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Running Head: Problems and Solutions Surrounding The NCLB Act and AYP for Students with Disabilities 1
Aron Helfinstine
Educational Research 5113
Problems and Solutions Surrounding The NCLB Act and AYP for Students with Disabilities
Southeastern University
June 15, 2011
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Table of Contents
I. Abstract...3II. No Child Left Behind Act Brief Summary................4III. Individuals with Disabilities Act of 2004......4IV. NCLB Controversy.....5
A. Academic Progress and Subgroups.......5B. AYPs Fabricated Report Card......6
V. Data Presentation and Analysis.........7A. The Teachers Argument with NCLB..........7B. Virginias Efforts to Make a Change.......8C. Surveying the Accommodations of Special Educators......9D. The National Center of Educations Survey of the States........10
V1. Home-School Communication is Raising AYP.........10
VII. Assessing Disability Students............12A. National Council on Disability 2008 Report..12B. NationalAssessment of Education Progress - The Nations Report Card...13C. The U.S. Department of Education Alternative Assessment Plan..14
VIII. Discussion............14A. State Educational Departments: Consider Virginia and Alabamas Efforts...15B. Raise AYP now by Incorporating Home-School Communication..........15C. Improve Accountability...........16D. Student Tracking.........16E. ModifiedAssessmentandTeachers argument with the NCLB Act.......16
IX. Conclusion..........17X. References...19
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Abstract
Since the establishment of the No Child Left Behind Act in 2001, country-wide
controversy and debate have swept the school systems. NCLBs intention was to provide federal
funding for education programs, specifically for disadvantaged students; however, statistics do
not necessarily support the intended purpose because students with disabilities are not being
properly educated and assessed. Many changes have been made over the years in regards to
classifying students with disabilities, especially learning disabilities. Not only has this affected
the assessment of students with disabilities, but it also has skewed individual schools adequate
yearly progress (AYP). Some schools are even disregarding their disability students academic
progress in order to boost their overall AYP. Data suggest that many schools and teachers are ill-
equipped to succeed at meeting the requirements posed by the NCLB Act while a common
standpoint identified by nearly all special-education teachers concludes that the NCLB Act is
ultimately requiring an impossible feat for disability students to succeed; however, hope remains
as some schools are taking responsibility for their lack of disability student progress and making
the changes necessary to better equip principals and teachers with effective tools, strategies, and
techniques to progress their students AYP while also meeting the requirements of the NCLB
Act. A student tracking-monitoring system, a proposed restructurization of the assessment of
disability students, and home-school relations are among many developing solutions currently
being utilized among others discussed in this paper. Simply put - federal mandate regarding the
education and assessment of students with disabilities remains at the core of debate surrounding
the No Child Left Behind Act. This study identifies the common trends, problems, and solutions
found in the relationships currently surrounding the NCLB Act and AYP for students with
disabilities.
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No Child Left Behind Act Brief Summary
The No Child Left Behind Act is a reauthorization of the Elementary and Secondary
Education Act (ESEA), the central federal law in pre-collegiate education. The ESEA first
enacted in 1965 and last reauthorized in 1994, provided federal funding for education programs
geared towards disadvantaged students. Federal legislation was ultimately passed by Congress
and signed into law on January 8, 2002. The NCLB Act continued to define and describe these
education programs as well as adding new accountability mandates that must be met by states in
order to receive funding for the programs; in turn, establishing a primary goal to close the
achievement gaps between the various student demographic groups in public schools. In short,
all states must bring all students to state designated proficiency levels in reading and math by
2014 (S. Dean, personal communication, October 8, 2009).According to Mareno,NCLB
provided the framework for President George W. Bush's bipartisan education reform plan
intended to ensure that every child in U.S. public schools has equal access to high-quality
education. Bushs Office of Secretary believes NCLB Act includes the following
components: (1) Accountability for Results, (2) Unprecedented State & Local Flexibility,
(3) Focusing Resources on Proven Educational Methods, and (4) Expanded Choices for
Parents & Reduced Red Tape (Mareno, 2007).
Individuals with Disabilities Act of 2004
TheIndividuals with Disabilities Act of 2004 strictly applies to students with disabilities
while the NCLB Act applies to all students. This law guarantees children with disabilities the
right to free appropriate public education. It places the responsibility of locating, identifying, and
serving students in need of special education in the hands of all public schools. Overall, it
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provides eligible students with special education and related services that allow them to benefit
from education just like all other students (Cortiella, 2007, p. 5).
