I am in search of information and I can’t find it by googling.
So I am turning to you to help me answer these questions.
1. In your state, are special education students required to take the same grade-level tests as regular students? Are there exceptions based on IEPs?
2. Are charters in your state required to administer the state tests?
3. In your state, which state regulations are charters exempt from?
When you reply, please identify your state.
Thanks,
Diane
Diane Ravitch's blog 
In NY, special education students are entitled to take RCT exams rather than Regents exams in some cases. I believe many of them obtain what’s called an IEP diploma, and are then counted against us as not having graduated. In our school, we have many students who are “alternate assessment,” and will never count toward graduation stats. Though we train them to do work they can be paid for, we are penalized for it.
How many alternate assessment students is Eva Moskowitz taking? I’d wager zero.
This has changed. The RCT is gone. They must take the 5 exams to graduate now, though they can earn a lower score. The IEP is not a diploma, it is a certificate of attendance designed for students with severe developmental disabilities such as Downs syndrome.
Wow. Didn’t know that. Still, most city schools do not take alternate assessment kids. There is a new regulation that neighborhood schools must take them, but I believe that our school, with a longstanding program, will continue to draw them. And frankly, I find it unconscionable that we or anyone is penalized for doing so.
Inn SC, (1) yes and (2) yes, but I cannot locate any information on the SC Dept of Ed website about exemptions. Testing info: http://ed.sc.gov/agency/programs-services/41/documents/TAM2012-13.pdf
All Special Education students in NYC must sit for Regents exams before they take the RCTs or at least take the Regents at some time for the RCTs to be counted. SPED students can score 55 rather than 65 for a passing grade, and of course they are entitled to all modifications.
That is not true. Not ALL special Ed students in NYC! D75 12:1:4 students have Alternate Assessment and even some 6:1:1 do. These are the children with mostly multiple disabilities (in fact many have Multiple Disabilities as their official diagnosis on their IEP’s) and although many do have job training and can go on to have a job after leaving school at age 21 with their IEP Certificate there are also many that will go into Day Hab programs
Some possible info on (3) – http://www.publiccharters.org/law/ViewState.aspx?state=SC
In Michigan, special education students are required to participate in the three-day testapalozza (day one being the ACT). They are allowed extra time and other accommodations as outlined in their IEPs.
Charters are required to administer the same tests, except….
if it is the EAA that has taken oven 15 schools in the city of Detroit. Those schools do not have to take the litany of tests. I knew that would eventually happen, change the rules to make privatization look successful.
Yes. Plus the CI population can take the alternate MEAP test called Mi-Access. They are only about 1% of the test takers. Isn’t it funny that the EAA is trying to conceal the fact that the students will be performing even lower than before the takeover? Also, I believe that I have read that charters do not have the same building requirements that other public schools have. The state of Michigan has attempted to provide many exceptions for charters under Snyder. (unreal)
There are actually three levels of CI qualifications in Mich. A CI student can qualify for a diploma only if they take the designated classes that all regular ed and higher functioning special ed students pass. It is sad because the ones that don’t can’t get a diploma and yet the state has slashed funding for transition services and the state has never clearly defined what will happen to the students who don’t receive a diploma. Needless to say, charters certainly opt out of transition training because it is costly- I mean who would want to help prepare students for the future if there is a profit that can be made? Why have politicians sold out the future of their own students?
This is the NYS info, Diane
1. In your state, are special education students required to take the same grade-level tests as regular students? Are there exceptions based on IEPs?
YES THEY MUST AT ALL LEVELS- 3-8 AND HIGH SCHOOL. THE ONLY EXCEPTION ARE STUDENTS WHO ARE SERIOUSLY DISABLED (DOWN’S SYNDROME, SEVERE AUTISM) MAY TAKE THE ALTERNATE ASSESSMENT. THIS IS FOR A HANDFUL OF SPECIAL ED STUDENTS, NOT THE MAJORITY. SUCH STUDENTS DO NOT RECEIVE A DIPLOMA BUT RATHER AN IEP CERTIFICATE OF ATTENDANCE. MOST STAY UNTIL THE AGE OF 21 AS THEY SHOULD. THAT COUNTS AGAINST A DISTRICT. (4 YEAR GRADUATION RATE)
2. Are charters in your state required to administer the state tests?
YES
3. In your state, which state regulations are charters exempt from?
APPR, THEY ARE PRESENTLY FIGHTING THE SUBMISSION OF THEIR EVALUATIONS, TENURE, TEACHER CERTIFICATION RULES. THERE ARE PROBABLY MORE.
