NCLB and AYP Educational Research Paper

8/4/2019 NCLB and AYP Educational Research Paper

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Running Head: Problems and Solutions Surrounding The NCLB Act and AYP for Students with Disabilities 1

Aron Helfinstine

Educational Research 5113

Problems and Solutions Surrounding The NCLB Act and AYP for Students with Disabilities

Southeastern University

June 15, 2011


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Table of Contents

I. Abstract...3II. No Child Left Behind Act Brief Summary................4III. Individuals with Disabilities Act of 2004......4IV. NCLB Controversy.....5

A. Academic Progress and Subgroups.......5B. AYPs Fabricated Report Card......6

V. Data Presentation and Analysis.........7A. The Teachers Argument with NCLB..........7B. Virginias Efforts to Make a Change.......8C. Surveying the Accommodations of Special Educators......9D. The National Center of Educations Survey of the States........10

V1. Home-School Communication is Raising AYP.........10

VII. Assessing Disability Students............12A. National Council on Disability 2008 Report..12B. NationalAssessment of Education Progress - The Nations Report Card...13C. The U.S. Department of Education Alternative Assessment Plan..14

VIII. Discussion............14A. State Educational Departments: Consider Virginia and Alabamas Efforts...15B. Raise AYP now by Incorporating Home-School Communication..........15C. Improve Accountability...........16D. Student Tracking.........16E. ModifiedAssessmentandTeachers argument with the NCLB Act.......16

IX. Conclusion..........17X. References...19


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Abstract

Since the establishment of the No Child Left Behind Act in 2001, country-wide

controversy and debate have swept the school systems. NCLBs intention was to provide federal

funding for education programs, specifically for disadvantaged students; however, statistics do

not necessarily support the intended purpose because students with disabilities are not being

properly educated and assessed. Many changes have been made over the years in regards to

classifying students with disabilities, especially learning disabilities. Not only has this affected

the assessment of students with disabilities, but it also has skewed individual schools adequate

yearly progress (AYP). Some schools are even disregarding their disability students academic

progress in order to boost their overall AYP. Data suggest that many schools and teachers are ill-

equipped to succeed at meeting the requirements posed by the NCLB Act while a common

standpoint identified by nearly all special-education teachers concludes that the NCLB Act is

ultimately requiring an impossible feat for disability students to succeed; however, hope remains

as some schools are taking responsibility for their lack of disability student progress and making

the changes necessary to better equip principals and teachers with effective tools, strategies, and

techniques to progress their students AYP while also meeting the requirements of the NCLB

Act. A student tracking-monitoring system, a proposed restructurization of the assessment of

disability students, and home-school relations are among many developing solutions currently

being utilized among others discussed in this paper. Simply put - federal mandate regarding the

education and assessment of students with disabilities remains at the core of debate surrounding

the No Child Left Behind Act. This study identifies the common trends, problems, and solutions

found in the relationships currently surrounding the NCLB Act and AYP for students with

disabilities.


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No Child Left Behind Act Brief Summary

The No Child Left Behind Act is a reauthorization of the Elementary and Secondary

Education Act (ESEA), the central federal law in pre-collegiate education. The ESEA first

enacted in 1965 and last reauthorized in 1994, provided federal funding for education programs

geared towards disadvantaged students. Federal legislation was ultimately passed by Congress

and signed into law on January 8, 2002. The NCLB Act continued to define and describe these

education programs as well as adding new accountability mandates that must be met by states in

order to receive funding for the programs; in turn, establishing a primary goal to close the

achievement gaps between the various student demographic groups in public schools. In short,

all states must bring all students to state designated proficiency levels in reading and math by

2014 (S. Dean, personal communication, October 8, 2009).According to Mareno,NCLB

provided the framework for President George W. Bush's bipartisan education reform plan

intended to ensure that every child in U.S. public schools has equal access to high-quality

education. Bushs Office of Secretary believes NCLB Act includes the following

components: (1) Accountability for Results, (2) Unprecedented State & Local Flexibility,

(3) Focusing Resources on Proven Educational Methods, and (4) Expanded Choices for

Parents & Reduced Red Tape (Mareno, 2007).

