District won't join NCLB lawsuit

Tuesday, April 12, 2005

By AMANDA WILLIAMS

of The Register-Mail

The Ottawa School District filed a federal lawsuit in February claiming school districts cannot meet requirements of No Child Left Behind and the Individuals with Disabilities Education Act at the same time.

Superintendent Neil Sappington told the Board of Education on Monday the administration has decided not to get involved with Ottawa's lawsuit because of recently announced changes to the federal education law.

District 205 had been considering joining the lawsuit as a party plaintiff since February and administrators originally planned to back the suit.

The U.S. Department of Education announced Thursday a new approach to the No Child Left Behind law which would give schools more flexibility in meeting standards, as long as they are raising student achievement.

The new plan would allow schools to identify students with "persistent academic disabilities" and set separate goals for them. Tests for those students would be modified. The rule would allow 2 percent of a school or district's enrollment to be tested against the new standards.

District 205 administrators say the changes are an improvement to the law which originally required all but 1 percent of students with disabilities to take the same tests as other students in their grade level.

"We think they are moving in the right direction," Sappington said.

Joel Estes, director of curriculum and instruction in District 205, said the changes are a sign the federal government has heard the criticism against the education law and is willing to make adjustments to it.

Tom West, the district's attorney, agreed.

"Clearly it appears the complaint has been heard," West said. "My guess is the suit in Illinois is not the only suit in the United States filed to raise the issue.