No Child Left Behind Act의 成果와 課題 — 特殊敎育 理念과의 衝突과 調和를 중심으로 —

When the No Child Left Behind Act was passed by Congress in 2002, NCLBA purported to be the solution to the problems in public education. However, the practical result has not been to increase standards and performance of the students attending public schools, and put the educational rights of students with disabilities at risk. Since its passage, NCLBA has been a source of controversy in the educational area because of the law's requirements that expanded the role of the federal government in the areas reserved for states. While the targets of NCLBA are ideal goals of reforming public education, the methods of achieving these aims have created a greater disparity in the quality of education for many students, particularly for students with disabilities. Most significantly, NCLBA substantially conflicts with the Individuals With Disabilities Education Act (IDEA). The broad underlying purpose of IDEA is to provide educational support to those who have disabilities so that they can become self sufficient members of society. NCLBA forms a striking contrast to IDEA's focus on the unique needs of individual students. By requiring all students to participate in mandatory standardized testing, NCLBA conflicts with the IDEA. In contrast to NCLBA's stringent participation requirements for standardized tests, IDEA affords students with disabilities the right to participate in the district wide testing in accordance with their individual educational plan (IEP). For students eligible for special education services, IDEA requires that they receive a “free appropriate public education(FAPE).” It is important to remember that FAPE does not necessarily mean the best possible education, but it does require an educational program that is structured to meet the educational needs of the student with the appropriate supports and services. Therefore, the way how NCLBA requires schools to assess their progress may lead to a violation of a student's right to a FAPE under IDEA. Improving public education system will be important to the success of future generations. No Child Left Behind Act purported to improve accountability and academic standards for all students, but it has accomplished nothing but put in danger the legal rights provided by the Individuals with Disabilities Education Act.