LD OnLine

Making the "No Child Left Behind Act" Work for Children Who Struggle to Learn

By: Candace Cortiella (2005)

In this article:

Overview

The Elementary and Secondary Education Act (ESEA) is the nation's major federal law related to education in grades pre-kindergarten through high school. In its most recent Congressional reauthorization, ESEA became known as the No Child Left Behind Act (NCLB) of 2001.

Purpose of the NCLB Act

Signed into law in January 2002, NCLB is built on four basic principles:

Building on the standards-based reform efforts put into place under the previous version of ESEA, NCLB seeks to:

Schools' accountability for the performance of students who struggle with learning is a major focus of NCLB, creating unprecedented opportunities to improve the academic performance of these learners.

NCLB provides federal funds to states and local school districts through its Title I grant program. Currently all states accept Title I funds and about 90 percent of school districts and 60 percent of schools accept funds through a Title I grant. In return, NCLB requires accountability and results from the schools, districts, and states that accept Title I funds.

What all states must do

NCLB requires all states that accept Title I funds to bring all students to a proficient level in reading, math, and science by 2014. To achieve that goal, states are required to:

Important: NCLB is a complex law that allows much flexibility among states. States are free to extend NCLB requirements to schools that don't accept Title I funds, and some states have done so. Therefore, you are encouraged to investigate your state's policies and procedures regarding its implementation of NCLB. For information on your state's NCLB policies, visit your state's department of education website, using the list available at www.ED.gov.

Testing that NCLB requires of all schools

Annual statewide academic assessments (or tests) of student progress are the centerpiece of the expanded accountability principle of NCLB. Data from these assessments, combined with other important indicators, are used to determine if schools and school districts achieve AYP.

NCLB testing requirements

By the 2005-2006 school year:

By the 2007-2008 school year:

How NCLB test results are reported

In addition to reporting the assessment results for the entire school, results must be disaggregated, or broken out, by specific groups of students, including groups that historically underachieve. These groups are known as "subgroups." A student's performance data is included in every applicable subgroup. However, the performance of subgroups is only reported, and included in determining a school's or district's achievement of AYP, if the size of the subgroup meets or exceeds the minimum size set by the state. The minimum size of each subgroup varies greatly among states. To learn about the minimum size for subgroups in your state, visit your state's department of education website, using the list available at www.ED.gov.

*Note: While all schools are required to administer science assessments, schools are not held accountable for student performance on science assessments.

NCLB subgroup reporting requirements

To ensure that the majority of students are included in the assessment program, NCLB also requires schools to test at least 95 percent of the students in the grades assessed, as well as 95 percent of the students within each subgroup.

How NCLB test results are used

The results of these student assessments, along with other indicators, are used to determine if schools are providing substantial and continuous improvement in the academic achievement of its students and to determine if schools are making AYP.

Schools that do not achieve AYP for two consecutive years, either in overall academic achievement or in the achievement of any subgroup, are considered "in need of improvement." Title I schools must undertake efforts to improve the academic achievement of students through a variety of activities. Those schools that persistently fall short of AYP goals must also provide new options for parents, as well as be subjected to a variety of corrective actions designed to improve performance. (See "Options for Students in Low-Performing Schools," page 19.)

How Title I can work for you

The Elementary and Secondary Education Act (ESEA) was enacted in 1965 as part of the nation's war on poverty. Intended to address the inequity of educational opportunities for America's economically underprivileged children, in its most recent reauthorization ESEA became known as the No Child Left Behind Act.

Based on that historic mandate, NCLB provides federal funds to states and local school districts through its Title I grant programs. These federal funds are designed to supplement the state and local funds for schools with large populations of disadvantaged children so that the education for those students can be improved. For fiscal year 2005, Title I grants from the federal government totaled $12.7 billion.

NCLB applies differently to schools and school districts that accept Title I federal funds than to those that do not. To fully understand your opportunities under NCLB, it's important to determine if your child's school is a "Title I school."

You can contact your school or school district office for information about the Title I status of your child's school or learn about your child's school by searching the Public Schools database supplied by the National Center for Education Statistics. Here's how:

  1. Visit the National Center for Education Statistics search page.
  2. Enter the school name in the "Name" field.
  3. Click "Public Schools" under "Institutions."
  4. Click "Search."
  5. Click on the school name in the search results.
  6. Click on "More Information" at the top of the school data page.
  7. The school's Title I status is listed in the "School Characteristics" section of the page.

