I want to challenge statewide tests. I feel they are in violation of the IEP. If a child’s current reading level is a second grade level, the IEP states that all work must be modified at his instructional reading level, even if that child is in eighth grade. How would it then be legal to make that child take the Ohio achievement test at the eighth grade level? It would be a violation of the IEP.
How can the state continue to get away with this? Not only does testing above documented ability level violate the IEP, it causes a lot of unnecessary pain to these children. How can I go about challenging this?
-Sped teacher in Ohio
Many people are concerned about the negative and discriminatory impact of high-stakes tests on children with disabilities. Litigation has been spreading on this issue throughout the country. You are to be commended for your interest and commitment to your students.
You may want to contact your union, though they may not be interested in getting involved in this issue. There are several not-for-profit legal advocacy groups that are working on this issue. They include the Center for Law and Education, in Washington, D.C., the Public Interest Law Center of Philadelphia, the Disability Rights Education and Defense Fund in Berkeley, California, and other groups.
You may also find information on this issue on the website of the National Disability Resource Network .