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.
Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].
| State |
Status/Date |
Level |
Summary |
|
 CA | Signed into law 08/2012 | P-12 | Delays until Class of 2016 the implementation of alternative means for students with disabilites to demonstrate achievement of standards as required for high school exit exam (i.e., extends exemption of students with disabilities from exit exam requirement). Authorizes the state board, by regulation, to extend the July 1, 2015, date by up to one year. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1701-1750/ab_1705_bill_20120827_chaptered.pdf
Title: A.B. 1705
Source: www.leginfo.ca.gov
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| TX | Adopted 05/2012 | P-12 | From Texas Register: Repeals §101.3001 and §101.3003 and adopts new §§101.3011 and 101.3021-101.3024, concerning implementation of testing program.
Adopted new 101.3011, Implementation and Administration of Academic Content Area Assessment Instruments, retains provisions from repealed rule, §101.3001, for the implementation of the Texas Education Code (TEC), §39.023(a), (b), (c), (l), and any further testing required due to federal law. Also includes provisions that allow the continued use of the Texas Assessment of Knowledge and Skills (TAKS) in Grades 10 and 11 and provisions for making available certain assessments in an alternative form. Specifies that the implementation date for the 15% course grade requirement begins in the 2012-2013 school year.
Adopted new §101.3021, Required Participation in Academic Content Area Assessments and Course Grading, stipulates that a student first entering Grade 9 in the 2011-2012 school year or thereafter is required to meet the end-of-course (EOC) requirements in the TEC, §39.025. Districts are required to institute a policy where a result on the applicable EOC assessment accounts for 15% of a student's final course grade beginning in the 2012-2013 school year. Also addresses the following requirements:
--To receive a diploma, a student receiving high school course credit through credit by examination or by participating in a dual-credit course or distance-learning course must still meet the EOC assessment requirements for the student's high school graduation program.
--A student receiving course credit by participation in a dual-credit or distance-learning course, or through an advanced placement or International Baccalaureate course, is subject to the 15% course grade requirement beginning in the 2012-2013 school year.
--Students are not subject to the 15% course grade requirement if course credit is received through credit by examination. The 15% course grade requirement does not apply for certain eligible English language learners and students receiving special education services who take an alternate or modified form of an EOC assessment.
Also specifies those students who are not required to take certain EOC assessments due to completion of a course for high school credit prior to the 2011-2012 spring administration for a course for which an EOC assessment would normally apply.
Adopted new §101.3022, Assessment and Cumulative Score Requirements for the Minimum, Recommended, and Distinguished Achievement High School Programs, specifies the assessment and cumulative score requirements for the minimum high school program (MHSP), the recommended high school program (RHSP), and the distinguished achievement high school program (DAP). If a student on the MHSP is enrolled in a course that is not specified by the curriculum requirements as listed in 19 TAC Chapter 74 for the MHSP program, the student's score on the EOC assessment for that course may count toward the cumulative score requirement for the content area at the student's discretion. Students on the RHSP and DAP must take all 12 EOC assessments to receive a Texas diploma. Further, students on the RHSP must also achieve satisfactory performance on Algebra II and English III EOC assessments, and students on the DAP must achieve the advanced standard on Algebra II and English III EOC assessments. The standard in place when a student first takes an EOC assessment is the standard that will be maintained throughout the student's school career for that content area.
Adopted new §101.3023, Participation, Graduation Assessment, and Cumulative Score Requirements for Students Receiving Special Education Services, specifies:
--The admission, review, and dismissal (ARD) committee determines if a student receiving special education services will need to meet satisfactory performance on an EOC assessment and the cumulative score requirements for purposes of graduation. Beginning with the 2011-2012 school year, all Grades 9-12 students with significant cognitive disabilities who are assessed with an alternate assessment as specified in the student's individualized education program (IEP) will be assessed using alternate versions of EOC assessments.
--A student receiving special education services and who is first enrolled in Grade 9 or below in the 2011-2012 school year will be administered a modified version of an EOC assessment instrument as required by the student's IEP.
--If a student receiving special education services is administered an alternate or modified form of an EOC assessment, the 15% course grade requirement of the TEC, §39.023(c), will not apply and a cumulative score will not be reported for alternative or modified assessments.
--If a student receiving special education services is enrolled in a course for which there is an EOC assessment but no corresponding modified or alternate version of that assessment, the student is not required to take an assessment for that course. However, if a student who is receiving special education services is administered a general education EOC assessment as listed in the TEC, §39.023(c), the 15% course grade requirement will apply beginning in the 2012-2013 school year and a cumulative score will be reported for the student.
Adopted new §101.3024, Assessment Requirements for Students First Enrolled in Grade 9 Prior to 2011-2012 School Year or First Enrolled in Grade 10 or Above in 2011-2012 School Year, retains provisions from repealed rule, §101.3003, to specify the assessment graduation requirements needed to achieve a Texas high school diploma. The new rule also specifies that the TAKS-Modified assessments will continue to be the assessment requirement for a student receiving special education services who is enrolled above Grade 9 in the 2011-2012 school year and for whom an IEP specifies that the student will take a modified version of an assessment.
Adopted as published in the March 2, 2012 Texas Register (pages 22-25 of 40): http://www.sos.state.tx.us/texreg/pdf/backview/0302/0302prop.pdf
Title: 19 TAC 101.3001, 3003, 3011, 3021, 3022, 3023, 3024
Source: www.sos.state.tx.us
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| CA | Adopted 04/2012 | P-12 | Adopts emergency regulation to extend to January 1, 2013 deadline for state board to implement regulations providing for an "alternative means" high school exit examination for students with disabilities. Pages 20-21 of 28: http://www.oal.ca.gov/res/docs/pdf/notice/14z-2012.pdf
Title: 5 CA ADC 1216.1
Source: www.oal.ca.gov
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| TX | Adopted 12/2011 | P-12 | Repeals and readopts numerous sections concerning the participation of limited English proficient students in state assessments, to reflect changes to the state assessment program beginning with the implementation of the State of Texas Assessments of Academic Readiness (STAAR) in the 2011-12 school year. From Texas Register: In the 2011-2012 school year, STAAR will be administered statewide to students in Grades 3-8 and to students first entering Grade 9. §§101.1001, 101.1003, 101.1007, 101.1021, 101.1023, and 101.1025 are adopted as published in the September 30, 2011 Texas Register (pp. 64-67 of 149: http://www.sos.state.tx.us/texreg/pdf/backview/0930/0930prop.pdf). 101.1005 adopted as published in the December 16, 2011 Texas Register (pp. 27-28 of 63: http://www.sos.state.tx.us/texreg/pdf/backview/1216/1216adop.pdf).
New Division 1, Assessments of English Language Proficiency and Academic Content for English Language Learners, includes English language learner (ELL) assessment provisions for the new STAAR program and retains provisions from current rules for the ongoing state-administered English language proficiency assessments, the Texas English Language Proficiency Assessment System (TELPAS).
New §101.1001, Scope of Rules, defines which students are impacted by the provisions of Division 1.