The definition of a specific learning disability has remained the same over the years, but
ways that schools can determine whether a student has a specific learning disability has
significantly changed. The changes make it easier and quicker for schools to classify a child as
having a disability, allowing students to take full advantage of the accommodations and alternate
assessments available. IDEA defines specific learning disabilities by stating:
a disorder in one or more of the basic psychological processes involved in understanding or in
using language, spoken or written, which disorder may manifest itself in the imperfect ability to
listen, think, speak, read, write, spell, or do mathematical calculations (Cortiella, 2009, p. 1).
Previously, students were required to show a severe discrepancy between intellectual ability
and academic achievement. However, this has been removed from the IDEA. Supporters of these
changes argue that the discrepancy requirement was leading to late identification and
misidentification and thus delayed children receiving of special education service. Cortiella
(2009) states, Equally important was the growing evidence that such a requirement was
particularly problematic for students living in poverty, students with culturally different
backgrounds, or those who native language was not English (p. 1).
NCLB Controversy
Academic Progress and Subgroups
More specifically, controversy regarding the education and assessment of students with
disabilities revolves around one of the major NCLB mandates, academic progress. Since states
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are required to bring all students to proficiency, individual schools must meet state adequate
yearly progress (AYP) for both their student population as a whole and for certain demographic
subgroups, such as students with disabilities. Kevin Carey, an education expert, defines a
subgroup as a group of students that in most cases have been underserved by the education
system (Tulenko, August 14, 2007). Minimum subgroup size, frequently called N-size, refers
to the minimum number of students within each subgroup a school or district must contain across
the grades assessed before the requirement to achieve AYP for the subgroup is required
(Cortiella, 2007, p. 18). In other words, if a school has 43 students with disabilities and the
subgroup N-size is set at 45, then those students with disabilities do not appear within the NCLB
accountability system.
AYPs Fabricated Report Card
What if AYPs results across the nation were actually, well, not even actual? Research is
confirming such a case. Disappointing as it may be, schools, principles, and teachers the ones
responsible for reporting our childrens grades in their truest reflection possible are fabricating
their own report card in order to show a yearly AYP increase.
Bill Thorntons research provided data that further confirmed this shocking phenomenon.
He randomly selected and examined 23 small rural schools and their district data to determine
how they met AYP requirements for students with Individualized Educational Plans (IEP). He
also analyzed school improvement plans for efforts to ensure compliance with NCLB and
conducted site visits at selected schools that failed to make AYP. (Thornton, B. 2006, p. 3).
His results confirmed that many schools were not being held accountable for achievement
of special education students as data confirmed as many as 30% of IEP students were being
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year. But, the law says Im a failure because hes not proficient. Hes not at grade
level. (Tulenko, August 16, 2007).
Likewise, Cody speaks on behalf of all the teachers who feel the pressure of NCLB on students
with disabilities to achieve more than is attainable. Statistics back their frustrations as they
reveal students with disabilities still not achieving proficiency. The argument is not that the
students are not learning and progressing in their education, but they are instead impossibly
capable of advancing certain educational grade levels in such a short amount of time according
to where the NCLB states the student should be.
Virginias Efforts to Make a Change
Robert Jones said it best in his article dealing with strategies to achieve high school
success in accordance with the NCLB Act and AYP:
Achieving success on the NCLB goals of AYP and Highly Qualified Teachers (HQT) will
depend in significant part on the collaborative efforts of high school principals and teachers and
the support they receive from the central office administration. Clearly, change has to occur. As
Bear Bryant once said, "Cause something to happen." (Jones, R. 2009, p. 2).
Jones did just that. In Virginia, special education high school students were failing,
dropping out, and were not meeting the requirements of the NCLB and IDEA; contrarily
schools and teachers were not using the correct methods to instruct these students so they might
succeed. To meet the need, Jones partnered with the Virginia Department of Education and
together launched a series of six state-wide workshops. Their qualitative-developmentally based
research allowed all teachers and principals in Virginia to attend and work together in creating
more effective strategies instructing special education students. Numerous best practices and
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effective strategies emerged in a set-list geared to equip all Virginia schools in the areas of 1)
collaboration; 2) personalization; and 3) curriculum, instruction, and assessment. Though the
study has recently been implemented, 2009 School Year, Jones and the Virginia Board of
Education anticipate an overall increase in the AYP of both special and regular education across
the state of Virginia.
