ECS
From the ECS State Policy Database
2005 State Policies / Activities

Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

The following summary includes policies enacted in 2005. This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. To view the documents, click on the blue triangle next to the topic of interest. To view all, press the button located at the top labeled "Expand All."

Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].

State Status/Date Level Summary
+ Accountability
+ Accountability--Accreditation
+ Accountability--Measures/Indicators
+ Accountability--Reporting Results
+ Accountability--Rewards
+ Accountability--Sanctions/Interventions
+ Accountability--Sanctions/Interventions--No Pass No Drive
+ Accountability--Sanctions/Interventions--Takeovers
+ Accountability--School Improvement
+ Adult Basic Education
+ Assessment
- Assessment--Accommodations
GAAdopted 12/2005P-12Establishes "variance" procedure for a student not eligible for waiver (not rendered incapable of passing a section of the GHSGT or the
GHSWT due to a disability or substantial hardship) to demonstrate proficiency on Georgia High School Graduation Tests (GHSGT) and the Georgia
High School Writing Test (GHSWT). Requires every district to develop a process for notifying students and parents or guardians of the procedures related to the application and granting of waivers and variances. Requires a local superintendent, upon receipt of a waiver or variance request, to certify that the student has met minimum eligibility criteria. Establishes requirements for district transmission of waiver and variance requests to the state superintendent. Establishes state board procedures for the approval of waiver and variance requests. Requires variance requests to the state board to include a statement describing opportunities provided by the school to assist the student in preparing for the test(s), including remediation classes, tutoring sessions, etc., and the participation of the student in such activities.

Authorizes the state board, by a majority vote, to grant a variance to students who satisfy all of the following requirements:
(i) The student has passed any three of the five graduation tests (four content sections of the GHSGT and the GHSWT);
(ii) The student has met the attendance and course unit requirements for graduation as described in State Board of Education Rule 160-4-2-.47 High School Graduation Requirements for Students Enrolling in the Ninth Grade for the First Time in the 2002-03 School Year and Subsequent Years;
(iii) The student has a 90% or better attendance record, excluding excused absences, while enrolled in grades 9-12;
(iv) The student has obtained a scale score that falls within one standard error of measurement (SEM) for passing the relevant section of the GHSGT or GHSWT. The SEM shall be applied to the student's highest score achieved over multiple administration; and
(v) The student has successfully passed each of the End-of-Course Tests (EOCT) related to the sections of the GHSGT or the GHSWT in which the variance is being sought.

http://www.doe.k12.ga.us/_documents/doe/legalservices/proposed/pr160-1-3-.09.pdf
Title: GAC 160-1-3-.09
Source: Lexis-Nexis/StateNet, www.doe.k12.ga.us

LAAdopted 12/2005P-12Revises high stakes testing policy for students with disabilities to meet federal requirements.
Page 39 of 106: http://www.doa.state.la.us/osr/reg/0512/0512RUL.pdf
Title: LAC 28:XXXIX.503 and 1301
Source: Lexis-Nexis/StateNet, www.doa.state.la.us

LAAdopted 12/2005P-12Establishes guidelines for the participation of students with disabilities in alternate assessments who cannot participate in regular assessment.
Page 38 of 106: http://www.doa.state.la.us/osr/reg/0512/0512RUL.pdf
Title: LAC 28:XCVII.901-907
Source: www.doa.state.la.us/osr, Lexis-Nexis/StateNet

LAAdopted 12/2005P-12Allows the Superintendent of Education to waive the final component of the General Education Exam for student with disabilities if the Department of Education determines that the student's disability significantly impacts their ability to pass the final required component.
Page 6 of 106: http://www.doa.state.la.us/osr/reg/0512/0512RUL.pdf
AGENCY CONTACT: Nina A Ford, Board of Elementary and Secondary Education, Box 94064, Capitol Station, Baton Rouge, LA 70804-9064
Title: LAC 28: CXV.2319
Source: Lexis-Nexis/StateNet,

LAAdopted 11/2005P-12Amends the accountability system calculations to take advantage of new flexibility in guidance for No Child Left Behind and address situations that were not considered when the accountability policy was initially written.
§305. Calculating the CRT Index
§509. Inclusion of Alternate Assessment Results in Accountability Reporting
§703. Inclusion of Students in the Subgroup Component
§3901. Assessment of Students with Disabilities
§3903. LEAP Alternate Assessment Participation Criteria
AGENCY CONTACT: Nina A Ford, Board of Elementary and Secondary Education, Box 94064, Capitol Station, Baton Rouge, LA 70804-9064
http://www.doa.state.la.us/osr/reg/0511/0511RUL.pdf
Title: LAC 28:LXXXIII.305, 509, 703, 3901-3905
Source: Lexis-Nexis/StateNet and www.doa.state.la.us/osr

WVAdopted 11/2005P-12WEST VIRGINIA 4765, SUMMARY:  Amends rules relating to alternate academic achievement standards for West Virginia schools.
EFFECTIVE DATE: 12/14/2005
Title: Title 126, Series 44P
Source: Lexis-Nexis/StateNet

CASigned into law 10/2005P-12This bill would require a pupil identified as limited English proficient who is enrolled in any of grades 2 to 11, and who either receives instruction in his or her primary language or has been enrolled in a school in the United States for less than 12 months, to take a test in his or
her primary language if a test is available. This bill also would require the Superintendent of Public Instruction, with the approval of the State Board of Education, to annually release to the public at least 25% of test items from the standards-based achievement test from the test administered in the previous year.

