Oregon Court Victory

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B A C K G R O U N D _ C O L O R

Oregon court victory for dyslexic pupils

We receive many e-mails from parents in Oregon complaining about the lack of provision for dyslexic children in their schools. It is re-assuring to hear now of a significant decision allowing Oregon youngsters with dyslexia and other learning disabilities to use computerized spell-checks and other help on statewide tests under a settlement announced on February 1st 01.

The settlement with a group of Oregon parents who sued the state will affect fewer than 4,000 students, said Wayne Neuburger, Oregon's associate superintendent for assessment and education. However, it could provide guidelines for other states considering additional help for learning-disabled students when they take standardized tests.

Many states have made, or are considering, tests as a graduation requirement.

``These recommendations have national importance. It's not just for Oregon,'' said Susan Vogel, a Northern Illinois University professor who was on a four-person panel that recommended the settlement.

Under the settlement, students with dyslexia will be able to use computers or word processors with a spell-check feature. Some students may be allowed to use calculators. In some cases, the tests will be read aloud to youngsters by a helper, and some youngsters will be allowed to recite their answers into a machine. Currently, learning-disabled youngsters are often given extra time to complete the tests.

Parents filed the federal lawsuit against the state Education Board in 1999,claiming Oregon's standardized tests violate the Americans with Disabilities Act and hurt Oregon children with learning disabilities.

``The failure rate on these was very high, and a lot of the kids we represent are really bright,'' said Jeffrey Foote, a lawyer for the parents. ``In addition, it was causing a tremendous emotional toll.''

The lawsuit targeted tests administered to children in grades 3, 5, 8 and 10, covering a wide range of topics, including reading, writing, math and science. Students who fail have trouble enrolling in Oregon's public universities.

Lawyers for the parents said 95 percent of disabled Oregon students who took the most recent round of tests failed, compared with a 70 percent failure rate among students without disabilities. Critics say many students were at a disadvantage because the tests are heavily weighted toward spelling and punctuation.

This decision must be good news for dyslexic children in Oregon and goods news for dyslexic youngsters in other states (and other countries) which follow suit.

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