Every Student Succeeds Act

Ed. Dept. Policing ESSA Rule Involving Testing, Special Education

By Christina A. Samuels — April 24, 2018 2 min read
  • Save to favorites
  • Print

The U.S. Department of Education has started informing a small group of states that they will have to make changes to the way they test students with severe cognitive disabilities, because of accountability changes brought about by the Every Student Succeeds Act.

Federal law permits students with the most severe cognitive disabilities to take an alternate assessment aligned to alternate achievement standards. Under the No Child Left Behind Act, the predecessor to the Every Student Succeeds Act, that assessment could be in the form of a portfolio, or collection of student work. But ESSA states that student assessments for accountability can only “be partially delivered in the form of portfolios, projects, or extended performance tasks,” meaning that states relying solely on portfolios have to make a change.

Officials at the U.S. Department of Education said that only a few state education agencies are expected to be affected by the requirement, and that so far, Georgia and Puerto Rico have been notified that they will have to change their testing procedures.

Allison Timberlake, Georgia’s deputy superintendent for assessment and accountability, said the state is reviewing the law and regulations but doesn’t anticipate a problem. The state is developing a new alternate assessment that will require students to perform standardized tasks, rather than relying solely on teachers collecting evidence of student performance.

“As we develop the new alternate assessment, we will review it to ensure it meets all federal requirements,” Timberlake said.

The issue was raised through a separate assessment peer-review process handled by the Education Department’s office of elementary and secondary education. That office uses peer review to ensure that each state’s assessments meet the law’s requirements. A state that does not meet ESSA’s rules must submit a plan and a timeline it will follow to bring its tests into compliance.

Portfolio Assessments on Decline

Portfolio assessments were more popular when the NCLB law first passed, said Sheryl Lazarus, the co-director of a federally financed center that helps states craft inclusive practices for students with significant disabilities.

But “there always has been a concern about measurement issues and how accurate [the portfolio] really is,” she said.

Facing those concerns about accurate measurement and rigor, most states switched to standardized tests for students with severe cognitive disabilities. Many chose tests produced by the National Center and State Collaborative (now called the Multi-State Alternate Assessment) and Dynamic Learning Maps. Those two organizations received federal funds to create alternate assessments aligned to the Common Core State Standards.

ESSA has also made a change in how many students can be given such tests. The NCLB law stated that no more than 1 percent of tested students could be counted as proficient using an alternate assessment. It placed no cap on the percentage of students who could take such tests.

In contrast, ESSA states that no more than 1 percent of a state’s students can be given an alternate assessment.

Related Tags:

A version of this article appeared in the April 25, 2018 edition of Education Week as Ed. Dept. Policing ESSA Assessment Rule on Special Education

Events

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
Hidden Costs of Special Ed Vacancies: Solutions for Your District
When provider vacancies hit, students feel it first. Hear what district leaders are doing to keep IEP-related services on track.
Content provided by Huddle Up
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
Privacy & Security Webinar
How Technology Is Reshaping Childhood
How do we protect kids online while embracing innovation? Learn about navigating safety, privacy, and opportunity in the Digital Age.
Content provided by Connect x Protect
Budget & Finance Webinar Creative Approaches to K-12 Budget Realities
What are districts prioritizing in 2026? New survey data reveals emerging K-12 budgeting trends.

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

Every Student Succeeds Act Trump Admin. OK's Another State's Ask for School Funding Leeway
The Ed. Dept. granted a second request to combine portions of four federal grants into one fund.
5 min read
Students attend a 5th grade math class at Lafargue Elementary School in Effie, Louisiana, on Friday, August 22. The state has implemented new professional development requirements for math teachers in grades 4-8 to help improve student achievement and address learning gaps.
Students attend a 5th grade math class in Effie, La., on Aug. 22, 2025. Louisiana has secured new flexibility from the U.S. Department of Education to spend a portion of its federal funds on statewide school improvement activities. It's the second such waiver from Every Student Succeeds Act rules the department has granted under the Trump administration.
Kathleen Flynn for Education Week
Every Student Succeeds Act These States Want to Move Away From a 'College for All' Approach to Testing
Two states have pitched changes to their high school assessments to emphasize workforce preparation.
7 min read
The Plumbing department, located in the school's well-equipped shop facility, alongside other trades including masonry and carpentry.
The plumbing department in a New Jersey technology high school. As the Trump administration invites states to request waivers from federal school accountability requirements, two have proposed changes that would emphasize career-oriented tests as opposed to more traditional academic knowledge tests.
Oliver Farshi for Education Week
Every Student Succeeds Act These Factors Make a School More Likely to Be Labeled Failing
Schools that educate large numbers of students of color and low-income children are most at risk.
4 min read
Classroom supplies are seen in a classroom in Bowie, Md., on Aug. 15, 2025. Equity sticks are a system the teacher uses to call on students by randomly assigned number.
A new report from the U.S. Government Accountability Office examines the factors that make it more or less likely a school will be labeled underperforming.
Kevin Mohatt for Education Week
Every Student Succeeds Act See Which States Want Ed. Dept.'s OK to Change Testing, Federal School Funding
States are seeking potentially significant changes to implementation of the Every Student Succeeds Act.
1 min read
State stamps coming apart on a data textured background
Vanessa Solis/Education Week + Getty