New §101.1003, English Language Proficiency Assessments, specifies testing requirements for TELPAS. Continues current TELPAS participation provisions for ELLs, including ELLs who receive special education services, and outlines the roles of the language proficiency assessment committee (LPAC) and admission, review and dismissal (ARD) committee in making TELPAS participation and accommodation decisions.
New §101.1005, Assessments of Achievement in Academic Content Areas and Courses, outlines the roles of the LPAC and ARD committees in making ELL participation and accommodation decisions for the STAAR program. Delineates provisions for the participation of ELLs in STAAR assessments in English, STAAR assessments in Spanish, linguistically accommodated English versions of STAAR, and alternative STAAR assessments designed for eligible students who receive special education services. Does not provide for exempting ELLs from STAAR assessments, but ensures that academic performance data are available to evaluate the achievement, progress and needs of all ELL students. New §101.1005(h) specifies that separate policies for including the academic performance of ELLs in state and federal accountability measures will take into account the unique second language acquisition developmental needs of this student population.
New §101.1007, Assessment Provisions for Graduation, makes allowances for eligible ELLs related to the use of English I and II STAAR end-of-course assessment scores in meeting high school graduation requirements. New §101.1007(b) specifies that an ELL enrolled in an English I or II course or an English for Speakers of Other Languages I or II course who meets specific eligibility criteria related to time in U.S. schools and level of English language proficiency is not required to use the score on the applicable English I or II assessment as part of the cumulative score for graduation; have the assessment score count as 15% of the student's final grade in the course; or retake the assessment if the student passes the course but fails to achieve the minimum score on the assessment. The provisions of adopted new §101.1007 acknowledge the unique circumstances of a specific group of second language learners whose engagement with high school English I and II course material, due to their limited time in the U.S., depends on instructional scaffolding and linguistic accommodations and adaptations that cannot be provided during standardized English I and II end-of-course assessment administrations. Specifies that these students will not be permitted exemptions from the English I and II assessments, as participation in these assessments gives them experience and provides information to educators that can be used to guide their instruction and ultimately prepare them for the English III end-of-course assessment. Prevents eligible ELLs from retaking English I and II assessments repeatedly and from the consequences of inappropriately applying standardized test scores to their course grades. During the time these students are taking English I and English II and functioning at the inherent stages of learning a new language, they can be expected to perform unsatisfactorily on standardized tests though they may meet course requirements with appropriately scaffolded and accommodated instruction. For this unique group of students, the provisions in new §101.1007 enable determinations about readiness to graduate from Texas high schools to be based, with regard to the English language arts discipline, on the level of English acquisition and associated language arts knowledge and skills the students demonstrate on the culminating English III assessment.
New Division 2 (§101.1021, .1023, .1025), Grade 10 and Exit-Level Assessments for Certain English Language Learners, addresses the participation of ELLs in the Texas Assessment of Knowledge and Skills (TAKS) tests that remain in effect for high school students who entered Grade 9 prior to the 2011-12 school year. Specifies the ELLs for whom TAKS is the required assessment program and reinstates the applicable provisions from repealed rules. New rules in Division 2 apply only to students for whom TAKS is the graduation requirement and only to the administration of Grade 10 and exit-level TAKS assessments. (No substantive changes were made to provisions retained in new §101.1023, English Language Learners at the Exit Level, and §101.1025, English Language Learners in Grade 10.)
Title: 19 TAC 101.1001, 1003, 1005, 1007, 1009, 1010, 1011, 1021, 1023, 1025
Source: www.sos.state.tx.us
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| CA | Vetoed 10/2011 | P-12 | From bill summary: Requires California's assessments to be valid, reliable, and comparable for pupils who are limited English proficient and for pupils with developmental disabilities. Requires any primary language assessment developed by the state department of education and administered to limited-English-proficient pupils, as identified pursuant to existing law, to be considered for inclusion in the state's assessment system, or in any successor system, and in any measure or index developed or used for the state's federal and state accountability system and any successor system. Requires any successor system to the state's assessment system adopted on or after the effective date of this act to include accommodations and variations for limited-English-proficient pupils, as determined by the superintendent of public instruction. Requires any existing advisory committee, work group, task force, or technical assistance group operating on or after July 1, 2012, and that is either required by the legislature or governor, or established by the superintendent or the state board of education, to provide recommendations to the superintendent and the state board on state or federal assessment or accountability systems, to provide to the superintendent and the state board additional recommendations relating to systems of assessment and accountability. Bill text: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0501-0550/ab_532_bill_20110909_enrolled.pdf
Governor's veto message: http://gov.ca.gov/docs/AB_532_Veto_Message.pdf
Title: A.B. 532
Source: www.leginfo.ca.gov
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| WA | Signed into law 04/2011 | P-12 | Requires the office of the superintendent of public instruction to continue to actively collaborate with teachers
and directors of special education programs in the development and implementation of a process to transition from the current
portfolio system of assessment of students with significant cognitive challenges to a performance task-based alternative
assessment system based on state standards.Effective 90 days after 2011 legislative adjournment. Effective 07/22/2011.
http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/Session%20Law%202011/1519-S2.SL.pdf
Title: H.B. 1519
Source: http://apps.leg.wa.gov
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| CA | Vetoed 09/2010 | P-12 | From bill summary: Requires that any primary language assessment developed by the department and administered to limited English proficient students, as identified pursuant to existing law, on or after July 1, 2013, be included in the state's assessment system or any successor system, and in the state's federal and state accountability system and any successor system. Requires the results of the primary language assessment to be used in any successor measure or results reported for the state's assessment systems and in any other successor measure. Also requirse the results to be used in any measure, index or results reported for the state's federal and state accountability system, or any successor system. Identifies the accommodations and modifications for English language learners that must be included in any successor system to the state assessment system adopted on or after July 1, 2013
Provides these provisions would become operative on July 1, 2013. Bill text: http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0901-0950/sb_930_bill_20100827_enrolled.pdf
Governor's veto message: http://dl5.activatedirect.com/fs/distribution:letterFile/yvcee9xanplikz_files/z65dmak883loy0/0/0?&_c=d|yvcee9xanplikz|z65p1zm6c0d0km&_ce=1290123755.b9c0c7a073748e62e8692973710bbfd4
Title: S.B. 930
Source: www.leginfo.ca.gov
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| MS | Signed into law 04/2010 | P-12 | Requires local school districts to use certain accommodations to preserve integrity and validity of student assessment test.
http://billstatus.ls.state.ms.us/documents/2010/pdf/HB/0600-0699/HB0631SG.pdf
Title: H.B. 631
Source: http://billstatus.ls.state.ms.us
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| VA | Signed into law 02/2010 | P-12 | Requires the Board of Education to conduct an audit of any school division that utilizes the Virginia Grade Level Alternative assessment instrument, in grades three through eight, for more than three percent of its students with disabilities population in those grades in any given school year.
