Abell Foundation, 175
abuse: definition of, 3–4; educational, xvi, xvii, 3, 180
access to curriculum, 50
accountability, 108–9, 117–20, 144, 150, 156
adequacy: definition of, 108; in education, 69; federal guarantee of, 110–11; in spending, 105; studies of, 107
ADHD. See attention deficit hyperactivity disorder (ADHD)
administrative law judge (ALJ), 161–62
advance notification, 165
adverse effect requirement, for disabilities, 39–40
advocacy assistance, 163–68
advocacy organizations, 19, 140, 170
Ain’t Nobody Be Learnin’ Nothin’ (Rossiter), 47–48
Alessi, Galen, 32–33
ALJ. See administrative law judge (ALJ)
Alonso, Andres, 89–90
alternative assessments and standards, 97
American Institutes of Research, 132
anti-social behaviors, xii, 5, 58
appeal, of IEP decisions, 161–63
appropriate, meaning of word, 85
“Assessing Progress” (Tennessee Department of Education), 74–75
assessment instruments, 61
attention deficit hyperactivity disorder (ADHD), 28–29, 82, 95, 146
autonomy, professional, 117, 123–25
Baltimore, Maryland, xv, 9, 43–52, 68, 83, 89–95, 159, 164
Bausell, R. Barker, 70–71
behavioral causes of learning disabilities, 58
below basic performance, 43
Berkeley, California, 17, 147, 153, 154
Best Evidence Encyclopedia (Johns Hopkins University), 132
best practices, evidence-based, 61–70, 101, 128, 139, 156
“Beyond Special Education” (Gartner and Lipsky), 151
blaming the victims, 13, 28, 31–34, 175
Board of Education v. Rowley, 86–87
Botstein, Leon, 118
brain scans, 37–38
Bridge Plan for Academic Validation, 48
Brown v. Board of Education, 14, 16–17, 142, 154–55
bungling, 76–79
burden of proof, 162–63
Burger, Warren, 141–42
Bush, George W., 26, 31, 119, 143
Buzzy clause, 113
calculators, 50
California, 110
California Supreme Court, 155
call to action, xvi, 4, 20–21, 57–58, 179–80. See also political action
career and technical education, 108
Center for American Progress, 120
centralized governance, 145
central offices, 122–23
certificates of completion, 96
chains of command, 125
Chamber of Commerce, U.S., 120
charter schools, 114
cheating on standardized tests, 52
Chesterton, G.K., 11
civil rights: education as, 14–17, 139, 146–56, 176; movement, 142
class action lawsuits, 16–17, 139, 147, 153–56
Cleveland, Ohio, 43
coaching, on-the-job, 117, 125, 131
cognitive impairments, xviii, 7, 96, 152
collective bargaining contracts, 126
collective political action, 19, 168–79
Colorado, 110
commercially produced intervention programs, 77
Commission on Innovation and Excellence in Education. See Kirwan Commission
Committee on the Prevention of Reading Difficulties in Young Children, 35
Common Core standards, 131–32, 143–44
community control of education, 113, 125. See also local control of education
competition for resources, 173, 177–78
complacency, xiii–xiv
complaint procedures, 166, 169
compliance monitoring, 150
“Concept of RTI: A Billion-Dollar Boondoggle, The” (Johns, Kauffman, and Martin), 76
consent, parental, 160
conservatives, political, 106, 114, 164–68, 176–78
Consortium for Evidence-based Early Intervention, 76–78
consultants, 107–8
content knowledge, 129
costs: of services, xii–xiii, 160–63; of special education, 25; of tutoring, 109
Council of Chief State School Officers, 49–50, 85, 170
Council of Parent Attorneys and Advocates, 78
“Counterintuitive Approach to Improving Math Education, A” (Loeb), 59
cover-up, of underachievement, 45–52
“Crack in the Educational Malpractice Wall, A” (DeMitchell and DeMitchell), 155
crime, educational establishment guilty of, xiii, 118
Cruise, Tom, 104
culture wars, 66, 131. See also education wars
curricula: access to, 50; mismanagement of, 131; modified, 51; national, 66; reform of, 65–66
curriculum-embedded tests, 167
dance of the lemons, 125
data tracking, 93
day-to-day help for teachers, 127
decentralization, 125
