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 FL
Inquiry made into FCAT complaints
by Jamie Malernee, Sun Sentinel, September 6, 2003
For more articles like this
visit
https://www.bridges4kids.org.
An arm of the U.S. Department of Education is investigating
multiple complaints that the state's testing system
discriminates against Florida's disabled students.
Broward and Palm Beach counties are two of eight school
districts the department's Office for Civil Rights is auditing
as part of a "compliance review" of FCAT policies and
procedures. The review comes after 13 complaints that the state
and schools are violating disabled students' right to a free
appropriate education by requiring them to pass the FCAT to be
promoted to the next grade, and by failing to provide the
special accommodations they need to take the test.
"When so many complaints come to the surface, you realize
something is wrong with the system," said Genevieve Cousminer,
an attorney and coordinator of advocacy services for the
Coalition for Independent Living Options, a West Palm Beach
group for the disabled that is one of the complaining parties.
Broward parents are also applauding the review. Cheryl Harter of
Coral Springs said her deaf son is repeating the third grade at
Tamarac Elementary this year because he didn't pass the FCAT.
She says it's unfair Travis is expected to pass a third-grade
reading test when he is being instructed on a first-grade level.
"I find the whole system ridiculous," Harter said, adding that
her older son, Ryan, who is also deaf, also had trouble with
reading when he was young.
"Ryan would not have passed the test when he was in third grade,
and now he's graduating with honors and will be off to college,"
she said.
By the time Travis graduates from high school, he "will be three
months shy of his 20th birthday," Harter said.
"How many kids do you know who are almost 21 who stay in high
school? We're setting these children up to give up," she said.
Leah Kelly, director of Exceptional Student Education for
Broward schools, doesn't think the inquiry will do away with the
FCAT for special needs students -- but she said it could affect
the way it is administered.
"Are there things, additional accommodations, not available last
year that need to be in place? Absolutely," she said.
In a memo to the state, federal officials express specific
concern that accommodations approved by a governor-appointed
task force were not made available to students because of "time
and logistical constraints." Among those accommodations
available in 2004 but not 2003: teachers will be able to give
some special needs students visual cues to help them with the
test's directions, give extra examples for practice, audiotape
the directions and questions instead of reading them, and
provide a computerized version of the test.
Russ Feldman, executive director of Exceptional Student
Education for Palm Beach County schools, said it is going to
take enough paperwork to down "a small forest in Idaho" to
comply with the federal review -- but he feels confident his
district is following state law.
"The complaint is really against the state and the FCAT in
general, not us," he said.
Shan Goff, deputy chancellor for student achievement with the
Florida Department of Education, said the agency has worked hard
to give options to students of different abilities and sees the
review as "typical" procedure for the Office of Civil Rights to
follow when receiving complaints.
"I think we've been very responsive. [Districts] have done a
good job ensuring that accommodations were expanded and we're
kind of looking forward to sharing what we've done," she said.
For a look at these accommodations, visit
http://www.firn.edu/doe/commhome/fcatasd.htm.
State policy dictates that most students must pass the FCAT to
get a standard high school diploma. Special education diplomas
are available for some disabled students, but they don't offer
the same opportunities.
Prompted by the governor-appointed task force and a growing
outcry from the community, the Florida Legislature last year did
approve a law that helps some youths obtain a high school
diploma even if they failed the state's high-stakes test. The
legislation lets a special education committee in each school
district decide whether to grant a standard diploma to students
who have twice failed the FCAT but still meet other state
graduation requirements.
Rep. Loranne Ausley, D-Tallahassee said that federal law
provides that whatever accommodation a disabled child has in the
classroom should be allowed in testing situations. But she said
state education officials didn't want to do that for the FCAT.
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