http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HB304ER+pdf
Title: H.B. 304
Source: http://leg1.state.va.us
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| NY | Adopted 01/2010 | P-12 | Amends section 100.5 to extend the Regents Competency Test (RCT) safety net provision for an additional year, thereby allowing students with disabilities who first enter grade 9 prior to September 2011 and who fail one or more of the required Regents exams to instead meet testing requirements for the local diploma by passing the corresponding RCT(s) for English or mathematics, or their equivalent, or the department-approved alternatives to the RCTs. Adopted as published in the September 30, 2009 Register (pages 15-18 of 62): http://www.dos.state.ny.us/info/register/2009/sep30/pdfs/rules.pdf
Title: Title 8 NYCRR Section 100.5
Source: www.dos.state.ny.us
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| IL | Adopted 11/2009 | P-12 | Partially from "Notice of Adopted Amendments" in Illinois Register (changes from this rulemaking but not listed below are technical in nature or echo recent changes in legislation):
Section 1.20: Revised to distinguish among the appropriate levels of sign-off on the corrective plan a district must submit depending on whether a school or the district has been placed on probation. Adds a provision allowing a district's or school's status to be changed to "nonrecognized" if, at any time that a corrective action plan is in effect, the state superintendent determines that the agreed-upon actions are not being implemented in accordance with the plan or the underlying areas of noncompliance are not being remedied.
Section 1.30: Updated to refer to state assessment accommodations now allowed for limited English proficient students, and now specifies when time extensions will be made available to those students (in response to P.A. 94-642, which authorized the state board to allow additional time "by rule"). Revises labels used to describe scores on the Illinois Alternate Assessment, and updates rule on review and verification of assessment information.
Section 1.100: Adds details so that staff of districts and other eligible applicants will have more specific guidance as to what is expected as part of the process for receiving waivers and modifications of requirements in the school code or administrative rules.
Section 1.240: Expanded to include a reference to gender identity among the prohibited bases for discrimination because it may otherwise not be clear that gender identity is encompassed in the definition of "sexual orientation".
Section 1.420: Adds provision specifying that each district's plan for recording student progress and/or awarding credit must include credit for courses completed by correspondence, online or from other external sources. Specifies that a district may count four clock-hours as a day of instruction only due to a condition beyond the district's control; specifies other requirements that must be met for the state superintendent to approve a district's request to use "multiple sessions" to fulfill school day requirements. Specifies that students in attendance for at least 150 but fewer than 240 minutes of school work may be counted for a half-day of attendance; students in attendance for fewer than 150 minutes of school work are not to be counted for purposes of calculating average daily attendance. Emphasizes the meaning of the portion of the rule on library media programs that distinguishes between the services that may be performed only by certified library information specialists and the other tasks that may be inherent in districts' operation of their programs.
Section 1.465 (on awarding of credit for foreign language study in an ethnic school program) and 1.480 (on correctional institution educational programs): Generally updated, including the insertion of current statutory citations.
Section 1.510: Main revision conveys state board's interpretation that districts may not pick and choose among students in the same situation once they elect to transport some students.
Section 1.737: Updated to complement new requirements for endorsements in safety and driver education that will take effect in 2012.
Pages 324-388 of 432: http://www.cyberdriveillinois.com/departments/index/register/register_volume33_issue45.pdf
Title: 23 IAC 1.20, .30, .100, .240, .420, .465, .480, .510, .737
Source: www.cyberdriveillinois.com
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| TX | Signed into law 06/2009 | P-12 | Directs the state education agency, in developing state assessments for math, reading, writing, social studies and science for grades 3-8, to allow student scores to provide reliable information relating to a student's satisfactory performance for each performance standard under Section 39.0241, and an appropriate range of performances to serve as a valid indication of growth in student achievement. Amends language in 39.023(b) regarding the assessment of students with disabilities. Eliminates provision allowing a student with disabilities to be exempted from an end-of-course assessment. Excludes assessments that students may retake (i.e., an end-of-course assessment) from those whose questions and answer keys are released to the public every third year. Makes grade 5 final grade in which limited-English proficient students may take statewide assessments in reading, writing, math and science in Spanish (previous provision extended such assessments to students in grade 6.)
Directs the commissioner of education and commissioner of higher education to study the feasibility of allowing students to satisfy end-of-course requirements by successfully completing a dual credit course through an institution of higher education. Requires the commissioner of education and commissioner of higher education to make recommendations based on the study to the legislature by December 2010.
By September 1 of each year, requires the state education agency Web site to report the following information for state assessments in grades 3-8 and end-of-course assessments:
(1) The number of questions on the assessment
(2) The number of questions that must be answered correctly to achieve satisfactory performance
(3) The number of questions that must be answered correctly to achieve satisfactory performance under the college readiness performance standard
(4) The corresponding scale scores.
Previous law required questions indicating college readiness in end-of-course assessments to be administered in a separate section of the assessment. New enactment bars these items from being included in a separate section of the assessment.
Provides the commissioner may not require a school district or charter school to administer an assessment instrument by computer.
Pages 45-50 of 180: http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB00003F.pdf
Title: H.B. 3 - Section 50 through 52
Source: www.legis.state.tx.us
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| TX | Signed into law 06/2009 | P-12 | Whereas former language allowed students with an IEP to be exempted from criterion-referenced assessments in grades 3-8, end-of-course assessments and criterion-referenced assessments for students with disabilities, new language provides students with an IEP may be administered an accommodated or alternative assessment instrument or may be granted an exemption from or a postponement of the administration of such assessments. Defines "unschooled asylee or refugee." Allows additional four years' testing exemption (beyond up to 1 year allowed for English language learners) from state assessments if the student 's initial enrollment in a school in the U.S. was as an unschooled asylee or refugee. Pages 64-66 of 180: http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB00003F.pdf
Title: H.B. 3 - Section 56
Source: www.legis.state.tx.us
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| OH | Adopted 06/2009 | P-12 | Clarifies circumstances under which a student may be excused from taking a state test required at the student's grade level. Clarifies that a student in grades 3-8 who was retained in the same grade level from one school year to the next school year, must take all of the Ohio achievement tests for the grade level in which the student currently is enrolled, regardless of any score previously received by a student on any such test during a prior school year. http://www.registerofohio.state.oh.us/pdfs/3301/0/13/3301-13-02_PH_FF_A_RU_20090615_1020.pdf
Title: OAC 3301-13-02
Source: www.registerofohio.state.oh.us
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| AR | Signed into law 04/2009 | P-12 | Allows reasonable accommodation by the Department of Education and each school district for a student who has difficulty with sensory processing in reaction to oversensitivity to full spectrum light when taking state required tests; allows a student to use color overlays specific to the student's oversensitivity that alter the contrast between the words and the page so the student can visually comprehend the words on a page of a state mandated assessment or test.