Surveying the Accommodations of Special Educators
Teachers and other Individualized Education Program (IEP) team members use a variety of
strategies when they make decisions about instructional and assessment accommodations. In-
structional accommodations are changes and supports that enable students with disabilities to
meaningfully access the curriculum during instruction. The Alabama Department of Education, with
support from the National Center on Educational Outcomes (NCEO), developed a survey of special
education teachers in Alabama on the factors and considerations affecting accommodations decisions
for instruction and assessment by surveying 2,575 respondents to the survey; 95% were special
education teachers. Their quantitative study provided an overall insight into how IEP teams select
instructional and assessment accommodations (Altman, J. R., et al, 2010, p.1).
More than 57% of the survey respondents indicated that a key criterion considered by the
IEP team in the instructional accommodations process for a student was the students present level of
functioning, whereas 28% identified the difficulty of content standards being taughtas an important
factor. (SeeAppendix A). These are generally considered to be sound criteria for IEP teams to
consider. (Atman et al., p. 13).
Forty-nine percent of the special education teachers indicated that assessment
accommodations decisions were based onsuccessful classroom accommodations trials during
instruction, and thirty-eight percent of special education teachers identified thesubject matter being
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taught or testedas an important consideration. (See Appendix B). According to Elliott and Thurlow
(2006), it is appropriate to try accommodations to see which work for specific students. (Atman et al,
p. 14).The results of this study suggest that special education teachers are knowledgeable about ac-
commodations, but may have some gaps in their knowledge about how to effectively select and
implement accommodations for instruction and assessment. Local Education Agency (LEA)
personnel need training in accommodations so teachers and IEP teams will have a better under-
standing of the process. There may also be a need for teacher preparation programs to provide
training in accommodations decision making for pre-service special education and general education
teachers (Atman et al., p.14).
The National Center of Educations Survey of the States
In 2007, The National Center of Educational Outcomes developed an extensive Needs
Assessment and Information Gathering Data-Survey Set on the participation and performance of
students with disabilities in state and national assessments. This study was both qualitative and
quantitative in form. The test was administered to the States Educational Directors across the
U.S. in attempts to determine if progress had been made to increase the participation of students
with disabilities in state-wide assessments (National Center of Education, 2008).
Their research provided numerous descriptive results found within their data, three of
most important to note are as follows: 1) More than half of the states attributed positive trends
in the participation and performance of students with disabilities in assessment and
accountability systems. 2) Most states now have policies on the selection and use of
accommodations and on alternate assessments for students with disabilities. 3) Most states
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record the specific accommodations used by a student on test day and few use a tracking system
to consistently monitor students who often perform poorly. According to data sets, those who do
are able to show an increase in their students performance (Altman, J. R., 2008, p. 6).
Home-School Communication is Raising AYP
Dr. Ratcliffes study examined the relationship between Annual Yearly Progress scores
mandated by the NCLB Act and correlates of effective schools. Interestingly enough, his
hypothesis predicting no direct relationship between AYP and correlates of effective schools was
proven incorrect through the findings of his study. (Ratcliffe, 2009, p. 94).
In hisKey Findings report one variable in particular, PACI (Parent and Community
Involvement), clearly contributed as a precursor variable to a relationship between AYP and
effective school correlates. PACI contributed nearly 40%. In addition, 2 other variables, CAS
(Collaboration Among Staff) 7% & MSP (Monitoring Student Progress) 4.7%, also contributed
to a relationship between AYP scores and schools. (Ratcliffe, 2009, p.98-99).
Dr. Ratcliffes findings concluded, Using this data-driven research to identify and focus
on high-return, context-specific correlates (that are unique to each particular educational setting)
should improve student academic achievement across the delineated subgroups and should result
in improved AYP scores. (Ratcliffe, 2009, p.100). His quantitative PACI data clearly concludes
a proven solution by which many schools could raise their students AYP progress.