In NJ students with special needs are required to take the state assessments HSPA (grade 11) and the NJASK (grades 4-8)
Here is some info explaining: https://www.measinc.com/nj/Downloads/NJHSPA/NJHSPA_DTC_Manual_March_2012.pdf
LEP Students: http://www.nj.gov/education/bilingual/policy/lepacc.htm
NJASK: http://www.state.nj.us/education/assessment/ms/njask_info_guide.pdf
Alternative Proficiency Assessment (for severely disabled : http://www.ntuaft.com/TISE/Standards%20based%20assessments/Alternate%20Proficienhttp://www.nj.gov/education/chartsch/PerformanceFramework.pdfcy%20Assessment/APA/guidelines.pdf
Charters: yes charters must take statewide assessments: http://www.nj.gov/education/chartsch/PerformanceFramework.pdf
In Massachusetts all students, including students with disabilities, are required to participate in all MCAS tests scheduled for their grade. (charter schools included) Students with significant disabilities who are unable to take the standard MCAS tests, even with accommodations, must take the MCAS Alternate Assessment (MCAS-Alt).
The MCAS-Alt may be administered in each of the following situations:
• A student with a severe emotional, behavioral, or other disability is unable to maintain sufficient concentration to participate in standard testing, even with test accommodations.
• A student with a severe health-related disability, neurological disorder, or other complex disability cannot meet the demands of a prolonged test administration.
• A student with a significant motor, communication, or other disability requires more time than is reasonable or available for testing, even with the allowance of extended time (i.e., the student cannot complete one full test session in a school day).
MCAS-Alt consists of a portfolio of specific materials collected annually by the teacher and student. Evidence for the portfolio may include work samples, instructional data, videotapes, and other supporting information.
I don’t know much about Charter Schools.
Charter schools in Massachusetts are required to administer the MCAS (and MCAS-Alt, where applicable, as well). I believe they have exemptions around teacher licensing. They also are handled dramatically differently when it comes to school “turnaround” efforts; scores that would send a district public school into turnaround status are given extension after extension by the state.
Melissa is correct in what should be done. However, in my district, we were told we might be over accommodating since our SPED scores were higher than they should be (??). Now, we are not allowed to put any testing accommodations on the IEP unless the child is unable to decode a all. My elementary school has 800 students and 25% are on IEPs. Some have severe learning disabilities. Not ONE is allowed an Alt assessment. Teachers have tried to advocate for them but have been threatened.
Bullying teachers into silence and submission is THE fundamental problem with public schools. Those who know what’s going on, and try to advocate for “a better way” on any issue are harassed into either leaving or being silent. Tenure really doesn’t provide job security (that’s an urban myth). Silent obedience does. Over the past few decades open community involvement and debate have disappeared from our public schools. “The Bureaucracy” runs the show, and poorly at that. I would prefer that we fix this public school problem (lack of democratic debate coupled with Machiavellian tactics to kill any opposition) rather than channeling taxpayer money to charter schools. However, until we start addressing this problem (the fundamental reason why so many excellent students, teachers, parents and community volunteers have jumped the public education ship in favor of the charter school dingy) the charter schools provide an important educational alternative.
You are exactly right. I have experienced it and watched my thriving public school destroyed.
Hey! So here is the info on NJ:
Charters: yes, they must take statewide assessments: http://www.nj.gov/education/chartsch/PerformanceFramework.pdf
However NJ is still piloting new evaluation, so I cannot find evidence that they will or will not be exempted.
