An Online Chat with Candace Cortiella
On August 18, 2004, SchwabLearning.org hosted an online chat with Candace Cortiella, a national expert in special education law and an advocate for children with learning disabilities, as well a member of the professional advisory board for the National Center for Learning Disabilities. Chat participants asked Ms. Cortiella how the federal No Child Left Behind (NCLB) Act might affect public school students who struggle with learning. Schwab Learning's Online Community Manager, Scott Moore, moderated the chat.What do you think are the two or three most beneficial provisions of NCLB for kids with learning problems?
Ms. Cortiella
First, the most important provision is that all students must be included [in the accountability system required by NCLB]. Next, a key provision is the requirement to disaggregate, or break apart, the performance data for certain subgroups of students, including students with disabilities. This requirement will reveal if schools are actually improving the academic performance of our most vulnerable groups of students. These NCLB provisions and others are covered in the parent guide [to using NCLB to improve your child's learning].
IDEA (Individuals with Disabilities Education Act) has been in place for 30 years and is blatantly disregarded by many districts and states. Why do you believe things are going to turn in the parents' favor with NLCB?
Ms. Cortiella
Unfortunately, Suzanne, the federal government has done little to ensure implementation of IDEA. With NCLB, schools get sanctioned if they don't perform. That's what will make the difference.
If a parent sees things at their child's school that seem to violate the NCLB law, what should they do to get the school to comply? Who do they report problems to?
Ms. Cortiella
I would suggest that parents start by discussing the issues with the school leadership. NCLB is a complex law, and what appears to be non-compliance may, in fact, not be. If, on the other hand, you are confident that the school is out of compliance, you could go to the district level, or directly to the state. Each state department of education has an NCLB coordinator to whom you could address your concerns. See your state's NCLB plan for more information (See the U.S. Department of Education website listed under Resources). Parent involvement is a big focus of NCLB, so parents should feel free to get involved!
Don't you believe that state education departments and school districts would be more accountable if they had to report to a truly independent authority?
Ms. Cortiella
Possibly. The ultimate authority in public education should be the public, as the consumers. Unfortunately, states are looking for ways to get some additional flexibility [in implementing the law], so parents should gain an understanding of the major provisions of the law and how it works in their state, and work to ensure improvement. [District] Report Cards, required by NCLB, offer lots of information that parents can use.
Can you recommend some resources for parents that provide information about the performance of their schools?
Ms. Cortiella
Yes! Here are two:
- Education Commission of the States No Child Left Behind State Snapshots
- General Information on school performance under NCLB School Results
There's a wealth of information available. Check your state department of education's website, as well. District Report Cards should be posted there.
Are there specific advocates or advocacy agencies that can help parents deal with their schools?
Ms. Cortiella
There are advocates across the country who specialize in assisting parents in their dealings with schools regarding their student's services under IDEA. One site that lists advocates is Education-a-must, although I can't vouch for the qualifications of those listed. Also, your state's Parent Training and Information Center should be able to help locate advocates in your state. Also visit the Parent Training and Information Center Directory.
Doesn't NLCB apply more to inner city schools than to middle class suburban schools? For example, tutoring under NCLB is only available to low-income students.
Ms. Cortiella
Since some provisions, such as school choice and supplemental educational services (such as tutoring), apply only to Title I schools [and many Title I schools are located in our inner cities], we can presume that more inner city schools will be subjected to those sanctions. But all schools must test all students, report the results — both for the total school and for required subgroups (disaggregation) — and adhere to the "highly qualified" teacher requirements of NCLB. Many suburban schools have masked poor performance of traditionally low-performing students — such as Limited English Proficiency (LEP) students, students with disabilities, minority students — with the good performance of the majority of the school's population. NCLB uncovers that practice.
How can we find out which states are most compliant?
Ms. Cortiella
By compliant, do you mean the number of schools doing well? Again, you can't compare states because of the flexibility they're allowed in setting content standards. There is no report on states' "compliance" with NCLB at this point.
Do you have any further thoughts for our audience about school or district accountability under NCLB for improving kids' academic performance?
Ms. Cortiella
One thing that parents of students with disabilities should look out for is the varying [minimum] size of the subgroup of students with disabilities that states are setting to determine whether a school is required to report (disaggregate) this subgroup's test results. States have petitioned the U.S. Department of Education to raise the minimum size requirement for the subgroup of students with disabilities. In some states, the required subgroup size is set so high that it results in less than 15% of schools reporting on the test results of students with disabilities. This will pretty much eliminate the school's accountability for the academic performance of this group.
So, find out about your state's subgroup size requirement, and, more importantly, what percentage of schools in the state won't be required to report data because of the required subgroup size. If the required minimum subgroup size equates to a large percentage of the total school population [15-20%], I'd suggest talking with your state's Board of Education about reducing it. [NCLB requires that states establish a minimum subgroup size that is large enough to (a) yield statistically reliable information and (b) not reveal personally identifiable information about an individual student. States have established minimum subgroup sizes ranging from 5 to 200 students.]
How much can NCLB really do to address teacher quality? Can NCLB help parents get a teacher who understands how to teach to different learning styles?
Ms. Cortiella
NCLB requires that all teachers of core content be highly qualified by 2005-06. That would [result in] a huge improvement across the country. Plus, under the Title II provisions of NCLB, states get grants to fund improving their teacher force. Schools must also make sure that teachers are using instructional practices that are scientifically based and proven to be effective. This will help eliminate the "pendulum swing" in teaching approaches and bring the research that informs teaching closer to the manner in which research informs the practice of medicine. This will help students with LD immensely!
What is a Title II school?