Fenells research identified common challenges found when trying to establish effective
home-school communication. His findings revealed parents schedules or lack of time tend to be
the greatest factor hindering proper home-school relations. He also noted that inadequate
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economic resources, poor teacher parent outreach and communication, power differentials such
as discrimination towards single mothers, and finally poor communication skills for both parents
and teachers also create hurdles for parents to become involved in their students AYP. (Fenell,
Z. 2011, p.1)
Margaret Caspe supports Ratcliffes findings in her recent research conducted with the
Harvard Family Research Project. Caspe concluded,
Current research indicates that home-school communication is among the most important
factors in developing strong relationships between teachers and family while also promoting an
increase in students AYP. (Caspe, M. 2011, p.3)
Her research identified common trends found after proper teacher-parent communication
had been established including an improved student performance, trust between student-teacher-
parents, higher levels of student self-efficacy, and improved future student educational planning
for parents and teachers. (Caspe, M. 2011).
Assessing Disability Students
National Council on Disability 2008 Report
If a school is failing, it does not necessarily mean that the school is not providing a good,
quality education. It depends on how the students are being assessed. Students with disabilities
may make significant progress, yet still not be able to achieve at the specified grade level.
However, students with disabilities do have a wide variety of options when it comes to taking the
state assessment. They may take the general state assessment, with or without accommodations,
or take an alternative assessment for students with severe disabilities, yet there are still
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complications with these assessment options. (National Council on Disability [NCD], 2008).
Quoted in the NCD 2008 report,
If a student takes the general assessment with nonstandard accommodations, his or her
score may not be counted toward the proficiency rating of the local education authority.
Additionally, it was evident from our interviews that policies regarding standard and
nonstandard accommodations vary greatly from state to state (National Council on
Disability [NCD], 2008).
National Assessment of Education Progress - The Nations Report Card
National Assessment of Education Progress (NAEP) is generally referred to as the
nations report card. It is a statistically significant test that is conducted in all states and
provides average measures of student achievement across the country. The NAEP is believed to
be a more constant measure of achievement across states than AYP proficiency levels. In 2000,
for the state of Illinois, 77% of students with disabilities were below the basic achievement level
for mathematics in 8th
grade. Over time, it has increased significantly. In 2009, only 62% of
students with disabilities were below (NCD, 2008).
Cortiellas research reveals how NAEP scores vary from state to state. Some states have
seen significant improvement, such as Illinois, while others have not, such as Alabama and
California. As a result, it is difficult to judge the effectiveness of No Child Left Behind on NAEP
scores. Nevertheless, special education students are posting substantial gains on the NAEP. For
example, the scale score for 4th
graders in reading increased from 167 in 2000 to 190 in 2005
while the performance of students without special education status showed no significant
improvement. (Cortiella, 2007, p. 17).
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The U.S. Department of Education Alternative Assessment Plan
Until recently students with disabilities were evaluated the same way as every other
student through general state assessments. Some may argue that all students should be assessed
in the same manner; otherwise, all students are not receiving an equal education. However, by
not providing an appropriate assessment, students without disabilities are actually being given an
advantage. By offering an alternate assessment for students with disabilities, the education
system is successfully providing an equal opportunity for education to all students. In 2007, the
U.S. Department of Education presented the possibility of a newer, more realistic assessment for
students with disabilities. The Department (2007) reported, Alternate assessments based on
modified academic achievement standards will provide a more appropriate measure of these
students achievement of grade-level content [as well as] give teachers and parents information
that can be used to better inform instruction (p. 1). Additionally, these alternate assessment
scores will be included in each states accountability system as long as there are not more than
two percent of all students assessed.
Discussion
State Educational Departments: Consider Virginia and Alabamas Efforts
State Educational Departments across the nation should consider the methods of the
Virginias Department of Education. Their efforts to make a change by taking responsibility
for their lack of disability student progress and facilitating ways to increase their scores should
bear much fruit in the coming years ahead due to their extensive efforts to equip principals and
teachers with effective tools, strategies, and techniques to increase their disability students AYP
scores. With the data gathered from the Alabama department of Education we can see a
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common need for training and preparation programs to better equip teachers in making efficient
accommodations for both instruction and assessment. State departments should begin the process
of implementing the training needed identified by the Alabama and Virginia Departments of
Education for Special Education Teachers to better equip these teachers for more efficient
accommodations instructing and assessing disability students.
