The National Center for Learning Disabilities' (NCLD) Public Policy Office has had a very busy year in 2008. We have worked on several pieces of federal legislation, commented on many proposed federal regulations and participated in a variety of activities related to federal policy. All of our work focuses on improving opportunities for children and adults with learning disabilities. As the year draws to a close, I wanted to provide you with a brief review of the work we have conducted during 2008.
Individuals with Disabilities Education Act (IDEA)
In May 2008, the U.S. Department of Education released proposed regulations governing several important aspects of the IDEA. Of particular importance were procedures when parents decide to revoke consent for IDEA services for their child and parent representation by non-attorneys at due process hearings. NCLD submitted extensive comments on these proposed regulations. The final regulations were released in early December and become effective December 31, 2008. These final regulations incorporate several recommendations developed by NCLD and supported by our advocacy network.
We also continued to work on implementation of new provisions regarding learning disabilities identification as required by IDEA 2004 and its implementing regulations. To assist with that effort, we produced online chats about LD Identification in the RTI Instruction Model and the role that progress measures play in an RTI process.
Elementary and Secondary Education Act (ESEA)
Despite the lack of progress in the U.S. Congress on the reauthorization of the Elementary and Secondary Education Act (ESEA) (currently known as No Child Left Behind or NCLB), the U.S. Department of Education proposed several new regulations in early 2008 and released the final version of these regulations in late October 2008. These regulations involved several issues important to students with learning disabilities, including a uniform graduation rate calculation and states' explanation of minimum group size used for reporting of student groups in Adequate Yearly Progress determinations. The final regulations incorporated key changes recommended by NCLD and supported by advocates like you-changes that ensure that graduation rates provide adequate emphasis on students with learning disabilities.
In support of our policy activities, we conducted online chats with experts on the topic of high school graduation and students with LD as well as the impact of NCLB on students with LD and a podcast on graduation rate issues in the U.S.
To support our efforts to promote a new approach to Individualized Education Programs (IEPs) that is based on progress toward and proficiency on the state academic content standards required by NCLB, we produced the advocacy brief, Understanding the Standards-based Individualized Education Program (IEP) and the podcast, "Standards-based IEPs: An Interview with Dr. Margaret McLaughlin" on the topic.
Federal Education Funding
NCLD continues to advocate for full federal funding of the IDEA and the ESEA. Increased federal support of our nation's education laws can assist states and districts with important improvement activities so that we can continue to improve educational outcomes for students with learning disabilities. We produced a podcast on education funding to help advocates understand the pressing need for increased federal support and gathered additional resources on the topic.
Higher Education Opportunity Act of 2008
In August, Congress passed the Higher Education Opportunity Act of 2008 (HEOA) which reauthorized the Higher Education Act. The HEOA significantly expands opportunities and access to postsecondary education for students with disabilities. NCLD led and supported efforts to include numerous provisions in the HEOA including:
- Increasing postsecondary educational opportunities by creating new and sustaining programs to increase access, recruitment, retention and completion rates for students with disabilities;
- Establishing a new national center to provide support services and best practices for colleges, students with disabilities and their families;
- Assisting colleges in recruiting, retaining, and graduating students with disabilities and improving educational materials and facilities for these students, and
- Authorizing a study on the quality of teacher education programs in training teachers to meet the needs of students with reading and language processing disabilities, including dyslexia.
In conjunction with our efforts to promote postsecondary success for students with learning disabilities, we produced a podcast with a leading disability support expert.
Americans with Disabilities Amendments Act of 2008
The Americans with Disabilities Amendments Act of 2008 passed the U.S. Congress in September and becomes law on January 1, 2009. This amended legislation makes it possible for Americans with learning disabilities to access accommodations on high stakes exams (such as the GRE, GMAT, LSAT, medical boards and others) and in the workplace, in keeping with the original intent of the law.
NCLD, in partnership with the Learning Disabilities Association of America (LDA), worked to protect the rights of individuals with learning disabilities to have access to appropriate accommodations just as any other individual with a disability under the newly amended legislation. We also produced an online chat about LD in the workplace featuring an expert on the topic.
Universal Design for Learning (UDL)
NCLD has worked on several initiatives designed to advance the adoption of universal design for learning (UDL) in all aspects of education. Through our active involvement in the National UDL Taskforce, NCLD helped to gain significant new provisions regarding UDL in the Higher Education Opportunity Act.
In addition, we produced A Parent's Guide to Universal Design for Learning, an online chat and a podcast on UDL.
Publications
In July, NCLD released its new national publication, Challenging Change: How Schools and Districts are Improving the Performance of Special Education Students. The report highlights how two schools and three school districts in California, Texas, Ohio, Florida and Massachusetts are succeeding in significantly improving the academic achievement of special education students. The educators profiled have taken on the challenge of implementing reforms that accelerate progress for students with disabilities - nearly half of whom have learning disabilities.
NCLD delivered a copy of Challenging Change to every member of the U.S. Congress and continues to promote the publications through a variety of activities, including an online chat with the report's author.
Looking ahead to 2009
We look forward to working with the Obama Administration incoming Education Secretary-designee Arne Duncan, as well as the many new Members of the 111th Congress. NCLD has provided several recommendations to the Obama Transition Team for their consideration. NCLD stands ready to work with the Obama-Biden Administration to improve the lives of people with all disabilities, including those with LD.
In the coming year we will bring you several new reports and advocacy tools. As always, we will ask for your input and your help as we work to promote sound policies for students and adults with LD.
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