Students with special needs: yes, they must take the tests unless they are “severely disabled”
High School Proficiency Assessment ( grade 11): https://www.measinc.com/nj/Downloads/NJHSPA/NJHSPA_DTC_Manual_March_2012.pdf
NJ ASK (grades 3-8): yes, all must take, unless “severely disabled”: https://www.measinc.com/nj/Downloads/NJASK/Presentations/NJASK_3-8_DTC_Manual_Spring2012.pdf
Students with severe disabilities: must take the Alternative Proficiency Assessment which is a portfolio based assessment: http://www.state.nj.us/education/assessment/apa/
And here are the guidelines of how one qualifies for APA: http://www.ntuaft.com/TISE/Standards%20based%20assessments/Alternate%20Proficiency%20Assessment/APA/guidelines.pdf
LEP Students: must also take. Here is the info: http://www.nj.gov/education/bilingual/policy/lepacc.htm
In PA, 1. all students take the same test…ESL, SE, charters. Only the lowest SE students are allowed a PASA test. Www. pasaassessment.org. There was a PSSA-M for moderate SE students that was discontinued by the present administration.
2. Charters take the same test. Secretary of Ed Tomalis tried to lower the AYP threshold for charters and was rejected by USDOE.
3. Charters are exempt from the teacher evaluation system which requires 50% evaluation based on test scores, exempt from required teaching certificates, are not required to keep fund balances less than 8%…they can earn and save even more than their operating budgets. Cyber charters receive the same funding as brick and mortar.
1: The alternate test disappears with the Keystone exams that high school students need to take to graduate starting with the class of 2014. (PSSAs are no longer given in high school.) The retest & portfolio review option remains, but they are options for all students who perform poorly, not just special education students.
2: (no additions to SuptLisa’s info.)
3: Charters do not have to accept all students, regardless of their needs, abilities to achieve, etc. Therefore, their test results may skew higher than nearby traditional public schools who must accept & educate all students. Districts are required to provide transportation to all students attending charter schools, even if the district does not provide transportation to its own students. (A district that does not provide transportation to its own students is not required to provide transportation to students attending private & parochial schools.)
I forgot to include that students may have accommodations in their IEPs for additional test time or alternate test location. They just cannot take a different test.
GET ME OFF THIS WEBSITE….what in blazes is going on that one can’t unsubscribe? Are you people crazy?
Please unsubscribe yourself. That is not my job.
Hello,
We are spending our precious time on this site because public education, the very foundation of our democracy, is under siege in this country.
We are educators, parents, superintendents, principals, school nurses, guidance counselors, school board members, state superintendents, business persons, legislators, physicians, council members and concerned citizens rising up against the corporate for- profit take-over of our children’s minds and futures.
We are not crazy, BUT… we ARE COMMITTED to academic freedom and educating our children so that they are able, with professional instruction, guidance and support… to build secure, successful and safe futures in a community where they contribute and feel a sense of emotional connection, support and belonging.
And that is why we are here…
And that is precisely why our numbers are growing.
And I am grateful for this site because it is paramount that we are connected in this common cause we all share…
And that we take action… together.
Dear Artws@aol.com,
An angry (and admittedly slightly unstable) young man once burst into my classroom during a lesson and disrupted our work by loudly demanding that I stop everything to provide a new hall pass that he should have requested during homeroom that morning. I’ll tell you what I told him (because the same would seem to apply here):
1) I hear you. I can see that you’re upset.
2) I know you need my help.
3) Think: You want something from me, and yet you’re yelling at me. That’s not the best way to gain my cooperation.
4) Let’s start over. Take a deep breath and then calmly explain what you need and why.
Since you, Artws, are not a student standing right in front of me, I won’t wait for the “do over” portion of that sequence today. Please just remember to ask for help (whether here or anywhere else) more kindly in the future.
At the end of each email message you receive from the blog, there is a link which clearly says “Unsubscribe or change your email settings at Manage Subscriptions.” Just click on that link within your email message and then make any changes you desire. Hope that helps!
Love this!
Diane – I am in New York State. The children that have IEPs do take the standardized tests. I have had Autistic children with IEPs who read two years behind their classmates take these tests. They are given test modifications as per their IEP such as time extended, directions clarified ; test administered in special location but the truth is that even with these modifications the child shutdown and cries. Their scores are usually a 1. What is happening now is; unfortunately, teachers do not want these students in their classrooms because they have an impact on the teacher’s growth scores. Imagine what happens to a teacher’s growth score when there are five students in a class who have IEPs.
