Publications

NAPCSE Parent Special Education e-Journal

NAPCSE Parent Special Education e-Journal

April 2005

Table of Contents

PRESIDENTS MESSAGE - DR. GEORGE GIULIANI - Click here

FROM THE U.S. OFFICE OF EDUCATION & SPECIAL EDUCATION - Click here

The Office of Special Education Programs (OSEP) Publishes Part Two of Attention Deficit Hyperactivity Disorder (ADHD) Resource for School and Home
Students with Disabilities to Gain Improved Access to Learning
Study Shows Educational Achievement Gender Gap Shrinking
National Progress Being Made in Serving Students with Limited English Proficiency
Spellings Urges House to Pass $56 Billion Education Budget

NAPCSE FOCUS QUESTION : WHO HAS A LEARNING DISABILITY ANYWAY? - Click Here

STATE AND DISTRICT WIDE TESTING - HOW DOES IT AFFECT CHILDREN IN SPECIAL EDUCATION? - Click Here

Resources for Including Children with Disabilities in State and District-Wide Assessments

NAPCSE CONTROVERSIAL ISSUE - ZERO TOLERANCE IN SCHOOLS - DOES IT WORK? - Click Here

IMPORTANT INFORMATION ABOUT EARLY CHILDHOOD EDUCATION - Click Here

National Early Childhood Transition Searchable Database (Web Page)
Infection Puts Extremely Low Birth Weight Infants at Risk for Developmental Delays
Children Born in 2001: First Results from the Base Year of the Early Childhood Longitudinal Study, Birth Cohort (ECLS-B)
Virtual Pre-K Makes Lessons Real Tutor.com: Virtual Relief for Homework Headaches
Close-Up: No Child Left Behind—Early Reading First Starting School After Early Childhood Education
Rapid New Test Developed for Inherited Immune Deficiency--Newborn Screening Could Detect Bubble Boy Illness Early, Save Lives

IMPORTANT INFORMATION ABOUT THE EDUCATION OF EXCEPTIONAL CHILDREN - Click Here

Antidepressants for Children Must Have Warnings: FDA Advisers
The Characteristics, Experiences, and Outcomes of Youth with Emotional Disturbances
Home Schooling
Serving Youth with Hidden Disabilities

BULLYING—IS IT PART OF GROWING UP OR A PART OF SCHOOL VIOLENCE? - Click Here

IMPORTANT INFORMATION ABOUT EXCEPTIONAL TEENAGERS - Click Here

Combination Treatment Most Effective for Adolescents with Depression
Young Drivers with Attention-Deficit/Hyperactivity Disorder

NEED A PUBLISHER OF A BOOK SPECIFIC TO YOUR CHILD’S NEEDS?HERE ARE DISABILITY PUBLISHERS FOR YOU TO KNOW - Click Here

LEGAL ISSUES AFFECTING PARENTS OF CHILDREN WITH DISABILTIES - Click Here

Individuals with Disabilities Education Improvement Act (IDEA 2004) Update
What are the Major Changes Between IDEA 1997 and IDEA 2004?
Individuals with Disabilities Education Improvement Act and No Child Left Behind
Summary of IDEA 2004--From the National Collaborative on Workforce and Disability

AMERICANS WITH DISABILITIES ACT (ADA) - Click Here

The American’s with Disabilities Act- Job Applicants and Employees with Intellectual Disabilities
New Fact Sheet on Employment Rights of People with Intellectual Disabilities
Righting the Americans with Disabilities Act
U.S. Department of Labor Office of Disability Employment Policy--Dispelling Myths about the Americans with Disabilities Act

OTHER SPECIAL EDUCATION/DISABILITY LEGAL CASES - Click Here

Court to Hear ADA Suit Over Cruise Ships: Spector v. Norwegian Cruise Line
Mother Sues, Alleges Abuse in Special Education
Bush Signs Youth Suicide Prevention Bill-Grants Include Money for Early Intervention
Quadrapalegic Attorney Settles “Apprentice Lawsuit”

NO CHILD LEFT BEHIND (NCLB) - WHAT’S THE LATEST WITH NCLB? - Click Here

No Child Left Behind-Standard Technology for Students with Disabilities
Making the No Child Left Behind Act Work for Children Who Struggle to Learn: A Parent's Guide (2004)-Guidebook
New National Survey Shows Public Support for No Child Left Behind Act is Increasing; Recent Negative Attacks & Distortions on Education Reform Law Have Fallen Flat
New Parent Guide on NCLB
More on NCLB from NCLD
NCLB Implementation in Rural America
Close-Up: No Child Left Behind—What Works Clearinghouse
Making the "No Child Left Behind Act" Work for Children Who Struggle to Learn
A Guide to Education under the No Child Left Behind Act--Homework Help
Close-Up:No Child Left Behind—Improving Student Achievement Through Technology

PARENTS - GOT THE HOMEWORK BLUES? NAPCSE HAS GOT THE ANSWERS - Click Here

THE NATIONAL INSTITUTE OF HEALTH (NIH) - ARTICLES THAT AFFECT CHILDREN WITH SPECIAL NEEDS - Click Here

NIH Funds Centers to Study Islet Transplantation
NIMH Grant to Explore Genetics of Autism
Psychotherapy and Medications are Best for Youth with Obsessive Compulsive Disorder (OCD)
Brains of People with Autism Recall Letters of the Alphabet in Brain Areas Dealing with Shapes-Finding Supports Theory That Autism Results From Failure of Brain Areas To Work Together
National Heart, Lung, and Blood Institute (NHLBI) Stops Study Testing How Long Children with Sickle Cell Anemia Should Have Blood Transfusions to Prevent Stroke
U.S.-Born Mexican Americans and Non-Hispanic Whites at Increased Risk for Psychiatric Disorders -Findings Raise New Questions About Influence of Culture
ADHD Linked to Mom's Iodine Levels
Eating at Fast Food Restaurants, Weight Gain, and Insulin Resistance in Young Adults
Gene That Blocks Regrowth of Hearing Cells Identified for the First Time
International Coalition to Fund Autism Genetics Research
Mothers’ Exposure to Air Pollutants Linked to Chromosome Damage in Babies
Scientists Use Gene Therapy to Restore Hair Cells in Deaf Guinea Pigs

OTHER ARTICLES OF INTEREST FOR PARENTS WITH CHILDREN IN SPECIAL EDUCATION - Click Here

Emergency Preparedness and Individuals with Disabilities
Streaming Allows Deaf to Learn Online
Online Learning: A Smart Way to Nurture Gifted Kids
Union Seeks Streamlining for Special Ed Formula
Parents Working to Eliminate Hurtful Acronym for Special Education
In Their Own Words: Employer Perspectives on Youth with Disabilities in the Workplace (Guidebook)
Bullying-A Discussion and Activity Kit to Use with Children
Buddies Help Students with Autism
Research from The National Council on Disability: Designing for Inclusion- Creating a New Marketplace
Deciphering A Mystery: New Research Provides Clues To The Genetic, Neurological, And Molecular Basis Of Autism
Top 10 Toys for Children with ADHD
ParentAcademy Could Help Kids Learn
Survey Invitation for Educators of English Language Learners and Students with Disabilities
2004 National Organization on Disability/Harris Survey of Americans with Disabilities
Technical Sign Language Guide Goes Online
Reading the Brain: Technology May Soon Tell Researchers Why Some Kids Have Trouble Reading
InclusionEffortsHelpIndianapolisSchool Cope with Poverty, Turnover, Special Needs
National Suicide Prevention Lifeline 1-800-273-TALK
Top Ten Titles for Students with Print Disabilities Released by Recording for the Blind & Dyslexic
Maryland Test a Problem for Deaf Students--Questions Ask Students to Match Words by Sound
Bullies Target Diabetic Youths
Preparing for an International Career: Pathways for People with Disabilities

UPCOMING CONFERENCES AND EVENTS FOR PARENTS OF CHILDREN IN SPECIAL EDUCATION - Click Here

ACKNOWLEDGEMENTS - Click Here

PRESIDENT’S MESSAGE

President’s Message from Dr. George Giuliani

Welcome To the April, 2005 edition of The NAPCSE Parent Special Education e-Journal. We hope the 2005 spring season is a happy, healthy, and productive one for all of you.

The past few months have been extremely busy here at NAPCSE. As always, we are committed to making sure that you are kept up-to-date with all of the most current information in the field of special education. As such, we have added, and continue to add, hundreds of new sites to the data base this year.

In April, we began the new NAPCSE Parent Forum. Here, you can:

Post new topics in the field of special education

Reply to other peoples' topics on special education
Edit your posted messages on special education issues
Receive email notification of replies to posted messages on special education topics and topics in special education that you specify
Send private messages to other forum parents or special education professionals who are Forum members
Enter special education events in the Forum calendar
Set up a 'buddy-list' of other special education professionals/Forum members to quickly see which of your friends are currently online

To keep the NAPCSE Parent Forumfresh, we encourage you to visit it and always feel free to give us suggestions on ways in which we can improve not only the Forum but NAPCSE as a community.

Finally, remember that NAPCSE is your organization, and anything we can do to enhance your knowledge of any issue in special education, we will very seriously take into consideration. We wish a very happy, safe, and healthy spring season (and for those of you in the Northeast, no more snow!!)