Decoding Dyslexia, 173–75
deference to school authorities, 87, 161
de minimis standard, 87
demoralization of teachers, 68
Deshler, Donald, 91
desperation, teacher, xv–xvi, 28–31, 37
Detroit, Michigan, 153–54
developmentally appropriate reading instruction, 133
differentiated instruction, 66–68
“Differentiation Doesn’t Work” (Delisle), 67
diplomas, 47–49
disabilities: accommodations for students with, 50; adverse effect requirement, 39–40; advocacy organizations, 172; changing construct of, 16; classifications of, 7; illiteracy as, 146–47; medical, 6; multiple, 96; physical, 8; redefining, 151; and RTI, 78–79; severe, xviii, 96–97, 152–53, 171; teacher preparation and, 129
discrepancy gap, 28, 35–37, 77, 82. See also gaps in achievement
discriminatory attitudes and practices, 32
double retentions, 46
Driscoll, David, 141
dropout rates, 45
due process hearings, 161
dumbed down standards, 51–52
Dyslexia Task Force, 175
EAHC. See Education for All Handicapped Children Act (EAHC)
early childhood practitioners, 133
early identification and intervention, 62–64, 101
economic class biases, 31–34
economic issues, 13, 28, 63, 164, 176
educational abuse, xvi–xvii, 3, 180
Education Commission of the States, 76
Education for All Handicapped Children Act (EAHC), 24, 142
Education Trust, 132
education wars, 104, 114–15, 125. See also culture wars
effort, lack of, 95
egg crate schools, 124
Einstein, Albert, 141
elected school boards, 113
Elementary and Secondary Education Act, 14, 142
eligibility for special education, 4, 6, 22–28, 34, 60, 149, 153, 170
Elmore, Richard, 123
emotional disability, 5, 8, 39, 58
Endrew F. case, 173
equal educational opportunity, 139–42
equal opportunity funding, 105
equal protection clause, 17, 154
equity in spending, 105
ESSA. See Every Student Succeeds Act (ESSA)
establishment, educational, xvii–xviii, 12, 101–2, 118, 169–70
“Evaluation of Response to Intervention Practices for Elementary School Reading” (Balu), 77
evaluations of teachers, 125–26
Every Student Succeeds Act (ESSA), 7, 15, 61, 85, 117–20, 132–33, 144–52
evidence-based best practices, 61–70, 101, 128, 139, 156. See also research-based programs
Evidence for ESSA, 132
exaggeration of progress, 167
exit exams, high school, 48
experimental teaching, 73
expert instructors, 73
extended time accommodation, 50
external regulation, 117
failure: academic, 58; fear of, 29, 95; of system, xiv, xvi
falsifying achievement, 42
family support, 108
federal courts, 154
federal regulations, 111–14
federal role in education, 14–15, 92, 112, 139, 141–45
Finn, Chester E., 66, 131, 169
Fletcher, Jack M., 22
flunking. See retentions
Ford, Gerald R., 24
foundational reading, 128
14th amendment to U.S. Constitution, 17, 154
fraternities, 126
frustration, feeling of, xvi–xvii
Fuchs, Douglas, 77–78
funding: competition for, 177–78; conservative views on, 106; disparities in, 105, 110–11; federal guarantee of, 110–11; inefficient spending of, 142; lack of, 11–12, 75, 102–15; liberal views on, 106; management of, 18, 101; review of, 107
Gabrieli, John, 37
gaps in achievement, 148. See also discrepancy gap
Garda, Robert, 151
general education: adequate instruction in, 7, 27, 39, 69; core instruction in, 64–68; failure of, 23; insufficient, 16; struggling learners in, 9, 41–43, 79–80, 159
gifted and talented programs, 177–78
Ginsburg, Ruth Bader, 162–63
Goldstein, Dana, 123
Gooding, Cuba, 103
governance of schools, 104
grade level gaps, 44
graduation diplomas, 47–49
Gray, Freddie, 89
Great Society crusade, 142
Hanushak, Eric A., 106
Hart, Betty, 33–34
Head Start program, 63
helplessness, feelings of, xv–xvi
high-performance schools, 65, 124, 145
high school bridge projects, 48–49
high school diplomas, 47–49
home environment, 32
Houston, Texas, 170
IDEA. See Individuals with Disabilities Education Act (IDEA)
identification process, 57, 62–64
