Testing, Testing, Testing 1-2-3.....And the Law
By Jim Shillinglaw, Trustee
Dr.
Miriam Freedman, attorney, author and public school advocate, presented
an informative and timely overview of the issues facing public schools
with high stakes testing. In an effort to assist educators to work comfortably
and effectively within current legal requirements for testing students
- including students with disabilities - it is essential to have an understanding
of the basics of the law Ms. Freedman's presentation provided a brief
introduction to the due process underpinnings of special education and
to some of the key IDEA and Section 504 requirements.
The presentation highlighted key points for children with disabilities under the IDEA:
- IDEA requires schools to provide access for all students to the "general curriculum." The "general curriculum" now drives most Individualized Education Plans (IEP's). Assessments, special education services and related services are, in part, to assist the child to access and benefit from the "general curriculum." IDEA defines the general curriculum as the "same curriculum provided for non-disabled children."
- The reauthorized IDEA underscores the need to work collaboratively with all players: teachers, parents, administrators, and students, to achieve improved student results.
- The IEP committee must define, develop and implement appropriate accommodations and modifications for state and district-wide tests. IEP committee members must have a clear understanding of the difference between accommodations and modifications and address those clearly in the IEP and through staff development opportunities in order to avoid confusion. Regular educators and someone from the district who is knowledgeable about the general curriculum must participate in the IEP meeting.
- Parent participation in IEP meetings is now more critical than ever! The IEP team, with the parent's input, must consider the implications of using an accommodation or modification for the child's education. Will it lead to a diploma? Will it lead to regular or modified grades?
- The nature of IDEA assessments is changing. No single test can determine placement. The test maker determines whether a proposed change is a fundamental alteration.
- IEP teams must understand the new accountability standards for schools, teachers and other persons who interact with the student in the educational arena.
And, remember that special education (and education itself) is a relationship business. The use of "plain language" and common sense cannot be overemphasized in structuring and implementing a successful educational system in which all students thrive.