Sincerely,

Dr. George Giuliani

FROM THE U.S. OFFICE OF EDUCATION & SPECIAL EDUCATION

The Office of Special Education Programs (OSEP) Publishes Part Two of Attention Deficit Hyperactivity Disorder (ADHD) Resource for School and Home

OSEP announces a new publication, Teaching Children with Attention Deficit Hyperactivity Disorder: Instructional Strategies and Practices. The report, designed for teachers, other school staff, and families, describes an overall strategy for successfully instructing students with ADHD. Suggestions of research-based academic instruction, behavioral interventions and classroom accommodations are provided. For more details, visit: http://www.ed.gov/about/reports/annual/osep/index.php#adhd-res2

Students with Disabilities to Gain Improved Access to Learning

Students with blindness, low vision and print disabilities are expected to gain improved access to textbooks under a voluntary standardized format for electronic files, U.S. Secretary of Education Rod Paige announced today. On behalf of Secretary Paige, Deputy Secretary of Education Gene Hickok discussed the new standard at an event commemorating the 14th anniversary of the Americans with Disabilities Act. The event was co-sponsored by the Departments of Commerce and Education in Washington, D.C.

"President Bush believes that every single child can learn and deserves the opportunity to learn—that's why he pushed for the historic education reforms of the No Child Left Behind Act," Secretary Paige said. "Today, we're taking another step toward this goal with a new, voluntary standard that will enable students and teachers to more quickly access general curriculum materials, thereby opening more doors of opportunity to students."

When textbooks and classroom materials are produced using this voluntary standard, they will be in a standard electronic format that can be adapted to products ranging from Braille editions of textbooks to on-screen displays of text and graphics. In past years, the lack of a standardized format meant that publishers had to produce materials in multiple formats—often causing delays that meant students with disabilities did not receive their textbooks in time for the beginning of the school year.

To address these challenges, the Department of Education's Office of Special Education Programs provided funding to the NationalCenter on Accessing the General Curriculum at the Center for Applied Special Technology, Inc. to convene an expert panel to establish a voluntary, standardized format for materials. The 40-member panel included educators, publishers, technology specialists and advocacy groups.

In addition to establishing the new standard, the Department of Education will fund two centers to support further development and assist states with implementing the voluntary standard, thus improving academic results for students with disabilities.

The No Child Left Behind Act is the bipartisan landmark education reform law designed to change the culture of America's schools by closing the achievement gap among groups of students, offering more flexibility to states, giving parents more options and teaching students based on what works. Under the law's strong accountability provisions, states must describe how they will close the achievement gap and make sure all students, including students with disabilities, achieve academically.

For more information on the National Instructional Materials Accessibility Standard, please visit http://www.cast.org/NFF/NIMAS/.

Study Shows Educational Achievement Gender Gap Shrinking

Many of the educational gaps between males and females have been closed. The large academic achievement gaps that once existed between males and females have been eliminated in most cases and have significantly decreased in others, according to a new study by the U.S. Department of Education.

In elementary school, female fourth-graders outperformed their male peers in reading (2003) and writing (2002) assessments. Gender differences in mathematics achievement have been small and fluctuated slightly between 1990 and 2003. At the secondary school level, the gap in the National Assessment of Educational Progress (NAEP) reading achievement grew from 10 points in 1992 to 16 points in 2002, with males performing lower than females. Females entering college baccalaureate programs were more likely than their male counterparts to graduate within six years. In 2001, the overall participation rate of females in adult education was higher than that of their male peers (53 percent vs. 46 percent).

Other findings are that:

Females are less likely to repeat a grade and to drop out of high school.
Differences based on gender in math and science course-taking appear to be shrinking.
Female high school seniors tend to have higher educational aspirations than their male peers
Females have made substantial progress at the graduate level overall, but they still earn fewer than half of the degrees in many fields.

"It is clear that girls are taking education very seriously and that they have made tremendous strides," said U.S. Secretary of Education Rod Paige. "The issue now is that boys seem to be falling behind. We need to spend some time researching the problem so that we can give boys the support to succeed academically."

The study presents comparisons between males and females regarding preprimary education, elementary and secondary education, postsecondary education, and educational outcomes. Women overall have made substantial gains over the past 30 years educationally, although they are still underrepresented in some fields of study, such as computer science, engineering, and physical sciences, as well as more generally in doctoral and first-professional degree programs, the study found.

Trends in Educational Equity of Girls and Women was produced by the Department's NationalCenter for Education Statistics in the Institute of Education Sciences, and responds to legislation under the No Child Left Behind Act. It is an update and substantial revision of an earlier study released in 2000.

To download or view the report, please visit: http://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2005016

National Progress Being Made in Serving Students with Limited English Proficiency

Thanks to No Child Left Behind, for the first time, all states have developed and implemented English language proficiency standards and annually assessed English language learners, according to a new report from the Department about the progress of serving these five million students in our schools.

"FY 2002-2004 Biennial Report to Congress on the Implementation of NCLB, Title III, the State Formula Grant Program" is the first in-depth report to Congress containing data from the 50 states, the District of Columbia and Puerto Rico concerning the English language acquisition and academic achievement of limited English proficient students (LEPs) since NCLB was enacted. (English language learners or ELLs are also known as limited English proficient or LEP students.)

Prior to the implementation of NCLB in 2002, few states had developed these standards that now help teachers measure each student's progress in learning English. Currently, all states and the District of Columbia and Puerto Rico have established English language proficiency standards that are linked to state academic content standards in English in reading/language arts and mathematics.

"States have made significant progress toward implementing new Title III English language acquisition requirements in a very short period of time," said Secretary Margaret Spellings. "When President Bush envisioned helping all children in America who had previously been left behind, he knew that our English language learners faced some of the greatest challenges. That's why he made sure that the federal government played a vital role in ensuring their educational success, while at the same time, allowing the states the flexibility required to implement the Title III LEP language instruction programs effectively."

With the $477 million distributed through the Title III State Formula Grant program in FY 2003, states served more than four million LEP students. Based on the most currently available data from the states, there are approximately 5.1 million LEP students nationwide. Title III services reach approximately 80 percent of these students. Before NCLB, only approximately 15 percent of these students were being served through federal LEP programs nationwide. The change from competitive program grants to state formula grants means that many more LEP students are now being served.

"NCLB reflects a fundamental transformation in the relationship between the federal government and the states with regard to the education of LEP students," said Kathleen Leos, associate assistant deputy secretary of the Office of English Language Acquisition. "As a result, we are no longer funding programs, we are funding children."

States that receive Title III grants must also reserve up to 15 percent of their award for subgrants to local education agencies that have experienced a significant increase in the number of immigrant children and youths enrolled in schools.

Important data provided by the states about programs and participants in the 2003-04 school year indicate that:

51 of 52 state education agencies (includes D.C. and Puerto Rico) reported serving a total of 4,042,428 LEP students through 4,867 Title III formula subgrants to districts [local education agencies (LEAs)];
45 of 52 state education agencies (includes D.C. and Puerto Rico) reported funding 1,389 additional subgrants to LEAs that experienced significant increases in the number of immigrant children and youths;
All 52 state education agencies (includes D.C. and Puerto Rico) reported that out of a total of 1,218,238 immigrant children and youths, 827,638 were served by Title III;
51 state education agencies reported that 316,273 certified or licensed teachers were working in language instruction programs specially designed for ELLs;
All state education agencies reported using at least one type of English language instruction program offered through Title III, with 40 states using some type of a bilingual program in addition to their English as a second language (ESL) programs;
36 states, D.C. or Puerto Rico reported that 385,794 students transitioned out of language instruction programs into mainstream classrooms in 2002-03. In 2003-04, 44 states reported 447,905 students transitioned out of such programs.

"The No Child Left Behind changes for LEP students are making a big difference in the way our school systems view these children," added Spellings. "Because their achievement and progress must be carefully monitored and reported, there is more attention being placed upon their learning and ultimate success. We cannot afford to leave any group of children behind."

"No Child Left Behind has had a profound impact on the lives of these children and their families," said Leos. "Parents are getting more information about the progress of their children, and the law requires that they be notified in a language that they understand. They also have more options as to what program is best for their child. Recent studies have shown that most immigrant parents want their children to learn English, and this report shows us that these dreams are, in fact, being fulfilled."

Students are first identified as LEP by a state-approved English language proficiency assessment and then are recommended for placement in a language education program. The goal of these programs is that LEP students acquire English to allow them to achieve in academic content areas such as reading/language arts and mathematics in English at the same level of academic success established by the state for all students. Title III does not endorse or promote any specific type of language education program for LEP students, and states have the choice to use ESL or bilingual programs. Title III does require, however, that any language programs and professional development be scientifically based and effective.

States are also expected to provide professional development activities to assist personnel in meeting certification requirements for teaching LEP children. All 52 states require that all teachers of LEP students meet language fluency requirements.

Within the U.S. Department of Education, Title III is administered by the Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students (OELA).

The text of the report is available online at http://www.ncela.gwu.edu/oela/biennial05/index.php. It can also be ordered by calling toll free 1-877-4ED-Pubs (1-877-433-7827) or 1-877-576-7734 (TTY/TDD); via e-mail at edpubs@inet.ed.gov; or via the Internet at www.edpubs.org. You can also fax a request to 301-470-1244.

Spellings Urges House to Pass $56 Billion Education Budget

President's budget expands the promise of No Child Left Behind, promotes fiscal discipline and makes higher education more affordable, Spellings says U.S. Secretary of Education Margaret Spellings today strongly emphasized the need to bring accountability for results to the nation's high schools, and urged the U.S. House of Representatives to approve President Bush's proposed $56 billion FY 2006 budget for the Education Department, including the president's $1.24 billion High School Intervention initiative.