http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act1460.pdf
Title: S.B. 358
Source: http://www.arkleg.state.ar.us/
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| KY | Signed into law 03/2009 | P-12 | Requires the state department of education and state board, as they revise the state assessment and accountability system for implementation in 2011-12, to facilitate an extensive review of how exceptional children's needs are being met through the required student assessment process and how student assessment requirements for exceptional children potentially hamper or enhance intellectual and emotional growth of individual students. Directs the entities to assess how current assessment procedures for exceptional children and the reporting requirements affect school performance classifications and whether changes need to be made as the revised assessment and accountability system is developed. http://www.lrc.ky.gov/record/09RS/SB1/bill.doc
Title: S.B. 1 Section 20
Source: www.lrc.ky.gov
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| LA | Adopted 02/2009 | P-12 | Amends rules relating to LEAP Alternate Assessments.
http://doa.louisiana.gov/osr/lac/28v111/28v111.doc#_Toc222644588
Title: LAC 28:CXI.Chapter 19, 1901 to 1925
Source: http://doa.louisiana.gov/osr/
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| KY | Adopted 02/2009 | P-12 | Establishes procedures for the inclusion of special student populations in the State-required assessment and accountability programs. http://www.lrc.ky.gov/kar/703/005/070reg.htm
Title: 703 KAR 5:070
Source: www.lrc.ky.gov
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| TX | Adopted 02/2009 | P-12 | Sets the standard of satisfactory performance on the Texas Assessment of Knowledge and Skills (TAKS), as appropriate for the reading and mathematics assessments in Grades 3-8 based on the implementation of a vertical scale. http://ritter.tea.state.tx.us/rules/board/adopted/0109/101-23-two.pdf
Title: 19 TAC 2.101.B.101.23
Source: Lexis-Nexis/StateNet
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| LA | Adopted 10/2008 | P-12 | Amends rules relating to the school, district and state accountability system. Relates to the inclusion of alternate assessment results for students with disabilities in accountability system.
http://doa.louisiana.gov/osr/lac/28v83/28v83.doc
Title: LAC 28:LXXXIII.3905
Source: http://doa.louisiana.gov/osr/
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| CA | Vetoed 09/2008 | P-12 | Reenacts provisions of former law which required a school district or state special school to grant a high school diploma to a pupil with a disability who was scheduled to graduate from high school, did not pass high school exit examination, did not receive a high school exit examination waiver, and met other specified criteria. Provides for retroactive application of these provisions to pupils with disabilities who are scheduled to graduate in a specified school year.
Title: S.B. 1446
Source: Lexis-Nexis/StateNet
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| CA | Signed into law 09/2008 | P-12 | Relates to a high school exit examination in English language arts and mathematics. Creates a panel to make recommendations regarding alternative means for eligible pupils with disabilities to demonstrate that they have achieved the same level of academic achievement in the content standards in English language arts or mathematics, or both, required for passage of the high school exit examination. Authorizes a disabled pupil to participate in such alternative means of demonstration. Chapter 666
http://www.assembly.ca.gov/acs/acsframeset2text.htm
Title: A.B. 2040
Source: http://www.assembly.ca.gov
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| ID | Adopted 08/2008 | P-12 | Amends rules relating to thoroughness. Requires that first year limited English proficient students are required to take the standard achievement test for math and science.
http://www2.state.id.us/adm/adminrules/rules/idapa08/08index.htm
Title: IDAPA 08.02.03
Source: http://www2.state.id.us
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| AK | Adopted 10/2007 | P-12 | Amends rules dealing with alternate performance standards for students with significant cognitive disabilities to include proficiency levels for the alternate assessment based on evaluating students' ability and performance on academic tasks. ALASKA 3551
http://www.touchngo.com/lglcntr/akstats/aac/title04/chapter004/section160.htm
Title: 4 AAC 04.160, .775
Source: http://www.touchngo.com/lglcntr/akstats
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| AK | Adopted 10/2007 | P-12 | Adopts by reference, the 2007 edition of the Participation Guidelines for Alaska Students, setting forth the requirements in assessments for students with disabilities. ALASKA 3556
http://touchngo.com/lglcntr/akstats/AAC/Title04.htm
Title: 4 AAC 06.775
Source: http://touchngo.com/lglcntr/akstats/AAC/Title04.htm
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| IL | Adopted 09/2007 | P-12 | Amends policies regarding the assessment of special education students at nonpublic, public out-of-state, public residential or private special education facilities. Transfers authority for the oversight of such assessment from the state board of education to the state superintendent. Specifies that an application for initial approval of educational and/or residential programs at such facilities must include the data that will be collected on the outcomes achieved by those students, which must reflect the students' learning goals as described in their respective IEPs. Also requires applications for programs serving students for whom behavioral interventions may be appropriate, to include a description of the provider's formalized approach to the use of these interventions.
Requires each provider to ensure that each student receives special education and related services in accordance with his or her IEP, provided that the use of behavioral intervention strategies that would jeopardize the safety or security of students or would rely upon pain as an intentional method of control cannot be permitted.
Requires each class offered in such a program to have a maximum enrollment of five students, except that enrollment may be increased by a maximum of two students in response to unique circumstances that occur during the school year so long as the educational needs of all students in the class can be adequately and appropriately met. Allows the enrollment in a class to be increased by a maximum of five students when a full-time paraprofessional is provided.
Establishes requirements for the administration of state assessments at such special education facilities, including required testing conditions, required personnel assignments and qualifications and required procedures. Requires that any breach of test security or other testing irregularity be reported to the state superintendent of education or designee in accordance with instructions applicable to particular types of problems, using one of the methods identified by
the state superintendent. Requires responsible staff at the affected facility to then follow the instructions provided by the state superintendent or the relevant test
contractor regarding the next steps to be taken in investigating the source of the problem, its implications and its potential resolution.
Directs each provider to prepare and keep on file an annual plan for inservice training in areas where improvement is desirable. Directs the provider to identify these areas based on an analysis of each program's implementation in relation to the approved application and based on data illustrating the achievement of the
students served in relation to the goals and objectives stated in their IEPs and on the state assessments in which they participate. Requires each provider to provide specific training to all staff on the use of isolated time out and behavioral intervention strategies, as appropriate to the student population.
Specifies that staff criminal background checks include the results of fingerprint-based criminal history records checks performed pursuant to the Uniform Conviction Information Act [20 ILCS 2635] or, for a facility located in another state, pursuant to that state's uniform conviction information act, and pursuant to the Adam Walsh Child Protection and Safety Act of 2006 (P.L. 109-240), as well as the results of checks of the statewide sex offender database maintained in accordance with Section 115 of the Sex Offender Community Notification Law [730 ILCS 152/115] or, for a facility located in another state, checks of that state's sex offender
database.
Pages 600-618 of 671 http://www.cyberdriveillinois.com/departments/index/register/register_volume31_issue40.pdf
Title: 23 IAC 401.10 thru .260 (non seq.)
Source: www.cyberdriveillinois.com
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| GA | Adopted 09/2007 | P-12 | Adds language regarding the Assessing Comprehension and Communication in English State to State for English Language Learners (ACCESS for ELLs), an English language proficiency test administered annually to all English language learners (ELLs) to determine students' level of English language proficiency level.
Adds provision regarding "conditional administration," a test administration in which a more expansive accommodation is utilized to provide access for a small percentage of students with more severe disabilities who would not be able to access the assessment without such assistance.
