I posted this on my Facebook page yesterday. What does everyone think? Am I right about Common Core being a potential civil rights violation under the IDEA and ADA?
I just learned that under CC here in NY there is no longer the option
of alternative testing that the State allowed under the old Regents
regime. If the State knew that they needed to provide alternative
testing to graduate some students with disabilities, or it would be a
violation of the IDEA and ADA, why under CC do these Civil Rights
legislations not count? Since when did students with disabilities loose
the right to alternative testing to prove that they are college ready?
brain does not work the same. That is something that neurologists have
known for decades. It is partly the theory behind the IDEA, to allow
those who are not neurotypical the right to access how their brain
analyzes information in order to prove their academic abilities.
seems to me that CC is a violation of the civil rights of those who
would otherwise qualify for alternative testing. Without the alternative
testing many IEP students will not pass the CC and not be given a high
school diploma. They will only be given a local certificate. It
basically means that they cannot go on to post secondary education of
any kind. They will not be able to fulfill their dreams simply because
their brain processes information differently than a typical student and
those that wrote the CC are discriminating against those with learning
While a student who attends a private
school, as opposed to a public school, do not have to take the CC tests
in order to receive a high school diploma, most families cannot afford
that alternative for their children. The question then becomes who pays
for the private education in order that a child's civil rights are not
violated? This is not an issue of alternative public placement for LRE
and FAPE. But the question becomes:
1) If CC is a violation of the civil rights of students with disabilities (which I believe it is),
2) Because there is no alternative right of testing under CC,
Then the student with a disability is then entitled to be schooled in
an environment where their civil rights are not violated,
is the school district required to pay for the student to attend a
private school that does not require CC in order to graduate?
quite frankly the entire premise of CC is unconstitutional as a
violation of the rights of those who fall under the IDEA and ADA, unless
they implement alternative testing for those that qualify.
Well its just a thought....