Individuals with Disabilities Act of 2004

TheIndividuals with Disabilities Act of 2004 strictly applies to students with disabilities

while the NCLB Act applies to all students. This law guarantees children with disabilities the

right to free appropriate public education. It places the responsibility of locating, identifying, and

serving students in need of special education in the hands of all public schools. Overall, it


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provides eligible students with special education and related services that allow them to benefit

from education just like all other students (Cortiella, 2007, p. 5).

The definition of a specific learning disability has remained the same over the years, but

ways that schools can determine whether a student has a specific learning disability has

significantly changed. The changes make it easier and quicker for schools to classify a child as

having a disability, allowing students to take full advantage of the accommodations and alternate

assessments available. IDEA defines specific learning disabilities by stating:

a disorder in one or more of the basic psychological processes involved in understanding or in

using language, spoken or written, which disorder may manifest itself in the imperfect ability to

listen, think, speak, read, write, spell, or do mathematical calculations (Cortiella, 2009, p. 1).

Previously, students were required to show a severe discrepancy between intellectual ability

and academic achievement. However, this has been removed from the IDEA. Supporters of these

changes argue that the discrepancy requirement was leading to late identification and

misidentification and thus delayed children receiving of special education service. Cortiella

(2009) states, Equally important was the growing evidence that such a requirement was

particularly problematic for students living in poverty, students with culturally different

backgrounds, or those who native language was not English (p. 1).

NCLB Controversy

Academic Progress and Subgroups

More specifically, controversy regarding the education and assessment of students with

disabilities revolves around one of the major NCLB mandates, academic progress. Since states


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are required to bring all students to proficiency, individual schools must meet state adequate

yearly progress (AYP) for both their student population as a whole and for certain demographic

subgroups, such as students with disabilities. Kevin Carey, an education expert, defines a

subgroup as a group of students that in most cases have been underserved by the education

system (Tulenko, August 14, 2007). Minimum subgroup size, frequently called N-size, refers

to the minimum number of students within each subgroup a school or district must contain across

the grades assessed before the requirement to achieve AYP for the subgroup is required

(Cortiella, 2007, p. 18). In other words, if a school has 43 students with disabilities and the

subgroup N-size is set at 45, then those students with disabilities do not appear within the NCLB

accountability system.

AYPs Fabricated Report Card

What if AYPs results across the nation were actually, well, not even actual? Research is

confirming such a case. Disappointing as it may be, schools, principles, and teachers the ones

responsible for reporting our childrens grades in their truest reflection possible are fabricating

their own report card in order to show a yearly AYP increase.

Bill Thorntons research provided data that further confirmed this shocking phenomenon.

He randomly selected and examined 23 small rural schools and their district data to determine

how they met AYP requirements for students with Individualized Educational Plans (IEP). He

also analyzed school improvement plans for efforts to ensure compliance with NCLB and

conducted site visits at selected schools that failed to make AYP. (Thornton, B. 2006, p. 3).

His results confirmed that many schools were not being held accountable for achievement

of special education students as data confirmed as many as 30% of IEP students were being


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year. But, the law says Im a failure because hes not proficient. Hes not at grade

level. (Tulenko, August 16, 2007).

Likewise, Cody speaks on behalf of all the teachers who feel the pressure of NCLB on students

with disabilities to achieve more than is attainable. Statistics back their frustrations as they

reveal students with disabilities still not achieving proficiency. The argument is not that the

students are not learning and progressing in their education, but they are instead impossibly

capable of advancing certain educational grade levels in such a short amount of time according

to where the NCLB states the student should be.

Virginias Efforts to Make a Change

Robert Jones said it best in his article dealing with strategies to achieve high school

success in accordance with the NCLB Act and AYP:

Achieving success on the NCLB goals of AYP and Highly Qualified Teachers (HQT) will

depend in significant part on the collaborative efforts of high school principals and teachers and

the support they receive from the central office administration. Clearly, change has to occur. As

Bear Bryant once said, "Cause something to happen." (Jones, R. 2009, p. 2).