We also have children who were born addicted to crack and cocaine with IEPs.
They present an unusual set of learning problems to say nothing of behavioral issues.
I am quite surprised that the parents of special education children have not been incensed by the administration of standardized tests to their child. I have direct experience with children having meltdowns during testing. I can imagine how damaging this is to their confidence and self esteem. How discouraging and Cruel. My very best teachers have had students with IEPs have a negative affect on their growth score. Tell me how that is fair and / or humane.
Marge
In Nebraska, SPED students take the same test except for those with the most severe handicaps (approximately 1% of the total student population). These students are administered the “alternate” assessment. No charter legislation in Nebraska, so #’s 2 and 3 don’t apply here.
Dr. Ravitch,
Yes, I’m the Alice Gottlieb from Dalton. I’ve been in public school for many years, am know an Asst Supt for Instruction, and am a zealous follower of your blog. I applaud your work.
I’ll answer your questions for NY. Special Ed students need to take the same assessments, grade 3 through high school. The only concession from the state is a convoluted grade requirement for high school graduation. Special Ed students need to take 5 Regents, but can get credit with a 45 in one if they achieve 65 on the others. This does not apply to the English Regents.
Students in charter schools need to take state assessments, and follow the same regulations.
If there is anyway I can support your crusade, please let me know. What has become of public Ed in the past decade is unthinkable.
Thanks, Alice. I hope to offer some concrete ways to help in 2013.
Diane
Diane,
Yes please! We need concrete ways to help. I believe there are many willing to fight and will do so if they have direction.
I am looking forward to your help in 2013.
Texas:
1. All students are required to take the TAKS (now STAAR) tests, but can take a modified version or be exempt if they qualify with their IEP.
2. and 3. There is some legislation in the works regarding charters in Texas. I have read the proposed policy and it is vague at best. Charters are required to give the same tests, but they are NOT required to accept the same children into their school, even though they claim to be public schools.
The proposed policy is here if you are interested: http://www.capitol.state.tx.us/tlodocs/83R/billtext/html/SB00115I.htm
It is VERY hard to qualify for that modified version. You have to be functioning “multple years behind grade level” among other things. If your child makes progress enough to handle curriculum with few modifications, they take the regular test. I have never heard of a IEP that would give an exemption, but if that is possible, tell me how to make that happen!!
To get the modified version the student almost always has to have a visual or aural skills limitation (in many cases the students were born with these conditions and they are not disputed). To qualify otherwise is difficult, you are correct. From my somewhat limited experience quite a bit of parental pressure helps, otherwise it seems students are discouraged from taking the modified test.
In Michigan special education students are required to take one of three state exams; the MEAP (all gen Ed kids take it), MEAP Access(an alternative to the MEAP, if deemed appropriate), or MIAccess ( an alternate test for very low functioning students. However, if too many special Ed kids take an alternate test (more than 2% of the special Ed population in the school), they are considered as “not tested” and therefore bring the overall district score down.
Hi Diane–
Nebraska reply to your questions.
All special education children must take the state mandated grade level tests. IEPs permit modifications in how the tests are administered. A teacher could read the test to a visually impaired child. Even the children who are severely and profoundly mentally disabled must take these tests and their scores are included in the school and distinct scores.
It is like children without legs being expected to kick field goals and receiving a field goal kicking score.
Nebraska does not have charter schools so other questions do not apply.
Last week the Omaha World Herald quoted a senator who said he might introduce a charter bill for Nebraska in January when the legislature convenes. Will let you know.
Phil Kaldahl Nebraska
________________________________
I can only answer one of your questions. In my state of TX special educ. students are tracked into different forms of the state tests. A lot of students with learning disabilities or emotional problems do have to take the regular test because they closely watch the number of students placed in sp. ed. These children handle this stress in multiple ways. Anxiety, crying, anger, shutting down, sitting there numbly trying to bubble in things they do not understand or can not read. Administrators usually track these kids into a “small group” administration where they can be put off in a room with just a few students and an adult so that they do not “disturb” the rest of the kids taking the test with their behaviors.
