Home ::
A change in the way the U.S. Department of Education (USDE) enforces the No Child Left Behind law was announced on April 7, 2005, and will allow more freedom in how some special education students are tested, as long as the state can prove progress or a strong commitment to improve.
The new policy allows 2 percent of students who are not severely disabled but who have not been able to reach grade level because of disabilities (sometimes referred to as “gap” students) to be tested with an alternative assessment and still have their scores count as proficient under the federal accountability plan that determines the state’s Adequate Yearly Progress (AYP) rating. This is in addition to current NCLB policy that allows 1 percent of students with the most significant cognitive disabilities to take an alternative assessment and have the scores count as proficient under the federal accountability plan. This change means that 3 percent of all students or roughly 30 percent of all children with disabilities will be allowed to be tested on standards geared for them. Specifics of the policies are detailed below.
New Policy: States may develop modified academic achievement standards and use these as a basis for an alternate assessment for students with persistent academic disabilities served under the Individuals with Disabilities Education Act. Proficient scores from these assessments may be used by states when making AYP decisions, but the scores will be capped at 2 percent of the total tested population. Individualized education program (IEP) teams will decide which individual students should take such an assessment.
Continued Policy: States may continue to use alternate assessments based on alternate achievement standards for students with the most significant cognitive disabilities. States may continue to include proficient scores from such assessments in making AYP decisions and those scores will still be capped at 1 percent of the total tested population. Proficiency for all other students above the 1 percent and 2 percent cap will be measured against grade-level achievement standards. IEP teams will continue making the decision about which individual students should take such an assessment.
To implement the new policy for students with persistent academic disabilities, states must develop modified achievement standards and improved alternate assessments as well as agree to several activities related to assessment, accountability, professional development and training for IEP team members and teachers. The USDE anticipates that most states will be able to develop modified achievement standards and assessments based on those standards by 2005-06 or (at the latest) 2006-07.
While the USDE works to complete final regulations on modified achievement standards, eligible states may implement this policy according to USDE interim guidelines that provide additional alternatives and flexibility. These short-term options will allow eligible states additional flexibility when making AYP decisions for students with disabilities for the 2005-06 school year based on assessments administered during the 2004-05 school year. The eligible states that currently assess students based on modified achievement standards (including Texas) will be able to use those assessments for AYP calculations this year. To obtain this flexibility, states will need to submit a request to the USDE to amend their accountability plan and provide details on actions taken to raise achievement for students with disabilities and evidence that such efforts are improving student achievement. Additional information on the guidelines and the NCLB law is available on the USDE Web site.
