Educators and special education students keep producing minor miracles with higher test scores, but the federal government keeps issuing failing notices because of unrealistic expectations. Meanwhile, state lawmakers ignore the extraordinary measures schools are taking with special education students, which forces schools to divert special levy funds from their intended purpose.

These two forces have thrust special education students into the spotlight, which makes their parents and advocates uncomfortable. Whatever happens, we hope schools will still be able to build upon their impressive gains with this student population.

The problem begins with statewide assessments – the Washington Assessment of Student Learning and the Idaho Standard Achievement Test. These tests determine whether states are meeting the goals set by the federal No Child Left Behind Act.

The feds treat special education students the same as the rest. That’s a nice thought, but it ignores the fact some special education students have serious mental and physical disabilities. And it ignores the effect that has on an entire school’s standing. States have been able to negotiate some relief from the federal standards, but they remain arbitrary and unfair.

For instance, in the 2002-03 school year, if a Washington state school had less than 30 members of any subgroup (e.g., special education, Hispanic, African American) all of the scores for that group could be tossed out. (If one subgroup fails, the entire school is tagged with the Needs Improvement label.) Last year, the subgroup bar was placed at 40 members. So, Central Valley High School, with 39 special education students, passed federal muster because it didn’t have to count those scores. But University High School was deemed failing, because not enough of its 50 special education students passed the test.

The leading cause of schools in Washington and Idaho not passing federal muster is special education scores. Perversely, this fact obscures impressive gains and forces schools to spend a lot of money on that subgroup.

District 81 tapped $4.3 million in levy funds for special education services last year and the district estimates the total will reach $5 million by 2006. That’s money that is taken away from enrichment programs for other students.

To stop the bleeding, District 81 is joining other school districts in suing the state for more basic education dollars. It has no choice if its schools are expected to meet the ridiculous 100 percent pass rate for all subgroups by 2014.

We don’t blame districts for seeking the money, but some of the funding pressure could be relieved if the federal guidelines were rewritten. They are unattainable no matter how much money is spent, and they don’t acknowledge actual improvement.