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Key terms and provisions of NCLB

Academic Achievement Standards
Achievement standards must describe at least three levels of achievement (advanced, proficient, and basic) that define how well children are mastering the material in the academic content standards. Each state determines its own academic achievement standards. Alternate academic achievement standards typically reflect reduced depth, breadth, or complexity of learning, while maintaining alignment to the grade-level academic content standards.

Academic Content Standards
Standards that specify what children are expected to know and be able to do; they must be coherent and rigorous, and encourage the teaching of advanced skills. Each state determines its own academic content standards. All students should have access to and be assessed on their enrolled-grade-level content.

Accommodations
Changes in testing materials or procedures that ensure that an assessment measures the student's knowledge and skills, rather than the student's disabilities. Accommodations are generally grouped into the following categories:

Adequate Yearly Progress (AYP)
Annual improvement that states, school districts, and schools must make each year in order to reach the NCLB goal of having every student proficient by the year 2014. The AYP requirement holds schools accountable for continuous progress in student achievement in reading/language arts and mathematics.

Annual Statewide Academic Assessment
Another term for student "testing" used to measure student performance and progress. Annual assessments must be aligned with your state's challenging academic content standards and challenging academic achievement standards.

Achievement Data by Subgroup
Student performance data sorted into student subgroups. The NCLB requirement for this disaggregated data is designed to help school districts and schools close the achievement gap between subgroups of children who have historically underachieved and their better performing peers. In order to make AYP, schools must test at least 95 percent of their students in each of the subgroups.

Highly Qualified Teachers and Paraprofessionals
New educational requirements for teachers and paraprofessionals (often referred to as aides), designed to ensure that all students are taught by highly qualified instructional staff.

Parent Involvement and Empowerment
An array of requirements designed to improve parental involvement, particularly in low-performing schools, as well as provide information on school performance, teacher qualifications, graduation rates, and other critical performance indicators.

Professional Development
Training that must directly address the academic achievement problem that is resulting in the lack of student progress. Title I schools not achieving AYP must spend not less than 5 percent of Title I funds on training for teachers and principals.

State, District, and School Report Cards
Annual reports that include specific information about the academic achievement of students — both overall and by subgroup — as well as information about teacher qualifications and other indicators of academic quality.

Public School Choice
Opportunities made available to students in Title I schools that are identified as "in need of improvement" that allow them to transfer to another school that is achieving better results. Schools must provide transportation for students who transfer.

Supplemental Educational Services
Opportunities for additional academic assistance for students from low-income families in Title I schools that fail to make AYP for a third year. Supplemental services, including tutoring, remediation, after-school programs, and summer school are provided at no cost to parents.

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NCLB provisions that can help your child

Increase focus on reading

Why this is important

Too many of our nation's children experience reading failure. In fact, according to the National Assessment of Educational Progress (NAEP) on reading in 2003, 37 percent of fourth-graders are reading below the Basic Proficiency level. This is the same level of failure that was reported in 1992. While the scores for the nation's highest-performing students have improved over time, those of its lowest-performing students have declined.

Learning to read well in the early grades is a major focus of NCLB. Effective, research-based reading instruction in the early grades can prevent reading difficulties for many children. And, research shows that reading difficulties, left untreated, are much harder to remediate in later grades. Therefore, under NCLB, Title I funds must be used only for effective methods and instructional strategies that are grounded in scientifically based research.

Now, you can use various provisions of NCLB to ensure that your child has access to proven instruction that can pave the way to academic success. NCLB includes a definition of reading, and the essential components of reading instruction. Be sure you are familiar with both!

NCLB definition of reading

Reading is a complex system of deriving meaning from print that requires all of the following:

NCLB's five essential components of reading instruction

The term "essential components of reading instruction" means explicit and systematic instruction in:

Plan to help

School districts that receive Title I funds are required under NCLB to have a plan to help low-achieving children meet challenging academic standards. Information from student assessments should be used to identify learning problems and improve instruction for individual students.

To meet NCLB requirements, the school district's plan must include:

This plan is a public record, so feel free to ask to see your district's plan.

Actions parents can take

To make sure the school is meeting the NCLB requirements above, which can improve your child's academic performance, find out if:

Improved opportunity to learn

NCLB requires states to assess all students against the same high academic standards. (See box below.) This means that your child must have the opportunity to learn the academic content on which the state tests are based.