"The facts are hard to dispute: Our 15-year-olds are below average internationally in mathematics literacy and problem solving; just 18 out of 100 students enter college and graduate on time; and about two-thirds of students leave high school unprepared," Secretary Spellings said, citing studies that reflect ominously on America's high school student achievement during testimony before the House Appropriations Subcommittee on Labor, Health and Human Services, Education and Related Agencies.

"All this is set against a backdrop in which 80 percent of the fastest-growing jobs will require some post-secondary education," Spellings said. "It is imperative that we give our high school students the tools to succeed in the 21st century economy."

Secretary Spellings noted that the president's High School Intervention initiative will ensure that students graduate from high school with the skills they need to succeed in higher education and the workforce, and emphasized that under the president's plan, states and school districts—not the federal government—would design interventions that best meet their local needs.

In addition, the President's proposed budget would provide $250 million to measure high school students' achievement annually so that schools can be accountable for results.

"As we have learned, what gets measured gets done," Secretary Spellings said.

The President's proposed budget also includes $200 million for the Striving Readers program—a $175 million increase over 2005—and $120 million for a new Secondary Education Mathematics initiative.

Spellings also heralded the success of the landmark No Child Left Behind Act, and said the president's budget continues the "solid progress" begun three years ago when a bipartisan Congress passed the law. She noted the administration's commitment to teachers and said the budget includes a $500 million Teacher Incentive Fund to reward educators that show outstanding academic progress and to attract more of them to serve in challenging schools. Another $45 million would be invested in programs to encourage students to take more challenging coursework.

"Today, across the country, test scores are rising, schools are improving and the achievement gap is beginning to close for our youngest learners," Spellings said. "We must stay the course."

The proposed 2006 budget provides $13.3 billion—a $603 million increase or five percent more than last year—for Title I grants to help disadvantaged students. Title I funding has increased by 52 percent since President Bush signed the No Child Left Behind Act into law.

President Bush also has proposed $11.1 billion—a $508 million increase—in special education grants, which is 75 percent higher than five years ago.

For higher education, Secretary Spellings told the committee that President Bush's makes college affordability a priority. Specifically, the budget would increase Pell Grants by $100 for each of the next five years and make them available year-round so that students could learn on their own timetable.

To encourage more students to enter the critical fields of math and science—especially poor and minority students—a new Presidential Math-Science Scholars Program would be established. It would award up to $5,000 each to low-income college students pursuing degrees in these demanding and in-demand fields.

In addition, a new $125 million Community College Access Grants Fund would support dual-enrollment credit transfers for high school students taking college-level courses.

"With this budget's passage, student financial assistance will have risen from $48 billion to $78 billion during this administration," Spellings said.

Secretary Spellings also highlighted the fiscal discipline that the budget exhibits.

"We are committed to working with Congress to achieve these savings," she said. "Given the fiscal realities, we must target our resources wisely—toward flexibility and results."

The common thread among all of the president's education priorities, she said, is "aligning needs with results."

"It will not always be easy to find common budgetary ground given our nation's fiscal realities and wartime footing," Secretary Spellings said. "But I am here to listen to your priorities. The president has made tough choices. We know you will too. And we want to work with you to make the very best choices for America's students."

NAPCSE FOCUS QUESTION:

WHO HAS A LEARNING DISABILITY ANYWAY?

IDEA 2004 changes the way schools may make eligibility decisions for student being screened for learning disabilities. The National Association of School Psychologists has three online resources to help parents understand this change in the law.

New Directions in Identifying Learning Disabilities
www.teachersandfamilies.com/open/parent/idea1.cfm
These pages highlight the definition of learning disabilities, ways to identify students with learning disabilities, and what the changes in IDEA will mean for struggling students.

Learning Disabilities: A Primer For Parents About Identification
www.nasponline.org/publications/cq325ldinsert.php
Here, you'll find eligibility issues covered in more detail.

Response to Instruction in the Identification of Learning Disabilities: A Guide for School Teams
www.nasponline.org/publications/cq325instruction.php
"Response to instruction" is one method that may be used with a struggling student to determine if he/she meets the criterion for having a learning disability. Read more at the link above.

For a historical look at this change, see Who is Learning Disabled?, from the American Psychological Association, online at:
www.apa.org/monitor/sep03/disabled.php

STATE AND DISTRICT WIDE TESTING—HOW DOES IT AFFECT CHILDREN IN SPECIAL EDUCATION?

Resources for Including Children with Disabilities in State and District-Wide Assessments

The NationalDisseminationCenter for Children and Youth with Disabilities (NICHCY) recently connected readers with sources of information on including children with disabilities in state and district-wide assessments. This is an area of considerable concern and endeavor for state and local education agencies, educators, and families alike. Federal law--specifically, the Individuals with Disabilities Education Act (IDEA)--requires that students with disabilities be included in large state or district assessment programs. In order to enable children with disabilities to participate in such general assessments, appropriate accommodations may be made, as necessary, as well as modifications in how the assessments are administered (including individual modifications, as appropriate). The decision as to whether a particular child will participate in a particular assessment belongs to the IEP team. The IEP team also specifies what accommodations or modifications that child will need in order to participate.

However, a student's IEP team may also determine that the student cannot participate in a particular State or district-wide assessment of student achievement or part of such an assessment, even with modifications. If this is the case, the team must include a statement in the IEP as to why the assessment is not appropriate for the student and how he or she will be assessed. Under the law, the state or local education agency (SEA / LEA) must then assess the child using an alternate assessment.

It's complicated---and yet very important. There is enormous pressure for accountability, and states routinely use high stakes testing programs that require students to reach a specified competency level in order to graduate. Thus, how these tests affect students with disabilities is an area of continuing concern. We hope the resources we've listed below will be useful to parents and professionals alike. They focus upon discussions of what high stakes testing means for students, what types of accommodations and modifications states are using to enable their participation, and what alternate assessments are being designed for students whose IEP teams determine that they cannot participate in a particular state or district test.

The list below isn't intended to be exhaustive of the resources available on including children with disabilities in state and district assessments---it's ever-growing. NASET thanks NICHCY for the use of this information for it’s newsletter

What's Required---and Why?

Frequently asked questions--and answers.
www.education.umn.edu/nceo/TopicAreas/Participation/participation_FAQ.php
The participation of students with disabilities in state and district assessments is a special topic area of the NationalCenter on Educational Outcomes (NCEO). If this topic is new to you, you'll want to start your investigation with NCEO's FAQ (Frequently Asked Questions). What do you want to know? NCEO tries to answer the questions most people start with.

Education reform: What does it mean for students with disabilities? http://ici2.umn.edu/ntn/pub/briefs/edre.php
This brief will tell you why there's such a fuss about assessments, how students with disabilities participated in the past, and how they'll participate now.

All Kids Count: Including students with disabilities in statewide assessment programs. http://fcsn.org/peer/assess.php
The guide you'll find at the link above is a product of the PEER Project, a technical assistance project formerly funded by the U.S. Department of Education, Office of Special Education Programs. All Kids Count is intended as a basic primer on the participation of students with disabilities in statewide assessment systems. Its purpose is to give parents, parent leaders, professionals, and other interested parties basic guidelines and points of reference for participating in discussions around policies and practices related to the inclusion of students with disabilities in large-scale assessment programs.

Assessing students with disabilities: Issues and evidence. www.cse.ucla.edu/reports/TR587.pdf
This 2003 report discusses major issues raised by the inclusion of students with disabilities in large-scale assessments and summarizes pertinent research.

Any guidance from the feds? www.dssc.org/frc/fed/OSEP01-06.FFAssessment.pdf
Guidance on Including Students with Disabilities in Assessment Programs is available from the Office of Special Education Programs (OSEP), U.S. Department of Education. Find the family-free version at the link above. The same information, prepared for state directors of special education, is available at: www.dssc.org/frc/AssessmentQ%26A.php

What are the positive aspects of including students with disabilities in assessment programs?www.education.umn.edu/nceo/OnlinePubs/Synthesis51.php
When investigators document the consequences of high stakes assessments for students with disabilities, many negative consequences are cited. The NationalCenter on Educational Outcomes (NCEO) examined both empirical and anecdotal evidence for positive consequences of large-scale high-stakes assessments for students with disabilities. This report synthesizes their findings.

Test Accommodations

Accommodations: Making it possible for students to show you "what they got." www.education.umn.edu/nceo/TopicAreas/Accommodations/Accom_topic.php
And we're back at the NationalCenter on Educational Outcomes (NCEO), because they're the experts! Check out their resources on testing accommodations, which are "changes in testing materials or procedures that enable students to participate in assessments in a way that allows abilities to be assessed rather than disabilities." This NCEO special topic area includes, among other things, an Introduction to Accommodations (the link above) and an FAQ (Frequently Asked Questions). Find out what accommodations are, what categories they fall into, and when you'd wanna make one (or two...) for a student with a disability.

When you make a change to the test, what happens?www.ihdi.uky.edu/msrrc/PDF/Tindal&Fuchs.PDF
If you make an accommodation, does it make the student's test results any less valid? This 1999 summary addresses the issue of validity with primary consideration on using this research to implement sound testing practices and to make appropriate educational decisions.

A summary of research on test changes.
http://education.umn.edu/nceo/onlinepubs/Technical34.php
This 2002 paper, entitled "A Summary of Research on the Effects of Test Accommodations: 1999 through 2001," summarizes research on the effects of test accommodations, including: type of assessment, content area assessed, number of research participants, types of disabilities included in the sample, grade-level of the participants, research design, research findings, limitations of the study, and recommendations for future research.

