect Personally-Identifiable InformationFERPA.FERPA.

Include Strategies in State Plan.Include Strategies in State Plan.

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Disaggregation of DataDisaggregation of Data If the number of students in a subgroup is not If the number of students in a subgroup is not

statistically reliable at the school level, the statistically reliable at the school level, the state must include those students in state must include those students in disaggregations at each level for which the disaggregations at each level for which the number of students is statistically reliable – number of students is statistically reliable – e.g., the LEA or state level.e.g., the LEA or state level.

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Assessments must provide accommodations Assessments must provide accommodations for students with disabilities as defined in the for students with disabilities as defined in the Individuals with Disabilities Education Act Individuals with Disabilities Education Act (IDEA).(IDEA).

NCLB regulations require that assessments be NCLB regulations require that assessments be accessible and valid with the widest possible accessible and valid with the widest possible range of students.range of students.

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NCLB requires each state to develop grade-NCLB requires each state to develop grade-level academic content and achievement level academic content and achievement standards that it expects all students, standards that it expects all students, including students with disabilities, to meet.including students with disabilities, to meet.

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Alternate AssessmentsAlternate Assessments IEP team determines if child cannot IEP team determines if child cannot

participate in all or part of the state participate in all or part of the state assessments, even with accommodations. assessments, even with accommodations.

If a child cannot participate in the state If a child cannot participate in the state assessments, even with accommodations, the assessments, even with accommodations, the state must provide for one or more alternate state must provide for one or more alternate assessments for a child with a disability.assessments for a child with a disability.

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Alternate Assessments (cont’d)Alternate Assessments (cont’d) Alternate assessment must yield results for Alternate assessment must yield results for

the grade in which the student is enrolled.the grade in which the student is enrolled.

NPRM issued by Secretary Paige.NPRM issued by Secretary Paige.

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State Responsibilities for Developing State Responsibilities for Developing Challenging Academic Achievement Challenging Academic Achievement Standards for Students with DisabilitiesStandards for Students with Disabilities Academic achievement standards for children Academic achievement standards for children

with disabilities must be the same standards a with disabilities must be the same standards a state applies for all children except:state applies for all children except:Proposed regulations would allow states to use a Proposed regulations would allow states to use a

documented and validated standards-setting process to documented and validated standards-setting process to define alternate academic achievement standards for define alternate academic achievement standards for students with the most significant cognitive disabilities.students with the most significant cognitive disabilities.

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State Responsibilities for Developing State Responsibilities for Developing Challenging Academic Achievement Challenging Academic Achievement Standards for Students with Disabilities Standards for Students with Disabilities (cont.)(cont.) Alternate achievement standards must be Alternate achievement standards must be

aligned with the state’s academic content aligned with the state’s academic content standards. standards.

Alternate achievement standards must reflect Alternate achievement standards must reflect professional judgment of the highest learning professional judgment of the highest learning standards possible for students with the most standards possible for students with the most significant cognitive disabilities. significant cognitive disabilities.

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State Responsibilities for Developing State Responsibilities for Developing Challenging Academic Achievement Challenging Academic Achievement Standards for Students with Disabilities Standards for Students with Disabilities (cont.)(cont.) The term “students with the most significant The term “students with the most significant

cognitive disabilities” means students who cognitive disabilities” means students who have been identified under IDEA and whose have been identified under IDEA and whose intellectual functioning and adaptive behavior intellectual functioning and adaptive behavior are at or below three standard deviations are at or below three standard deviations below the mean. below the mean.

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Inclusion of All Students in Accountability SystemInclusion of All Students in Accountability System Except for students with the most significant cognitive Except for students with the most significant cognitive

disabilities for whom the state has established disabilities for whom the state has established alternate achievement standards, alternate alternate achievement standards, alternate assessments must yield results for the grade in which assessments must yield results for the grade in which the student is enrolled in at least reading/language the student is enrolled in at least reading/language arts, math, and beginning in the 07-08 school year, arts, math, and beginning in the 07-08 school year, science.science.

For students with the most significant cognitive For students with the most significant cognitive disabilities, alternate assessments may yield results disabilities, alternate assessments may yield results that measure the achievement of those students that measure the achievement of those students against the alternate achievement standards.against the alternate achievement standards.

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Inclusion of All Students in Accountability Inclusion of All Students in Accountability System (cont.)System (cont.) States and LEAs would be required to report States and LEAs would be required to report

separately on the percentage of students with separately on the percentage of students with disabilities taking alternate assessments disabilities taking alternate assessments measured against the alternate academic measured against the alternate academic achievement standards and the percentage of achievement standards and the percentage of students with disabilities taking alternate students with disabilities taking alternate assessments measured against the general assessments measured against the general academic achievement standards for all academic achievement standards for all children.children.