Jones did just that. In Virginia, special education high school students were failing,

dropping out, and were not meeting the requirements of the NCLB and IDEA; contrarily

schools and teachers were not using the correct methods to instruct these students so they might

succeed. To meet the need, Jones partnered with the Virginia Department of Education and

together launched a series of six state-wide workshops. Their qualitative-developmentally based

research allowed all teachers and principals in Virginia to attend and work together in creating

more effective strategies instructing special education students. Numerous best practices and


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effective strategies emerged in a set-list geared to equip all Virginia schools in the areas of 1)

collaboration; 2) personalization; and 3) curriculum, instruction, and assessment. Though the

study has recently been implemented, 2009 School Year, Jones and the Virginia Board of

Education anticipate an overall increase in the AYP of both special and regular education across

the state of Virginia.

Surveying the Accommodations of Special Educators

Teachers and other Individualized Education Program (IEP) team members use a variety of

strategies when they make decisions about instructional and assessment accommodations. In-

structional accommodations are changes and supports that enable students with disabilities to

meaningfully access the curriculum during instruction. The Alabama Department of Education, with

support from the National Center on Educational Outcomes (NCEO), developed a survey of special

education teachers in Alabama on the factors and considerations affecting accommodations decisions

for instruction and assessment by surveying 2,575 respondents to the survey; 95% were special

education teachers. Their quantitative study provided an overall insight into how IEP teams select

instructional and assessment accommodations (Altman, J. R., et al, 2010, p.1).

More than 57% of the survey respondents indicated that a key criterion considered by the

IEP team in the instructional accommodations process for a student was the students present level of

functioning, whereas 28% identified the difficulty of content standards being taughtas an important

factor. (SeeAppendix A). These are generally considered to be sound criteria for IEP teams to

consider. (Atman et al., p. 13).

Forty-nine percent of the special education teachers indicated that assessment

accommodations decisions were based onsuccessful classroom accommodations trials during

instruction, and thirty-eight percent of special education teachers identified thesubject matter being


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taught or testedas an important consideration. (See Appendix B). According to Elliott and Thurlow

(2006), it is appropriate to try accommodations to see which work for specific students. (Atman et al,

p. 14).The results of this study suggest that special education teachers are knowledgeable about ac-

commodations, but may have some gaps in their knowledge about how to effectively select and

implement accommodations for instruction and assessment. Local Education Agency (LEA)

personnel need training in accommodations so teachers and IEP teams will have a better under-

standing of the process. There may also be a need for teacher preparation programs to provide

training in accommodations decision making for pre-service special education and general education

teachers (Atman et al., p.14).

The National Center of Educations Survey of the States

In 2007, The National Center of Educational Outcomes developed an extensive Needs

Assessment and Information Gathering Data-Survey Set on the participation and performance of

students with disabilities in state and national assessments. This study was both qualitative and

quantitative in form. The test was administered to the States Educational Directors across the

U.S. in attempts to determine if progress had been made to increase the participation of students

with disabilities in state-wide assessments (National Center of Education, 2008).

Their research provided numerous descriptive results found within their data, three of

most important to note are as follows: 1) More than half of the states attributed positive trends

in the participation and performance of students with disabilities in assessment and

accountability systems. 2) Most states now have policies on the selection and use of

accommodations and on alternate assessments for students with disabilities. 3) Most states


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record the specific accommodations used by a student on test day and few use a tracking system

to consistently monitor students who often perform poorly. According to data sets, those who do

are able to show an increase in their students performance (Altman, J. R., 2008, p. 6).

Home-School Communication is Raising AYP

Dr. Ratcliffes study examined the relationship between Annual Yearly Progress scores

mandated by the NCLB Act and correlates of effective schools. Interestingly enough, his

hypothesis predicting no direct relationship between AYP and correlates of effective schools was

proven incorrect through the findings of his study. (Ratcliffe, 2009, p. 94).

