IDEA and NCLB; Is There a Fix to Make Them Compatible?

While the IDEA has demonstrated success in enabling children with disabilities to receive an educational benefit, by its own admission, it has not been able to completely close the gap because it has been impeded by low expectations. Despite the flaws in NCLB, it is quite possible that this act could be the missing link to the future success of the IDEA, especially in light of Congress’ attempts to align the two statutes. Scholars and litigators have argued that since the 1997 Amendments to the IDEA, the educational standard has risen for children with disabilities. State and federal courts, however, have routinely declined to accept the changes in the language as an affirmative step in requiring a higher standard than the Rowley Court’s “floor of opportunity.” However, in the years since this litigation, NCLB has been enacted, and the IDEA has been reauthorized. The 2004 reauthorization of the IDEA was a purposeful attempt to align both statutes, which on their faces, would otherwise be competing statutes.This article explores the IDEA’s and NCLB’s differences, Congress’ attempts to align them, and how NCLB could significantly benefit children with disabilities. First, this article describes the IDEA’s history, purpose, standards, and mechanics. Second, this article discusses NCLB’s purpose and mechanics. Third, this article identifies and discusses the conflict between the two statutes, and Congress’ attempts to reconcile NCLB with the IDEA. Finally, this article concludes by recognizing that Congress could and should have spoken more clearly on whether it intended for the two statutes to complement each other when it reauthorized the IDEA because the statutes affect the same population of students, creating a need for the statutes to be reconciled. Furthermore, the only case addressing the relationship of NCLB and the IDEA, Board of Education of Ottawa Township High School District v. Spellings, holds that the statutes generally do not conflict; where they do conflict, NCLB supersedes as the last-in-time statute enacted due to the IDEA having been merely reauthorized and re-amended, not re-enacted. Therefore, the standard imposed on the schools for all children is indeed dictated by NCLB, and by incorporation, the IDEA must follow.

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