PES looks at joining NCLB lawsuit

E-mail this story

Print this story

Share

PRINCETON -- The Princeton Elementary School District is discussing the option of joining Ottawa High School in a lawsuit against the federal government regarding the requirements of and conflict between the No Child Left Behind Act and the Individual with Disabilities Education Act. Princeton Elementary School District is entering its second year of not making adequate yearly progress (AYP) on its district report card with those students who have special education needs under the No Child Left Behind Act. The real conflict lies between those two laws. The purpose of the Individuals with Disabilities Education Act is to test each child with a disability for their individual learning pace. An Individual Education Plan (IEP) is then developed for that particular child's disability, setting a realistic and attainable pace for learning. The concept is for the child to achieve the goals set forth by the IEP; the plan is then reviewed annually and adjusted accordingly. Meanwhile, the No Child Left Behind Act states every child will eventually learn at, or above, the grade level they are in. When the child reaches eighth grade, for example, they will be expected to take the regular eighth-grade test without any allowances for their disability. Because of conflict between the two laws and those students with disabilities under No Child Left Behind, the district cannot make adequate yearly progress. AYP demands 40 percent of the 95 percent of students tested in reading and math must pass the test. Because the district cannot make AYP, they are facing the possibility of losing their Title I funding. If PES fails to meet AYP for a third year, 20 percent, or $6,500, of the Title I money will be taken away. After a fourth year of not meeting AYP, the Illinois State Board of Education will send a committee to assume the duties of the district board of education and to direct the district in their academic requirements. After the fifth year of not meeting AYP, all $130,000 of Title I money will be taken away, and ISBE will take over all the activities and tasks of the district's school board. On top of that, each year the federal government increases the requirements of No Child Left Behind. This year the district was expected to have 40 percent of the students passing the test. Next year, the requirements will be increased to 47.5 percent. By 2014, the federal government wants to have all school districts with 100 percent of the students at or above grade level. According to PES Superintendent James Whitmore, there are more than 200 school districts in the state of Illinois in the same predicament. "Under the current scenario, I don't see how we can make AYP. In the wisdom of the federal government, they give us money for Title I funds right now in order to supply teachers the opportunity to bring children up. "And the wisdom of the federal government is if you fail to make (AYP), then they're going to take that money away from you. So, that makes a lot of sense too," he added. Thus, PES has been presented with an option of entering into a lawsuit against the federal government with Ottawa High School and six or seven other school districts to contest the two laws. If the district chooses to join in on the lawsuit, that decision could cost the district as much as $10,000 at the end of three years, but it could take that long simply for the lawsuit to reach the Supreme Court, if necessary. "The federal government may choose to settle out of court and say they're going to do away with IEP responsibilities related to AYP, which would be a win for school districts, not only in the state of Illinois, but also the United States," said Whitmore. According to Whitmore, funding for the lawsuit could be garnered through the TORT liability levy the district presents every year. It would cost the district about one half of one cent of a tax increase to participate, said Whitmore. Ottawa High School intends to take the first six or seven districts who choose to participate by the March 1 deadline. According to Whitmore, the lawsuit could get under way by April or May. The board intends to discuss the matter at the Jan. 24 board meeting to see if there is enough interest to continue the discussion at the February board meeting. "The politicians and bureaucrats do not want to listen to what we have to say. We do need direction on this because we can not comply with both laws, so we're hoping the courts will resolve the issue," said Thomas Jobst, superintendent at Ottawa High School. "We don't oppose accountability. We're not opposed to assessment, but we're in a catch 22," Jobst continued. "We're getting penalized for something we have no control over." According to Jobst, the complaint on the issue has already been written, and they'll proceed with the lawsuit as soon as they have six or seven districts to join the suit. The Ottawa District has retained the firm of Scariano, Himes and Petrarca of Chicago to represent their cause. Jobst said the first phase of the lawsuit could take up to six months or more.