Special Education

Plan Would Codify Several Rules Adopted To Ease Testing of Students With Disabilities

By Christina A. Samuels — August 31, 2007 2 min read
  • Save to favorites
  • Print

Special education advocacy groups offered a mixed assessment of the effect a draft proposal for reauthorizing the No Child Left Behind Act would have on students with disabilities.

Several provisions in the “staff discussion draft” released by the House Committee on Education and Labor on Aug. 28 would codify policies that the Bush administration put into effect through regulations. One such policy allows the state test scores of as many as 2 percent of all students—about 20 percent of students with disabilities—who take modified assessments to be counted as proficient under the law’s provisions on academic progress.

See Also

Read the accompanying story,

Draft Bill Heats Up NCLB-Renewal Debate

The draft would also codify an existing regulation that allows the scores of 1 percent of all students who take “alternate” assessments based on alternative standards to be counted as proficient. That provision is intended for students with severe cognitive disabilities, and would be equivalent to about 10 percent of students with disabilities.

The Department of Education crafted those regulations in response to calls from the states for more flexibility in how special education students are tested.

Nancy Reder, the director of governmental relations for the National Association of State Directors of Special Education in Alexandria, Va., said her organization supported the move to make the testing policies a permanent part of the NCLB law.

“We need to have high expectations for students with disabilities, but we also need to have an element of realism,” she said.

Sunset Provision

However, Candace Cortiella, the director of the Marshall, Va.-based Advocacy Institute, which develops projects and services for people with disabilities, said she was disappointed to see the testing flexibility in the draft. The flexibility allows too many students with disabilities to take easier tests than those given their peers in general education, she believes.

The draft plan also would allow some districts to count as proficient the scores on modified assessments for up to 3 percent of their student populations, or roughly 30 percent of students with disabilities.

That provision would mean that up to 40 percent of students with disabilities in some districts could be counted as proficient, even if they were taking a test different from the one given to students in general education.

The expansion from 2 percent to 3 percent for some districts has a sunset provision, though, that would end it at the close of the 2009-10 school year.

“It is confusing. If it’s only good for a couple of years, why would you do it?” Ms. Cortiella said.

The draft bill would also cap “N-sizes” at 30 students. N-size refers to the minimum subgroup size that counts toward schools’ and districts’ accountability under NCLB. A larger N-size means that it is less likely that a school will have to report test results for a particular subgroup. States’ current N-sizes range from five to 75.

Dan Blair, a senior director for the Council for Exceptional Children, a professional group for special educators based in Arlington, Va., said his group supports the cap.

Events

Artificial Intelligence Live Online Discussion A Seat at the Table: AI Could Be Your Thought Partner
How can educators prepare young people for an AI-powered workplace? Join our discussion on using AI as a cognitive companion.
Student Well-Being & Movement K-12 Essentials Forum How Schools Are Teaching Students Life Skills
Join this free virtual event to explore creative ways schools have found to seamlessly integrate teaching life skills into the school day.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Special Education Webinar
Bridging the Math Gap: What’s New in Dyscalculia Identification, Instruction & State Action
Discover the latest dyscalculia research insights, state-level policy trends, and classroom strategies to make math more accessible for all.
Content provided by TouchMath

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Special Education Leader To Learn From How Nashville Dismantled Segregated Classrooms for Students With Disabilities
Nashville overhauled special education to prioritize inclusion, and changed school culture.
8 min read
NASHVILLE, TENNESSEE - JANUARY 14: Debra McAdams, Executive Director, Department of Exceptional Education at Metropolitan Nashville Public Schools visits Isaiah T. Creswell Middle School Of The Arts in Nashville.
Debra McAdams, executive director of the department of exceptional education at Metropolitan Nashville Public Schools, visits Isaiah T. Creswell Middle School of the Arts in Nashville, Tenn., on Jan. 14, 2026.
Brett Carlsen for Education Week
Special Education Q&A Why Inclusive Classrooms Benefit Every Student, Not Just Those With Disabilities
Inclusive practices improve outcomes for all students and require deep system change.
5 min read
NASHVILLE, TENNESSEE - JANUARY 14: Debra McAdams, Executive Director, Department of Exceptional Education at Metropolitan Nashville Public Schools visits Isaiah T. Creswell Middle School Of The Arts in Nashville.
Debra McAdams, executive director of the department of exceptional education at Metropolitan Nashville Public Schools, visits Isaiah T. Creswell Middle School of the Arts in Nashville, Tenn., on Jan. 14, 2026.
Brett Carlsen for Education Week
Special Education 4 Barriers to Giving Students With Disabilities the Tools They Need to Thrive
Assistive technology can help students with disabilities, but schools face challenges using it to its full potential.
5 min read
Kristen Ponce, speech language pathologist, uses Canva and the built in AI software to help her students.
Assistive technologies can be high or low tech, but teachers need help deploying them to match students with disabilities' particular needs. A speech language pathologist in Kansas City, Mo., uses an ed-tech program and its built in AI software to help her students on May 1, 2024.
Doug Barrett for Education Week
Special Education A Missed Opportunity in SEL: Centering Students With Disabilities
Students with learning differences are not always considered in the design or implementation of SEL programs.
7 min read
A “zones of regulation” sign decorates the door of a classroom at Ruby Bridges Elementary School in Woodinville, Wash., on April 2, 2024.
A sign asking children to identify their feelings decorates the door of a classroom at an elementary school in Woodinville, Wash., on April 2, 2024. Experts say schools should design social-emotional-learning curricula and programming with the needs of students with disabilities at the forefront.
Meron Menghistab for Education Week