Special Ed Moms
Provided by Lowry-Fritz Special Education Law Consulting Services
Provided by Lowry-Fritz Special Education Law Consulting Services
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Disclaimer:
The information on this website does not constitute legal advice. It is solely for
informational and educational purposes. It is not intended to be a legal
recommendation, nor should it substitute for obtaining legal counsel from your own
attorney. It may or may not represent the current law in your state or locality.
The information on this website does not constitute legal advice. It is solely for
informational and educational purposes. It is not intended to be a legal
recommendation, nor should it substitute for obtaining legal counsel from your own
attorney. It may or may not represent the current law in your state or locality.
| "Basic Training" Special Education Law Tutorial Program for Parents |
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* Student Manual
* Covers IDEA 2004,
IEPs, and Advocacy
Strategies
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| No Child Left Behind |
| Direct link to download the law: (Note: The document is 670 pages) |
The No Child Left Behind Act of 2001 (Public Law
107-110), generally referred to as NCLB, is a United
States federal law (statute). It purports to improve the
performance of elementary and high schools across
America.
In order to accomplish that purpose, NCLB addresses
several areas of concerns. The law sets more aggressive
accountability standards for schools, school districts and
states. The law also grants parents discretion in selecting
alternative schools for their children to attend, should their
current school fail to achieve adequate yearly progress.
NCLB also places an increased emphasis upon reading.
Through six major provisions, NCLB addresses the
following issues:
Adequate yearly progress
Teacher quality
Student testing
Parent involvement
Scientifically-based research
Public school choice
Adequate Yearly Progress
Under No Child Left Behind, States must achieve
"adequate yearly progress" (AYP). The U.S. Department
of Education defines "adequate yearly progress" as "an
individual state's measure of progress toward the goal of
100 percent of students achieving to state academic
standards in at least reading/language arts and math."
AYP sets the minimum yearly proficiency level that the
schools must attain regarding a number of academic
indicators (i.e. annual tests, assessments, graduation rates,
etc.) All students must be proficient by the 2013-2014
school year.
Students attending Title I (low-income) schools which do
not achieve AYP for a number of years have the option to
receive free tutoring, or to transfer to another school
within the district.
Teacher Quality
No Child Left Behind mandates that all teachers be
deemed "highly qualified", according to the state's
certification and licensing requirements.
Individuals who are not new to teaching must hold a
bachelor's degree and must pass a state assessment
demonstrating teaching skills and subject knowledge.
New teachers must possess the following prerequisites:
1. At least a bachelor's degree;
2. At the elementary level, the individual must pass a state
assessment, proving their subject mastery and teaching
abilities in reading/language arts, writing, math and
other basic elementary school curriculum areas;
3. At the middle- and high-school levels, the individual
must pass a state assessment in each academic area
they teach, and have either an undergraduate major, a
graduate degree, coursework equivalent to an
undergraduate major or an advanced certification or
credentials.
For additional information regarding teacher quality, visit
the U.S. Department of Education website at:
www.ed.gov/programs/teacherqual/guidance.doc
Student Testing
Student improvement in math and reading will be
measured annually in Grades 3 through 9, and at least
once in high school. Additionally, by the end of the
2007-2008 academic year, science tests will be
administered once during Grades 3-5, 6-9, and 10-12.
Parent Involvement
No Child Left Behind institutes certain requirements to
involve parents in the school improvement planning
process. States must inform parents on the status of the
schools within each district. In accordance with the law,
each state must provide thorough disclosure regarding
each school's yearly progress. Also, states are required
to notify parents when their child's teacher has not
achieved "highly qualified" status.
Scientifically-Based Research
Pursuant to No Child Left Behind, schools must use
"scientifically based research" strategies both in the
classroom, and for the staff's professional development.
In order to further understand the meaning of "scientifically
based research," the U.S. Department of Education has
created the What Works Clearinghouse
(www.whatworks.ed.gov).
Public School Choice
Schools which have not met AYP for a number of years
must provide students with the opportunity to transfer to
another school within the district. As an alternative,
students may take advantage of free tutoring.
107-110), generally referred to as NCLB, is a United
States federal law (statute). It purports to improve the
performance of elementary and high schools across
America.
In order to accomplish that purpose, NCLB addresses
several areas of concerns. The law sets more aggressive
accountability standards for schools, school districts and
states. The law also grants parents discretion in selecting
alternative schools for their children to attend, should their
current school fail to achieve adequate yearly progress.
NCLB also places an increased emphasis upon reading.
Through six major provisions, NCLB addresses the
following issues:
Adequate yearly progress
Teacher quality
Student testing
Parent involvement
Scientifically-based research
Public school choice
Adequate Yearly Progress
Under No Child Left Behind, States must achieve
"adequate yearly progress" (AYP). The U.S. Department
of Education defines "adequate yearly progress" as "an
individual state's measure of progress toward the goal of
100 percent of students achieving to state academic
standards in at least reading/language arts and math."
AYP sets the minimum yearly proficiency level that the
schools must attain regarding a number of academic
indicators (i.e. annual tests, assessments, graduation rates,
etc.) All students must be proficient by the 2013-2014
school year.
Students attending Title I (low-income) schools which do
not achieve AYP for a number of years have the option to
receive free tutoring, or to transfer to another school
within the district.
