1. Capitol Hill Update NJCLD Transition Symposium
Laura Kaloi, Director of Public Policy, NCLD
May 30, 2008

2. (*ranges from a high of 20% to a low of 10%)
Number of Students with Individualized Education Programs (IEPS): 6,313,342
13.3% of total students*
(*ranges from a high of 20% to a low of 10%)
Source: NCES, Common Core of Data
National Center for Educational Statistics, April 2005

4. In school year , the categories of students that did not include cognitive impairments totals 85.3 percent of IDEA-eligible students
Table 1-3: IDEA Part B Child Count, 2005

5. Source: NCEO

6. Change in Selected Disability Categories 1996-2006 ~ Ages 6-21
% CHG
All Students
5,235,952
6,081,890
16.2%
Specific LD
2,676,299
2,710,476
1.3%
Speech/Lang.
1,050,975
1,160,904
10.5%
Emotional Disability
447,426
458,881
2.6%
Other Health Impaired
160,663
599,494
273%
Autism
34,101
224,594
559%
Developmental Delay
N/A
83,931

7. A Few Facts About Individuals With LD
57.4% of students with LD graduate with a regular diploma versus 87.6% of students in the general population
31.6% of students with LD drop out of high school versus 9.4% of students in the general population
23% of students with LD participate in a 2-yr college
11% of students with LD participate in a 4-yr college
53% of working age adults w/ LD are employed vs. 77% among those w/o LD, partly because of lack of education

8. What’s Happening on Capitol Hill
Higher Education Act reauthorization is expected to go to the President
Americans with Disabilities Restoration Act (ADRA) may pass the House
No Child Left Behind (NCLB) reauthorization is stalled

9. Higher Education Act
NCLD, in collaboration with CCD and the UDL Coalition secured language in HR 4137 including:
National Center for Information & Technical support to improve the post-secondary recruitment, retention and completion rates
An Advisory Committee on Accessible Instructional Materials in Post-Secondary Education for SwDs
Model Demonstration Programs to improve access to post-secondary instructional materials for students with print disabilities
National Study on Higher Education Access Success
Programs to ensure SwDs receive a quality higher education
Definition of Universal Design for Learning
*All provisions are expected to be in the final bill

10. Americans With Disabilities Restoration Act
Negotiated deal includes:
New definition of ‘substantially limits a major life activity’ as ‘materially restricts a major life activity’ (e.g. reading, thinking, learning)
Overturns Sutton (among other cases) that have set precedent in limiting access to accommodations for individuals with LD
Provides that ‘mitigating measures’ cannot be used against individuals seeking ADA protection (e.g. assistive technology, reasonable accommodations, learned behavioral or adaptive neurological modifications)

11. ADRA (cont.) NCLD & LDA have worked together to:
Educate disability and business advocates about:
the definition of LD -- what it is, what it is not
the formal documentation process
the way the current law has undermined access to accommodations
Ensure key Members and their staff support including individuals with LD to the best extent possible
Develop strategies to create momentum and support

12. ADRA: Major Issues Perception that:
a documented LD is not a qualifying impairment
Current law has functioned well
Giving people access to testing accommodations diminishes the veracity of the test
“having an LD should not qualify and individual outright for accommodations.” quote: testing company lawyer

13. NCLB Has Benefited Students with Disabilities
Increased participation in state assessments
Improved academic achievement in both reading and math
Increased use of testing accommodations
See: NCLD Rewards and Roadblocks: How Students with Disabilities Are Faring Under No Child Left Behind, 2007

14. NCLB: Major Issues
Perception that students with disabilities cannot achieve grade level proficiency
And take grade level assessments
Or graduate on time
IEP seen as viable ‘tool’ to determine proficiency
Out of level testing viewed as adequate for SwDs

16. Laura Kaloi lkaloi@ncld.org