Try the Online Accommodations Bibliography.
http://education.umn.edu/nceo/AccomStudies.php
The Online Accommodations Bibliography, at the NationalCenter on Educational Outcomes (NCEO), allows users to search a compilation of empirical research studies on the effects of various testing accommodations for students with disabilities. Convenient, eh? The research you'll find is the same as what's summarized in the article cited and linked in the last bullet, plus additional research studies presented or published in more recent years.

Need a toolkit or staff development tool on assessment accommodations?
www.cec.sped.org/bk/catalog2/assessment.php
Making Assessment Accommodations: A Toolkit For Educators 2000 [and Videotape] is a product of the ASPIIRE and ILIAD IDEA Partnership Projects, formerly funded by OSEP. An introductory section provides an overview of the toolkit. A 15-minute videotape looks at commonly used assessment accommodations from the perspectives of practitioners, policymakers, administrators, and parents. The Practitioner's Guide section briefly describes the most commonly used accommodations in five areas: timing, scheduling, setting, presentation, and response. The Administrator's Guide section includes a discussion of implementation along with examples of schools that have made assessment accommodations for students with disabilities. A pamphlet to share with family members is also included in this section. The final section presents suggestions and ideas for using the toolkit in staff development sessions for small study groups. To order, call The Council for Exceptional Children, 1.888.232.7733, or e-mail service@cec.sped.org.

State policies: Assessment and accommodations.
www.education.umn.edu/nceo/TopicAreas/Accommodations/StatesAccomm.php
Want to know what your state's policy is about including students with disabilities in standardized assessments? Take a look at the link above, courtesy of the NationalCenter on Educational Outcomes (NCEO), which has been tracking and analyzing state policies on participation in assessments and accommodations for more than a decade now.

And then you include the scores of students with disabilities in the state's accountability system, right? No matter what they are?
www.education.umn.edu/nceo/OnlinePubs/Technical33.php
States want to have good scores on their tests, just like any student does. If the students in the state do well on these large-scale tests, that means the state's education system is working. But what if the scores turn out lousy? No one wants to hear that bad news! Nonetheless, states have to tell us how students are doing (and, by extension, how the state's system is doing). But are they really including students with disabilities in the overall performance picture? This study, "Are we there yet? Accountability for the performance of students with disabilities," identifies and describes the accountability systems that states are using, and discusses the degree to which publicly available documents clearly articulate whether students with disabilities are included in accountability calculations.

Want more resources? Try NICHCY's TA&D Resource Library. www.nichcy.org/search.php At our "Search for Info" page (the link above), put a check in the box labeled "Resource Library (TA&D Products)," enter the search term "Assessment" (or Accommodations" or "Alternate Assessment"), and you'll get a list of all the publications and products available on the subject that are available from the TA&D (Technical Assistance and Dissemination) network funded by the Office of Special Education Programs (OSEP) at the U.S. Department of Education.

Alternate Assessments

What we know and need to know about alternate assessment.
Click here This 2003 journal article appears in Exceptional Children, Vol. 70, No. 1, pp. 45-61. It reviews promises, practices, and provisos of using alternate assessments to measure progress of students with disabilities in statewide assessment programs.

Alternate assessment: Q & A.
www.usu.edu/mprrc/infoserv/pubs.cfm#aa
This document was created as a tool for state staff, local educators, and other stakeholders who have a vested interest in creating an alternative assessment process for a state and local district. Alternative assessment is defined, and examples are offered.

Here's a ton of info on alternate assessment---all in one place.
Click here
You'll notice how often this A-Z page takes you to the NationalCenter on Educational Outcomes (NCEO)--that's because they're the experts! They offer a gratifying number of resources on alternate assessment, which is "designed to measure the performance of students who are unable to participate in general large-scale assessments used by districts and states." This NCEO special topic area includes, among other things, an Introduction (the link above), an FAQ (Frequently Asked Questions), and connection to resources on the subject.

What are your state's alternate assessment policies?
Click here
If you want to know what your state is up to, take a look at the link above, again courtesy of the NationalCenter on Educational Outcomes (NCEO), which has been tracking and analyzing state policies on participation in assessments and accommodations for more than a decade now.

A standard setting method for alternate assessments for students with significant disabilities.
www.education.umn.edu/NCEO/OnlinePubs/Synthesis47.php
Exploration of the rationale and design of the alternate portfolio assessment.

Want more resources? Try NICHCY's TA&D Resource Library.
www.nichcy.org/search.php
At our "Search for Info" page (the link above), put a check in the box labeled "Resource Library (TA&D Products)," enter the search term "Alternate Assessment" (make sure you put the phrase in quotation marks) and you'll get a list of all the publications and products available on the subject that are available from the TA&D (Technical Assistance and Dissemination) network funded by the Office of Special Education Programs (OSEP) at the U.S. Department of Education.

NAPCSE CONTROVERSIAL ISSUE—ZERO TOLERANCE IN SCHOOLS—DOES IT WORK?

An increasing number of youth are being denied educational opportunity under the principle of "zero tolerance," which is intended to send a strong message that certain behaviors will not be tolerated. But is zero tolerance actually effective in promoting school order and safety?

The issue has been studied and written about by researchers, policy analysts, advocates, and public commentators. A growing body of research indicates that schools with a comprehensive approach to school safety that encompasses all points on the prevention-intervention continuum can effectively prevent and address school violence and disorder, without excluding students from school. Read more to find out more.

Advocating for Reform of Zero Tolerance Student Discipline Policies: Lessons from the Field
www.edlawcenter.org/ELCPublic/Publications/

And there's more about zero tolerance at the American Bar Association Juvenile JusticeCenter.
www.abanet.org/crimjust/juvjus/zerotolerance.php

Read Beyond Zero Tolerance at the American School Board Journal:
www.asbj.com/current/research.php

IMPORTANT INFORMATION ABOUT EARLY CHILDHOOD EDUCATION

National Early Childhood Transition Searchable Database (Web Page)

The National Early Childhood Transition Research and TrainingCenter announces the availability of a new on-line, searchable database of approximately 700 early childhood transition related research, policy, and practice documents. This database is an on-going activity of NECTC and is designed to provide a one-stop resource for those interested in identifying potential transition resources. For more details, go to: http://www.ihdi.uky.edu/nectc/DATABASES/search.aspx

Infection Puts Extremely Low Birth Weight Infants at Risk for Developmental Delays

Extremely low birth weight infants, the tiniest category of premature infants, are much more likely to experience developmental impairments if they acquire an infection during the newborn period, according to a study by the Neonatal Research Network of the National Institute of Child Health and Human Development, one of the National Institutes of Health. The developmental impairments were seen regardless of the type of infection -- whether it occurred in the brain, blood or intestines.

The study was conducted by Barbara J. Stoll, M.D., of the Emory University School of Medicine in Atlanta, Georgia and her colleague. Appearing in the November 17 "Journal of the American Medical Association," the study reported that 65 percent of a group of extremely low birth weight infants had developed at least one infection during their hospitalizations after birth. These infants were more likely to have an impairment than were infants who had not developed an infection.

"This study shows us that successfully treating an extremely low birth weight infant's infection does not automatically ensure that the infant will do well," said NICHD Director Duane Alexander, M.D. "Parents and health care workers need to monitor these children carefully as they grow, and be ready to provide them with developmental and educational services, if necessary."

To learn more, visit: http://www.nih.gov/news/pr/nov2004/nichd-16.php

Children Born in 2001: First Results from the Base Year of the Early Childhood Longitudinal Study, Birth Cohort (ECLS-B)

The NationalCenter for Education Statistics released Children Born in 2001: First Results from the Base Year of the Early Childhood Longitudinal Study. The study of a nationally representative sample presents characteristics of children and families, information about children’s mental and physical skills, and their experiences in child care, as well as the extent of fathers’ involvement. To learn more, visit: http://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2005036

Virtual Pre-K Makes Lessons Real

Tutor.com: Virtual Relief for Homework Headaches

In the world of computers and high-tech gadgets the word “virtual” is most often defined as “existing in effect though not in actual fact.” Chicago Public Schools has discovered a way to make “virtual” become real through lesson plans that are available online, on videotape, or on CD. These lessons are designed for teachers, parents, and day-care providers to use when teaching preschool children.

“Virtual Pre-K”(VPK) is a teacher-created instructional tool focused on engaging preschool children in learning about themselves and the world around them. The lessons span three domains: the classroom, the home, and the community, so that classroom curriculum is integrated with home and community activities.

Designed and created for low-income families by the ChicagoPublic Schools and its Office of Early Childhood Education, Virtual Pre-K is a bilingual system in English and Spanish with tips on how to make learning come to life through hands-on activities. Teachers and day-care providers can use the video lessons in the classroom or other learning settings, and parents can use the supplemental lessons at home. Two themes in the series, All About Me and Taking Care of Me, create an educational framework to help build early literacy, math, social studies, and science skills. In addition, all lessons can be easily adapted for students with special needs.

In the classroom, teachers select a VPK lesson that relates to a current topic and plan a learning activity using the VPK Teacher’s Manual. At home, parents obtain “activity recipes” online that can be printed out to include in a "recipe box." Each recipe corresponds to a lesson used in the classroom.

For example, Virtual Pre-K has a unit called “Fun with Fruits and Vegetables.” Lessons on the video, CD, or web demonstrate to the teacher how to plant and grow vegetables from seeds and involve the children in the process. Using the same technology, parents are shown how to make a fruit and vegetable “Rainbow Salad” with the children. Then, VPK walks the parents through teaching “How Things Grow” in gardens and parks in the city or on a farm in the country.

The community domain of the program, called “Out and About,” also links to an up-to-date calendar that informs participants of preschool-appropriate events happening around their community. Parents are encouraged to connect lessons learned at school and at home with real-world experiences at public parks, theatres, museums, and other places.