Some students who have gone far enough down the RTI path can be given a “modified” test. Which I have not administered but have heard that it is not much different than the original version, it may have fewer answer choices.
I teach a Life Skills spec educ class where the students are given what is called now in our state the STAAR ALT. If you google STAAR ALT resources it brings you to the Texas Education Agency website where we access the materials and voluminous directions, etc. http://www.tea.state.tx.us/student.assessment/special-ed/staaralt/
Students in this category all have significant handicapping conditions but none get by the state mandates. If they are of a testing grade age, say 3rd grade then I have to give them what is called the STAAR ALTERNATIVE TEST.
On the TEA website you can find the exact tasks that are given. We sit through days and hours of training and then must take tests after listening to hours of modules on the computer from Pearson. When I first got into this I thought surely this was a joke. That any minute someone would say we do not go thru all of this to torture poor kids who are cognitively disabled. But it is what happens.
I have to determine what level of testing, there are three. 1- being students who are medically fragile and who do not respond at all. You still have to administer and write up this huge process saying what all you did to try to administer it to them and how they “responded”.
It ends up being this huge writing exercise for the teachers. Each child has to do 4 activities in each tested subject, with each activity taking four pages of writing to document not counting dreaming up the activity, making it and then administering it. So if it is a 4th grader that is reading, math and writing which is about 40 pages of documenting per student. I have 12 students in my class, 8 of which have to take STAAR ALT so you do the math. I have this huge binder where I work on it for months. It takes me completely away from interacting and teaching my class. It is causing anyone near retirement age to leave and many young people are finding another career.
It is just too hard to spend that much time on something that does not benefit anybody.
STAAR modified has:
1. One less answer choice (3 instead of 4 choices)
2. Larger font
We have heard from distraught parents who are finally standing up to all of this useless bullcrap. They realize now that the only option left is to keep their kids home on testing days. Parents have a duty/obligation to protect their kids from these harmful practices. We hope more will join the Opt Out Movement in 2013.
I live in ND.
1. We have 3 options for students with special needs on IEPs:
A. Take the regular assessment with or without accommodations (a list of acceptable accommodations that will not invalidate the test is provided);
B. take the Alternate Assessment II, which is a version of the assessment that is administered on the computer rather than traditional full in the bubble paper-pencil test and is approximately one year below the student’s grade level; or
C. Take the Alternate Assessment I, which is a test based upon the student’s individual needs and goals as outlined in the child’s IEP.
(I may have the one and two designations for the assessments mixed up, but you get the idea, right?) Also this is how we in ND have assessed our state standards. Not sure what will happen under CCSS.
2. & 3. Charter Schools are illegal in ND. So far.
Ohio Report:
• IEP students who are NOT on alternate curriculum must take all standard Ohio Achievement Tests – Alternate Curriculum is modified curriculum for students who are 3 or more years below grade level. (see details below)
• All ESL students must take Ohio Achievement tests if they have been a resident of US for 1 year or more (ESL – English as Second Language)
(imagine moving to China and having to take the Bar exam in Chinese 1 year after moving there)
(or, better yet, how about ALEC meeting in China, where no interpreters are provided for English speaking ALEC members who have lived in China for a year?)
• Not sure about Charter requirements, will look into it and get back to you.
FYI, further details below:
Testing procedures and accommodations for IEP students:
• Each IEP student is allowed the accommodations listed in their IEP document (per IDEA – Individuals with Disabilities Act~ Federal/State law)
• Sample accommodations for IEP students: small group, reader, extended time, breaks as needed (accommodations decided upon by IEP team in yearly IEP meetings – specific to each student’s case)
• IEP students whose present levels of academic performance are 3 or more years below grade level are placed on an ALTERNATE (modified curriculum), such as a “life skills” based curriculum.
• IEP students on Alternate Curriculum must complete “Alternate Assessment Portfolio” to fulfill state Achievement tests requirement ~ massive amounts of work for their Intervention Specialists to compile.
I also want to note that Ohio is changing its High School exit exam. Nobody seems to know what form the new test(s) will take, let alone what provisions will be made for IEP students. We are being told the new test(s) will be much more difficult than the old set of exams.