Adds provision regarding Georgia Kindergarten Inventory of Developing Skills (GKIDS), a performance assessment designed to provide teachers with information about the level of instructional support needed by individual students entering kindergarten and first grade. Provides this assessment will replace the Georgia Kindergarten Assessment Program-Revised (GKAP-R).
Replaces Middle Grades Writing Assessment (IMGWA) with Grade 8 Writing Assessment.
Adds science to areas in which a first-year ELL student may participate in the appropriate state board approved language proficiency assessment rather than the standard assessment.
Clarifies that only state-approved accommodations may be included in an IEP or Section 504 IAP. Eliminates certain provisions regarding the Georgia Alternate Assessment.
Specifies that students with significant cognitive disabilities participating in the GAA must be provided access to the state-adopted curriculum. Clarifies that educators may adjust the learning expectations for this group of unique students provided the instruction is based on and aligned to the grade-level curriculum standards. Provides that instruction may reflect pre-requisite skills but must be sufficiently challenging for the individual student.
Directs local school systems to provide individual student score reports for all state-mandated assessments to the parent(s) or legal guardian(s) in a timely manner.
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
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| AK | Adopted 09/2007 | P-12 | Adopts by reference, the 2007 edition of the Participation Guidelines for Alaska Students, setting forth the requirements in assessments for students with disabilities. ALASKA 3556
http://touchngo.com/lglcntr/akstats/AAC/Title04.htm
Title: 4 AAC 06.775
Source: http://touchngo.com/lglcntr/akstats
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| LA | Adopted 08/2007 | P-12 | Revises the use of Alternative Assessment results in accountability as suggested by the Department of Education's Technical Advisory Committee. Revises district accountability to better align with the high school redesign efforts initiated by the governor. Amends teacher certification indicator and 8th grade persistence indicator (based on a district's success at keeping 8th grade students enrolled in school).
Defines the requirements for exiting District Improvement in anticipation of districts' first opportunity to exit. Pages 3-5 of 79: http://www.doa.louisiana.gov/osr/reg/0708/0708RUL.pdf
Title: LAC 28:LXXXIII.4302 and 4313
Source: www.doa.louisiana.gov
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| LA | Adopted 06/2007 | P-12 | Provides information regarding addition of achievement level descriptors for iLEAP, which causes a reformatting of a chapter. Adds language regarding iLEAP accommodations for special populations (page 21 of 168). Pages 2- of 168: http://www.doa.louisiana.gov/osr/reg/0706/0706rul.pdf
Title: LAC 28:CXI.1709-1729, 3306, and 3307
Source: Lexis-Nexis/StateNet
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| LA | Adopted 03/2007 | P-12 | Clarifies guidelines for the participation in alternate assessments for students with disabilities who cannot participate in regular assessments. Page 13 of 118: http://www.doa.louisiana.gov/osr/reg/0703/0703rul.pdf
Title: LAC 28:XCVII.905
Source: www.doa.louisiana.gov
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| LA | Adopted 03/2007 | P-12 | Approves for advertisement revisions to Bulletin 118- Statewide Assessment Standards and Practices. Consolidates statewide test information. Provides easy access to that information. Incorporates guidelines for newly adopted statewide assessments. Adds new language to established assessment guidelines. Reflects the renaming of the division to the Division of Standards, Assessments, and Accountability. Pages 3-8 of 118: http://www.doa.louisiana.gov/osr/reg/0703/0703rul.pdf
Title: LAC 28:CXI.305 and Chapter 19
Source: Lexis-Nexis/StateNet
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| LA | Adopted 02/2007 | P-12 | Makes various changes to state assessment system. Creates end-of-course tests, to be phased in over a period of six years starting in fall 2007, in the following:
1. Algebra I;
2. Geometry;
3. English I;
4. English II;
5. Biology;
6. American History;
7. Civics; and
8. Free Enterprise.
Sets limitations on the public release of assessment data when such a release might compromise student confidentiality. Amends test security policies. Amends policies related to erasure analysis on state assessments. Also amends policies to address suspected violations of test security and troubling content in written assessment responses. Adds provision regarding administrative errors by school personnel that result in a question regarding the security of the test or the accuracy of the test data.
Amends provisions related to English language development assessments for English language learners (ELLs) and assessment of students with disabilities, including assessment accommodations for ELLs and students with disabilities.
Provides that if a student is expelled from school and is not enrolled in any type of alternative program or receiving any services from the district, the parent may make a timely request that the student be tested and the district must make arrangements to test the student.
Pages 7- of 50: http://www.doa.louisiana.gov/osr/reg/0702/0702rul.pdf
Title: LAC 28:CXI.Chapters 1, 3, 5, 18, 23, 27, 33, and 35
Source: www.doa.louisiana.gov
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| LA | Adopted 02/2007 | P-12 | Adds new language in Chapter 17 regarding statewide assessments. Updates Integrated Louisiana Educational Assessment Program (iLEAP) (Chapter 17) and Louisiana Alternate Assessment, Level 2 (LAA 2) (Chapter 20) to provide educators with finalized information about these new statewide assessments. Provides details about test design, test format, achievement levels, achievement level descriptors, performance standards, and content standards.
Pages 17-28 of 50: http://www.doa.louisiana.gov/osr/reg/0702/0702rul.pdf
Title: LAC 28:CXI.Chapter 17 and 20
Source: www.doa.louisiana.gov
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| CA | Vetoed 09/2006 | P-12 | Requires a pupil identified as limited English proficient and who is either literate or receives instruction in his or her primary language to take the standards-based achievement test in his or her primary language as soon as the primary language test is available. Requires the Department of Education to use funds appropriated in the annual budget for the purpose of developing and adopting primary language versions of assessments aligned to the state academic content standards in the primary language.
Title: S.B. 1580
Source: California Legislature
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| FL | Signed into law 05/2006 | P-12 | Requires local boards to modify basic courses, as necessary, to to assure exceptional students the opportunity to meet the graduation requirements for a standard diploma, using one of the following strategies:
1. Assignment of the exceptional student to an exceptional education class for instruction in a basic course with the same student performance standards as those required of nonexceptional students in the district student progression plan; or
2. Assignment of the exceptional student to a basic education class for instruction modified to accommodate the student's exceptionality.
Requires local boards to determine which strategies to use based on an assessment of the student's needs and requires this decision to be reflected in the student's individual education plan.
Directs the state board to adopt rules on test accommodations and modifications of procedures for students with disabilities that demonstrate the student's abilities rather than reflect the student's impaired sensory, manual, speaking, or psychological process skills.
Requires a student with disabilities who meets all state and local course, grade point average and testing requirements to be awarded a standard diploma. Provides that a student who completes the course requirements but is unable to meet the testing requirements, additional local requirements or minimum grade point average to be awarded a certificate of completion. Allows a student entitled to a certificate of completion to remain in school as a full- or part-time student for up to 1 additional year and receive special instruction designed to remedy his/her identified deficiencies.