Title: S.B. 755
Source: StateNet

CAVetoed 10/2005P-12This bill would require a pupil to take achievement tests in his or her primary language, if the pupil is identified as limited English proficient, and is either literate in his or her primary language or receives instruction in his or her primary language. The bill would require a pupil who is LEP, but for whom an achievement test in his or her primary language is not available, to instead take an achievement test in English that is modified in order to eliminate unnecessary linguistic complexity. The bill would require a LEP pupil who has attended a school in the United States for at least 3 consecutive years to take an additional achievement test in English that is modified in order to eliminate unnecessary linguistic complexity. The bill would require the State Department of Education to develop a primary language assessment in the dominant primary language of limited-English-proficient pupils.

Title: S.B. 385
Source: StateNet

GAAdopted 07/2005P-12Clarifies rules regarding testing programs and student assessment. Clarifies assessment participation requirements for English language learners, students with disabilities, students in each grade K-8, and students taking the Georgia High School Graduation Tests, as well as staff development opportunities on use of assessments in the instructional program. http://www.doe.k12.ga.us/_documents/doe/legalservices/160-3-1-.07.pdf
Title: GAC 160-3-1-.07
Source: www.doe.k12.ga.us

IDTemporary Rule Adoption - Concurrently Proposed 06/2005P-12Proposes rules regarding the Limited English Proficient (LEP) students. Sets forth rules for LEP students to take an alternate Standard Achievement Test.
Title: IDAPA 08.02.03
Source: StateNet

LASigned into law 06/2005P-12AN ACT To amend and reenact R.S. 17:24.4(F)(3), relative to alternative assessments for students with certain disabilities. Requires that, in addition to the alternate assessment accommodations for students with significant cognitive disabilities, the department of education must by September 2005 develop modified achievement standards and use alternative assessments to accommodate those students with persistent academic disabilities but who are likely to make significant progress.

Requires assessments for these students to be sensitive to measuring progress in their learning, to recognize their individual needs, and be
geared specifically toward accommodating students to enable them to perform on criterion- and norm-referenced tests. Requires such accommodations to include at a minimum verbalized test questions and to provide for writing assistance of a scribe and any other accommodations deemed appropriate by the student's Individual Education Plan committee. States that any accommodations afforded a student with disabilities while taking the state test shall not breach any test security nor invalidate the meaning of the test score or the purpose of the test. Further requires, at each IEP meeting, that a written list of accommodations be discussed and provided to the parent of each student with a disability. http://www.legis.state.la.us/billdata/streamdocument.asp?did=319039
Title: S.B. 214
Source: http://www.legis.state.la.us

COSigned into law 05/2005P-12Provides that if, as part of a student's individual educational program (IEP), a student attends part-time a school or program away from the school where the student is enrolled, the district in which a student is enrolled may designate either the school of residency or the school of attendance as the school to which the student's scores will be assigned to calculate school academic performance ratings.