In addition, parents can access other features on the colorful and easy-to-navigate Virtual Pre-K website. Friendly, illustrated characters lead visitors to links such as “the idea exchange” where discussion boards and live chat sessions are moderated by other parents and teaching professionals at Chicago Public Schools. Parents can track their child’s progress in Virtual Pre-K by following a trail of stars to a personalized “Success Chart” and by writing their own notes and observations online. VPK’s technology offers parents numerous benefits, not just for their children, but also for themselves. They can use the CD-ROM and website to develop their own computer literacy skills, and they can learn about other parenting resources on the Internet.

Alicia Narvaez, the Virtual Pre-K Director in Chicago, states, “We want to encourage the use of technology especially for parents who may not be used to computers. Surveys on our website show the demographics of our users, who are incredibly diverse both ethnically and economically. We wanted to create a program that would reach a diverse audience.”

During 2001, VPK’s first year, 4,000 teachers, administrators, parents, and others received training on the VPK model. Now, Virtual Pre-K materials are available for loan in Chicago preschool classrooms and in public libraries. Free computer access is provided at these locations and at designated VPK training sites around Chicago, making it easier for more parents to utilize the “high-tech” portion of the program.

The success of the program in Chicago has spurred the launch of the “Virtual Pre-K National Network,” an alliance of school districts and agencies created to improve parent involvement, children’s school readiness, and early education in general. During the 2003-04 school year, a spin-off project was formed, the VPK Model Classroom Initiative, which consisted of 22 Chicago early childhood teachers who met bi-monthly to plan and discuss VPK implementation in their classrooms. In June 2003 the DallasIndependentSchool District became the first national partner in the network. This school year, five California counties (San Bernardino, Los Angeles, Riverside, San Diego, and Orange) and the California Association for Bilingual Education (CABE) formed Virtual Pre-K Southern California. In each location, VPK is not only aligned with state standards, but also with the preschool curricula and goals of each unique locale.

The effectiveness of the program is measured through traditional and online surveys and through tracking by teachers and parents. Currently, the University of Chicago is working on an assessment of the first three years of Virtual Pre-K’s implementation and student performance.

More than 300 Chicago public school classrooms have adopted VPK and over 53,000 individuals have visited the website. Narvaez comments, “We [have a] 90 percent adoption rate of the program in our [Chicago preschool] classrooms,” which is significant, considering that Chicago teachers are voluntarily using Virtual Pre-K as an instructional resource.

Surveys conducted by Virtual Pre-K reveal that 57 percent of its website users are parents, who are anxious for more resources. With this information in mind, VPK is developing a “Virtual Kindergarten,” with 10 lessons and a website that targets skills and concepts specific to kindergarten learners. This initiative is designed with the idea that the VPK model can grow with parents and children.

Close-Up: No Child Left Behind—Early Reading First Starting School After Early Childhood Education

The U.S. Department of Education awarded 32 Early Reading First grants, each averaging $2.8 million, to eligible agencies and organizations across the country that were successful in a grant competition. The funding goes to help early childhood education programs prepare young children to enter kindergarten with the necessary language, cognitive and early reading skills, thus preventing reading difficulties and ensuring school success.

Part of the president's Good Start, Grow Smart initiative, Early Reading First is designed to transform existing early education programs into centers of excellence that provide high-quality, early education to young children, especially those from low-income families. The program was one of two reading programs created under the No Child Left Behind Act. Its cohort, Reading First, targets K-3 students to ensure that all children learn to read well by the end of the third grade.

Among its goals, the Early Reading First Program seeks to promote language and literacy activities developed from scientifically based reading research and that support the age-appropriate acquisition of oral language (vocabulary, expressive language, listening comprehension); phonological awareness (rhyming, blending, segmenting); print awareness; and alphabetic knowledge.

For more information, visit www.ed.gov/programs/earlyreading/index.php or call 202-260-4555.

Rapid New Test Developed for Inherited Immune Deficiency--Newborn Screening Could Detect Bubble Boy Illness Early, Save Lives

Bethesda, MD -- Researchers at the National Human Genome Research Institute (NHGRI), part of the National Institutes of Health (NIH), have developed a new laboratory method that rapidly identifies babies born with inherited forms of severe immune deficiency. The new genetic test, which still must be validated before widespread use, could someday be added to the panel of tests that already screen newborns for a variety of disorders.

The test identifies babies born with Severe Combined Immunodeficiency, or SCID, an illness in which the infant fails to develop a normal immune system. SCID babies can be infected by a wide range of viruses, bacteria and fungi that are normally controlled by a healthy baby's immune system. If undetected and untreated, SCID typically leads to death before the baby's
first birthday.

Developed in the NHGRI Division of Intramural Research (DIR), the new test can use the same dried blood samples already collected from newborns and would provide the first accurate, high-throughout screen for immune deficiencies. Prior efforts to identify this disorder by counting white blood cells in newborns proved unreliable and expensive.

"This new laboratory technique is an excellent example of how increasingly sophisticated genetic tools can be applied to important public health problems," said NHGRI Scientific Director Eric D. Green, M.D., Ph.D. "Here we have a chance to catch an illness early when treatment is most effective. This new approach provides a rapid, accurate indication of a possible immune problem immediately after birth while the infant is protected by the mother's antibodies still circulating in the baby's blood."

If SCID is diagnosed in time, there are effective treatments. One form of the disease can be treated with an injectable medication. All forms of the disorder can be cured through the transplantation of bone marrow if a matching donor can be identified. And finally, SCID may be treated through human gene therapy in which a normal copy of the defective gene may be inserted into the patient's own blood-forming cells. The first gene therapy experiments in history were carried out at NIH in 1990 in two young Ohio girls with SCID. The patients are alive, continue to do well and are involved in ongoing research at NHGRI.

The sooner a child is diagnosed, the sooner treatment can begin and the more likely it is to be effective.

"Too many babies are diagnosed too late," said Jennifer M. Puck, M.D., chief of NHGRI's Genetics and Molecular Biology Branch. "And some babies develop fatal infections before their condition is recognized. Recent research shows that bone marrow transplants in the first three months of life work better than transplants at a later age. So it is critical to identify affected
children immediately after birth. Since the babies lack overt clinical symptoms for some time, a molecular test is a good approach."

The newly developed screening tool exploits a detailed understanding of the maturation of T cells, one of the essential types of white blood cells that make up the immune system. Without a sufficient number of normal T cells, the immune system doesn't work, just as when the AIDS virus wipes out the same population of immune cells. During normal development, an individual T cell rearranges the gene that produces a so-called antigen receptor on the surface of the cell. The antigen receptor allows the T cell to identify an infectious agent and launch a defensive attack to kill the invader.

While rearranging the receptor gene, the maturing T cell produces a bit of leftover genetic material that forms a ring structure within the cell. Using a quantitative laboratory technique that measures the number of these rings within a blood sample, Dr. Puck's group was able to differentiate normal infants from those with SCID. In dried blood samples from healthy babies, the team was able to detect an average of 1,000 of these genetic rings; children with SCID had 30 or fewer. "That's a big difference," she said.

The development of the new test is described in the February issue of "The Journal of Allergy and Clinical Immunology". Although the availability of the test raises the question of whether states should begin using it on all newborns, Dr. Puck concluded that the new test is not quite ready for widespread use. It must first be validated.

"Our false positive rate was about 1.5 percent, which is too high to be practical for screening," Dr. Puck said. A baby with a positive test would need to be evaluated to see if he or she was actually sick; a false positive rate of 1.5 percent would mean three out of every 200 newborns would need further testing. "That would be a lot of babies going back to the doctor and a lot of worried parents. We are now working on ways to decrease the number of false positives."

To validate the test, Dr. Puck's group is collaborating with the newborn screening laboratory of the Maryland Department of Health and Mental Hygiene in Baltimore. The Maryland state lab is supplying some 5,000 blood samples already collected on newborns for the NHGRI lab to test. Although these samples are likely to be normal, they will be used to refine the laboratory procedures and establish quality control. Once the high-throughput screening approach has been validated with this large set of existing samples from Maryland, the NHGRI lab plans to begin prospectively testing newborns from the state. Other state testing laboratories also have expressed interest in participating in the prospective studies.

Although considered a rare disease, SCID is best known to the public from media accounts -- and a made-for-TV movie starring John Travolta – about David, the Bubble Boy, a Texas boy who spent his entire life in a germ-free environment, ultimately dying after a failed bone marrow transplant in early adolescence. No one knows exactly how many babies are born with SCID. Current estimates suggest that 1 in every 50,000 to 100,000 births may be affected, indicating SCID may be about as common as some of the inherited illnesses for which states currently screen all newborns. Experts suspect that many children with SCID die from infections before being diagnosed, so
the true incidence of the disease may be even higher. Newborn screening may
reveal the true incidence.

Because the new test is still experimental, it is not available to the general public and the cost has yet to be determined.

NHGRI is one of the 27 institutes and centers at the National Institutes of Health, which is an agency of the Department of Health and Human Services. The NHGRI Division of Intramural Research develops and implements technology to understand, diagnose and treat genomic and genetic diseases. Additional information about NHGRI can be found at www.genome.gov.

This NIH News Release is available online at: http://www.nih.gov/news/pr/feb2005/nhgri-22.php.