Requires each district to provide instruction to prepare students with disabilities to demonstrate proficiency in the skills and competencies necessary for successful grade-to-grade progression and high school graduation. Allows a student with a disability whose IEP team determines the FCAT cannot accurately measure the student's abilities to have the FCAT diploma requirement waived to receive a standard diploma, provided the student completes the course requirements and does not earn a passing score on the FCAT after one opportunity each in grades 10 and 11.
http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h7087er.doc&DocumentType=Bill&BillNumber=7087&Session=2006
Title: H.B. 7087 - Section 23 (3) - (8)
Source: www.myfloridahouse.gov
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| OK | Signed into law 05/2006 | P-12 | Clarifies that 2 of the 6 end-of-course exams all students must pass effective with the Class of 2012 are Algebra I and English II. Provides that students must pass 2 additional end-of-course exams chosen from Algebra II, Biology I, English III, geometry and U.S. history. Clarifies that remediation must be provided students who fail any end-of-course exam, and that a student must have the opportunity to retake an exam until at least a satisfactory score is attained on the Algebra I, English II and two of the other 5 end-of-course exams, or an approved alternate test. Provides that technology center schools are authorized to provide intervention and remediation in Algebra I and Biology I to students enrolled in technology center schools.
Gives state board authority for determining alternate methods by which students who do not pass end-of-course exams may demonstrate mastery of state academic content standards, and for determining exceptions/exemptions to the end-of-course exam requirements. Requires the board to collect data by school and district on the number of students provided and categories of exceptions and exemptions granted. Beginning October 1, 2012, requires the board to provide an annual report of this data.
Clarifies that a student with disabilities must have an appropriate statement on the student's individualized education program (IEP) requiring administration of the end-of-course assessment with or without accommodations or an alternate assessment. Provides that any accommodations normally employed for the assessment must be approved by the state board and be provided for in the IEP. Requires all documentation for each student to be on file in the school prior to administration of the assessment.
Provides that English language learners must be assessed in a valid and reliable manner with the state academic assessments with acceptable accommodations as necessary or, to the extent practicable, with alternate assessments aligned to the state assessment provided by the school district in the language and form most likely to yield accurate data of the student's knowledge of the content areas.
Authorizes the state board to contract with an entity to develop and advise on the implementation of a communications campaign to build public understanding of and support for the testing requirements of this section.
Deletes obsolete language. http://webserver1.lsb.state.ok.us/2005-06bills/SB/SB1792_ENR.RTF
Title: S.B. 1792 - Section 6
Source: webserver1.lsb.state.ok.us
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| AZ | Signed into law 05/2006 | P-12 | All students with disabilities in grades 2-12 will ge included in all state and district assessments, with appropriate accommodations and alternate assessments when necessary, as designated by IEP. Also addresses evaluation of students with disabilities and parental notice policies. Relates to special education; relates to standardized testing for monitoring education progress; provides that all students with disabilities shall be included in all general state and district assessments, with appropriate accommodations and alternate assessments where necessary and as indicated in their respective individual education program.
http://www.azleg.gov/legtext/47leg/2r/bills/sb1380s.pdf
Title: S.B. 1380
Source: Arizona Legislature
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| FL | Signed into law 05/2006 | P-12 | Legislation adds a provision for alternative assessments.
For students seeking a special diploma (pursuant to s. 1003.438), the Department of Education must develop or select and implement an alternate assessment tool that accurately measures the skills and competencies established in the Sunshine State Standards for students with disabilities.
http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h7087er.doc&DocumentType=Bill&BillNumber=7087&Session=2006
Title: H.B. 7087 (Section 40)
Source: Florida Legislature
| |
| ID | Signed into law 04/2006 | P-12 | Provides that a student who has been enrolled for less than 2 full school years in an elementary or secondary school in the U.S. and who scores below a level 4 on the state's English language proficiency assessment may be exempted from participating in the state's direct writing assessment and direct mathematics assessment if the student's parent and teacher agree that such an exclusion is educationally appropriate for the student. http://www3.state.id.us/oasis/H0739.html
Title: H.B. 739
Source: www3.state.id.us
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| LA | Adopted 02/2006 | P-12 | Amends Bulletin 118--Statewide Assessment Standards and Practices.
(1) Revise the names of two of Louisiana's statewide assessment tests by removing for the 21st Century from each. Graduation Exit Examination (GEE) and
Louisiana Educational Assessment Program (LEAP).
(2) Adds Chapter 20, Louisiana Alternate Assessment, Level 2 (LAA2) explaining a new test assessment instrument for special education students.
(3) Revises the name of Louisiana Alternate Assessment (LAA) chapter 19, to Louisiana Alternate Assessment, Level 1 (LAA1).
(4) Relocates information about the assessment programs The Iowa Tests of Basic Skills (ITBS) and Iowa Tests of Educational Development (ITED) from §107.D to
§107.H. The Integrated Louisiana Educational Assessment Program (iLEAP) will replace these tests in §107.D.
http://www.doa.state.la.us/osr/reg/0602/0602RUL.pdf (starting page 6 of 39)
Title: LAC 28:CXI.107, 305, 307, 309, 313, 315, 701, 1101, 1115, 1141, 1151,1153, 1301, 1313, 1335, 1345, 1347, 1349, 1351, 1355, 1501, 1701, 1901, 2001,2501, 2701, 3303, 3305, 3307
Source: Lexis-Nexis/StateNet, www.doa.state.la.us
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| LA | Adopted 12/2005 | P-12 | Revises 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
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| LA | Adopted 12/2005 | P-12 | Establishes 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
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| LA | Adopted 12/2005 | P-12 | Allows 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,
| |
| GA | Adopted 12/2005 | P-12 | Establishes "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
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| WV | Adopted 11/2005 | P-12 | WEST 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
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| LA | Adopted 11/2005 | P-12 | Amends 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
| |
| CA | Vetoed 10/2005 | P-12 | This 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
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| CA | Signed into law 10/2005 | P-12 | This 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
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| GA | Adopted 07/2005 | P-12 | Clarifies 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
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| LA | Signed into law 06/2005 | P-12 | AN 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
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| ID | Temporary Rule Adoption - Concurrently Proposed 06/2005 | P-12 | Proposes 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
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| MS | Rule Adoption 05/2005 | P-12 | Provides 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
| |
| CO | Signed into law 05/2005 | P-12 | Provides 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
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| OK | Signed into law 05/2005 | P-12 | Section 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:
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| AZ | Signed into law 04/2005 | P-12 | States 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
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| CA | Vetoed 09/2004 | P-12 | Creates the Advisory Task Force for Education of Blind and Visually Impaired Pupils to provide input to formulate the most effective policy for the education of such pupils. Requires the Department of Education to provide outreach and technical assistance to parents, teachers, and administrators concerning issues relating to the instruction of visually impaired, blind, and deaf-blind pupils. Requires the department of education to establish a data system for submission and collection of data regarding services provided by local education agencies to such pupils. Requires contracts with test publishers for statewide tests to stipulate that the publishers will provide the test materials in formats accessible to pupils with visual disabilities.
