This Comment explores many constitutional issues raised by recent federal assessment policies regarding students with disabilities. Part I summarizes the federal statutory scheme for funding and thereby regulating both public education and the assessment of students with disabilities. Part II discusses federal policy changes to assessment standards and the ambiguity these changes present. Part Ill examines potential constitutional issues raised by evolving federal assessment requirements under both spending power and federal coercion theories. Part IV proposes that states be relieved from traditional penalties for noncompliance to avoid any constitutional violation and to promote states as laboratories of ideas to meet students' needs. Finally, Part V concludes that relief from federal penalties strikes the appropriate balance between preserving the goal of school accountability and permitting local innovation.
Erin G. Frazor,
"No Child Left Behind" In Need of a New "Idea": A Flexible Approach to Alternate Assessment Requirements, 36 Golden Gate U. L. Rev.