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Adequate Yearly Progress (AYP)Adequate Yearly Progress (AYP) The proposed regulations specify the acceptable use The proposed regulations specify the acceptable use

of alternate achievement standards for students with of alternate achievement standards for students with the most significant cognitive disabilities for the most significant cognitive disabilities for determining AYP.determining AYP.

The proposed regulations would permit states to use The proposed regulations would permit states to use alternate achievement standards for students with alternate achievement standards for students with the most significant cognitive disabilities in the most significant cognitive disabilities in calculating AYP for schools, LEAs and the state, calculating AYP for schools, LEAs and the state, provided that:provided that:The percentage of students with the most significant cognitive The percentage of students with the most significant cognitive

disabilities at the LEA and state levels, separately, does not exceed disabilities at the LEA and state levels, separately, does not exceed 1.0 percent of all students in the grades assessed. 1.0 percent of all students in the grades assessed.

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Adequate Yearly Progress (AYP) (cont.)Adequate Yearly Progress (AYP) (cont.) The proposed regulations allow states to The proposed regulations allow states to

request from the Secretary an exemption to the request from the Secretary an exemption to the l.0 percent limitation, and for LEAs to request an l.0 percent limitation, and for LEAs to request an exemption from the state, if they can document exemption from the state, if they can document that the incidence of students with the most that the incidence of students with the most significant cognitive disabilities in the LEA or significant cognitive disabilities in the LEA or state exceeds the 1.0 percent limitation and state exceeds the 1.0 percent limitation and that circumstances exist that could explain the that circumstances exist that could explain the higher percentages such as a school, higher percentages such as a school, community, or health program that draws such community, or health program that draws such children, or small overall populations.children, or small overall populations.

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Adequate Yearly Progress (AYP) (cont.) Adequate Yearly Progress (AYP) (cont.) In calculating AYP for each state and each In calculating AYP for each state and each

LEA, the state must apply grade-level LEA, the state must apply grade-level academic content and achievement standards academic content and achievement standards to assessment results of any students taking to assessment results of any students taking alternate assessments that exceed the 1.0 alternate assessments that exceed the 1.0 percent limitation (or the increased percent limitation (or the increased percentage exemption described above).percentage exemption described above).

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School districts and schools that fail to make School districts and schools that fail to make adequate yearly progress (AYP) toward adequate yearly progress (AYP) toward statewide proficiency goals will, over time, be statewide proficiency goals will, over time, be subject to improvement, corrective action and subject to improvement, corrective action and restructuring measures.restructuring measures.

Improvement measures include – among Improvement measures include – among others:others:Technical Assistance.Technical Assistance.

Public School Choice.Public School Choice.

Supplemental Educational Services.Supplemental Educational Services.

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Technical AssistanceTechnical Assistance States and school districts must provide States and school districts must provide

technical assistance to schools identified for technical assistance to schools identified for school improvement, corrective action or school improvement, corrective action or restructuring. restructuring.

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The No Child Left Behind ActThe No Child Left Behind ActExpanded Options for ParentsExpanded Options for Parents

Public School ChoicePublic School Choice Parents with children in schools that fail to Parents with children in schools that fail to

meet state standards for at least two meet state standards for at least two consecutive years may transfer their children consecutive years may transfer their children to a better performing public school, including to a better performing public school, including a public charter school, within their district.a public charter school, within their district.

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Public School Choice and Students with Public School Choice and Students with DisabilitiesDisabilities Public school choice option must provide Public school choice option must provide

FAPE.FAPE.

Change in the location of delivery of services Change in the location of delivery of services does not equate to change of placement does not equate to change of placement under IDEA.under IDEA.

School choice options do not have to be same School choice options do not have to be same choices for nondisabled students.choices for nondisabled students.

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Supplemental Educational ServicesSupplemental Educational Services Students from low-income families in schools Students from low-income families in schools

that fail to meet state standards for at least that fail to meet state standards for at least three years are eligible to receive three years are eligible to receive supplemental educational services – including supplemental educational services – including tutoring, after-school services and summer tutoring, after-school services and summer school.school.

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Supplemental Services for Students with Supplemental Services for Students with DisabilitiesDisabilities Must be consistent with the student’s IEP.Must be consistent with the student’s IEP.

Are not considered a part of the IEP.Are not considered a part of the IEP.

Parental consent required before developing Parental consent required before developing the supplemental services agreement.the supplemental services agreement.

Some providers must be able to serve Some providers must be able to serve students with disabilities.students with disabilities.

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Schools that meet or exceed AYP will be Schools that meet or exceed AYP will be eligible for State Academic Achievement eligible for State Academic Achievement Awards.Awards.

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State and School District Report CardsState and School District Report Cards Student academic achievement on statewide Student academic achievement on statewide

tests disaggregated by subgroup.tests disaggregated by subgroup.

Comparison of students at basic, proficient Comparison of students at basic, proficient and advanced levels of achievement.and advanced levels of achievement.