Why this is important

Currently, students receiving special education services for learning disabilities (LD) aren't making adequate gains. Recently released findings of a study of special education students at the secondary level reveal that more than two-thirds are reading three or more grade levels behind. Twenty percent are reading five or more grade levels behind.1

Until now, many students with disabilities, including learning disabilities, have been excluded from state and local assessments or tested at levels far below their grade assignment. Many states have failed to comply with the federal Individuals with Disabilities Education Act (IDEA) requirements to assess all special education students and publicly report the results of those assessments. Because of this lack of accountability, your child may not have been given the opportunity to learn the same content that general education students were learning. In fact, only seven states — Arizona, Colorado, Hawaii, Illinois, Minnesota, New Jersey, and South Carolina — require that the Individualized Education Programs (IEPs) of special education students address state content standards — the same standards on which NCLB assessments are based.2

This lack of exposure to the general education curriculum at the appropriate grade level frequently results from a student's reading deficits. After all, if your child can't read at or near grade level, it is difficult if not impossible for him to understand the material. NCLB's requirements to test every student against the same academic standards will help improve the opportunity for special education students to learn. (For additional information on assessment options for students with disabilities, see "School Accountability through Student Assessment," page 15.)

Important: Under NCLB provisions, only a very limited number of special education students can be tested using alternate assessments based on either modified or alternate academic achievement standards developed by the state. Testing special education students using tests for students in lower grades (generally called "out-of-level" or "instructional-level" testing) falls under the same strict limitation.

Actions parents can take

To make sure the school is meeting the NCLB requirements above, which can improve your child's academic performance, find out if:

Better trained

Why this is important

Well-trained, highly qualified teachers and paraprofessionals are essential to improving your child's academic success. Unfortunately, poorly trained, uncertified teachers are teaching too many children. A recent survey showed that roughly 10 percent of special education positions nationally — more than 39,000 positions — are filled by uncertified personnel who serve approximately 600,000 students with disabilities.

"Highly qualified" teachers

To help improve the nation's teaching force and put a qualified teacher in every classroom, NCLB requires that:

Professional development

In addition to the teacher quality requirements of NCLB, Title I schools that do not achieve adequate yearly progress goals must spend at least 5 percent of Title I funds on high quality professional development for teachers and principals. These professional development activities must directly address the academic achievement problem that caused the school to be identified as "in need of improvement."

In addition, schools identified for improvement must:

Actions parents can take

To make sure the school is meeting the NCLB requirements above, which can improve your child's academic performance, find out if:

School accountability through student assessment

Why this is important

The annual testing requirements of NCLB, particularly in the early grades, are keys to improving the academic performance of all students. State assessments (or testing) are the mechanism for checking whether schools have been successful in teaching students the knowledge and skills defined by the state content standards. For that reason, these assessments must be aligned with each state's high academic standards and, with only limited exceptions for students with significant cognitive disabilities, all students must be tested against the same standards. Schools that test less than 95 percent of the total student body, or less than 95 percent of each subgroup, will not achieve the adequate yearly progress (AYP) required by NCLB.

Important: States have the flexibility to add "high stakes" for students to their state accountability systems. In some states students are required to pass one or more high school assessments to receive a standard diploma. Some states require students to achieve at certain levels on assessments to be promoted to subsequent grades. However, such "high stakes" are not a requirement of NCLB.

Accommodations

Students with disabilities, including those with learning disabilities, must be provided the necessary reasonable accommodations to fully participate in all statewide and district-wide assessments. You and the other members of your child's Individualized Education Program (IEP) team or Section 504 team will make all decisions regarding the accommodations your child needs to fully participate in the state assessments. Those accommodations should be part of your child's IEP or Section 504 Plan. Students with Section 504 Plans must participate in the regular grade-level assessments, with or without accommodations, while students with IEPs have several assessment options.

Assessment options

Special education students have several test options. Your child's IEP team will determine the assessment option that's right for your child. While it is the responsibility of the IEP team to make decisions about which assessment option is to be used, the team may not exempt your child from participating in the assessments required by NCLB. Options for testing students with IEPs include:

* States are limited on the number of student scores attained under these assessment options that can be counted toward AYP determinations.

Actions parents can take

To make sure the school is meeting NCLB performance testing requirements above, which can improve your child's academic performance, find out if:

Increased parent involvement

Why this is important

Involved, well-informed parents are an essential ingredient of improving student and school performance. NCLB requires that schools, school districts, and states provide a variety of information to parents.

Report Cards for Schools

Issued in the form of Report Cards, this information is designed to give the public timely, easy-to-read reports on the performance of schools and school districts. To meet NCLB requirements, the Report Cards must contain:

You will also receive information about the individual performance of your child on the state assessments required by NCLB. These reports, which are not made public, give you objective data on where your child stands academically, particularly in the critically important areas of reading and math. Unlike the progress reports you routinely receive, such as report cards and progress on individualized goals, including those contained in Individualized Education Programs (IEPs), results on state assessments provide important information about your child compared to where he should be on the grade level of a typical student his age.