http://www.leginfo.ca.gov/pub/bill/asm/ab_0651-0700/ab_662_bill_20040825_enrolled.html
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_662_veto.pdf
Title: A.B. 662
Source: California Legislative Web site
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| MS | Rule Adoption 07/2004 | P-12 | Establishes rules regarding assessment of students with disabilities. Provides that the information contained within the guidelines for testing special populations and any subsequent updates shall apply to all public school personnel who are responsible for the implementation of the Mississippi Statewide Assessment System. Provides that the information shall set forth the rules and procedures required for proper test administration and shall be provided to each school district by the Mississippi Department of Education. MISSISSIPPI REG 9149 (SN)
Title: IIIB-3
Source: StateNet
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| ID | Temporary Rule Adoption 05/2004 | P-12 | Amends rules to allow new Limited English Proficient (LEP) students to take a language proficiency test in lieu of the state reading test.
http://www2.state.id.us/adm/adminrules/bulletin/04jun.pdf (page 30)
Title: IDAPA 08.02.03 §§ 111-112
Source: Idaho State Web site
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| LA | Adopted 04/2004 | P-12 | Adopts rules relating to the implementation of fundamental changes in the classroom by helping schools and communities focus on student achievement. Clarifies method for calculating a School Performance Score for elementary, middle and high schools. Establishes timelines for schools in School Improvement to submit improvement plans, expands the details of the Supplemental Educational Services process, specifies how LEAP Alternative Assessment students are included in NRT calculations, and creates required definitions for English language proficiency. http://www.doa.state.la.us/osr/reg/0404/0404RUL.pdf (see pages 22-27 of 71)
Title: LAC 28:LXXXIII.303, 311, 1701, 2701, 2702, 2703, 2713, 2715, 2717, 2719, 2721, 3905, 4001, 4003, 4005
Source: http://www.doa.state.la.us/osr
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| LA | Adopted 04/2004 | P-12 | Repeals rules that address alternate assessment and curricular design for students with disabilities in special schools. Provides consistency with rules governing students with disabilities not attending special schools.
Title: LAC 28:I.901
Source: StateNet
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| MA | Rule Adoption 03/2004 | P-12 | Amends rules relating to the Comprehensive Assessment System (MCAS) performance appeals process, and incorporates provisions regarding student with disabilities. MASSACHUSETTS REG 8280 (SN)
Title: 603 CMR 30.00
Source: StateNet
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| MA | Emergency Rule Adoption 02/2004 | P-12 | Establishes emergency rules relating to students with disabilities. Revises rules that relates to performance appeals. MASSACHUSETTS REG 8283 (SN)
Title: 603 CMR 30.00
Source: StateNet
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| TX | Emergency Rule Adoption 07/2003 | P-12 | Establishes rules to implement the Success Initiative. Provides purpose, authority, and definitions. Specifies exemptions and exceptions. Concerns assessment instruments, minimum passing standards, advisement and plan for academic success, and determination of readiness to perform freshman-level academic coursework. TEXAS REG 86368 (SN)
Title: 19 TAC 4.51 thru .60
Source: StateNet
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| TX | Signed into law 05/2003 | P-12 | A special education student can be exempted from the Texas Assessment of Knowledge and Skills (TAKS) and given an alternative assessment instrument if the student receives modified instruction in the essential knowledge and skills and the TAKS would not provide an appropriate measure of student achievement. H.B. 447 provides that a special education student must receive modified instruction in the essential knowledge and skills for the assessed subject in order to be assessed with the alternative assessment instrument. http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=78&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=00447&VERSION=5&TYPE=B
Title: H.B. 447
Source: http://www.capitol.state.tx.us
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| MN | Signed into law 05/2003 | P-12 | Effective the 2003-04 school year and later, bars the state education commissioner from implementing the profile of learning portion of the state's results-oriented graduation rule, or classroom assessments that schools must use. Replaces references to "results oriented graduation rule" with "academic standards." (Retains requirement that students pass basic skills test to be eligible for high school graduation.) Requires students to complete district-determined course credit requirements to be eligible for high school graduation starting with students entering the ninth grade during the 2004-05 school year.
Establishes language arts, math, science, social studies and the arts as subject areas required for statewide accountability. Requires public elementary and middle schools to offer at least three and require at least two of the following four arts areas: dance, music, theater and visual arts. Requires public high schools to offer at least three and require at least one of the following five arts areas: media arts, dance, music, theater and visual arts. Requires the commissioner to submit proposed science and social studies standards to the legislature by February 1, 2004. Requires the commissioner to consider recommendations from specified stakeholders when developing state academic standards in language arts, math, science, social studies and the arts. Specifies that standards must: (1) be clear, concise, objective, measurable, and grade-level appropriate; (2) not require a specific teaching methodology or curriculum; and (3) be consistent with the constitutions of the United States and the state of Minnesota. Requires the commissioner to adopt rules for implementing statewide rigorous core academic standards in language arts, math and the arts. Specifies that after the rules are initially adopted, the commissioner may not amend or repeal these rules nor adopt new rules on the same topic without specific legislative authorization. Requires these academic standards to be implemented for all students beginning in the 2003-2004 school year. Additionally requires the commissioner to supplement the required state academic standards with grade-level benchmarks, although high school benchmarks may cover more than one grade. Establishes other requirements regarding benchmarks.
Requires every district to establish its own standards in the elective subject areas of health and physical education, vocational and technical education, and world languages. Requires every district to offer courses in all above elective subject areas, and to use a locally selected assessment to determine whether a student has achieved an elective standard. Additionally requires every district, by the 2007-08 school year, to adopt graduation requirements that meet or exceed state graduation requirements. Must provide students who enter grade 9 in or before the 2003-04 school year the opportunity to earn a diploma based on existing local graduation requirements in effect when student entered ninth grade.
Establishes graduation requirements based on course credits in language arts, math, science, social studies and electives, including the arts, for students entering grade 9 in the 2004-05 school year.
Beginning the 2005-06 school year and later, requires annual statewide testing in language arts and math in grades 3 through 8 and at the high school level. Also requires annual science assessments in one grade in grades 3-5 span, the grades 6-9 span, and the grades 10-12 span for the 2007-08 school year and later. Requires a state-developed test in a subject other than writing, developed after the 2002-03 school year, to include both multiple choice and constructed response questions. Requires state tests to be aligned with state academic standards, and for statewide results to be aggregated at the school and district level. Deletes language excluding test scores of students receiving limited English proficiency instruction from school and district testing results. Permits exemption of limited English proficiency students if the student has been in the United States for fewer than three years. Requires state assessments, by the 2006-07 school year to include a value-added component to measure student achievement growth over time. Requires commissioner to include alternative assessments for the very few students with disabilities for whom statewide assessments are inappropriate and for students with limited English proficiency.
Permits school, district or charter school to use a high school student's performance on a state assessment as a percentage of the student's final grade in a course or to place the student's assessment score on the student's transcript.