ideology, 114–15
IEPs. See Individual Education Programs (IEPs)
improvement of instruction, 65, 101, 134
independent IEP facilitators, 168
independent proficiency, 88
independent skills, 50
Individual Education Programs (IEPs): appropriate instruction required by, 27; failure of, 146; goals for, 90; measurable goals, 82–85; parents as partners in, 19, 159–62; program modifications, 51; team meetings, xviii, 29, 89; tutoring added to, 5
individualized instruction, 67
Individuals with Disabilities Education Act (IDEA): amending, 147–53; classification of disabilities, 7; expediency prevailing over, 23; legal mandates of, 85; local districts ignoring, 141; loopholes in, 15, 34–39; 1997 amendments to, 26; procedural protections under, 159; requirements of, 22, 61–62; specially designed instruction required by, 28; 2004 amendments to, 26; unintended consequences of, 25
inequality of opportunity, 12, 104, 139, 158, 176, 179
inexperienced teachers, 127
inflation of achievement, 10, 42, 47, 94, 167
informal school policy, 32
innovation, 135
Inside Teaching (Kennedy), 122
Institute of Education Sciences, 77, 132
institutional attention deficit disorder, 134–36
institutional attitudes, 33
instructional materials, 124
intensive instruction, 71
international comparison of schools, 145
intervention process, 57, 62–64, 77. See also Response to Intervention (RTI)
Invisible Dyslexics, The (Hettleman), 33, 175
IQ, importance of, 33–36
It’s the Classroom, Stupid (Hettleman), 65, 114
“It Turns Out Spending More Probably Does Improve Education” (Carey and Harris), 106
jargon, technical, 160
Jerry Maguire (movie), 103
Johns Hopkins University, 66, 132
Kame’enui, Edward, 91–92
Kennedy, Edward, 143
Kennedy Krieger Institute, 161
kindergarten, 63
King, Jr., Martin Luther, xix
Kirwan, Brit, 108
Kirwan Commission, 69, 106–9, 121, 135, 179
Kozol, Jonathan, 104
labor agreements, 126
language impairments, 39
large scale programs, 73–74
lawsuits, 16–17, 139, 147, 153–56
laziness, 32
learned helplessness, 29
learning disabilities: co-morbidities, 40; increase in number of students with, 35; manipulation of definition, 34–35; misconceptions about, 32; neuroscience of, 37–38; statutory definition of, 37
Learning Disabilities (Fletcher), 38–39
learning styles, 66
Learning to Improve (Bryck), 127
least restrictive environment (LRE), 23
legal aid societies, 168
legal decisions, 86–88
LEP. See Limited English Proficiency (LEP)
lesson plans, 65
liberals, political, 18, 104–6, 114, 140–42, 158, 170, 176–78
Limited English Proficiency (LEP), 69
Linan-Thompson, Sylvia, 38
literacy: instruction, 63; lawsuits for denial of access to, 17; right to, 139, 153–56
local control of education, 14–15, 109–10, 121–24, 139–42. See also community control of education
local reforms, 141–45
local regulations, 111–14
low expectations, 13, 26, 31, 84, 87–88, 128, 157
LRE. See least restrictive environment (LRE)
Lyon, G. Reid, 22
mainly mislabeled students, xviii, 6–9, 27, 149–50, 171
mainstreaming, 23–24
malpractice, educational, 155–56
management failures, 102
management norms, 117–23
management training, 125–27
Manpower Demonstration Research Corporation, 132
Maryland, 39–40, 48, 70, 75–76, 92–93, 106–10, 162, 169, 179
Maryland Center for Developmental Disabilities, 161
Maryland Commission on Innovation and Excellence in Education. See Kirwan Commission
Maryland RTI Guidance Manual, 71–72
Maryland State Department of Education (MSDE), 75, 93, 169
Massachusetts, 141
math, RTI applications to, 59
McLaughlin, Margaret J., 15–16, 150–51
measurable goals, 82–84
mediation process, 161
mega-reforms, 65
mentors, 125
Michigan, 154
micro-management, 111–14
middle class parents, 164
mislabeling of students, xviii, 6–9, 27, 149–50, 171
mismanagement of instruction, 116–36
Mississippi, 110
mobilizing political power, 17–20, 140, 157–80
