On April 9, 2007, the U.S. Department of Education (ED) announced a new regulation pertaining to the assessment of students with disabilities under No Child Left Behind (NCLB). The new regulation allows states to develop modified academic achievement standards and to use the results of assessments based on those standards for certain students with disabilities when making adequate yearly progress (AYP) determinations, with certain limitations.

The National Center for Learning Disabilities has prepared this brief overview of several key issues related to the new policy.

Q: Must all students with disabilities take the assessments required under No Child Left Behind?

A: Yes. The new policy announced by ED does not exempt ANY students from the assessments required under NCLB, including those with disabilities. NCLB requires annual testing of all students in grades 3 through 8. In addition, high school students must be assessed once during grades 10-12. Students must be tested in reading/language arts and math. Beginning in school year 2007-2008, all students must also be assessed in science once during grades 3-5, once during grades 6-9, and once during grades 10-12.

Q: What does the new regulation provide?

A: The April 9, 2007 regulation provides states with the option to develop alternate assessments based on modified academic achievement standards for students who are eligible for services under the Individuals with Disabilities Education Act (IDEA). In other words, the students who may be assessed using this alternate assessment option must already be students receiving special education services outlined in an Individualized Education Program (IEP).

According to ED, this new assessment option is for "a small group of students with disabilities who can make significant progress, but who may not reach grade-level achievement in the time frame covered by their IEP." (Source: U.S. Department of Education, Modified Academic Achievement Standards Non-Regulatory Guidance, April 2007, pg. 12) States are not required to develop such an assessment; however, states must ensure that all students with disabilities are included in assessments required by NCLB.

While the new regulation does not limit the number of IDEA students who can take alternate assessments based on modified achievement standards, it does cap the number of proficient and advanced scores from such assessments at 2 percent of all students in the grades assessed that can be counted for purpose of making adequate yearly progress (AYP) determinations at the district and state levels.

According to ED, 2 percent of the students in grades assessed translates to roughly 20 percent of students with disabilities nationally, although there is great variability among the states.

Q: What are modified academic achievement standards?

A: According to the new regulation, modified academic achievement standards must be aligned with a state's academic content standards for the grade in which a student is enrolled. The modified achievement standards must be challenging for those students who will be assessed in this manner, but may be less difficult than the grade-level achievement standards.

Q: What other assessment options are available to students with disabilities?

A: In addition to alternate assessments based on modified academic achievement standards established by the April 9, 2007 regulation, students with disabilities may also be assessed using an alternate assessment based on grade-level academic achievement standards or an alternate assessment based on alternate achievement standards. The later assessment is reserved for students with the most significant cognitive disabilities and states who choose to offer this assessment must limit the advanced and proficient scores used for AYP determination to 1 percent of all students in the grades assessed. Note: Districts and states may use additional advanced and proficient scores on alternate assessments based on modified achievement standards if students assessed with alternate assessments based on alternate achievement standards is below 1 percent of all students in the grades assessed, as long as the total does not exceed 3 percent - roughly 30 percent of students with disabilities. For example, a state or district may have .5 percent of its students take alternate assessments on alternate achievement standards and 2.5 percent take the alternate assessments based on modified academic achievement standards.

Q: What is the difference between alternate assessments based on modified academic achievement standards and those based on alternate achievement standards?

A: The achievement expectations for modified academic achievement standards are less difficult than grade-level achievement standards, but more demanding than alternate achievement standards. Modified achievement standards must be based on the state’s grade-level content standards for the grade in which the student is enrolled and represent understanding of grade-level content. Alternate achievement standards are based on a very limited sample of content that is linked to grade-level content and may include substantially simplified content.

Q: How is the decision made regarding which assessment option will be used to assess students with disabilities under No Child Left Behind?

A: The student's Individualized Education Program (IEP) team will make the decision about which type of assessment the student should take, as well as decisions about the need for any appropriate accommodations. Decisions about how a student will participate in the state's accountability system are made on a student-by-student, assessment-by-assessment and year-by-year basis. For example, a student may need an alternate assessment based on modified achievement standards in the area of reading but be able to participate in the general assessment in the area of math, or need to take an alternate assessment based on modified achievement standards in grade 3 and then, because of substantial progress, can take the general assessment in grade 4.

According to ED, such decisions must be based on objective evidence demonstrating that the student's disability has precluded the student from achieving grade-level proficiency. The decision must not be made on the basis of the student's disability category or educational placement. Assessment option decisions should be reviewed annually, as should accommodation decisions.

For those students whose IEP Team determines that the student should take an alternate assessment based on modified academic achievement standards, the team must develop annual IEP goals based on grade-level content standards.

In the case of a student who takes an alternate assessment, the student's IEP must include a statement of why the student cannot participate in the regular assessment (with appropriate accommodations, as necessary) and the particular alternate assessment selected.

Q: Will alternate assessments based on modified academic achievement standards be available in all states?

A: The new assessment option is available to states, but states are not required to offer it. States that choose to utilize the alternate assessment based on the modified achievement standards option will be required to provide the U.S. Department of Education with evidence that they are meeting several specific conditions and agree to engage in activities related to assessment, accountability, professional development and training for IEP team members and teachers. In addition, ED has made federal funds available to states to assist in the development of both alternate assessments based on modified and alternate academic achievement standards.

Q: When does the new assessment option go into effect?

A: The availability of the new assessment option will vary by state. Some states have already developed assessments that satisfy many of the requirements of this new option, while others have not begun to develop such assessments. According to ED, most states should be able to develop these assessments by the 2008-2009 school year (at the latest) if they chose to offer such assessments.

Additional information on assessment options for students with disabilities is available in NCLD's Parent Advocacy Brief, Understanding Assessment Options for IDEA-eligible Students.