...A three-judge panel of the U.S. Court of Appeals for the 7th Circuit, in Chicago, ruled unanimously on Feb. 11 that even if the NCLB law was at odds with the Individuals with Disabilities Education Act, the special education law “must give way” because NCLB is the newer statute...
...The suit said that the IDEA’s requirement that each special education student have an individualized education program is contrary to the requirement under the No Child Left Behind law that special education students count as a distinct subgroup whose test results help determine whether a school makes adequate yearly progress, the key NCLB measure for holding schools accountable. The two districts missed making adequate yearly progress in the year before the suit was filed solely because their subgroups of students with disabilities missed their AYP targets, court papers say...
This from Education Week (subscription).
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