NCLB Allows Alternative Assessment for Small Percentage of Students

In the December 9 Federal Register, the U.S. Department of Education announced the final rules and regulations for testing students with cognitive disabilities and how their scores will affect a school's "adequate yearly progress, " (AYP). NCLB not only requires that schools report on their performance as a whole, but also orders schools to disaggregate their data and account for the scores of numerous subgroups, including economically disadvantaged students, racial and ethnic groups, and students with disabilities.

Many education advocates have criticized NCLB's requirement that only one percent of a school's students may be exempt from the state's required assessments. During this past year, many districts were labeled as not meeting their AYP goals due to the performance of their special education students. Many of these students, performing below grade level, were required to take the same tests as their classmates and did not meet AYP. While some disability advocates argue that the required assessment provides school-level accountability, many are critical of the federal mandate which exempts only one percent of a school's students.

Due in part to the confusion and recent criticism of this aspect of NCLB, according to a recent Education Week article, the Department of Education will now permit schools to administer alternative assessments, including "out-of-level" tests, to one percent of their students. States that educate a large special education population with severe disabilities may also ask for permission from the federal government to give alternative tests to more than one percent. The Department has also released guidelines for the alternative assessments to be chosen by the states.

Prepared December 12, 2003.