Monday, March 23, 2015

Question about Common Core and Civil Rights of Disabled Students

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?

Every 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.

It 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 disabilities.

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,
3) Then the student with a  disability is then entitled to be schooled in an environment where their civil rights are not violated,
4) Hence is the school district required to pay for the student to attend a private school that does not require CC in order to graduate?

Or 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....