Special Education

Final Rules Offer Greater Testing Flexibility

By Christina A. Samuels — April 10, 2007 4 min read
  • Save to favorites
  • Print

The Department of Education released final regulations last week to guide the creation of tests for students in special education who are capable of learning grade-level content, but not as quickly as their peers.

The only options now available for such students are to take the general assessments given to all students, which may be too difficult, or tests intended for students with significant cognitive impairments, which are too easy. The new tests will allow a more accurate assessment of what this middle group of students knows and how best to teach them, Deputy Secretary of Education Raymond J. Simon said.

With such tests, some schools and districts that previously had not made adequate yearly progress under the No Child Left Behind Act might do so. Under the regulations, states and districts can count the proficient and advanced scores of students who take “alternate assessments based on modified achievement standards” for the purposes of determining AYP under the law, as long as those tests don’t exceed 2 percent of all students assessed. Two percent of all students equals about 20 percent of students with disabilities. The Education Department also allows up to 1 percent of all students in a state—equivalent to 10 percent of students with disabilities—to take a different type of alternate assessment and be counted as proficient for purposes of AYP. Those tests, which are the ones used with students with significant cognitive impairments, are less complex and comprehensive.

Federal regulations on assessments for students with disabilities are posted by the U.S. Department of Education. (Requires Microsoft Word) Also, view more information on the new regulations, including a fact sheet.

The 2 percent testing flexibility was first announced in April 2005, with draft regulations released in December 2005. In the meantime, states have been allowed to use a mathematical model to adjust their scores as if the policy were already in place. That flexibility will be allowed for AYP calculations for the 2006-07 school year, but after this school year, if states want to continue using the model, they have to enter into a partnership with the Education Department to develop the “2 percent” tests, Mr. Simon said.

“We believe a state that has not done anything so far should be able to do what we ask them to do over the next two school years,” Mr. Simon said during an April 4 teleconference with reporters. “Only those who participate with us in a meaningful way” can use the mathematical model, he said.

Content Important

The final regulations, like the draft version, also make clear that out-of-level assessments would not be appropriate for students in special education. So, a 6th grader who reads at a 3rd grade level would not be allowed to take a test intended for younger students.

“The reason we’re taking that position here is we’re really trying to emphasize the importance of students’ getting access to grade-level content,” said Kerri L. Briggs, the acting assistant secretary for planning, evaluation, and policy at the Education Department.

However, the tests can still be easier than the tests given to the general student population, while reflecting grade-level content. Examples of changes in the tests include offering three choices on a multiple-choice test, instead of four; using math manipulatives to illustrate test answers; and allowing students to receive test questions in spoken words or pictures, in addition to print.

Some states already have begun offering such assessments, Mr. Simon said. Though those tests haven’t gone through the department’s peer-review process, he said they could be used as a starting point for other states as they consider their own tests.

The department plans to launch an effort to help states as they create the tests, including $21.1 million in grant money for technical assistance, a meeting with the states scheduled for July, and monthly teleconferences.

Many organizations were taking time to digest the final regulations. The Council for Exceptional Children, an Arlington, Va.-based association for educators of students with disabilities, offered “cautious approval” of the regulations in a press release.

“While the modified academic-achievement standards are a step in the right direction, CEC believes we have not yet reached our goals for providing appropriate assessments for students with disabilities, and including those scores in the accountability system,” said the group’s statement.

The organization said it supports the regulatory provisions that give states two years to develop the tests, provide federal money to help states with test development, and allow students with disabilities to take the tests more than once, with their highest scores counting for AYP purposes.

Ricki Sabia, the associate director of the national-policy center for the National Down Syndrome Society in New York said that the regulations offer some needed safeguards. For instance, she believes the rules make it clear that access to the alternate tests is decided one subject at a time. So, a student who needs an alternate assessment based on modified standards in mathematics could possibly take a general assessment in another subject.

But the regulations don’t offer guidance on how to identify students who need such alternatives, a shortcoming that Ms. Sabia believes could lead to overidentification of students for the tests.

“It’s still not clear who these kids are,” she said.

A version of this article appeared in the April 11, 2007 edition of Education Week as Final Rules Offer Greater Testing Flexibility

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
Artificial Intelligence Webinar
Managing AI in Schools: Practical Strategies for Districts
How should districts govern AI in schools? Learn practical strategies for policies, safety, transparency, and responsible adoption.
Content provided by Lightspeed Systems
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
Student Absenteeism Webinar
Removing Transportation and Attendance Barriers for Homeless Youth
Join us to see how districts around the country are supporting vulnerable students, including those covered under the McKinney–Vento Act.
Content provided by HopSkipDrive
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
Reading & Literacy Webinar
Two Jobs, One Classroom: Strengthening Decoding While Teaching Grade-Level Text
Discover practical, research-informed practices that drive real reading growth without sacrificing grade-level learning.
Content provided by EPS Learning

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 Inside a K-12 District’s Plan for a Charter School for Students With Autism
A specialized charter school will serve a fast-growing segment of a Texas school district's student body.
6 min read
Superintendent Roosevelt Nivens speaks after being announced as AASA National Superintendent of the Year in Nashville, Tenn. on Feb. 12, 2026.
Roosevelt Nivens, superintendent of the Lamar Consolidated Independent school district in Texas, speaks after being named superintendent of the year by AASA in Nashville, Tenn. on Feb. 12, 2026. The district Nivens leads will open a new charter school for students with autism in the 2026-27 school year.
Kaylee Domzalski/Education Week
Special Education Spotlight Spotlight on Moving From Awareness to Engagement for Neurodiverse And Autistic Students
See how schools can better support neurodiverse and autistic students, addressing barriers, elevating strengths, and building more inclusive classrooms for all.
Special Education Letter to the Editor AI Isn’t the Real Threat to Special Education
Educators must leverage the tool to improve the field, writes an advocate.
1 min read
Education Week opinion letters submissions
Gwen Keraval for Education Week
Special Education Investigation Finds 'Shocking Overuse' of Seclusion and Restraint in This District
Restraint and seclusion should not be used in routine school discipline, the Justice Department says.
5 min read
Image of students in isolation in artistic manner with red evocative color and shadows.
Laura Baker/Education Week & Getty