In hisKey Findings report one variable in particular, PACI (Parent and Community

Involvement), clearly contributed as a precursor variable to a relationship between AYP and

effective school correlates. PACI contributed nearly 40%. In addition, 2 other variables, CAS

(Collaboration Among Staff) 7% & MSP (Monitoring Student Progress) 4.7%, also contributed

to a relationship between AYP scores and schools. (Ratcliffe, 2009, p.98-99).

Dr. Ratcliffes findings concluded, Using this data-driven research to identify and focus

on high-return, context-specific correlates (that are unique to each particular educational setting)

should improve student academic achievement across the delineated subgroups and should result

in improved AYP scores. (Ratcliffe, 2009, p.100). His quantitative PACI data clearly concludes

a proven solution by which many schools could raise their students AYP progress.

Fenells research identified common challenges found when trying to establish effective

home-school communication. His findings revealed parents schedules or lack of time tend to be

the greatest factor hindering proper home-school relations. He also noted that inadequate


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economic resources, poor teacher parent outreach and communication, power differentials such

as discrimination towards single mothers, and finally poor communication skills for both parents

and teachers also create hurdles for parents to become involved in their students AYP. (Fenell,

Z. 2011, p.1)

Margaret Caspe supports Ratcliffes findings in her recent research conducted with the

Harvard Family Research Project. Caspe concluded,

Current research indicates that home-school communication is among the most important

factors in developing strong relationships between teachers and family while also promoting an

increase in students AYP. (Caspe, M. 2011, p.3)

Her research identified common trends found after proper teacher-parent communication

had been established including an improved student performance, trust between student-teacher-

parents, higher levels of student self-efficacy, and improved future student educational planning

for parents and teachers. (Caspe, M. 2011).

Assessing Disability Students

National Council on Disability 2008 Report

If a school is failing, it does not necessarily mean that the school is not providing a good,

quality education. It depends on how the students are being assessed. Students with disabilities

may make significant progress, yet still not be able to achieve at the specified grade level.

However, students with disabilities do have a wide variety of options when it comes to taking the

state assessment. They may take the general state assessment, with or without accommodations,

or take an alternative assessment for students with severe disabilities, yet there are still


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complications with these assessment options. (National Council on Disability [NCD], 2008).

Quoted in the NCD 2008 report,

If a student takes the general assessment with nonstandard accommodations, his or her

score may not be counted toward the proficiency rating of the local education authority.

Additionally, it was evident from our interviews that policies regarding standard and

nonstandard accommodations vary greatly from state to state (National Council on

Disability [NCD], 2008).

National Assessment of Education Progress - The Nations Report Card

National Assessment of Education Progress (NAEP) is generally referred to as the

nations report card. It is a statistically significant test that is conducted in all states and

provides average measures of student achievement across the country. The NAEP is believed to

be a more constant measure of achievement across states than AYP proficiency levels. In 2000,

for the state of Illinois, 77% of students with disabilities were below the basic achievement level

for mathematics in 8th

grade. Over time, it has increased significantly. In 2009, only 62% of

students with disabilities were below (NCD, 2008).

Cortiellas research reveals how NAEP scores vary from state to state. Some states have

seen significant improvement, such as Illinois, while others have not, such as Alabama and

California. As a result, it is difficult to judge the effectiveness of No Child Left Behind on NAEP

scores. Nevertheless, special education students are posting substantial gains on the NAEP. For

example, the scale score for 4th

graders in reading increased from 167 in 2000 to 190 in 2005

while the performance of students without special education status showed no significant

improvement. (Cortiella, 2007, p. 17).