money. See funding
motivation, loss of, 29, 83, 95
MSDE. See Maryland State Department of Education (MSDE)
MTSS. See Multi-tier System of Support (MTSS)
multiple disabilities, 96
Multi-tier System of Support (MTSS), 59
NAEP. See National Assessment of Educational Progress (NAEP)
narrowing the gap policy, 93
NASET. See National Association of Special Education Teachers (NASET)
National Assessment of Educational Progress (NAEP), 43, 79–80
National Association of Special Education Teachers (NASET), 174
National Association of State Directors of Special Education, 85
National Center and State Collaborative (NCSC), 97
National Center on Education and the Economy (NCEE), 65, 124
National Center on Educational Outcomes, 8, 88
National Center on Learning Disabilities, 32, 40
National Commission on Excellence in Education, 142
National Council on Teacher Quality, 123, 128, 129
national curriculum, 66, 131–32
National Research Council Committee on the Prevention of Reading Difficulties in Young Children, 133
Nation at Risk, A (National Commission on Excellence in Education), 110, 142
NCEE. See National Center on Education and the Economy (NCEE)
NCLB. See No Child Left Behind Act (NCLB)
NCSC. See National Center and State Collaborative (NCSC)
needless suffering, xvi–xvii
negligence, 4
neuroscience, 37–38
new education federalism, 112
“New Life for Educational Malpractice” (Gray), 155
New York Times, 106
No Child Left Behind Act (NCLB), 14, 26, 48, 61, 85, 117–19, 142–43, 148, 169
no excuses culture, 177
non-profit organizations, 167–68
Obama, Barack, 92, 119, 135, 150
observations, classroom, 117
obstacles to reform, 11, 55–56, 179
Office of Special Education Programs, 78
one-to-one instruction, xii, 5, 60, 71. See also tutoring
One Year Plus policy, 90–97
online education, 135
opportunity, inequality of, 12, 104, 139, 158, 176, 179
Orfield, Gary, 144
organization charts, 125
other health impairments, 8, 39, 82, 152, 171
oversight of schools, 104
paper trail of communication, 166–67
paperwork, 117
parent centers, 166
parents: complaint procedures for, 166; conflicting priorities of, 177; consent of, 160; despair of, xv; disunity among, 171–74; dyslexia advocates, 175; empowering, 165; commercial guidebooks, 166; legal protections for, 158–59; lower income, 18–19; middle class, 164; mobilizing, 140, 157–80; notification of, 165; as partners, 159–61; poor, 164; restricting rights of, 169–70; rights of, 19, 159–61; role in educational reform, 17–19; RTI involvement, 165; socio-economic status of, 105; tips for, 166–68; wealthy, 163–64
parent-teacher associations (PTAs), 103
Payne, Charles M., 114–15
peer-reviewed research, 62
personalized learning, 67
personal relationships, 126
personnel evaluations, 117–18
Peter Principle, 123
Philadelphia, Pennsylvania, 43
phonics approach, 133
phonological processing, 36–38, 175
polarization, political, 114–15
policy guidance, 104
political action, 17–20, 140, 165, 168–79. See also call to action
political expediency, 135
political inequality, 158
political polarization, 114–15
Pondiscio, Robert, 124
positive behavior support systems, 59
pre-kindergarten, 63, 108, 177
preparation of teachers, 108
Prince George’s County, Maryland, 48
private schools, 114
privatization of schools, 65, 105, 114, 176
problem-solving approach, 73
problem-solving teams, 159
procedural protections, 159
professional autonomy, 117, 123–25
professional culture, 120
professional development, 130–31
professional organizations, 19–20
proficiency: independent, 88; percentage of students achieving, 43; as standard, 148
progress: exaggeration of, 10, 42, 47, 94, 167; standards for, 96–97
promotions to administrative offices, 123
proven practices, xii
psychological fallout, 157
psychological processing, 37–39
psychologists, school, 13, 32–33
