Maintain students with disabilities as a distinct subgroup for AYP accountability.

The Commission report is silent on required subgroups, suggesting that it makes no recommendations for any changes to the subgroups in current law. It should be noted that the Commission recommends a new requirement that graduation rates be disaggregated by subgroup and that states have a graduation rate goal by subgroup, which will influence AYP.

Impose the use of one universal, statistically reliable N-size and confidence interval for all subgroups.

The Commission recommends that all states be required to use an N-size that is no larger than 20 students. In addition, the Commission recommends the use of a confidence interval no larger than 95 percent for use in calculating AYP for performance. Confidence intervals would not be allowed to be used in the growth model component of AYP.

Infuse Response to Intervention (RTI) throughout NCLB to improve access to early intervention, early identification and improved academic outcomes for all students.

The Commission report does not mention RTI. However, it does recommend the authorization of screenings and assessments in literacy and numeracy in preschool and kindergarten in Title I districts and recommends requiring schools "in need of improvement" to use such screening and assessment in preschool and kindergarten, or the earliest grade in the school. The Commission also recommends the reformulation of the current requirements for the improvement plan that must be developed by any school district "in need of improvement." These recommendations include the use of formative assessments, similar to the continuous progress monitoring component of RTI.

Re-examine the proposed "2 Percent" regulation that would disproportionately keep students with learning disabilities from taking grade-level assessments with accommodations.

The Commission recommends reducing the proposed "2 Percent" rule to 1 percent, thus essentially reducing by one half the number of students with disabilities whose scores can be counted as proficient or above on assessments based on modified achievement standards. Additionally, the Commission recommends rigorous requirements to ensure that decisions made regarding how a student will participate in NCLB assessments are supported by information and training for schools and parents.

Incorporate a growth model into the NCLB accountability system, which incorporates the same guidelines as established by the U.S. Department of Education for pilot programs.

The Commission report recommends incorporating a student growth factor into current AYP determination criteria. Students would be deemed as meeting proficiency if they were "on track" to becoming proficient within three years and, thus, included as "proficient" for purposes of calculating AYP. The Commission did not articulate the same guidelines for a growth model as those set forth by the U.S. Education Department in its requirements for pilot programs for states.