Posted by Andreaaspn

FYI - this came from

http://www.wrightslaw.com/law/news/OR_settlement_dyslexia.htm

Students With Learning Disabilities and State of Oregon Settle Class Action Suit Over High Stakes Assessments in Public Schools
Panel of National Experts Will Issue First Major Report and Recommendations On Public School Testing and Children With Learning Disabilities

PORTLAND, Ore., Feb 1 /PRNewswire/ -- Lawyers for children with learning disabilities today announced the settlement of a class action lawsuit against the Oregon State Board of Education, which alleged that Oregon's assessment system discriminated against learning disabled students.

A 42-page report by a panel of experts, containing 30 recommendations to ensure that students with learning disabilities are treated fairly on high stakes tests, formed the basis of the settlement of the class action.

According to lawyers for the plaintiffs, both the expert report and the settlement are unprecedented and have national implications.

"Under the settlement, Oregon will modify its current testing system so that students with learning disabilities will be able to demonstrate their abilities and are not tested on their disabilities," said Alison Aubry, an attorney with Disability Rights Advocates. "By entering into this constructive resolution, Oregon has put itself at the forefront of treating all of its students fairly."

The expert panel's report is part of Disability Rights Advocates' new publication, "Do No Harm: High Stakes Testing and Students with Learning Disabilities." The report analyzes the issues surrounding high stakes testing and students with learning disabilities, including the legal implications of such tests and the safeguards needed to protect the rights of learning disabled students.

(Do No Harm is available from Disability Rights Advocates - more info and links at end of this news release)

The Oregon settlement includes provisions outlined in the expert panel's report and provides for the appointment of a facilitator who will monitor the State's compliance with the agreement. The panel received extensive amounts of information from the State and the plaintiffs, and studied the assessment system for approximately one year before issuing their recommendations.

"We filed this case because our children were in danger of having their educational opportunities destroyed by these tests," said Cathy Wyrick, a Portland mother of one of the plaintiffs. "Smart and talented students were failing the tests because they weren't provided with the accommodations that they needed in order to show their actual knowledge. With this settlement, kids with learning disabilities will now have an equal chance on the assessments."

According to DRA, this is the first time an expert panel has been convened to analyze a testing system specifically concerning the impact on students with learning disabilities.

"Although virtually every state in the nation has adopted or plans to adopt high stakes tests, no one until now has focused on how these tests affect students with learning disabilities," said Sid Wolinsky of DRA. "The panel's work will be invaluable not only in Oregon, but across the country because it lays a blueprint for all states to follow in order to make sure that their assessment systems are fair to learning disabled students."

"The President and Congress have both announced plans to increase high stakes testing at all levels of education," according to Jeffrey Foote, a Portland lawyer with Trial Lawyers for Public Justice.

"Unfortunately, high stakes tests can be extremely harmful because they are generally developed and implemented without any attention to the impact these tests have on students with disabilities. As a result, the tests often directly test the area of a student's disability and test students on material that they have never been taught."

Resources About Accommodations & Modifications, High Stakes Testing,

Wrightslaw FAQ: Are Children with Disabilities Required to Take State-Mandated Tests?

Do No Harm: High Stakes Testing and Students with Learning Disabilities. from Disability Rights Advocates (DRA). Analyzes issues surrounding high stakes testing and students with learning disabilities, including the legal implications of such tests and the safeguards needed to protect the rights of learning disabled students.

Provisions in IDEA 1997 Related to Students with Disabilities and State and District-wide Assessments published by Office of Special Education Programs, U. S. Department of Education, August 24, 2000.

List of Appropriate School-Based Accommodations and Interventions for a Section 504 Plan or IEP by Rebecca Chapman Booth from National Attention Deficit Disorder Association.

Pass the Test or No Diploma: High Stakes Graduation Testing and Children with Learning Disabilities by Paul T. ONeill, J.D., Wilkie Farr & Gallagher.

Books About Accommodations, School Law, Special Education Law

Accommodations in Higher Education Under the Americans With Disabilities Act (ADA) by Michael Gordon (Editor), Shelby Keiser (Editor), Alta Lapoint.
"Practical manual offers guidance for anyone involved with ADA issues in higher education settings. Fundamental principles and actual clinical and administrative procedures are outlined for evaluating, documenting, and accommodating a wide range of mental and physical impairments. For more information.

The Law of Schools, Students, and Teachers in a Nutshell (Nutshell Series) by Alexander and Alexander.
"This book covers school law in a clear and concise manner; language is easily understood; should be on the desk of every teacher who is concerned about the welfare of children." For more information about The Law of Schools.

What Do I Do When: The Answer Book on Special Education Law by Susan Gorn.
Clear answers to hundreds of questions about legal rights & responsibilities, from eligibility, evaluations, IEPs, procedural safeguards, discipline, more. Excellent resource for parents, educators, advocates and attorneys who want to learn more about special education law. More info about The Answer Book on Special Education Law.

For more books about special education law and legal issues, visit the Law Section of the Advocate's Bookstore.

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