The reauthorization of IDEA in 2004 revised the statute to align with the requirements of the No Child Left Behind Act (NCLB). NCLB allows financial incentives to states who improve their special education services and services for all students. States who do not improve must refund these incentives to the federal government, allow parents choice of schools for their children, and abide by other provisions. Some states are still reluctant to educate special education students and seek remedies through the courts. However, IDEA and NCLB are still the laws of the land to date.
In looking to align NCLB and the 2004 reauthorization of IDEA there are a few key areas of alignment: requirement of highly qualified teachers, establishment of goals for students with special needs and assessment levels for these students. The alignment of NCLB and IDEA requires that all special education teachers be highly qualified. While the standards for being highly qualified may differ between state or school district the minimum requirements are that a teacher holds a bachelor's degree from a four-year college, is certified and licensed to teach by the state and has taken the necessary tests to indicate competency in one's subject area, although special education teachers are often exempt from such testing. These requirements for highly qualified teachers do not always exist for private schools, elementary or secondary. Next, goals and assessments must be provided that align with students' educational needs. A state is allowed to develop alternate or modified assessments for students in special education programs but benchmarks and progress must still be met on these tests that indicate adequate yearly progress (AYP). In addition, these goals and assessments must be aligned similarly to students enrolled in general education. Finally, in order to make AYP schools may additionally require that schools met state standards of student retention, in terms of dropout rates and graduate rates for their special education students.