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The U.S. Department of Education Alternative Assessment Plan

Until recently students with disabilities were evaluated the same way as every other

student through general state assessments. Some may argue that all students should be assessed

in the same manner; otherwise, all students are not receiving an equal education. However, by

not providing an appropriate assessment, students without disabilities are actually being given an

advantage. By offering an alternate assessment for students with disabilities, the education

system is successfully providing an equal opportunity for education to all students. In 2007, the

U.S. Department of Education presented the possibility of a newer, more realistic assessment for

students with disabilities. The Department (2007) reported, Alternate assessments based on

modified academic achievement standards will provide a more appropriate measure of these

students achievement of grade-level content [as well as] give teachers and parents information

that can be used to better inform instruction (p. 1). Additionally, these alternate assessment

scores will be included in each states accountability system as long as there are not more than

two percent of all students assessed.

Discussion

State Educational Departments: Consider Virginia and Alabamas Efforts

State Educational Departments across the nation should consider the methods of the

Virginias Department of Education. Their efforts to make a change by taking responsibility

for their lack of disability student progress and facilitating ways to increase their scores should

bear much fruit in the coming years ahead due to their extensive efforts to equip principals and

teachers with effective tools, strategies, and techniques to increase their disability students AYP

scores. With the data gathered from the Alabama department of Education we can see a


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common need for training and preparation programs to better equip teachers in making efficient

accommodations for both instruction and assessment. State departments should begin the process

of implementing the training needed identified by the Alabama and Virginia Departments of

Education for Special Education Teachers to better equip these teachers for more efficient

accommodations instructing and assessing disability students.

Raise AYP Now by Incorporating Home-School Communication

Dr. Ratcliffes Parent and Community Involvement data clearly concludes a proven

solution by which many schools could raise their students AYP progress. A current and

common trend in educational research, home-school communication is receiving much attention

and continues to validate this method as an overall effective strategy in raising all students

overall AYP performance. Data confirms, once teachers overcome the hurdles in establishing

better PACI, trust is established between the teacher, parent, and student; in turn, facilitating

better future educational planning for students and improved student AYP.

Improve Accountability

Bill Thorntons research confirmed as many as 30% of IEP students were being excluded

from the accountability process. Naturally, if this is happening to IEP students, is it not occurring

with other subgroups identified by NCLB? Accountability is needed of all groups of students

identified by NCLB and those responsible appointed by the state for accurately reporting

students AYP.

Student Tracking


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The National Center of Educations data proved how states that use a tracking system to

consistently monitor students were able to show an increase in their students performance. If

this was enforced nationwide AYP scores would finally experience a truer sense of

accountability; in turn, ultimately reflecting more valid and reliable AYP scores.

Modified AssessmentandTeachers argument with the NCLB Act

The U.S. Department of Education proposition of a more realistic assessment for students

with disabilities answers the most common problem identified by special education teachers

trying to meet the requirements of the NCLB Act by the use of alternating assessment scores.

It would be of great benefit for teachers across the nation to embrace the words of John

Cody and help facilitate his stance on success versus failure according to the NCLB Act when he

states, I am not interested in leaving anyone behind, (in reference to the No Child Left Behind

Act), but Im not going to say that I am a failure because my student came to me reading at the

fourth-grade level and Ive only managed to move him or her up to the fifth- or sixth-grade level

in one year. But, the law says Im a failure because hes not proficient. Hes not at grade level.

Those are unrealistic expectations and we as teachers should not be punished for that.

Conclusion

Due to the changes made identifying students with disabilities, there is a vast difference

in the number of students with disabilities over the years and how they are being assessed. In

other words, this calls into question whether any improvement made is a result of actual

improvement or if it could be a result of the change in methods of testing students with

disabilities or as data suggest, skewing the AYP results in order to achieve favorable outcomes.


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The Alabama and Virginia Departments of Education took responsibility for their

sluggish AYP performance and took the steps necessary to facilitate change and begin the

process of implementing the training needed to better equip teachers to succeed at

accommodating, instructing, and assessing disability students. State departments across the

nation should consider their efforts and express the same concern. Furthermore, schools can

easily and effectively begin the process of raising their AYP scores by equipping their teachers

to establish better home-school communication. And finally, by implementing a student tracking

system, improving AYP accountability, and adopting the U.S. Departments of Educations

modified assessment plan, in correlation with adopting other key factors mentioned above, one

can expect to see AYP increase across the nation while more efficiently meeting the needs of the

No Child Left Behind Act for all students alike.