IMPORTANT INFORMATION ABOUT THE EDUCATION OF EXCEPTIONAL CHILDREN

Antidepressants for Children Must Have Warnings: FDA Advisers

Antidepressants prescribed to children should carry a clearly stated warning that they can sometimes trigger suicidal thoughts or actions in pediatric patients.
That was the unanimous recommendation handed up Tuesday by members of two U.S. Food and Drug Administration panels convened jointly to examine the risks of giving medications known as selective serotonin reuptake inhibitors to children, according to wire service reports. http://www.healthcentral.com/news/NewsFullText.cfm?id=521229 and http://aolsvc.health.webmd.aol.com/content/article/94/102656.php

The Characteristics, Experiences, and Outcomes of Youth with Emotional Disturbances

The National Longitudinal Transition Study (NLTS) provided the first national picture of the lives of youth with disabilities in their high school years and in their transition to early adulthood. NLTS analyses from the early 1990s showed tremendous variation across disability categories in the experiences and achievements of youth, yet the outcomes of youth in the primary disability category of emotional disturbance (ED) were found to be “particularly troubling” (Wagner et al., 1991, p. 11:3).

The National Longitudinal Transition Study-2 (NLTS2) provides another opportunity to take a look at youth with ED. How have their experiences changed in the years since NLTS? This Data Brief takes a fresh look at selected characteristics of youth with ED and their households that distinguish them from other youth with disabilities and/or from youth in the general population. It also describes aspects of their school histories and their current school programs and experiences, as well as indicators of their academic performance and social adjustment at school. Finally, the activities of youth with ED outside of school are highlighted.
http://www.ncset.org/publications/viewdesc.asp?id=1687

Home Schooling

The estimated number of K-12 children being educated at home in the U.S. increased by 29 percent between 1999 and 2003, growing to 1.1 million students and 2.2 percent of the school-aged population, according to a new study by the National Center for Education Statistics. http://www.christiantimes.com/Articles/Articles%20Sep04/Art_Sep04_05.php

Serving Youth with Hidden Disabilities

People with non-apparent disabilities, which include specific learning disabilities, Attention Deficit/Hyperactivity Disorder, Traumatic Brain Injuries, emotional disorders, and chronic illnesses, make up the largest numbers of individuals with disabilities. Because of the nature of hidden disabilities, identification and the assignment of needed interventions and supports are more difficult. Parents and professionals often have an inadequate understanding of the nature of hidden disabilities or useful accommodations. Most importantly, youth with hidden disabilities are less likely than others to disclose their disability because they want to avoid being stigmatized or being labeled. Consequently, youth with these disabilities may enter educational, training, and employment programs without communicating their disability and need for accommodations or special assistance.

According to the U.S. Department of Education Office of Special Education Programs, of the approximately 6 million children in special education programs in the United States, almost one half, or 2.9 million, have learning disabilities. (There are several studies that suggest workforce development and particularly programs focused on literacy probably include a substantial proportion of participants (ranging from 50% to 80%) with learning disabilities). Therefore, for this population alone, it is important that workforce development programs and youth service practitioners have a working knowledge of how to:

identify and screen for hidden disabilities;
assure that appropriate formal diagnosis occurs, if needed; and
ensure that appropriate accommodations and support services are provided in the career preparation process.

The National Collaborative on Workforce and Disability for Youth's recently released Career Planning Begins With Assessment: A Guide for Professionals Serving Youth with Educational & Career Development Challenges discusses in detail specific learning disabilities (SLD). More information can be found at http://www.ncwd-youth.info/resources_&_Publications/assessment.html.

BULLYING - IS IT PART OF GROWING UP OR A PART OF SCHOOL VIOLENCE?

It hasn't been much studied in the United States, it isn't part of most teacher training curricula, and many educators think there's little they can do to stop it. But bullying at school is getting new attention, as researchers find mental health implications in the fact that as many as one-third of students say they have either bullied someone or been the target of bullying. Researchers also consider it important that some 70 percent of the young persons who committed extreme acts of school violence such as shootings were later found to have been either victims or perpetrators of bullying in their schools.

http://www.healthinschools.org/focus/2004/no2.php

IMPORTANT INFORMATION ABOUT EXCEPTIONAL TEENAGERS

Combination Treatment Most Effective for Adolescents with Depression

A clinical trial of 439 adolescents with major depression has found a combination of medication and psychotherapy to be the most effective treatment. Funded by the NIH's National Institute of Mental Health (NIMH), the study compared cognitive-behavioral therapy (CBT) with fluoxetine, currently the only antidepressant approved by the U.S. Food and Drug Administration for use in children and adolescents. John March, M.D., Duke University, and colleagues, report on findings of the multi-site trial in the August 18, 2004, "Journal of the American Medical Association" (JAMA).

The results of the first 12 weeks of the Treatment for Adolescents with Depression Study (TADS), conducted at 13 sites nationwide, show that 71 percent responded to the combination of fluoxetine and CBT. The other three treatment groups, of participants between the ages of 12 and 17, also showed improvement, with a 60.6 percent response to fluoxetine-only treatment, and 43.2 percent response from those receiving only CBT. The response rate was 34.8 percent for a group that received a placebo. The difference in response rates for the latter two treatment groups was not statistically significant.

The $17 million study is the first large, federally funded study using an antidepressant medication to treat adolescents suffering with moderate to severe depression. TADS was conducted between the spring of the year 2000 and the summer of 2003.

Clinically significant suicidal thinking, which was present in 29 percent of the volunteers at the beginning of the study, improved significantly in all four treatment groups, with those receiving medication and therapy showing the greatest reduction.

For more information, visit http://www.nimh.nih.gov/press/prtads.cfm

Young Drivers with Attention-Deficit/Hyperactivity Disorder

The statistics regarding teenage drivers with Attention-Deficit/Hyperactivity Disorder (AD/HD) may make parents of such a driver nervous, especially when that driver is inexperienced. Don't panic yet! There are expert resources available. SchwabLearning.com has recently posted a series of articles that address young drivers with AD/HD:

Teaching Kids with LD to Drive: A Complex Family Matter
www.schwablearning.org/articles.asp?r=852

Teen Drivers with AD/HD: Realities and Risk Factors
www.schwablearning.org/articles.asp?r=855

When Teens with AD/HD are Learning to Drive: Parent Strategies
www.schwablearning.org/articles.asp?r=856

Keeping Licensed Teenage Drivers With AD/HD Safe: Parent Strategies
www.schwablearning.org/articles.asp?r=857

There are driving schools with instructors trained to work the special needs children, including those with AD/HD. Some schools also provide specially equipped vehicles for drivers with physical disabilities.

NEED A PUBLISHER OF A BOOK SPECIFIC TO YOUR CHILD’S NEEDS?HERE ARE DISABILITY PUBLSISHERS FOR YOU TO KNOW

Academic Therapy Publications - www.academictherapy.com/
This Web site offers books for all professionals working with children who have special needs. In addition, this publisher offers High Noon Books, which are written for high interest/low level readers. That is, students who are reading below their age level, but prefer more age appropriate subject matter.

ADD Warehouse - www.addwarehouse.com
Developmental disorders, including attention deficit/hyperactivity disorder are this publisher’s specialty. Browse through the books by category—kids, adults, parents, and teachers. Don’t miss the videos. Some products are also available in Spanish.

Albert Whitman and Company - www.awhitmanco.com
This publisher specializes in children’s books and features stories for kids on asthma, Down syndrome, learning disabilities and more.

Allyn & Bacon/Longman - www.ablongman.com/
This publisher produces tons of materials on a variety of disability-related topics for teachers, teachers-in-training, and parents. Search by keyword to pinpoint what you are looking for.

Brookline Books - www.brooklinebooks.com
This publisher offers three categories of disability books: assistive technology, general disability, and self-advocacy. The materials are for teachers, families, and young adults with disabilities.

Butte Publications Resources- www.buttepublications.com/
At this publisher’s site, you’ll find educational materials for students who are deaf or hard of hearing, their parents, teachers, and other professionals in the field.

Canter and Associates - www.canter.net
Click on “Canter Store” when you get to this Web site, and you’ll find a wealth of information. Products are broken down into categories for parents, teachers, and administrators. Or, you can search by keyword.

Centering Corporation - www.centering.org
This organization specializes in publications about grief and overcoming loss.

Childswork/Childsplay - www.childswork.com
This publisher offers over 450 resources to address the social and emotional needs of children and adolescents. Their web site has areas dedicated to disorders, research issues, teachers, parents, and mental health professionals.

Compact Clinicals - www.compactclinicals.com
This publisher offers concise overviews on attention-deficit/hyperactivity disorder, aggressive and defiant behavior, depression, obsessive compulsive disorder, and other conditions.

Corwin Press, Inc. - www.corwinpress.com
Educators, administrators, and counselors, this publisher has products for you! Check out the books and journals listed on the Web site. Request a free catalog.

Delmar Learning/Thomson Learning - www.earlychilded.delmar.com/
This Web site features early childhood education products. Browse through the categories of books to find books on assessment, inclusion, and much more.

Educators Publishing Service - www.epsbooks.com/#XYZ
At this site you will find books and workbooks for students from kindergarten through high school as well as students who are home-schooled. This publisher focuses on teacher-developed literacy products.

Free Spirit Publishing - www.freespirit.com
This publisher offers books and other learning materials on learning differences (or learning disabilities) for kids, teens, teachers, and parents. Browse by category to find what you are looking for.

Future Horizons - www.futurehorizons-autism.com
If you are looking for products on autism, PDD, or Asperger’s, this is the site to visit. They offer books, videos, and a magazine, as well as medical resources, and conference information.

Gallaudet University Press - http://gupress.gallaudet.edu
This site is a one-stop shop for books on deaf and hard of hearing topics, including American Sign Language, deaf culture, parenting, special education, and more.