NCLB requires that the results of assessments be reported to you in writing along with an explanation of what those test results mean.

Did you know?
Grades given to secondary school students with disabilities have been found to have no correlation to real academic functioning, misleading parents about how their child is actually performing.

Source: National Longitudinal Transition Study-2 (NLTS2), Youth with Disabilities: The Achievements of Youth with Disabilities During Secondary School, 2003.

Parent Involvement Policies- Title 1 schools only

In addition to Report Cards, Title I school districts are required to have a parent involvement policy and to distribute their policy to parents. Additional requirements for Title I schools within the district include:

Actions parents can take

Use NCLB Report Cards and parent involvement requirements to:

Options for students in low-performing schools- Title 1 schools only

Why this is important

If your child attends a Title I school that persistently does not achieve the required amount of academic progress for all students, and for all student subgroups, you now have new options under NCLB. These options include:

Actions that parents can take

Use the NCLB provisions regarding parental options to:

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NCLB checklist for parents

Make the most of provisions of No Child Left Behind to help improve your child's academic achievement! Use this checklist as a guide:

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About the authors

Out of a shared hope that the No Child Left Behind Act might be used by parents to benefit their children who struggle to learn, the National Center for Learning Disabilities and Schwab Learning, a program of the Charles and Helen Schwab Foundation, have jointly created this publication.

The National Center for Learning Disabilities, Inc., is a nonprofit organization dedicated to ensuring that the nation's 15 million children and adults with learning disabilities have every opportunity to succeed in school, work, and life. NCLD provides essential information to parents, professionals, and individuals with learning disabilities, promotes research and programs to foster effective learning, and advocates for policies to protect and strengthen educational rights and opportunities. For more information, please visit us on the Web at www.LD.org, at www.getreadytoread.org, and at www.keepkidslearning.org.

Schwab Learning is a nonprofit program of the Charles and Helen Schwab Foundation dedicated to helping kids with learning and attention problems be successful in school and life. Schwab Learning develops and delivers resources that provide parents of kids with learning difficulties, and kids themselves, with practical information, empathic support, and trustworthy guidance. Schwab Learning services are delivered through two websites, one designed specifically for parents at SchwabLearning.org (www.SchwabLearning.org) and another created expressly for kids ages 8-12 at SparkTop.org (www.SparkTop.org), as well as through outreach and community services.

Candace Cortiella is Director of The Advocacy Institute (www.AdvocacyInstitute.org), a nonprofit focused on improving the lives of people with learning disabilities through public policy and other initiatives. She also serves on the Professional Advisory Boards of the National Center for Learning Disabilities and Smart Kids with Learning Disabilities. The mother of a young adult with learning disabilities, she lives in the Washington, D.C., area. The author thanks Paul T. O'Neil, J.D., M.Ed., for his review of this guide.

Endnotes

  1. Wagner, M., Marder, C., Blackorby, J., Cameto, R., Newman, L., Levine, P. & Davies-Mercier, E. (with Chorost, M., Garza, N., Guzman, A. & Sumi, C.). Youth with Disabilities: The Achievements of Youth with Disabilities During Secondary School, reports from the National Longitudinal Transition Study-2 (NLTS2), 2003.
  2. Quality Counts 2004: Count Me In, Education Week, January 8, 2004.
  3. Westat, Study of Personnel Needs in Special Education, 2002.

Cortiella, C. (2005) Making the 'No Child Left Behind Act' work for Children Who Stuggle to Learn: A Parent's Guide'. Nation Center for Learning Disabilities.

© Charles and Helen Schwab Foundation 2005. All rights reserved. This guide has been provided free of charge by the National Center for Learning Disabilities and Schwab Learning. Wide dissemination of this guide is encouraged! Copies may be made and distributed in keeping with the following guidelines: The guide must be reproduced in its entirety, including pages containing information about the author, the National Center for Learning Disabilities, and Schwab Learning. Copies of the guide may not be sold.

This guide was made possible in part by a grant from the Oak Foundation.

This guide has been provided free of charge by the National Center for Learning Disabilities and Schwab Learning. Wide dissemination of this guide is encouraged! Copies may be made and distributed in keeping with the following guidelines: The guide must be reproduced in its entirety, including pages containing information about the author, the National Center for Learning Disabilities, and Schwab Learning. Copies of the guide may not be sold. Additional copies of this guide can be downloaded at http://www.LD.org/NCLB and http://www.schwablearning.org/NCLB