Requires the commissioner to develop language arts, math and science assessments aligned with state standards, which districts must use. Specifies that commissioner must not develop state assessments for academic standards in social studies and the arts.
http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?session=ls83&version=latest&number=HF302&session_number=0&session_year=2003
Title: H.F. 302 (multiple provisions)
Source: www.revisor.leg.state.mn.us
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| GA | Signed into law 05/2003 | P-12 | Revises provisions relating to payment of fees for advanced placement tests; revises provision relating to the release of certain test questions; deletes provision that students with alternate assessments shall not count for accountability purposes; changes provisions regarding expenditure controls for the 2003-2004 school year; changes provisions regarding maximum class size for the 2003-2004 school year and provides for automatic repeal; changes provisions regarding funding for additional days of instruction; provides that when certain sales taxes for educational purposes are imposed, each board of education expending proceeds of the tax undergo a performance audit or performance review of the expenditures and provides for performance audit or review contracts. http://www.legis.state.ga.us/legis/2003_04/sum/sb249.htm
Title: S.B. 249
Source: Georgia Legislative Web site
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| MN | Signed into law 05/2003 | P-12
Postsec. | Effective the day after enactment, requires the commissioner to provide written recommendations to the committees of the legislature having jurisdiction over kindergarten through grade 12 education policy and budget issues by February 1, 2004, that: (1) identify the cut-scores on high school reading and mathematics assessments indicating that remedial instruction in the state's two-year higher education institutions is unneeded; (2) recommend alternative assessments, including student portfolios; (3) recommend whether students must pass state end-of-course examinations as a requirement for high school graduation; (4) evaluate the feasibility of including state percentile rankings and a national comparison; and (5) establish a method for using the grade 8 language arts and math tests to satisfy basic skills requirements.
See Article 2, Section 2: http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?session=ls83&version=latest&number=HF302&session_number=0&session_year=2003
Title: H.F. 302 (multiple provisions)
Source: www.revisor.leg.state.mn.us
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| UT | Became law without GOVERNOR'S signature. 01/2003 | P-12 | Relates to education testing amendments. Eliminates the requirement to include constructed response test times in certain achievement tests. Directs that the savings resulting from this change be used to pay for online test administration.
Title: H.B. 6005
Source: StateNet
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| CA | Vetoed 09/2002 | P-12 | Requires the Superintendent of Public Instruction and the advisory committee established by this bill to develop guidelines regarding the method and content of alternate assessments to the high school exit examination for those individuals with disabilities who cannot participate in the examination regardless of accommodation or modification. Requires the State Board of Education to adopt alternate assessments for those pupils.
Title: A.B. 2600
Source: Lexis-Nexis/StateNet
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| FL | Signed into law 06/2002 | P-12 | Grandfathers in the scores of 10th-graders who took the Florida Comprehensive Assessment Test (FCAT) in spring 2001. Requires that when state board sets higher cutoff scores for 10th-grade FCAT, higher cutoff scores affect only those students who have not yet taken the 10th-grade FCAT. Forbids state board from establishing any accommodation that "negates the validity of a statewide assessment." Requires district to inform parent of student with disability when classroom accommodations may not be made on FCAT. Parent must give consent for student to be given classroom accommodations or modifications not allowable in the statewide assessment program, and must give parent information on the impact on student's capacity to attain benchmarks in reading, writing and math. http://www.leg.state.fl.us/data/session/2002E/Senate/bills/billtext/pdf/s0020Eer.pdf
Title: S.B. 20E
Source: www.leg.state.fl.us
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| MO | Signed into law 06/2002 | P-12 | For students who receive special education services, the state board must, through a teacher panel, determine if appropriate alternate assessments exist or, if not, create such an assessment. When it is determined by the student's individualized education plan team that the alternative assessment is more appropriate for the student, the student will take the alternative assessment, which will address independent living skills, detailed in the bill.
Title: H.B. 1711
Source: House Research Staff Summaries
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| CT | Signed into law 06/2001 | P-12 | Limits the exemptions from the Connecticut Master Test and the Connecticut Academic Performance Test for limited-English-proficient students to students enrolled for one year or less, rather than three years or less, in a program of bilingual education or English as a second language.
Title: H.B. 6751
Source: Lexis-Nexis/StateNet
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| CO | Signed into law 05/2001 | P-12 | Authorizes the State Board of Education by rule to exclude a school from receiving an academic performance grade if more than 95% of the students at the school have individual educational programs; clarifies which students scores will not be used in a school's academic performance grade.
Title: H.B. 1348
Source: Lexis-Nexis/StateNet
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| MO | Signed into law 05/2001 | P-12 | Provides that assessment scores of students for whom English is a second language (ESL) shall not be counted until the student has been educated in a school where English is the primary language for three full years. Also, the act eliminates the mandatory retesting requirement in the following year for students scoring in the lowest level of proficiency on any assessment. Requires that certain public school students receive summer school reading instruction. Local school districts are required to select a reading assessment mechanism and to assign 3rd-grade and older students who are reading below grade level to be assessed for summer school placement. Special education students, student with limited English proficiency, students receiving services under Section 504 of the Rehabilitation Act of 1973 and whose plan addresses reading and students with insufficient cognitive ability are exempted from the required reading assessment.
http://www.house.state.mo.us/bills01/bills01/sb319.htm
Title: S.B. 319
Source: Lexis-Nexis/StateNet
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| TN | Signed into law 05/2001 | P-12 | Requires the state department of education to develop alternative assessment for disabled students. The department is required to develop two alternative assessments as follows: (1) An academic skills assessment to be administered at an appropriate level of academic abilities; or (2) A portfolio-based assessment to test areas assessed by the Tennessee Comprehensive Assessment Program (TCAP).
Title: S.B. 343
Source: Tennessee Legislative Web Site
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| NM | Vetoed 04/2001 | P-12 | Relates to annual school accountability reporting. There are five indices through which public school performance shall be measured and reported to school districts: (1) student achievement as measured by a nationally norm-referenced or criterion-referenced test approved by the department of education or through a performance-based instrument to measure proficiency; (2) school safety; (3) the dropout rate; (4) attendance; and (5) parent and community involvement. Districts must give a nationally norm-referenced test, standards-based or performance-based assessment to all students enrolled in a public school or state institution in grades four (changed from grade three) through nine. Students with disabilities must participate in the test as determined on their individual education program. Students who have been assessed as non-English or limited English proficient using state-approved language assessments and meeting required thresholds shall be provided an alternative norm-referenced, performance-based or standards-based assessment in their primary language.
Title: S.B. 660
Source: New Mexico Legislative Web Site
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| TX | Signed into law 04/2001 | P-12 | Students are exempt from testing for a period of up to one year after initial enrollment in a school in the United States if the student is of limited English proficiency and has not demonstrated proficiency in English as determined by the assessment system; exempts a student for a period of up to two years in addition to the exemption period if the student has received an exemption under other subsections of the Education Code, and is a recent unschooled immigrant, or is in a grade for which no assessment instrument in the primary language of the student is available.
Title: S.B. 676
Source: Texas Legislative Web Site
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| GA | Signed into law 03/2000 | P-12 | A student's IEP may serve as the alternative assessment.
Title: H.B. 1187
Source: Georgia Department of Education
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