House Leaders Debate Education Bill

One of the things I hear often about NCLB comes from parents of students with disabilities who say that NCLB has helped their children tremendously, allowing them to show abilities beyond expectations and bringing them more fully into the general education curriculum. We do not want to do anything that would back away from the law's commitment to these children. However, the law does allow a small number of students with disabilities to used modified assessments based on modified standards. I am concerned that states have not implemented these assessments, resulting in some students not being assessed appropriately.

We will put an emphasis on improving assessments so that the vast majority of students with disabilities get better access to the same assessments used by regular education students. But, in the case of the few students who do need modified assessments, states can no longer delay in implementing them. The bill will enforce current law requirements that states assess students with disabilities in the most valid and reliable way, and will also provide resources to help states meet these critical requirements.

NCLB holds schools and districts accountable for the academic achievement of all students, including students with disabilities. Given the feedback I have received from parents and advocates for these children, I am committed to ensuring that these students continue to be included in the law's accountability framework. NCLB has resulted in greater access to a rigorous curriculum for special education students and has demonstrated that these children can meet challenging standards with proper instruction and support.

Having said that, I also know that many challenges exist as we try to identify the best way to assess students with disabilities and give credit to schools that are doing good work with these students. To that end, the U.S. Department of Education has offered significant new flexibility. In 2003, the Department issued regulations permitting states and districts to assess up to approximately 10 percent of their special education students, those with the most severe intellectual disabilities, using alternative assessments and standards. Then earlier this year, the Department issued regulations permitting states and districts to assess up to approximately 20 percent more of their special education students against modified standards. Together, this allows states and school districts to measure the achievement of nearly one-third of special education students using assessments and standards that are different from those used to assess the general student population. With research showing that a majority of special education students are capable of meeting the same standards as their peers, I believe the Department's existing regulations are providing our states and districts the necessary flexibility to properly assess students with disabilities.