DeLauro Requests Exemption On Behalf of Connecticut's Special Education Students

DeLauro Requests Exemption On Behalf of Connecticut's Special Education Students

WASHINGTON - Congresswoman Rosa L. DeLauro (Conn.-3) sent a letter to Education Secretary Rod Paige asking that he issue an exemption that would allow Connecticut's special education students to take out-of-level testing and be included in their school's Adequate Yearly Progress (AYP). AYP is the key component under the No Child Left Behind (NCLB) law that measures schools academic progress.

For nineteen years, Connecticut administered a successful out-of-level testing program. Earlier this year, Connecticut Education Commissioner Betty Sternberg announced that out-of-level testing for special education students was eliminated. Under this change, out-of-level testing will only be allowed for the severe cognitive disabled and up to one percent of the student population. Because Connecticut gave this alternate assessment to mild and moderate disabled students, the state was forced to eliminate out-of-level testing as an option for the alternate assessment of students enrolled in special education.

"A one-size-fits all approach to testing does not work for special needs students and does not comply with the goals of the No Child Left Behind law," said DeLauro. "I met with a special education class in North Haven and saw first-hand that these students require individual assessments. Out-of-level testing is the most appropriate measure to track the progress of students with disabilities and ensure that they are meeting high academic standards. For nineteen years my state successfully administered this testing. That is why I requested this waiver for Connecticut."

Earlier this month, DeLauro visited the classroom of special education teacher Dorothy Logan at North Haven Middle School. Logan's students, who range in grades six-eight, perform below these grade levels but are not severely disabled. Under NCLB, they are administered the same standardized tests as most Connecticut students.

The full text of the letter follows.

September 22, 2004

Dear Mr. Secretary,

I am writing in the hopes of better understanding the current regulations under the No Child Left Behind law that prohibit special education students from taking out-of-level-testing, and to urge you to consider granting an exemption on this important issue to my state of Connecticut.

Earlier this year, Connecticut Education Commissioner Betty Sternberg was forced to eliminate out-of-level testing for special education students after receiving a directive from your department that any student taking Connecticut's out-of-level alternate assessment would be considered a nonparticipant for purposes of calculating Adequate Yearly Progress. Such action has led to students with moderate disabilities or within a cluster of mild disabilities having to take the same standardized tests as most Connecticut students even though the special education students may be performing below their grade levels. In cases where the student is severely disabled, a much simpler checklist assessment than the out-of-level-test is provided.

In the end, it seems to me that testing all but the most severely disabled special education students with the same assessment tools given to students without disabilities is inappropriate. There remains an unaddressed group of students between those severely impaired students for whom a life skills checklist is permitted and the majority of special education students for whom the regular testing regimen is appropriate. The law seems to disregard the special needs and abilities of these students and does not serve them well.

As you yourself have said, it is important that we hold schools accountable for teaching students with disabilities to the highest standards possible. However, I am concerned that the latest round of regulations may be setting these students up for failure instead of helping them improve their academic achievement. Schools in Connecticut are faced with a choice no educator should have to make - they can either fail the whole school for tending to the needs of the children with special needs, or fail the special needs student at the expense of the school. In either case, it seems that everybody loses.

Mr. Secretary, we need consistency in the NCLB law that enforces accountability in our schools, while at the same time, recognizes that all children do not learn at the same rate or level. I urge you to review the way your new regulations have impacted students with disabilities in Connecticut for the sake of our children with special needs, their parents and their educators.

Thank you for your attention to this important matter. I look forward to your response.

Member of Congress