PTAs. See parent-teacher associations (PTAs)
public defender advocates, 168
Public Education Leadership Project, 123
pupil support positions, 69
qualifications of tutors, 72
quality, teacher, 65
Quenemoen, Rachel, 91
race to the bottom, 119, 143–44, 169
random trials, 62
R&D. See research and development (R&D)
read-aloud accommodation, 50, 94
reading: assessments, 46; difficulties, 35; foundational, 128; instruction, 77, 128
redefining disability, 151
reforms: advocacy for, xvi–xviii; of curricula, 65–66; federal role in, 139–45; implementation of, 135; local, 141–45; mega-reforms, 65; movements, 20–21, 171; obstacles to, 179; possibility of, 13–17, 179; potential reformers, 170; revolving door of, 135; road to, 9–11; stalemated politics of, 139; state, 14–15, 141–45; system-wide, 163, 168–79; Tier 1 impacted by, 65; union support for, 178–79; urgency of, 164
remedial instruction, 91
replicating programs, 73–74
report cards, 47
Reschly, Daniel J., 38
research, educational, 62
research and development (R&D), 109, 132–34
research-based programs, 28, 60–70, 117, 128, 133. See also evidence-based best practices
resolution meetings, 161
Response to Intervention (RTI), 57–80; adequacy of, 108–10; applications to math, 59; as appropriate instruction, 27; as boondoggle, 76–78; components of, 10; denial about absence of, 74–76; extension of process, 39–40; federal guarantees of, 139; framework for assistance, xvi; implementation of, 74–79; lawsuits for failure to provide, 17; and learning disabilities, 78–79; necessity of, 39; obstacles to, 11, 55–56; for older students, 63; parental involvement in, 165; principal features of, 57; regulations, 78; Tier 1, 59–60, 64–68; Tier 2, 60, 68–70; Tier 3, 60, 68–70; tutoring as essential element of, 71–74, 108–10; waiting lists for, 79–80
“Response to Intervention: Ready or Not?” (Reynolds and Shaywitz), 78
results driven accountability, 150
review, of RTI process, 166
reviews of research, 132
rights: under IDEA, 83; without labels, 151; of parents, 169–70; reading as, 17, 153–56, 165; system-wide, 169
Risley, Todd R., 33–34
Roberts, John G., 87
Robinson, Brooks, 89
Rossiter, Caleb Stewart, 41, 47
Rothstein, Richard, 177
RTI. See Response to Intervention (RTI)
salaries, teacher, xvii, 108, 178
satisfaction with schools, 164
savage inequalities, 104
scandals, 170
scapegoating of teachers, 68
Schaffer v. Weast, 162
school-based management, 124
school boards, 112–13
school culture, 32
School Superintendents Association, 169
Science magazine, 37
screening instruments, 59–61
scribes, 50
segregation: racial, 142, 154–55; of special education, 6, 23, 151
Seidenberg, Mark, 127
self-help resources, 165
separate-but-equal schooling, 142
severe disabilities, xviii, 96–97, 152–53, 171. See also truly disabled students
Shaywitz, Sally E., 22, 36, 78
size of instructional group, 72
Slavin, Robert, 46, 49, 108–9, 132, 135
small group instruction, xii, 5, 60, 71–73
social class, 177
social connections, 126
social issues, 176
solo practitioners, educators as, 123–24
some benefit, meaning of term, 87
sororities, 126
special education, 81–97; abolition of, 151; associations of educators, 170; costs of, 25; dumping students into, 3, 9, 23–25; eligibility for, 4, 6, 22–28, 34, 60, 149, 153, 170; paperwork for, 117; portrayal of, xviii; reinvention of, 15–16, 146–56; scandals, 170; segregation of, 6, 23, 151; as short-term service, 42; stigma of, 6, 23, 151; struggling learners in, 10, 41, 43; under-preparation of teachers, 129–30
“Special Education” (Pasachoff), 160
Special Education Parents Response Unit, 169
specialization of teachers, 129
specially designed instruction, 23, 28, 56, 85, 89
specific learning disabilities, 4, 7–8, 24–28, 45, 146, 152, 171, 174
speech impairments, 39
staff shortages, 75
standard of care, educational, 155–56
standards, academic, 26, 51–52, 85, 96–97, 110, 119