GSI Publications - www.gsi-add.com
This site is chock-full of ADHD products for parents, teachers, children with ADHD, and their siblings. Some materials are also available in Spanish.

Guilford Press - www.guilford.com
Click on “ADHD Resources” to find lots of books and videos on Attention Deficit/Hyperactivity Disorder. Also check the “Education” category for other disability-related resources. Some materials are also available in Spanish.

Heinle & Heinle/Thomson Learning - www.heinle.com
This publisher specializes in ESL and ELT (English as a Second Language, and English Language Teaching) materials. Teachers and students can find products tailored to them.

Jason & Nordic Publishers - www.jasonandnordic.com
This publisher offers an awesome series of children’s books about what it’s like to have a disability such as cerebral palsy, Down syndrome, or deafness. Some books are also available in an audio version.

John Wiley & Sons - www.wiley.com
Check out the “Special Education” category (within the “Education” section) to find over 20 different books for teachers on teaching special-needs kids.

L&A Publishing - www.lapublishing.com
This publisher offers tons of reader-friendly information on brain injury in children and adults. Check out the resources for survivors, parents, kids, siblings, teachers, advocates, and counselors.

LRP Publications - www.lrp.com
LRP offers lots of legal information regarding special education. On their site, you can sign up for free Special Ed e-news—short e-mail newsletters giving you significant case decisions, important developments in the special education community, and updates on LRP's new products. Also, visit their special education store to find resources on IDEA, inclusion and more.

Lawrence Erlbaum Associates - www.erlbaum.com
Education professionals will find over 50 resources of interest at this publisher’s site, when they search by “special education.” Topics covered include learning disabilities, multiculturalism, and educational placement.

Love Publishing - www.lovepublishing.com
Just click on “special education” at this publisher’s Web site to find a categorical list of special-needs resources, including behavior, early intervention, special education law, and much more.

Magination Press - www.maginationpress.com
This publisher features special books for children’s special concerns. Written for ages four through 18, these books range in topic from autism, and attention deficit/hyperactivity disorder, to medical problems, and self-esteem. A great site for hard-to-find children books.

Master Teacher - www.masterteacher.com
This publisher has great special education resources for teachers, principals, administrators, and paraeducators (also called teacher aides).

Nolo Press - www.nolo.com
This publisher offers easy-to-read legal information. Search by “special education” to find the products that would be of interest to you.

Open Minds - www.openmindsinc.com
This publisher focuses on children’s literature that celebrates differences and models inclusion. Materials are available in series sets that can easily used in the classroom—fiction books, student journals, and parent and teacher guides.

Paul H. Brookes - www.brookespublishing.com
This publisher is a gold mine of special needs materials, useful particularly to professionals with some parent materials scattered throughout. They publish research-based resources in developmental and learning disabilities, early intervention, child development, language and literacy, special and inclusive education, community supports and services, mental health, and behavior.

Peachtree Publications - www.peachtree-online.com
Check out the children and young adult’s section of this publisher’s Web site. You’ll find great children’s books covering topics such as deafness, getting a prosthetic hand, and using a wheelchair.

Peytral Publications - www.peytral.com
This publisher has a great bunch of publications for parents, teachers, paraeducators and more on various disability and special education materials.

Prentice Hall/Pearson Education - http://vig.prenhall.com
Special educators-in-training will find tons of resources at this publisher’s site. Select “special education” under the Discipline Finder and you’ll get over 20 subcategories of special education topics, including behavior management, families in special education, special education law, and more.

Pro-Ed, Inc. - www.proedinc.com
Visit this site to find out about the resources this publisher provides on speech, language, and hearing, psychology and counseling, special education, early childhood intervention, and occupational and physical therapy.

Psy-Ed Corporation - www.exceptionalparent.com
Psy-Ed Corporation publishes Exceptional Parent, a magazine published primarily for parents of children with special needs.

Sage Publications - www.sagepub.com
This publisher offers a wide range of publications geared toward teachers and teachers-in-training. Try searching by “special education” or “disability” to find books suited to your interests.

Scholastic, Inc. - www.scholastic.com/index.asp
This site has numerous disability-related materials. Search by “disabilities” or “special needs” and you’ll find tons of books, articles, and other products.

Sensory Resources - www.sensoryresources.com/
Parents, teachers, and therapists will love the hard-to-find resources on sensory integration and sensory processing that are available through this site. Children with autism spectrum disorders often have sensory issues.

Sopris West - www.sopriswest.com
Education professionals and parents! This publisher specializes in practical products aimed at helping students with their behavior, social skills, and academics. You’ll find books, journals, curricula and more on a variety of topics, including behavior management, inclusion, reading, and social skills. Search the online catalog, or request a free publications catalog.

Special Kids - www.specialkids1.com
Special Kids produces educational videotapes and picture books aimed at children who have autism, Down syndrome, PDD, Asperger’s Syndrome, or learning disabilities. This site also has tons of links to other good resources.

Woodbine House - www.woodbinehouse.com/
You’ll find a real treasure chest of special needs products here! This publishers offers “The Special-Needs Collection”--sixty books on disabilities and related topics for parents, children, and professionals.

Back-to-school Resources for Parents, Students, and PTAs

To make getting ready for school easier for parents, students, and PTA leaders, the National PTA (Parent-Teacher Association) has compiled resources and information in an expanded Web site. Parents can find articles on helping with homework, promoting good test-taking skills, keeping kids healthy, enhancing parent-teacher communication, and much more. PTA leaders planning back-to-school events will find tips, timelines, fliers, posters, and membership materials to get the 2004-2005 school year off to a great start. For complete details, visit: http://www.pta.org/parentinvolvement/bts/index.asp

LEGAL ISSUES AFFECTING PARENTS OF

CHILDREN WITH DISABILTIES

Individuals with Disabilities Education Improvement Act (IDEA 2004) Update

On December 3, 2004, President Bush signed into law the Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004), Public Law 108-446. The NationalDisseminationCenter for Children (NICHCY) and Youth with Disabilities developed a synopsis of websites that we at NAPCSE have made available to you. NAPCSE thanks NICHCY for providing us with this information on the latest updates of IDEA 2004

Read the President's remarks at:

www.whitehouse.gov/news/releases/2004/12/20041203-6.php

Summary of the 2004 IDEA

Courtesy of the National Down Syndrome Congress (NDSC), this summary looks at the IEP process, due process, and discipline.

www.ndsccenter.org/events.asp#summary

Summary of the new IDEA provisions

Courtesy of NAPAS, the National Association of Protection and Advocacy Systems, Inc. www.OCLB.info/pdf/NAPAS_IDEA2004_Summary.pdf

Summary of the new law

Courtesy of the National Committee of Parents and Advocates Organized to Protect IDEA. www.nichcy.org/reauth/2004IDEASUMMARY-12.04.doc

Let's go section by section

Courtesy of the Council of Parent Attorneys and Advocates (COPAA), take a look at the Comparison of H.R. 1350 (Individuals with Disabilities Education Improvement Act of 2004) and IDEA ‘97. You can download the entire comparison in PDF, or look at individual comparisons of Parts A, B, C, or D of the law and the new provisions the National Center for Special Education Research. www.copaa.net/content/IDEA97-04COMP.php

A side-by-side analysis of transition requirements

Courtesy of NCSET, the National Center on Secondary Education and Transition. The side-by-side analysis identifies major changes between IDEA 1997 and H.R. 1350 (IDEA 2004) concerning transition services for youth with disabilities. ncset.org/publications/related/ideatransition.asp
And 200 pages from NASDSE.

NASDSE, the National Association of State Directors of Special Education, offers a 200-page side-by-side that compares current law to the amended law signed by President Bush on December 3rd. Individual copies are $15 each; bulk orders of 100 copies or more receive a 15% discount. To order your copy, send a check or purchase order to NASDSE, 1800 Diagonal Road., Suite 320, Alexandria, VA 22314, Attention: C. Burgman. The document is not available in electronic format. www.nasdse.org/

What are the Major Changes Between IDEA 1997 and IDEA 2004?

The National Center on Secondary Education and Transition News has identified the major changes between IDEA 1997 and IDEA 2004 concerning transition services and have attached a side-by-side visualization of the changes. The document is also available on its web site at http://ncset.org/publications/related/ideatransition.asp.

Individuals with Disabilities Education Improvement Act and No Child Left Behind

Last month, President Bush signed into law a bill revamping the Individuals with Disabilities Education Act (IDEA). The new legislation builds on the reforms of the No Child Left Behind Act (NCLB), including parental choice and academic results for students, while addressing issues of paperwork reduction and litigation to ensure a quality education for over six million children with disabilities.

Under NCLB, states and school districts must account for the academic progress of all students with disabilities, and new provisions released last year allow greater flexibility for students with the most significant cognitive disabilities. In addition, in schools that have been identified as being in need of improvement, students with disabilities now have the same access to NCLB benefits as all other students. They are eligible to either transfer to a better performing school or receive supplemental educational services such as tutoring.

