Our Kids Count > IEPs and NCLB

Issues Regarding the Use of the
Individualized Education Program (IEP) for
Assessment and Accountability Under No Child Left Behind

Because of the alignment of the Individuals with Disabilities Education Act (IDEA) and No Child Left Behind, special education students are expected to have

• access to the general curriculum
• highly qualified teachers who know the academic content that they are teaching
• individualized supports and services necessary to achieve the same academic standards as all other students.

Schools, school districts and states are required to measure and report this progress as part of the NCLB accountability system.

It has been suggested that changes to the Elementary and Secondary Education Act (ESEA) in its next reauthorization should allow schools to use the Individualized Education Program (IEP) as the primary accountability tool for demonstrating the progress of special education students in order to achieve Adequate Yearly Progress (AYP).

There are a multitude of reason why a student’s IEP cannot and should not be used for NCLB accountability. Specifically, these are:

• The IEP outlines agreed upon services and supports required to address the individual needs of a student that enable him or her to participate in the regular education curriculum aligned to the standards set for all and with his or her peers without disabilities to the maximum extent appropriate.
  
  
• The IEP serves as a tool for monitoring individual child progress based only on the effectiveness of the individualized services and supports developed to address the student’s disability related educational needs.
  
  
• The IEP is not designed or utilized as a tool for holding schools accountable for ensuring that students with disabilities are taught to the academic content and achievement standards established by the state for all students. As a result, a student's annual goals are often set too low and do not align with state or district content standards.
  
  
• It is not possible to aggregate performance data from IEP goals to use as valid, reliable data in determining accountability at a school, district or state level .
  
  
• There are no consequences attached to a student’s failure to attain individual IEP goals.
  
  
• IEP teams do not make curriculum decisions.
  
  
• Some 14 percent of public school students currently receive special education supports nationally. The rate is as high as 20% in some states. To exclude students with disabilities from the determination of Adequate Yearly Progress as required by NCLB, or to marginalize their participation by using IEP goal attainment as an alternative measure will limit accountability for one of every 5 to 7 public school students and will surely result in a violation of their civil rights under Section 504 of the Rehabilitation Act.

Tell your representative in the U.S. House of Representative to reject this recommendation and continue to hold schools, school districts and states accountable for the academic achievement of all students, including those who require special education. Communicate your message via email and/or phone.

Your message is particularly important if your elected official serves on the Education and Labor Committee.

Questions? Contact us.