Ms. Cortiella
Title II doesn't pertain to schools; [in effect, there is no such thing as a "Title II school."] Title II is the section of NCLB that pertains to teacher quality, and grants [that are available to states and districts to improve teacher recruitment, hiring, and retention]. The parent guide on NCLB indicates which NCLB provisions pertain to Title I schools and which pertain to all schools.
What is the definition of "highly qualified"? Isn't it vastly different from state to state?
Ms. Cortiella
"Highly qualified" teachers must meet three requirements: Hold a bachelor's degree, be fully certified/licensed to teach, and have demonstrated sufficient subject matter competency. Requirements differ if teachers are new to the profession and also differ, to some extent, by the grade level they teach. [The "highly qualified" designation] applies only to teachers teaching in core academic subjects [English, reading, language arts, mathematics, science, foreign language, civics and government, economics, arts, history, and geography. NCLB leaves it for states to determine what is included in the "arts"]. Special education itself is not a core academic subject.
These requirements don't vary across states. How states determine that teachers are competent in content areas does vary, however. There are slightly differing provisions for special education teachers. Of course, the special education teacher "highly qualified" provision may be changed as part of the reauthorization of IDEA, currently underway in Congress.
What prevents states setting all requirements at the lowest possible levels?
Ms. Cortiella
The scrutiny of the U.S. Department of Education, hopefully. All NCLB accountability plans had to be approved by the U.S. DOE. There has been great variance among the states on a variety of requirements, however. This is the main reason why NCLB results cannot be compared across states. Again, the consumer also needs to provide some scrutiny.
Is there any way that we can improve the quality of paraprofessional assistance, all the way down to the local level, through future changes to the NCLB Act?
Ms. Cortiella
The requirements regarding qualifications for paraprofessionals in NCLB only apply to Title I schools. So, while we'll see improvements in those schools, it won't be as widespread as the improvement we'll see in teacher quality. I know of no attempts to change or broaden the requirements for paraprofessionals' qualifications [beyond those currently in NCLB, although many states have requirements for paraprofessionals in place].
Another topic that comes up along with NCLB is the troubles students with learning disabilities are having with high-stakes testing. Can tests required by NCLB be used for high-stakes decisions? Can high-stakes tests be used to fulfill the requirements of NCLB?
Ms. Cortiella
I'm so glad you asked about this! NCLB does not require or encourage states to attach high-stakes consequences for individual students to their performance on the assessments required under NCLB. However, states are free to do so, and many have done just that. Many states were already in the process of phasing in high-stakes testing, such as exit exams, before NCLB, so this isn't even an NCLB-related practice.
It is critical for parents to disentangle issues arising from high-stakes testing in their state and issues arising from NCLB testing requirements. Generally, high-stakes testing practices have been approved by state boards of education, after years of planning and input from the public, as well as many years of phase-in, before students are held to the requirements, such as passing an exit exam in order to get a standard diploma.
Where do they get the scientific methods, and how are teachers going to be up to this ["highly qualified"] level by 2005-2006?
Ms. Cortiella
First, the scientifically based instructional methods should come from research that meets certain criteria. NCLB offers a definition of "scientifically based" research. Also, the U.S. Department of Education has written a guide, mainly for schools, to help them on this issue. It can be found on the Internet at:
Many schools are using the definition of "scientifically based" research in NCLB as a sort of "checklist" (see box below) for determining if their instructional practices are scientifically based.
Scientifically Based Research
The term "scientifically based research" means research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs; and includes research that:- Employs systematic, empirical methods that draw on observation or experiment;
- Involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn;
- Relies on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations, and across studies by the same or different investigators;
- Is evaluated using experimental or quasi-experimental designs in which individuals, entities, programs, or activities are assigned to different conditions and with appropriate controls to evaluate the effects of the condition of interest, with a preference for random-assignment experiments, or other designs to the extent that those designs contain within-condition or across-condition controls;
- Ensures that experimental studies are presented in sufficient detail and clarity to allow for replication or, at a minimum, offer the opportunity to build systematically on their findings; and
- Has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review.
As for how states are going to meet the "highly qualified" teacher requirement by 2005-06, it's going to be a challenge. Studies show that this is one of the toughest provisions of NCLB. But, as I noted before, there are grants to help them get their teacher preparation and professional development up and running. Your school Report Cards include information on teacher qualifications. Check them out to see how many teachers are not yet meeting the "highly qualified" requirement. That information should be a strong indicator of the extent of the problem in your state or school district. The shortage of special educators is of particular concern, which is why those requirements might be changed in the upcoming reauthorization of IDEA.
Can parents bring research-based teaching methods to the attention of schools that could benefit? Is there a process for that?
Ms. Cortiella
Yes! Parents should feel free to discuss instructional practices with their school, especially in the context of Individualized Education Program (IEP) meetings. Also, parents should ask the school if their instructional strategies are proven effective through scientifically based research, and ask them to provide the proof.
Websites
- Accountability for Assessment Results in the No Child Left Behind Act: What It Means for Children with Disabilities
- Education Commission of the States No Child Left Behind State Snapshots
- School Results
- National Center for Education Statistics
- U.S. Department of Education
- Count Me In: Special Education in an Era Of Standards (pdf)
- NICHCY Connections to No Child Left Behind
- NCLB Action Fact Sheets
- Wrightslaw: No Child Left Behind
- Back-to-School Checklist for Parents
- Parent Training and Information Center Directory
- Identifying and Implementing Educational Practices Supported By Rigorous Evidence: A User Friendly Guide
Candace Cortiella's work as Director of the nonprofit The Advocacy Institute focuses on improving the lives of people with learning disabilities, through public policy and other initiatives. The mother of a young adult with learning disabilities, she lives in the Washington, D.C., area.