High school graduation rates (drop outs).High school graduation rates (drop outs).

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State and School District Report Cards State and School District Report Cards (cont.)(cont.) Number and names of schools identified.Number and names of schools identified.

Professional qualifications of teachers.Professional qualifications of teachers.

Percentage of students not tested.Percentage of students not tested.

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The No Child Left Behind ActThe No Child Left Behind ActFocusing on What WorksFocusing on What Works

Reading First ProgramReading First Program Research-based reading instruction in grades K-3 Research-based reading instruction in grades K-3

to children who:to children who:Have reading difficulties.Have reading difficulties.

Are at-risk of referral to special education based on Are at-risk of referral to special education based on reading difficulties.reading difficulties.

Have been evaluated but not identified under IDEA.Have been evaluated but not identified under IDEA.

Are served under IDEA based on severe learning Are served under IDEA based on severe learning disability related to reading.disability related to reading.

Are deficient in essential components or reading skills.Are deficient in essential components or reading skills.

Are limited English proficient.Are limited English proficient.

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Reading First Program (K-3)Reading First Program (K-3) $900 million in 2002.$900 million in 2002.

6-year formula grants to states.6-year formula grants to states.

Competitive grants to LEAs to:Competitive grants to LEAs to:Administer screening and diagnostic tests.Administer screening and diagnostic tests.

Provide professional development.Provide professional development.

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Emphasis on Teacher QualityEmphasis on Teacher Quality Train teachers to teach and address needs of Train teachers to teach and address needs of

students with different learning styles, students with different learning styles, particularly students with disabilities or with particularly students with disabilities or with LEP.LEP.

Coordinate professional development activities Coordinate professional development activities under other federal, state and local programs.under other federal, state and local programs.

Train early childhood educators to meet Train early childhood educators to meet educational needs of child, including children educational needs of child, including children with disabilities or with LEP.with disabilities or with LEP.

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Improving Teacher Quality State Grants Improving Teacher Quality State Grants Program ($2.85 Billion in 2002)Program ($2.85 Billion in 2002) Using scientifically based practices to Using scientifically based practices to

prepare, train and recruit high-quality prepare, train and recruit high-quality teachers.teachers.

Core academic subjects taught by high Core academic subjects taught by high qualified teachers by 2006 school year.qualified teachers by 2006 school year.

Must demonstrate annual progress toward Must demonstrate annual progress toward goal.goal.

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Highly Qualified Teachers and Special Highly Qualified Teachers and Special EducationEducation Special education teachers teaching core Special education teachers teaching core

academic subjects must meet “highly academic subjects must meet “highly qualified” requirements.qualified” requirements.

All special education personnel must meet All special education personnel must meet IDEA personnel-standards requirements.IDEA personnel-standards requirements.

States have flexibility in how standards are States have flexibility in how standards are met.met.

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Higher Qualifications for ParaprofessionalsHigher Qualifications for Paraprofessionals Paraprofessionals hired after 1/8/2002 to work in Paraprofessionals hired after 1/8/2002 to work in

Title I funded programs must have:Title I funded programs must have:Completed 2 years of study at an IHE.Completed 2 years of study at an IHE.

Obtained associate’s or higher degree, OR Obtained associate’s or higher degree, OR

Met rigorous standard of quality. Met rigorous standard of quality.

Demonstrated ability to instruct in reading, writing and Demonstrated ability to instruct in reading, writing and mathematics (through state or local academic mathematics (through state or local academic assessment).assessment).

Paraprofessionals hired before 1/8/2002 to work Paraprofessionals hired before 1/8/2002 to work in Title I funded programs must meet in Title I funded programs must meet requirements in 4 years.requirements in 4 years.

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Paraprofessionals and Special EducationParaprofessionals and Special Education If a person working with special education If a person working with special education

students does not provide any instructional students does not provide any instructional support (such as a person who solely provides support (such as a person who solely provides personal care services), the person is not personal care services), the person is not considered a paraprofessional under Title I.considered a paraprofessional under Title I.

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For Additional Information on NCLB:For Additional Information on NCLB:

www.ed.gov/offices/OESE/asst.htmlwww.ed.gov/offices/OESE/asst.html

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IDEA ReauthorizationIDEA Reauthorization Opportunities Provided by NCLB.Opportunities Provided by NCLB.

Build on NCLB Framework.Build on NCLB Framework.

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Principles for Principles for Reauthorizing the IDEAReauthorizing the IDEA Stronger Accountability for Results.Stronger Accountability for Results.

Simplify Paperwork for States and Simplify Paperwork for States and Communities and Increase Flexibility for All.Communities and Increase Flexibility for All.

Doing What Works.Doing What Works.

Increase Choices and Meaningful Involvement Increase Choices and Meaningful Involvement for Parents.for Parents.

No Child Left Behind and Students with Disabilities Presentation for OSEP Staff March 20, 2003...

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