October 5, 2004

 

Senator Edward M. Kennedy

Ranking Minority Member

Committee on Health Education Labor and Pensions

United States Senate

Washington, DC 20510

 

Dear Senator Kennedy:

 

Thank you for your ongoing leadership on behalf of students with disabilities.  We write to share with you our views regarding S. 2794,  “The No Child Left Behind Improvement Act.”

 

There are many positive provisions in this bill that we are pleased to support.  In particular:

 

·        the requirement that personnel delivering supplemental educational services to students with disabilities are qualified to do so;

·        the requirement that the list of supplemental educational providers includes a choice of providers that have capacity to serve children with disabilities;

·        the requirement that providers of supplemental educational services comply with Section 504 of the Rehabilitation Act, Titles I and II of the Americans with Disabilities Act and other civil rights laws; and

·        a new grant program that authorizes $50 million to develop alternate assessments;  develop, modify and revise accommodations policies; and develop universally designed assessments for students with disabilities.

 

We are very pleased that you have acknowledged these important implementation challenges that have negatively affected students with disabilities.  As you continue your analysis of the implementation of No Child Left Behind, we urge you to consider another challenge that is facing special education students  -- the fact that they are falling through the cracks in the accountability system.

 

According to an August 30, 2004 article in the New York Times, “School Achievement Reports Often Exclude the Disabled,” most states exempt schools for students with disabilities entirely from the accountability system, describing them as “programs” rather than “schools” and contending that they are exempt from federal law for this reason.  Other states are increasing the “n” size so that it enables them to avoid reporting the scores of special education students altogether.  In fact, 10 states are currently under “special conditions” from the Department of Education because of their failure to report the scores of students with disabilities.

 

We are deeply concerned that these troubling trends, if unchecked, may result in the exclusion of most, if not all, students with disabilities from the accountability system.  What a travesty it would be if the very law intended to secure accountability for all students ends up systematically excluding one of the very groups that has been historically victimized by discrimination and low expectations.

 

We understand that implementing this law is hard.  We understand that special education students pose unique challenges for educators.  S. 2794 is a good start in addressing some of those challenges. We applaud you for introducing this bill and look forward to working with you to ensure that students with disabilities are not left behind.

 

Sincerely,

 

American Association of Mental Retardation

American Council of the Blind

American Dance Therapy Association

American Foundation for the Blind

American Music Therapy Association

American Occupational Therapy Association

American Speech-Language-Hearing Association

Association of Assistive Technology Programs

Association of University Centers on Disabilities

Bazelon Center for Mental Health Law

Council for Learning Disabilities

Children and Adults with Attention-Deficit/Hyperactivity Disorder

Easter Seals

Helen Keller National Center

Higher Education Consortium for Special Education

International Dyslexia Association

Learning Disabilities Association of America

National Association of Private Special Education Centers

National Association of Protection and Advocacy Systems

National Association of School Psychologists

National Association of Social Workers

National Association of State Directors of Special Education

National Center for Learning Disabilities

National Coalition on Deaf-Blindness

National Down Syndrome Congress

National Down Syndrome Society

National PTA

Rehabilitation Engineering and Assistive Technology Society of North America

School Social Work Association of America

Spina Bifida Association of America

Teacher Education Division/Council for Exceptional Children

The Arc of the US

Tourette Syndrome Association

United Cerebral Palsy