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Special ed law must ‘give way’ to NCLB, court says

February 14th, 2008

From Education Week: (registration required)

A federal appeals court in Chicago has turned away a challenge to the No Child Left Behind Act (NCLB), ruling that a federal special education statute “must give way” because NCLB is the newer law.

The challenge was brought by two Illinois school districts and four families who claimed that NCLB’s testing requirements conflicted with the mandate for individualized education programs that is contained in the Individuals with Disabilities Education Act.

They challenged the NCLB after the school districts missed federal targets for student progress largely because of poor performance by students with disabilities. The No Child Left Behind law requires that the performance of students with disabilities be counted in efforts to hold schools accountable.

Related posts:

California debates school exit policies for those with disabilities

Federal report: No Child Left Behind helps students with disabilities

NY teachers see bias against special ed in school rankings

Column: Testing standards for students with disabilities a ’sham’

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More than 50 million people in the United States have disabilities, a number that is growing rapidly as the population ages. Experts say disability will soon affect the lives of most Americans. This blog attempts to explore what we know about disability, and to chronicle the efforts of people who are seeking new ways to address familiar challenges.

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