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Legislative Update
110th Congress
Washington, DC |
April 2007 |
In this issue:
U.S. Department of Education Releases Final Regulation on New Assessment Option for Students with Disabilities
On April 9, 2007, the U.S. Department of Education (ED) released final regulations pertaining to a new assessment option for students with disabilities under No Child Left Behind (NCLB). This option - called an alternate assessment based on modified achievement standards - is in addition to the alternate assessment based on alternate achievement standards already allowed under NCLB for students with the most significant cognitive disabilities.
While the April 9th regulation does not exempt any students from the assessments required under NCLB, it does allow states to assess some students with disabilities using assessments based on achievement standards less difficult than those used to measure the achievement of non-disabled students. The regulation makes clear that students who participate in this assessment option can be served under any of IDEA's disability categories, including learning disabilities.
The student's Individualized Education Program (IEP) team members, including the student's parents, make the decision regarding how a student will participate in NCLB's required assessments. States will be required to provide IEP teams with clear and appropriate guidelines to apply in determining which students will be assessed using an alternate assessment.
NCLD has monitored the development of the regulation very closely and has shared recommendations and concerns with the U.S. Department of Education about the regulation over the past two years. To help you better understand the new regulation, we have prepared a brief overview here.
The following resources are available from the U.S. Department of Education:
U.S. Congress Moves to Reauthorize the No Child Left Behind Act
The 110th Congress, which began work in January under its new Democratic leadership, is moving swiftly to reauthorize the Elementary and Secondary Education Act of 1965, also known as the No Child Left Behind Act (NCLB). NCLB expires in 2007, requiring Congress to renew the nation's largest federal education law. In doing so, members of Congress will take a hard look at the provisions of the Act.
The Senate Health, Education, Labor and Pensions Committee chaired by Senator Edward Kennedy (D-Mass.) and the House Education and Labor Committee chaired by Rep. George Miller (D-Calif.) are holding hearings to examine how NCLB has been implemented and to gather recommendations to improve the law. Both Chairmen, along with their Republican colleagues (Senator Mike Enzi (R-Wyo.) and Rep. Howard 'Buck' McKeon (R-Calif.) respectively) have committed to acting on NCLB before the August recess.
The National Center for Learning Disabilities is actively engaged in the reauthorization and has submitted recommendations to both the House of Representatives and the Senate with the intent of strengthening the Act while preserving several provisions that are resulting in improved achievement for students with disabilities. An overview of those recommendations is available here.
On March 29, 2007, the House of Representatives Subcommittee on Early Childhood, Elementary and Secondary Education held a hearing to examine how NCLB is affecting students with disabilities. NCLD assisted William Henderson, Principal, The O'Hearn School, Boston, Mass. with his testimony. Key recommendations made by the panelists included:
- improving access to accommodations for both instruction and assessment, including a federal review of state accommodation policy
- promoting and increasing the implementation of Response to Intervention as it promotes early identification and early intervention to improve academic achievement and behavior for all students; and,
- improved access to universally designed curricula and assessments so students can fully access grade level content and demonstrate what they know.
The hearing testimony and archived Web cast is available online.
Shaken Baby Syndrome Prevention Act to be Introduced in U.S. Senate
Senator Dodd (D-Conn.) will introduce The Shaken Baby Syndrome Prevention Act in the coming days. The legislation establishes a public health campaign with the following components:
- Creation of a National Action Plan and coordination of strategies for effective, evidence-based prevention efforts
- Creation of a national advisory council to work with HHS to develop the campaign
- Communication, education and training efforts
- Supports for families and caregivers to prevent SBS as well as for survivors and grieving families who have suffered loss due to SBS
The National Center for Learning Disabilities has endorsed this important legislation and urges Congress to pass it swiftly.
Previous Legislative Updates:
December 2006
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