IDEA-PART B FINAL REGULATIONS* GENERAL STATE AND DISTRICT-WIDE
ASSESSMENTS (March 1999)
IDEA '97 Provisions on General Assessments in
Final Regs.
The statutory provisions on general State and district-wide
assessments from the IDEA Amendments of 1997 have been incorporated,
essentially verbatim, into the final Part B regulations. These
provisions require that the State must have on file with the
Secretary information to demonstrate that --
- Children with disabilities are included in general State and
district-wide assessment programs, with appropriate accommodations
and modifications in administration, if necessary; and
- As appropriate, the State or LEA –
- develops guidelines for the participation of children with
disabilities in alternate assessments for those children who
cannot participate in State and district-wide assessment
programs;
- develops alternate assessments; and
- beginning not later than July 1, 2000, conducts the
alternate assessments. (See §300.138.)
Reports Relating to Assessments. The Act and regulations
further provide that the SEA must make available to the public, and
report to the public "with the same frequency and in the same detail
as it reports on the assessment of nondisabled children..."
- On the number of children with disabilities participating in
both regular and alternate assessments; and
- On the performance results of these children –
- on regular assessments (not later than July 1, 1998),
and
- on alternate assessments (not later than July 1, 2000) -- if
doing so would be statistically sound and not violate the
confidentiality of individual children.
(See §300.139.)
Providing Aggregated and Disaggregated Data. The
regulations make it clear that the reports must include:
- aggregated data that include the performance of children with
disabilities with all other children, and
- disaggregated data on the performance of children with
disabilities (which must be disaggregated for assessments
conducted after July 1, 1998...) (See §300.139(c) and (d).)
Ensuring appropriate accommodations. IDEA '97 makes it
clear that students with disabilities must be included in State and
district-wide assessment programs, with appropriate accommodations
and modifications, where necessary. Thus, States and LEAs must
ensure that for children who need accommodations and modifications
in order to participate in a given assessment, those accommodations
and modifications are provided. Examples of possible accommodations
in test presentation, response mode, and setting, include -- oral
administration, large print, Braille version, individual and
separate room accommodations, extended time, and multiple test
sessions. The individualized determinations of whether a child will
participate in a particular assessment, and what accommodations, if
any, are appropriate should be addressed through the IEP process in
§300.347(a)(5).
Only Minimum Regulations Included on Assessment Programs.
Flexibility is allowed for States and LEAs to appropriately
include children with disabilities in State and district-wide
assessment programs, and only minimum regulations have been included
regarding how public agencies provide for the participation of these
children. The Department is working with State and local school
personnel, parents, experts in the field of assessment, and others
interested in the area of assessment to identify best practice that
could serve as the basis for a technical assistance document.
Importance of Research and Technical Assistance.
Effective implementation of the new statutory provisions on
general State and district-wide assessments is less an issue of
regulations, and more a matter of program administration that is
linked to the research and technical assistance efforts that the
Department has invested in thorough the IDEA discretionary
authorities. States and LEAs that need assistance in implementing
this provision are encouraged to contact the National Center for
Educational Outcomes (NCEO) [Dr. Jim Ysseldyke], University of
Minnesota, 350 Elliott Hall, Minneapolis, Minnesota 55455
(Telephone: 612-626-1530), or their regional resource
centers.
* On October 22, 1997, a Notice of Proposed Rulemaking (NPRM) was
published in the Federal Register to amend the
regulations under Part B of the Individuals with Disabilities
Education Act (IDEA). The purposes of the NPRM were to implement
changes made by the IDEA Amendments of 1997, and make other changes
that facilitate the implementation of Part B. The changes made since
the NPRM are based mainly on public comments
received. |