As my knowledge has broadened while conducting my educational research, I have

developed the firm belief that the education and assessment of students with disabilities

following the mandates laid down by both the No Child Left Behind Act and the Individuals with

Disabilities Education Act needs to be reevaluated. I strongly believe that each student has the

right to an equal opportunity for education, yet children are not receiving this same opportunity

for education across our country, whether due to demographics, geographic location, or special

accommodation needs, not to mention the ways by which each state differs by which they

educate. Alternate assessments, even as simple as general state assessments with appropriate

accommodations are necessary for students with disabilities to properly express what they have

learned. Additionally, in some cases, it must be considered that certain students with disabilities

will never be able to meet the state requirements to be proficient at their grade level. I am

opposed to the simple evaluation of proficiency currently being used to assess students with


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disabilities and believe progression would be a better scale on how students with disabilities are

learning. If a student enters the 5th

grade with the reading comprehension of a 2nd

grader, it is

important to help this student progress as a reader. If, at the end of the year, this student can now

read at a 4th

grade reading level, they will not be able to pass a general state assessment;

however, they have progressed tremendously from an individual standpoint. I believe that this is

a better measurement of how students are learning through progression rather than where they

stand relative to other students.

After peer reviews have been completed and a final draft submitted and approved via my

professor Dr. Ratcliffe, this literature review paper will be submitted to the following publishers

for possible recognition; The Academe-Bulletin of the AAUP, the American Journal of

Education, and the American Educational Research Journal.


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References

Altman, J. R., Lazarus, S. L., Thurlow, M. L., Quenemoen, R. F., Cuthbert, M., & Cormier, D.

C. (2008). 2007survey of states: Activities, changes, and challenges for special

education. Minneapolis, MN: University of Minnesota,National Center on Educational

Outcomes.

The Aspen Institute Commission on No Child Left Behind. (2007). The Facts: Ensuring Students

With Disabilities Achieve Academic Success. Washington DC: U.S. Government Printing

Office. Retrieved June 10 2011.

http://www.aspeninstitute.org/sites/default/files/content/docs/commission%20on%20no%

20child%20left%20behind/DisabilitiesBackgrounderFINAL5.8.07.pdf

Caspe, Margaret. (2011) Home-school communication: Whats all the commotion? Harvard

Family Research Project. 2011 Presidents and fellows of Harvard College. Found at

www.hfrp.com on May 29, 2011.

Cortiella, C. (2007). Rewards & roadblocks: How special education students are faring under No

Child Left Behind.National Center forLearning Disabilities, 1-26. Retrieved May 28,

2011, from

http://www.ncld.org/images/stories/OnCapitolHill/PolicyRelatedPublications/Rewardsan

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Cortiella, C. (2009). IDEA 2004 close up: Evaluation and eligibility for specific learning

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http://www.greatschools.net/LD/school-learning/evaluation-and-eligibility-for-specific-

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Fenell, Zachary. Homeschooling and Education:Dialogue and communication between school

and home. Homeschooling and Education, found at www.ehow.com on May 29, 2011.

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Mareno, L. (2007). Bushs no child goals not met by quarter of schools. Retrieved June 10 2011,

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National Council on Disability. (2008). The No ChildLeft Behind Act and the Individuals with

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Tulenko, J. D. (Executive Producer). (2007, August 14). The NewsHour[Television broadcast].

New York: Learning Matters, Inc.

U.S. Department of Education. (2007).Measuring the achievement of students with disabilities.

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Appendix

Appendix A. Top Factors for Decision Making on Instructional Accommodations


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Appendix B. Considerations Reported by Respondents as Most Important in Making Assessment

Accommodations Decisions

NCLB and AYP Educational Research Paper

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