1 / 7

Accountability, Assessment and the IDEA

Accountability, Assessment and the IDEA. Issues of Federal Law, Policy and Implementation Arthur L. Coleman Nixon Peabody LLP Washington, D.C. acoleman@nixonpeabody.com. Background: Education Reforms. “High standards for all” or ”No child left behind” Standards Reform in 50 States

bijan
Download Presentation

Accountability, Assessment and the IDEA

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Accountability, Assessment and the IDEA Issues of Federal Law, Policy and Implementation Arthur L. Coleman Nixon Peabody LLP Washington, D.C. acoleman@nixonpeabody.com NGA-CCSSO Joint Workshop on IDEA Reauthorization

  2. Background: Education Reforms • “High standards for all” or ”No child left behind” • Standards Reform in 50 States • High school graduation exams [27] • Grade-to-grade promotion exams [17] • New Federal ESEA Legislation • Annual testing in grades 3-8; once in 10-12 • Disaggregated data for AYP, including by disability • 95% inclusion required for AYP, including for students with disabilities NGA-CCSSO Joint Workshop on IDEA Reauthorization

  3. Background: Rights and Responsibilities • 14th Amendment • Due Process • Discrimination • Title VI of the Civil Rights Act of 1964 • Discrimination on the basis of race, color, national origin • ESEA: Titles I, VII • Services for disadvantaged and language minority students • IDEA • Serves students with disabilities • Section 504 • Disability discrimination • Title II of the ADA • Disability discrimination NGA-CCSSO Joint Workshop on IDEA Reauthorization

  4. Issues of Federal Compliance: A View of the “End Game” Themes Clarity Alignment Cost NGA-CCSSO Joint Workshop on IDEA Reauthorization

  5. The Landscape of Litigation: Where the Action Is (or Is Likely to Be) • Are all students included? • ESEA 95% rule • Testing as a benefit • What standards are being measured? • The constructs measured • The authority to set the standards • What accommodations are appropriate? • A patchwork quilt among 50 states, even where comparable constructs/standards of learning • Alignment issues • Testing practices vs. reporting of scores and counting results NGA-CCSSO Joint Workshop on IDEA Reauthorization

  6. The Landscape of Litigation: Where the Action Is (or Is Likely to Be) • Are IEPS aligned with state standards? • Process conundrums: standardization vs. individualization • OTL for students with disabilities • Are alternate assessments required, and if so in what circumstances? • District/state accountability vs. individual student accountability (e.g., high school exit exam) • Is there a private right of action for monetary damages? • The many dimensions of FAPE/the IDEA “laundry list” NGA-CCSSO Joint Workshop on IDEA Reauthorization

  7. Legal developments of note • Rene v. Reed, 32 IDELR 196 (Ind. Sup. Ct. 2000), aff’d, 751 N.E.2d 736 (Ct. App. 2001) • Chapman v. California Department of Education(preliminary injunction hearing scheduled for February, 2002) • Parents for Educational Justice v. Picard, 2000 U.S. LEXIS 6382 (E.D. La. 2000). • GI Forum v. Texas, 87 F. Supp. 2d 667 (W.D. Tex. 2000) • OSERS Memoranda • January 17, 2001 • OCR Cases/Resolutions NGA-CCSSO Joint Workshop on IDEA Reauthorization

More Related