standard treatment protocol, 73
Stanovich, Keith, 30–31
states: academic standards, 155; boards of education, 113; control of education, 110; courts, 154; departments of education, 120–21; devolution of power to, 120; funding systems, 105; reforms, 141–45; regulations, 111–14; rights, 144–45; role in reform, 14–15
Steiner, David, 66
Stevens, John Paul, 162
stigma of special education, 6, 23, 151
strategic early interventions, 63
strategy, disagreement on, 177
strengths and weaknesses method, 38–39
structural changes, xiii
struggling learners: adequate instruction of, 152; definition of, 5–6, 69–70; educational abuse of, 3; in general education, 9, 41–43, 79–80, 159; mislabeling of, 8–9; problems faced by, xi–xii; in special education, 9, 41–43
student/teacher ratios, 60, 69
“Study of Promotion/Retention Policies in Urban School Districts” (Hettleman), 46
superintendents, 134–35
supervision of teachers, 125
supplemental instruction, 31
supplementary aids and services, 51
support for teachers, 117, 127–34
supportive services, 69
Supreme Court, California, 155
Supreme Court, U.S., 86, 105, 141–42, 146, 154, 162, 173
system-wide reforms, xiv, 163, 168–79
targeted programs, 177
tax credits, 114
teachers: altruism, 122; care deeply and work tirelessly, 12; collegiality, 118, 122; day-to-day help for, 127; demoralization of, 68; desperation of, xv–xvi, 28–31, 37; evaluations of, 125–26; expediency, 9, 23; frontline, 13, 101; heroes, xvii; inexperienced, 127; job satisfaction, 178–79; on-the-job training, 117, 125–31; preparation of, 52, 108, 125–34; prescribed instruction, 73–75, 124; quality of, 65; salaries of, xvii, 108, 178; scapegoating of, 68; specialization, 129; supervision of, 125; support for, 117, 127–34; training of, 52, 125–34; unions, 19–20, 102–5, 114, 126, 140, 158, 176–79; working conditions, 12, 178–79
teachers colleges, 123–30
Teacher Wars, The (Goldstein), 123
Tennessee, 74–75
tests: cheating on, 52; curriculum-embedded, 167; grade level and, 46; as graduation requirements, 48; inflation of scores, 10, 42, 94, 119; for learning disabilities, 38–39; over-testing, 63, 143; resistance to, 144; standardized, 167; teacher-made, 167; varying, 110
textbooks, 65–66
thirty million word gap, 33–34
Thomas B. Fordham Institute, 126, 132
“Tiered Instructional Approach to Support Achievement for All Students, A” (MSDE), 75–76
time of tutoring sessions, 72
“Time to Make Special Education ‘Special’ Again” (Horn and Tynan), 25
Tinkering Toward Utopia (Tyack and Cuban), 135–36
tips for parents, 166–68
tools, teaching, 131–34
Too Simple to Fail (Bausell), 71
truly disabled students, xviii, 7–8, 150, 171. See also severe disabilities
Trump, Donald, 21, 92, 101, 144
tutoring, xii, 31, 60, 68–74, 108–10, 134. See also one-to-one instruction
tutor/student ratios, 72–73, 109
Tyack, David, 115
UDL. See Universal Design for Learning (UDL)
underachievement, 41–52
under-preparation of special education teachers, 129–30
unions, teacher, 19–20, 102–5, 114, 126, 140, 158, 176–79
unitary system, 151–52
Unitas, John, 89
United States, comparison of school system with other countries, 65–66
unity, lack of, 171–74
Universal Design for Learning (UDL), 67
unrealistic goals, 117, 135, 143
U.S. Department of Education, 96–97, 132, 149, 170, 179
U.S. Educational Innovation Index, 135
variation in human populations, xii
Vaughan, Sharon, 38
verbatim reading. See read-aloud accommodation
visiting classrooms, 167
waiting lists for RTI, 79–80
wait-to-fail approach, 36, 58, 78
Wall Street Journal, 120
“Want to Fix Education? Just Give a Kid a Tutor” (Smith), 71
Washington, D.C., 48
Washington Post, 120
waste, bureaucratic, 105
wealthy communities, 103, 163–64
What Works Clearinghouse, 132
“When Parents Aren’t Enough” (Phillips), 168
whole class instruction, 71
written notes, 166–67