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Educational Services for Disabled Children Subject of House Committee Hearing

On March 3, the House Education and the Workforce Committee heard testimony on improving services for disabled children under the No Child Left Behind Act (NCLB) (P.L. 107-110), enacted in January 2002. The hearing is part of a series of NCLB evaluations.

In his opening remarks, Chair John Boehner (R-OH) stated, “NCLB plays a vital role in ensuring children with special needs receive the high quality of education they deserve.” He said that children with disabilities should be included in the assessment process, noting that the NCLB “provides states with needed flexibility” by allowing “1 percent of all students to take alternative assessment.”

Ranking Member George Miller (D-CA) explained that “the heart of NCLB” is ensuring excellent education for all children, and stressed the NCLB’s goal that “no child with disabilities is ever again left behind.” He cited the mislabeling of students as a “long-standing problem,” and noted that this often happens to minority children, causing them to underachieve.

All witnesses spoke in favor of assessing children with disabilities. Speaking on behalf of the Charlotte-Mecklenberg Schools in North Carolina, Jane Rhyne said that 12 percent of their 140,000 students have disabilities. She affirmed that the NCLB has been beneficial by creating higher expectations, a greater focus on results by principals and teachers, and better data on each student. Ms. Rhyne noted that the NCLB challenges school systems with its basis of “accountability and results,” and stressed the importance of working with the NCLB rather than opposing it. “NCLB is focused on the right children,” she said, “those in greatest need.”

Dr. Pia Durkin of Narraganset Public Schools in Rhode Island also addressed the issue of including students with disabilities in all NCLB assessments. She cited a 1997 law that mandates access to the general curriculum for all students. “When students with disabilities are counted,” she said, “they have the same opportunities.” Additionally, universal assessment “ensures a share of resources” for students with special needs. Dr. Durkin said that including children with disabilities was part of the NCLB’s “laser-like focus on increasing proficiency.”

Testifying for the National Center on Education Outcomes, Dr. Martha Thurlow agreed that assessing disabled students is beneficial. She pointed to New York, where “more students with disabilities took and passed exams, indicating access to the curriculum.” Dr. Thurlow said that passing rates also increased in Massachusetts, and that results have improved with time. She noted that being in special education and having disabilities “does not mean a student cannot meet standards.” Regarding “complaints” about NCLB testing, she claimed these are a “natural reaction,” and that it shows “people are paying attention.”