New Rules on Special Ed. Scores Help Schools Meet NCLB Targets

Federal '2 percent' rule lets states fare better on adequate progress.

Since the federal No Child Left Behind Act became law in early 2002, the U.S. Department of Education has acknowledged that at least some special education students may not be able to reach proficiency on grade-level tests.

In 2003, federal regulations permitted states to develop alternative achievement standards to measure the progress of students with the most significant cognitive disabilities. At least some scores from such tests can be counted as “proficient” when calculating adequate yearly progress, or AYP, as long as they do not exceed 1 percent of all students in the grades tested.

But states complained that the rule did not address students with moderate disabilities who also may be unable to reach grade-level standards, even with intensive instruction. So in May of this year, Secretary of Education Margaret Spellings unveiled what is known as...