Raise AYP Now by Incorporating Home-School Communication
Dr. Ratcliffes Parent and Community Involvement data clearly concludes a proven
solution by which many schools could raise their students AYP progress. A current and
common trend in educational research, home-school communication is receiving much attention
and continues to validate this method as an overall effective strategy in raising all students
overall AYP performance. Data confirms, once teachers overcome the hurdles in establishing
better PACI, trust is established between the teacher, parent, and student; in turn, facilitating
better future educational planning for students and improved student AYP.
Improve Accountability
Bill Thorntons research confirmed as many as 30% of IEP students were being excluded
from the accountability process. Naturally, if this is happening to IEP students, is it not occurring
with other subgroups identified by NCLB? Accountability is needed of all groups of students
identified by NCLB and those responsible appointed by the state for accurately reporting
students AYP.
Student Tracking
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The National Center of Educations data proved how states that use a tracking system to
consistently monitor students were able to show an increase in their students performance. If
this was enforced nationwide AYP scores would finally experience a truer sense of
accountability; in turn, ultimately reflecting more valid and reliable AYP scores.
Modified AssessmentandTeachers argument with the NCLB Act
The U.S. Department of Education proposition of a more realistic assessment for students
with disabilities answers the most common problem identified by special education teachers
trying to meet the requirements of the NCLB Act by the use of alternating assessment scores.
It would be of great benefit for teachers across the nation to embrace the words of John
Cody and help facilitate his stance on success versus failure according to the NCLB Act when he
states, I am not interested in leaving anyone behind, (in reference to the No Child Left Behind
Act), but Im not going to say that I am a failure because my student came to me reading at the
fourth-grade level and Ive only managed to move him or her up to the fifth- or sixth-grade level
in one year. But, the law says Im a failure because hes not proficient. Hes not at grade level.
Those are unrealistic expectations and we as teachers should not be punished for that.
Conclusion
Due to the changes made identifying students with disabilities, there is a vast difference
in the number of students with disabilities over the years and how they are being assessed. In
other words, this calls into question whether any improvement made is a result of actual
improvement or if it could be a result of the change in methods of testing students with
disabilities or as data suggest, skewing the AYP results in order to achieve favorable outcomes.
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The Alabama and Virginia Departments of Education took responsibility for their
sluggish AYP performance and took the steps necessary to facilitate change and begin the
process of implementing the training needed to better equip teachers to succeed at
accommodating, instructing, and assessing disability students. State departments across the
nation should consider their efforts and express the same concern. Furthermore, schools can
easily and effectively begin the process of raising their AYP scores by equipping their teachers
to establish better home-school communication. And finally, by implementing a student tracking
system, improving AYP accountability, and adopting the U.S. Departments of Educations
modified assessment plan, in correlation with adopting other key factors mentioned above, one
can expect to see AYP increase across the nation while more efficiently meeting the needs of the
No Child Left Behind Act for all students alike.
As my knowledge has broadened while conducting my educational research, I have
developed the firm belief that the education and assessment of students with disabilities
following the mandates laid down by both the No Child Left Behind Act and the Individuals with
Disabilities Education Act needs to be reevaluated. I strongly believe that each student has the
right to an equal opportunity for education, yet children are not receiving this same opportunity
for education across our country, whether due to demographics, geographic location, or special
accommodation needs, not to mention the ways by which each state differs by which they
educate. Alternate assessments, even as simple as general state assessments with appropriate
accommodations are necessary for students with disabilities to properly express what they have
learned. Additionally, in some cases, it must be considered that certain students with disabilities
will never be able to meet the state requirements to be proficient at their grade level. I am
opposed to the simple evaluation of proficiency currently being used to assess students with
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disabilities and believe progression would be a better scale on how students with disabilities are
learning. If a student enters the 5th
grade with the reading comprehension of a 2nd
grader, it is
important to help this student progress as a reader. If, at the end of the year, this student can now
read at a 4th
grade reading level, they will not be able to pass a general state assessment;
however, they have progressed tremendously from an individual standpoint. I believe that this is
a better measurement of how students are learning through progression rather than where they
stand relative to other students.
After peer reviews have been completed and a final draft submitted and approved via my
professor Dr. Ratcliffe, this literature review paper will be submitted to the following publishers
for possible recognition; The Academe-Bulletin of the AAUP, the American Journal of
Education, and the American Educational Research Journal.
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Appendix
Appendix A. Top Factors for Decision Making on Instructional Accommodations
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Appendix B. Considerations Reported by Respondents as Most Important in Making Assessment
Accommodations Decisions