IDEA04 Update:

Congress Aligns
Federal Education Laws

By Candace Cortiella
NCLD Professional Advisory Board Member

As part of its latest renewal of the Individuals with Disabilities Education Act (IDEA04), Congress has included more than 40 references to the Elementary and Secondary Education Act of 1965, also known as the No Child Left Behind Act of 2001 (NCLB). In doing so, Congress has once again affirmed its belief that all children can learn to high standards, that all children benefit from high expectations, that all children must have access to the general education curriculum and that all children deserve to have a highly qualified teacher. Requiring that the specialized services delivered to students with disabilities be carefully aligned with NCLB will, according to Congress, improve results for our nation's 6.6 million students with disabilities.

ALL CHILDREN CAN LEARN

According to IDEA04, the education of children with disabilities can be made more effective by coordinating activities under the IDEA with school improvement efforts under NCLB. Congress believes that such coordination will help to ensure that special education is a service for children with disabilities rather than a place where such children are sent.

To ensure accountability for results in the academic achievement of children with disabilities, IDEA04 requires that all children with disabilities be included in all general state and districtwide assessment programs, including the assessments required by NCLB. To support the full participation of children with disabilities in the annual statewide assessments required by NCLB, states and school districts should use IDEA funds to develop and provide appropriate accommodations and alternate assessments.

To further enable students with disabilities to meet or exceed the academic objectives of NCLB, states and school districts can also use IDEA funds to provide supplemental educational services (as required and defined by NCLB) to children with disabilities.

HIGH EXPECTATIONS AND ACCESS

In its IDEA04 update, Congress has once again noted that the success of children with disabilities has been impeded by low expectations and an insufficient focus on applying replicable research on proven methods of teaching and learning. To bolster expectations, states must now ensure that goals for the performance of children with disabilities are the same as the state's definition of adequate yearly progress (AYP) under NCLB and states must report annually on progress toward meeting those goals.

To increase access to research-based instruction, IDEA04 requires that schools provide students with reading instruction that embodies the five essential components of reading instruction as defined in NCLB before finding a student eligible for special education due to reading failure.

In addition, all special education services for students, as outlined in Individualized Education Programs (IEPs), must be based on peer-reviewed research to the extent practicable.

Congress believes that too many children with reading problems are misidentified as having learning disabilities and wrongly placed in special education classes. To help address this issue, IDEA04 allows schools to use IDEA funds to provide scientifically based literacy instruction to students who have not been identified as needing special education but who need additional academic support in order to succeed in general education.

IDEA04 also establishes a new National Center for Special Education Research within the Institute of Education Services at the U.S. Department of Education. This new Center is charged with the work of identifying scientifically based educational practices that support learning and improve academic achievement for students with disabilities. Improving the alignment, compatibility and development of assessments required by NCLB is another task of the new Center.

HIGH QUALITY TEACHERS

IDEA04 aligns the requirements for highly qualified teachers with the definitions found in NCLB. Special education teachers who teach core academic subjects exclusively to children with disabilities must also demonstrate mastery of the content they teach. Special education teachers who provide consultation to highly qualified general education teachers must be fully certified in special education but need not demonstrate mastery of the content area. In addition, states must align personnel development activities under IDEA with those carried out under NCLB.

To learn more about key provisions of NCLB and how they can be used, along with IDEA provisions, to improve academic performance for students with disabilities, we encourage you to read "Making the No Child Left Behind Act Work for Children Who Struggle to Learn: A Parent's Guide".