History
The No Child Left Behind Act, signed into law on January 8, 2002, (PL 107-110) is a major rewrite of the Elementary and Secondary Education Act with the emphasis on accountability for results. Requirements apply to all schools that receive federal Title 1 money for any program, but sanctions are limited to students served by Title 1 of NCLB.
Goal: to have all children proficient in reading and math by the 2013-14 school year.
Process:
- States set the standards, establish tests to measure the standards, and determine the rate at which schools are moving towards the goal of proficiency.
- Students are tested in reading and math each year in grades 3 through 8 and once during grades 10-12.
- At least 95% of students in each grade and each subgroup must be assessed.
- Scores of 4 subgroups: low income, minority, limited English proficient, and students with disabilities served under IDEA are disaggregated
- States are allowed to set an "N" - a number that (1) would yield reliable data that can be compared from year to year; (2) is small enough to ensure that large numbers of students and schools are not excluded from accountability; and (3) ensures that individual students cannot be identified.
- The AYP, adequate yearly progress, is measured based on the results of state tests and one additional academic indicator such as attendance rate or graduation rate (High school)
- A school in which students in a subgroup fail to meet the Adequate Yearly Progress (AYP) goal is found to be in need of improvement with the following exceptions:
- A school is found to meet AYP if it reduces the number of students in the subgroup failing to meet the AYP goals by 10% (the safe harbor provision)
- The scores of students with significant cognitive disabilities who are found proficient on alternate assessments based on alternate standards count towards AYP. This exception is limited to up to 1% of the total population tested and includes students who pass out of level tests.
- The scores of students with "persistent academic disabilities" served under IDEA who are found proficient on alternate assessments based on modified achievement standards count towards AYP under NCLB. The exception is limited to up to 2% of the total population tested.
- Title 1 students in schools which are in need of improvement for two consecutive years may transfer to a school which has met AYP.
- Title 1 students in schools which are in need of improvement for three consecutive years may receive supplemental educational services.
ASSESSMENT OPTIONS FOR STUDENTS WITH DISABILITIES
- Regular Assessment on Grade Level Academic Content
- Regular Assessment with Appropriate Accommodations on Grade Level Academic Content
- Alternate Assessment on Grade Level Academic Content
- Alternate Assessment on Modified Achievement Standards (2%)
- Alternate Assessment on Alternate Achievement Standards (1%)
THE 2% FLEXIBILITY - CONCERNS OF THE CCD EDUCATION TASK FORCE
- This policy should not be implemented until final regulations are issued.
- This policy should not be implemented until the knowledge base to support it is in place.
- The Department should provide and disseminate acceptable and scientifically validated assessment instruments; provide training and technical assistance; and inform schools that nothing in this new policy allows schools to limit access to the general curriculum.
- Teachers, parents and other IEP team members should be trained to make appropriate and responsible decisions about what type of assessment is appropriate for each student.
- The term "persistent academic disabilities" should be discarded.
- The Department should give clear guidance about the length of time a student will be assessed under modified achievement standards.
- The Department must clarify how states and districts will be monitored to ensure that the policy is being administered appropriately.
DEPARTMENT'S GUIDELINES
New Special Ed Guidelines and Common Sense NCLB Policy
Eligible states can adjust their 2005-06 school year AYP (adequate yearly progress) goals based on 2004-05 NCLB if:
- At least 95% of students with disabilities participate in statewide tests for the purposes of calculating adequate yearly progress (AYP).
- Appropriate accommodations are available for students with disabilities
- Alternate assessments in reading/language arts and mathematics are available for students with disabilities who are unable to participate in the regular assessment, even with accommodations, and results from those assessments must be reported.
- The state's subgroup size (N) for students with disabilities is equal to that of other student groups.
While the term "persistent academic disabilities" is no longer used, alternate assessments and modified achievement standards still are not defined. In addition, in the guideline on "Adequate Yearly Progress and Modified Achievement Standards: Interim State Policy Options", Option #2 states that "Out-of level assessments do not qualify as assessments based on modified achievement standards for this purpose."
STATES' RESPONSES
Forty one states applied for flexibility.
A number of states increased their "N" to reduce accountability.
Several school districts are allowed to provide supplemental services before offering transfers.
CHIEF STATE SCHOOL OFFICERS (CSSO) REPORT
CSSO (Chief State School Officers) reported that requests for waivers that were "consistently not approved," as of August 2004, were:
- Using out-of-level testing results in AYP calculations, except when such practice is within the 1-percent cap requirements.
- Limiting "in need of improvement" to schools that miss AYP for two consecutive years in the same content area and student subgroup.
REFERENCES
IDEA AND NCLB: The Intersection of Access and Outcomes: A Joint Project of NEA and NASDSE
Executive Summary of NCSL (National Council of State Legislators) Task Force on No Child Left Behind Report 2/23/05 www.ncsl.org/programs/press/2005/NCLB_exec_summary.htm
Can Teachers Measure Up? A U.S. News and World Report 9/12/05
On the 2% Policy 5/10/05 - Press release - http://www.ed.gov/news/pressreleases/2005/05/05102005.html
Flexibility for States Raising Achievement for Students with Disabilities: http://www.ed.gov/news/pressreleases/2005/05/05102005.html
Accountability for Students with Disabilities: Accountability Plan Amendments for 2004-05:
http://www.ed.gov/policy/elsec/guid/raising/disab-acctplan.html
On Changing the N
AYP Rules Miss Many in Special Education: More Students Left Out of Accountability Ratings - Education Week - Vol. 25, Issue 04, Pages 1, 24-25, 9/21/05
December 2005 |
