ED Announces New Regs To Accurately Assess Students with Disabilities
- New Regulations to Accurately Assess Students with Disabilities
John H. Hager, assistant secretary of the Office of Special
Education and Rehabilitative Services (OSERS), is pleased to share
with you recently announced regulations for more accurately
assessing students with disabilities.
Last Wednesday, Secretary of Education Margaret Spellings
announced new regulations under No Child Left Behind (NCLB)
allowing states to test certain students with disabilities using
an alternate assessment that more appropriately aligns with their
needs and yields more meaningful results for schools and parents.
The new regulations provide states and schools with greater
flexibility by allowing them to more accurately evaluate the
students' academic progress and tailor instruction based on their
"Through No Child Left Behind, we're continuing to raise the bar
and improve the way we educate and assess students with
disabilities," Secretary Spellings said. "These students are
capable of achieving high academic standards, and now states and
schools can be better attuned to their needs. No Child Left Behind
has put the needs of students with disabilities front and center,
and this regulation helps continue to drive the field forward in
developing better tests for students with disabilities."
Secretary Spellings also announced that the U.S. Department of
Education will provide $21.1 million in grant funds for technical
assistance as states develop new assessments for students with
disabilities. The Department also released written guidance to
states on the implementation of the new regulations, offering
recommendations on issues such as how students with disabilities
can be appropriately identified for this assessment.
Under the new regulations, states may develop modified academic
achievement standards based on grade-level contentand alternate
assessments based on those standardsfor students with
disabilities who are capable of achieving high standards but may
not reach grade level in the same timeframe as their peers. States
may count proficient and advanced test scores on these alternate
assessments for up to 2.0 percent (approximately 20 percent of
students with disabilities) of all students assessed when
calculating adequate yearly progress (AYP) under NCLB. These
regulations build on the flexibility provided for students with
the most significant cognitive disabilities, which allows states
to count up to 1.0 percent of proficient and advanced assessment
scores based on alternate achievement standards toward AYP
The fact sheet, Measuring the Achievement of Students With
Disabilities, provides helpful information about the 2 percent
The 2 Percent Regulations are available on the Department's Website
Note: The official version of the 2 Percent Regulations is the
document published in the Federal Register on April 9, 2007.
John H. Hager
Office of Special Education and Rehabilitative Services U.S.
Department of EducationSandy, Illinois (alpy2@...)
Volunteer Co-Webmaster, www.ourchildrenleftbehind.com (IDEA reauthorization)
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