Up until now, it was possible to have a student “excused from the consequences of not passing the OGT,” if he met certain criteria, as outlined in Section 12 of the IEP form, “Statewide and Districtwide Testing.” This is the section where the accomodations Maureen describes are listed.
In Minnesota, special education students are not exempt from the tests. In high school, where writing, reading and math are tested and proficiency is required for graduation, the special education students with IEPs are required to take the tests three times. If they do not pass by then, they receive a certificate. There also accommodations made u dee the IEPs for testing.
Charter students are required to pass the tests for graduation.
I don’t know about exemptions overall for charters.
Wisconsin:
SPED students are required, with accommodations based on IEPs (http://oea.dpi.wi.gov/oea_accommtrx). By state statute any student/family may opt out of grade 3,8,10 testing and individual districts may allow opt out in other grades with the exception of the new kindergarten screener.
Charter schools must take and report state tests. Voucher schools are more complex, with some exemptions from state accountability measures.
Exemptions from state regulations and mandates for charters vary greatly and are granted by the chartering authority (mostly districts, but also the city of Milwaukee and some UW campuses) via the charter contracts.
I add to the Wisconsin story two articles that show how voucher schools get special treatment under Wisconsin’s new school accountability measures.
http://www.jsonline.com/news/education/proficiency-plummets-at-voucher-schools-mps-with-new-test-scoring-d27b2oi-175697171.html
http://www.jsonline.com/news/education/accountability-plan-missing-in-school-legislation-3n44ugm-139068914.html
The exemption on accountability was payback by Gov. Walker to his free market supporters who are intent on tearing down traditional public education in Wisconsin for publicly-funded, privately-run schools.
http://www.jsonline.com/news/wisconsin/leaked-documents-detail-operation-angry-badger-u447pp9-139483133.html
Illinois:
#1 All students must participate in the ISAT/PSAE, with or without accommodations, unless there are significant cognitive disabilities; those students may take an alternative state assessment. Here are the participation guidelines
Click to access partic_guidelines_pres.pdf
#2 It APPEARS charters are required to give the “same standardized tests as the authorizing district” but I cannot confirm. I am basing this interpretation on this document
Click to access biennial_rpt_09-10_10-11.pdf
#.3 Charter flexibility/exemptions. Page 25 of this document http://www.isbe.net/charter/pdf/87-13_charter_school_rpt_info.pdf
Identifies the flexibility the charter is allowed.
The data from these reports appears to have been gathered from this document
Click to access 87-13_charter_school_rpt_info.pdf
I found this information of the Illinois State Board of Education website.
http://www.isbe.net/charter/default.htm
Good luck!
HI Diane, Thanks for all you do!
Pennsylvania: Yes, special ed students are required to take the same grade level state tests. There is also a special test for students who are most severely handicapped. And yes there are exceptions based on IEP’s but they are fairly limited in their impact. Generally most students with IEPs do have to take the PSSA’s at grade level. As a former school district administrator, I don’t think this is a bad thing. I have seen far too many IEP students for whom expectations are incredibly low. Special ed students can learn, they may need to have different opportunities to learn. Again, I have seen far too many kids being taught nothing under the excuse of they are special ed. I think holding them accountable to the grade level expectations can help improve the chances that somebody will teach them something. They can learn and they can learn at grade level but they can’t learn much if no one ever tries to teach them anything. Also the content of the PSSA is not challenging. Keep in mind how we used to treat Down’s syndrome kids, institutionalized with no expectations, now they are even actors.
Yes charter school students must take the state test.
I don’t know what other requirements that charters are excused from but financial accountablity must be one. These charter operators – for the most part – are making a fortune and typically on the backs of our neediest students.
Good luck with your study.
Hope Yursa
Hold for Maryland, Diane. Things are changing this year and I contacted our state department for the current information. They are getting back to me via email.
All students in the state of Maryland (including those with special needs, even if they are not seeking a high school diploma) must take the Maryland State Assessment. For those with Individual Educational Plans that specify, they may take the MSA Alternate. Basically, instead of 4 multiple choice items, they will have 3 to choose from and the MSA Alt. is taken on the computer.