Teacher Quality
No Child Left Behind mandates that all teachers be
deemed "highly qualified", according to the state's
certification and licensing requirements.
Individuals who are not new to teaching must hold a
bachelor's degree and must pass a state assessment
demonstrating teaching skills and subject knowledge.
New teachers must possess the following prerequisites:
1. At least a bachelor's degree;
2. At the elementary level, the individual must pass a state
assessment, proving their subject mastery and teaching
abilities in reading/language arts, writing, math and
other basic elementary school curriculum areas;
3. At the middle- and high-school levels, the individual
must pass a state assessment in each academic area
they teach, and have either an undergraduate major, a
graduate degree, coursework equivalent to an
undergraduate major or an advanced certification or
credentials.
For additional information regarding teacher quality, visit
the U.S. Department of Education website at:
www.ed.gov/programs/teacherqual/guidance.doc
Student Testing
Student improvement in math and reading will be
measured annually in Grades 3 through 9, and at least
once in high school. Additionally, by the end of the
2007-2008 academic year, science tests will be
administered once during Grades 3-5, 6-9, and 10-12.
Parent Involvement
No Child Left Behind institutes certain requirements to
involve parents in the school improvement planning
process. States must inform parents on the status of the
schools within each district. In accordance with the law,
each state must provide thorough disclosure regarding
each school's yearly progress. Also, states are required
to notify parents when their child's teacher has not
achieved "highly qualified" status.
Scientifically-Based Research
Pursuant to No Child Left Behind, schools must use
"scientifically based research" strategies both in the
classroom, and for the staff's professional development.
In order to further understand the meaning of "scientifically
based research," the U.S. Department of Education has
created the What Works Clearinghouse
(www.whatworks.ed.gov).
Public School Choice
Schools which have not met AYP for a number of years
must provide students with the opportunity to transfer to
another school within the district. As an alternative,
students may take advantage of free tutoring.
| Criticism of No Child Left Behind |
As is the case with many laws, great controversy
surrounds the No Child Left Behind Act. Many states,
organizations and people criticize NCLB on a variety of
grounds.
One state even chose to ignore certain portions of this
federal law. On May 3, 2005, the governor of Utah
signed a state law that permits Utah school districts to
disregard specific aspects of the statute which run
contrary to Utah's educational programs. As a
consequence, the U.S. Department of Education
threatened to retain federal education funding from the
state (an amount which equalled $76 million). The direct
link to an MSNBC story regarding this matter is:
http://www.msnbc.msn.com/id/7713931/.
Regarded as one of the law's primary shortcomings is the
government's failure to fully fund the act. There is simply
not enough federal funding to support the program's grand
goals.
Another criticism involves the requirement of "highly
qualified teachers." More aggressive licensing and
credentialing requirements are very difficult to accomplish
and execute for special education teachers, as well as
teachers in rural areas.
Much criticism also surrounds the extensive use of
standardized tests as the exclusive means to measure
student progress. Critics fear that use of these tools
trigger the classroom practice of "teaching to the test."
Additionally, standardized tests have long been charged
with inherent cultural bias.
Some criticisms also stem from the act's requirement that
schools distribute to military recruiters, the name, and
home phone number and address of every student
enrolled in the school.
surrounds the No Child Left Behind Act. Many states,
organizations and people criticize NCLB on a variety of
grounds.
One state even chose to ignore certain portions of this
federal law. On May 3, 2005, the governor of Utah
signed a state law that permits Utah school districts to
disregard specific aspects of the statute which run
contrary to Utah's educational programs. As a
consequence, the U.S. Department of Education
threatened to retain federal education funding from the
state (an amount which equalled $76 million). The direct
link to an MSNBC story regarding this matter is:
http://www.msnbc.msn.com/id/7713931/.
Regarded as one of the law's primary shortcomings is the
government's failure to fully fund the act. There is simply
not enough federal funding to support the program's grand
goals.
Another criticism involves the requirement of "highly
qualified teachers." More aggressive licensing and
credentialing requirements are very difficult to accomplish
and execute for special education teachers, as well as
teachers in rural areas.
Much criticism also surrounds the extensive use of
standardized tests as the exclusive means to measure
student progress. Critics fear that use of these tools
trigger the classroom practice of "teaching to the test."
Additionally, standardized tests have long been charged
with inherent cultural bias.
Some criticisms also stem from the act's requirement that
schools distribute to military recruiters, the name, and
home phone number and address of every student
enrolled in the school.
| In order to learn more about the content, strengths and weaknesses of the No Child Left Behind Act, please take time to visit the following websites: www.ed.gov www.ourchildrenleftbehind.com |
| Support for No Child Left Behind |
Supporters of the No Child Left Behind Act cite multiple
potential educational gains.
First, proponents of the law claim that the act will
increase accountability in public schools, by forcing the
schools to improve instruction and student progress.
Second, supporters point out the more expansive
educational opportunities granted to students attending
poorly performing schools.
Finally, those favoring this Act claim that it will bridge the
academic gap between minority and non-minority
students.
potential educational gains.
First, proponents of the law claim that the act will
increase accountability in public schools, by forcing the
schools to improve instruction and student progress.
Second, supporters point out the more expansive
educational opportunities granted to students attending
poorly performing schools.
Finally, those favoring this Act claim that it will bridge the
academic gap between minority and non-minority
students.
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