Following are the key changes in the nation's special education law:

•Expand options for parents. Parents, along with the local education agency, may agree to make changes to a student's individualized education program (IEP) without having to hold a formal IEP meeting. They may instead develop a written document for an amendment.
•Prevent requiring medication for education services. Schools cannot force parents to medicate their children as a condition of attending school, receiving an evaluation or receiving services.
•Extend the timeline for teacher certification. New special education teachers who teach multiple subjects exclusively to students with disabilities and who are deemed "highly qualified" in math, language arts or science will have two years after their employment date to demonstrate competency in the other core academic subjects they teach.
•Reduce the paperwork burden on teachers. A 15-state pilot program will allow states and school districts to offer parents the option of a multi-year IEP, not to exceed three years, as opposed to a yearly plan. Another pilot program will allow the U.S. secretary of education to waive certain paperwork requirements for up to 15 states.
•Reduce litigation. Prior to a due process hearing, the local education agency must hold a resolution session with parents and IEP Team members within 15 days of receiving notice of a parent's complaint. In addition, a request for a hearing must be filed within two years from the date of the alleged violation.
•Reduce misidentification of non-disabled children. School districts can address the problem of children being erroneously placed in special education by using a portion of their IDEA funding to provide intervention services to children who have not yet been identified as needing special education but need additional academic or behavioral support.
For more information on the new special education law, visit the Web site of the House Committee on Education and the Workforce at http://edworkforce.house.gov/issues/108th/education/idea/idea.php.

Summary of IDEA 2004--From the National Collaborative on Workforce and Disability

After three years of intense debate and compromise, America’s federal statute governing special education has been revised, enacted and, for the most part, will take effect July 2005. Congress finished work on the revisions to the Individuals with Disabilities Education Act (IDEA) in late November, 2004, and President Bush signed the legislation, known as the Individuals with Disabilities Education Improvement Act, on December 3, 2004.

A piece of civil rights legislation, the IDEA guarantees students with disabilities a free appropriate public education in the least restrictive environment and authorizes appropriations of billions of dollars in funding to states and school districts to assist them in providing special education and related services.

The revisions of IDEA contained in the new law, Public Law 108-446, build on and more closely align IDEA with the No Child Left Behind Act. They also modify important requirements around individualized student planning, transition, litigation, and due process protections, monitoring and enforcement, and federal funding. Below is a summary of some of the major provisions in the new law.

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No Child Left Behind

The new law contains provisions aimed at strengthening how special education students’ academic progress is measured.The law promotes the use of universal design principles in both the delivery of instruction and the use of technology. The new law also requires quarterly reports to parents on their child’s progress toward meeting IEP goals, and how that progress is being measured.

Under the new law, alternate assessment scores are required to be counted when determining performance of a school district and state. In addition, the law requires individualized education programs to emphasize academic performance. Parents will be able to choose supplemental educational services, such as tutoring, for their children with disabilities when the student’s schools are in need of improvement under NCLB.

Special educators must prove competency in most core academic subjects they teach, unless they teach students with significant cognitive disabilities. The new law requires that special education teachers be certified as “highly qualified” by the end of the 2005-06 school year, with the same definition of the term and deadline required for general education teachers under the NCLB (PL 107-110). The “highly qualified” teacher provisions take effect immediately as schools prepare to meet the NCLB requirement.

Additionally, paraprofessionals are now required to meet certain state-established personnel standards.

Individualized Education Programs

The new law contains several important changes to the Individualized Education Program (IEP) requirements of IDEA.

Short-term goals no longer have to be part of the IEP except for students with significant disabilities. No short-term objectives are required for students who take regular assessments or an alternate assessment on grade level. For students taking tests based on alternate achievement standards, IEP short-term objectives are still required.

If changes to a students’ IEP are necessary after the annual IEP meeting for a school year, the parent and the school district may agree not to convene an IEP meeting to make the changes, but instead, may develop a written document to amend or modify the current IEP. Upon request, a parent is to be provided a revised copy of the IEP with the amendments incorporated.

A member of the IEP team is not required to attend all or part of the IEP meeting if, in writing, the parent, and the school agree that the team member’s attendance is not necessary.

In the case of a student with an IEP who transfers school districts within the same academic year within the same state, the new law requires the school district to provide the child with free appropriate public education (FAPE), including services comparable to those described in the previous IEP, in consultation with the parents until the school district adopts the previous IEP or develops, adopts, and implements a new IEP. For students transferring from one state to the other, the same rule holds but only until the school district conducts an evaluation, and develops a new IEP.

The new law creates an opportunity for up to 15 states to test the option of establishing a three-year IEP program for students of all ages. Parents in those states would still get the option to have a one-year IEP. This compromise will allow the selected states to receive waivers for certain federal and state paperwork requirements as long as they do not violate civil rights and procedural safeguards. States wishing to participate in the program will compete for the 15 slots for the paperwork reduction pilot programs. The Secretary of Education will announce the competitive opportunity, evaluate the proposals, and select the 15 states.

Transition

The new law contains the changes in the transition provisions.IDEA has been amended to clarify that one of the primary purposes of the law is to ensure a free appropriate public education designed to meet each student’s unique needs and to “prepare them for further education, employment and independent living.”

The revisions to IDEA eliminate the references to transition activities beginning at age 14; now, all transition requirements are to be followed not later than the first IEP to be in effect when the student turns 16 years old.

The definition of “transition services” has been changed to emphasize that the services must be designed “within a results-oriented process,” which is “focused on improving the academic and functional achievement” of the student. “Vocational education” has been added to the list of potential services and the student’s “strengths” are to be taken into account as well as his or her preferences and interests when considering the student’s transition needs.

Schools are required to set clear and specific transition goals beyond secondary school. The student’s IEP is to include “appropriate measurable postsecondary goals based on age appropriate transition assessments” and describe the transition services, “including courses of study,” needed to reach his or her goals.

Schools are required to provide graduating high school students with disabilities a summary of their accomplishments and transition needs as they leave school.

At the end of the Congressional debate, one major transition-related provision was dropped from the bill that would have amended the Workforce Investment Act’s (WIA) Vocational Rehabilitation Act to authorize a very detailed transition program for the vocational rehabilitation system. Elimination of these transition provisions at the last minute of negotiations over IDEA sets the stage for a more systemic approach to transition during the Congressional deliberations on the yet-to-be-completed reauthorization of the Workforce Investment Act.

Overidentification

The new law includes several provisions intended to reduce the over identification of children as disabled, including minority children.

Administrators must use new approaches to prevent over-identification or misidentification of students with disabilities. The new law permits all school districts to use up to 15 percent of their IDEA funds for so-called “pre-referral services” for children who may have problems in specific skills, such as reading, before they are identified as disabled and needing special education. It would require school districts with significant over identification of minority students as disabled to operate pre-referral programs.

As it relates to determining whether a student has a specific learning disability, the new law says that “…a local educational agency shall not be required to take into consideration whether a child has a severe discrepancy between achievement and intellectual ability in oral expression, listening comprehension, written expression, basic reading skill, reading comprehension, mathematical calculation, or mathematical reasoning.” It goes on to say that “in determining whether a child has a specific learning disability, a local educational agency may use a process that determines if the child responds to scientific, research-based interventions” as a part of the required evaluation procedures.

Student Discipline

Probably the most controversial part of the IDEA reauthorization process, there are a number of significant changes to the discipline protections enacted in the IDEA amendments of 1997.

School personnel now have the authority to consider, on a “case by case basis,” unique circumstances when determining whether to order a change in placement for a student with a disability who violated a code of student conduct.

The length of time school personnel may remove a student to an interim alternative setting, without a hearing officer, has been changed from 45 days to 45 school days.

In addition, school personnel may now remove a student who “has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function” to such an interim placement without a hearing officer ruling.

Thecriteria to be used in disciplinary action for determining whether a behavior is a manifestation of a student's disability is:1) whether the conduct in question is caused by, or had a direct and substantial relationship to, the student's disability; or 2) whether the conduct in question was the direct result of the school district's failure to implement the student's IEP."

Due Process and Litigation

There are several important changes to the due process rights of families.

The new law allows complaints to be submitted no more than two years from the date a parent or agency knew or should have known about the issue that is the subject of the complaint, or within the timeline the state requires.

It also requires both parties submit a due process complaint notice before accessing a due process hearing. The law now allows for mediation to be requested prior to the filing of a complaint and strengthens the provisions for developing a written binding confidential agreement. And, the new law creates a new “resolution session” process as a means of dispute resolution.

The law maintains the right of parents and families to sue a district or state and collect attorney’s fees, but also allows a school district to collect reasonable attorney’s fees in egregious cases. A party bringing a civil action has 90 days from the date of the hearing officer’s decision to bring a civil action, or the time period allowed by the state law.

Monitoring and Compliance

States and the U.S. Department of Education (ED) must work together closely to enforce the law in a systematic way. The new law requires states to develop performance plans with measurable targets on such indicators as free appropriate public education (FAPE) and least restrictive environment (LRE). The new law specifically requires states to identify enforcement targets such as minority representation in special education and issues related to a FAPE. It also provides a structured timeline for ED to help states comply with the law, and increasingly severe sanctions if states continue to fail to do so. The new law sets up specific timelines for ED to react to states’ noncompliance. While the sanctions for noncompliance focus on technical assistance, the secretary does have the authority to withhold funding whether partially or entirely.

The Secretary of Education will review the state performance plan annually and determine whether a state is in compliance, or needs “assistance,” “Intervention” or “substantial Intervention” in implementing the law. After two years of noncompliance, ED will continue to offer assistance through other federal agencies, professional development, and other resources from experts.

After three consecutive years of noncompliance, the Secretary of Education could require the state to develop a corrective action plan, enter into a compliance agreement, withhold partial or future funding or refer the matter to the Justice Department for appropriate enforcement action.

Funding

Although the new law stops short of guaranteeing that the federal government will pay 40 percent of the costs of special education, it authorizes significant additional spending that, if appropriated, will bring the federal contribution to special education to the 40 percent mark by 2011. Congress opted to address the funding issue through this “glide path” rather than making special education funding an entitlement or mandatory.