Requires the department to conduct a study of the administration of assessments for students with an IEP who are not eligible to take the CSAP-A (alternate assessment for students with most severe disabilities). Requires the study to examine and evaluate:
(a) THE EFFECT OF THE ADMINISTRATION OF ASSESSMENTS ON STUDENTS WITH INDIVIDUAL EDUCATIONAL PROGRAMS WHO ARE NOT ELIGIBLE TO TAKE THE CSAP-A ASSESSMENT, INCLUDING BUT NOT LIMITED TO THE EFFECT ON STUDENTS WHO ARE DEEMED UNABLE TO COMPLETE THE ASSESSMENT;
(b) WHETHER, FOR STUDENTS WITH AN INDIVIDUAL EDUCATION PROGRAM WHO ARE NOT ELIGIBLE FOR THE CSAP-A ASSESSMENT, IT WOULD BE APPROPRIATE TO DESIGNATE IN A STUDENT'S INDIVIDUAL EDUCATIONAL PROGRAM THE GRADE OR GRADES OF THE CSAP ASSESSMENTS THAT THE STUDENT SHOULD BE ADMINISTERED.
(c) THE NEED FOR SCHOOL DISTRICTS TO BE HELD ACCOUNTABLE FOR TEACHING STATE CONTENT STANDARDS TO STUDENTS WITH INDIVIDUAL EDUCATIONAL PROGRAMS WHO ARE NOT ELIGIBLE TO TAKE THE CSAP-A ASSESSMENT;
(d) THE EFFECT OF BOTH INCLUDING AND NOT INCLUDING THE SCORES OF STUDENTS WITH INDIVIDUAL EDUCATIONAL PROGRAMS WHO ARE NOT ELIGIBLE TO TAKE THE CSAP-A ASSESSMENT IN THE CALCULATIONS OF SCHOOL PERFORMANCE RATINGS PURSUANT TO SECTION 22-7-604;
(e) A SURVEY OF THE TYPES OF ASSESSMENTS USED BY OTHER STATES IN ASSESSING STUDENTS WHO ARE COMPARABLE TO STUDENTS IN THIS STATE WHO HAVE INDIVIDUAL EDUCATIONAL PROGRAMS WHO ARE NOT ELIGIBLE TO TAKE THE CSAP-A ASSESSMENT, WHETHER OTHER STATES USE THOSE ASSESSMENT SCORES IN CALCULATING SCHOOL PERFORMANCE RATINGS, WHETHER THE ASSESSMENTS ALIGN WITH THE STATE MODEL CONTENT STANDARDS ADOPTED PURSUANT TO SECTION 22-7-406, AND WHETHER THE ASSESSMENTS HAVE BEEN, OR WOULD LIKELY BE, APPROVED BY THE FEDERAL DEPARTMENT OF EDUCATION; AND
(f) FEDERAL CONSTITUTIONAL, LEGAL, AND REGULATORY ISSUES SURROUNDING THE ASSESSMENT OF STUDENTS WITH INDIVIDUAL EDUCATIONAL PROGRAMS WHO ARE NOT ELIGIBLE TO TAKE THE CSAP-A ASSESSMENT AND HOW FEDERAL FUNDING OF PUBLIC SCHOOLS MAY BE IMPACTED BY ADMINISTERING SUCH ASSESSMENTS.

Provides for the creation of a bipartisan study committee to work with the department in conducting the aforementioned study. Requires the department to present its findings to the state board of education and the legislature by December 31, 2005.

http://www.leg.state.co.us/Clics2005a/csl.nsf/fsbillcont3/AD6330E65A2E85AB87256F5C007F6625?Open&file=1246_enr.pdf
Title: H.B. 1246
Source: www.leg.state.co.us

MSRule Adoption 05/2005P-12Provides that the information contained within the Guidelines for Testing Students with Disabilities and the Guidelines for Educational Services and Assessement for English Language Learners and any subsequent updates shall apply to all public school personnel who are responsible for the implementation of the Statewide Assessment System. MISSISSIPPI REG 9605 (SN)
Title: IIB-3
Source: StateNet

OKSigned into law 05/2005P-12Section 4 creates the Achieving Classroom Excellence Task Force. The purpose of the task force is to study the testing requirements for eighth-grade students and high school students. The task force is to study, hold public hearings, and make recommendations regarding eighth grade and high school students on:

1. Subjects to be included for demonstration of mastery;

2. Additional end-of-instruction tests to be developed;

3. Benchmarks and cut scores for assessments;

4. Optional methods to demonstrate subject matter mastery;

5. Alternatives for English language learners and special needs students;

6. Exceptions that may be needed;

7. Intervention strategies;

8. Remediation options;

9. Consequences for students;

10. Review of other states' experiences;

11. Development of an action plan to implement recommendations;

12. Information to provide to teachers, parents and students, that will emphasize this initiative as a tool to improve student success; and

13. Funding necessary to implement recommendations.
http://www2.lsb.state.ok.us/2005-06SB/sb982_enr.rtf
Title: S.B. 982, Section 4
Source:

AZSigned into law 04/2005P-12States that a student with an individualized education program (IEP) is not required to earn a passing score on a competency test required for high school graduation unless the student is learning at a level appropriate for the student's grade level in a specific academic area and unless the student's IEP as agreed upon by the student's parents and the IEP team or the student if 18 or older, requires passing scores on a competency test. Requires the competency test to be administered to the student in a manner in keeping with the student's IEP and requires schools to make specific and appropriate accommodations on the test for students with IEPs. Makes similar provisions for a student with a section 504 plan. States that a student with an IEP or a section 504 plan who graduates from high school but is not required to achieve a passing score on a competency test to graduate must receive a standard diploma.

Requires the IEP team to indicate in the IEP the student's requirements for high school graduation, including provisions for testing and testing accommodations.

Requires the state board to adopt guidelines to define a parent's or guardian's role or pupil's role if the pupil is at least 18 years old, in the development of a student's section 504 plan, including testing and testing accommodations.
http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=1352
Title: S.B. 1352
Source: www.azleg.state.az.us

+ Assessment--Computer Based
+ Assessment--End-of-Course
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