In previous year, the state of Maryland has also offered the MSA Mod. Which was designed to assess students with significant learning challenges. It was more performance based and student data was collected over a period of time. The MSA Mod. Is no longer an option for 2013.
I am still waiting to hear from our state department of Ed. about the charter school information. The current information on their website is outdated.
All students in the state of Maryland must take the Maryland State Assessment in grades 3 through 8. High school students take the HSA’s. Students with special needs may take the MSA Alt. Basically, instead of 4 multiple choice items they would have to choose from among 3 . The MSA Alt. is given on the computer.
I am still waiting to hear from the folks at the state department of education regarding charter schools. The information that is currently on their website is outdated.
Re Pennsylvania:
I will email a PDF of the 60-page document all Pittsburgh Public School teachers had to sign, “Accommodations Guidelines: Keystone Exams, PSSA, Pennsylvania Department of Education, Revised 10/31/2012.” (PSSA is our state system of tests).
The first 17 pages of this document discuss students with IEPs and ELL students. The bottom line is expressed in the title to Part 1 “Expect students with disabilities to achieve grade-level academic content standards.” In addition to eliminating the PSSA-M (ie, modified) test that had been available for students with IEPs until now, here’s the text of the first page:
“With the focus of legislation aimed at accountability and the inclusion of all students comes the drive to ensure equal access to grade-level content standards. Academic content standards are educational targets outlining what students are expected to earn at each grade level. Teachers ensure that students work toward grade-level content standards by using a range of instructional strategies based on the varied strengths and needs of students. For students with disabilities, accommodations are provided during instruction and assessments to help promote equal access to grade-level content. To accomplish this goal of equal access,
* every Individualized Education Program (IEP) team member must be familiar with content standards and accountability systems at the state and district levels;
*every IEP team member must know where to locate standards and updates; and
*collaboration between general and special educators must occur for successful student access.
All students with disabilities can work toward grade-level academic content standards and most of these students will be able to achieve thse standards when the following three conditions are met:
1. Instruction is provided by teachers who are qualified to teach in the content areas addressed by state standards and who know how to differentiate instruction for diverse learners.
2. IEPs for students with disabilities are developed to ensure the provision of specialized instruction.
3. Appropriate accommodations are provided to help students access grade-level content.”
I am not a special ed teacher, and I hope learning support teachers from PA will add their insights and opinions.
I do want to add, though, that as school funding has decreased, so, too, have services for our most needy students, including but not limited to students with IEPs. Many struggling students now find themselves with far fewer supports than they previously had, and needed. “Mainstreaming” is occurring without supports to the many students who now find themselves in large classrooms with no aides, with teachers who struggle to modify/scaffold work for them and to offer them the kind of encouragement and supports they need, and formerly got from learning support teachers who now have loads far too large to allow for the attention each student deserves. In this atmosphere, to eliminate the PSSA-M test, and expect all students to test on grade level, smacks of disdain for these children. In my opinion.
Thank you for doing this survey work for us.
Kipp Dawson
Pittsburgh, PA
I am a special education teacher in Virginia. In VA special education students with IEPs take the same SOL (Standards of Learning) tests as the other students do. The only exceptions are students who can not successfully pass a multiple choice assessment but can achieve on alternate assessments and take the VGLA, a portfolio collection of students work – this is rare. VA also has some alternative tests for ID students, but all students take some form of state mandated testing.
In MN the state NCLB test is called the MCA. Most special education students take it. There is also the MCA-Modified which is hard to qualify students for, so most just take the MCA. The Modified is at grade level but has the reading broken down into shorter sentences and passages. The format is easier, not the materials. Some special ed. students, less than 1%, may take the MTAS if the IEP team decides that it is appropriate. My students with severe and multiple disabilites take the MTAS. It is individually administered. There is a question about a squirrel that cracks me up because I am pretty sure that none of my students know what a squirrel even is, let alone anything about its habitat. I am probablly not supposed to disclose that info, but the MTAS is not really appropriate for my students, it merely allows them the opportunity to participate in testing. As if they or their parents care. The only way to not take the MCA or MTAS in MN is to Opt Out or just not show up on testing days. Charter Schools in MN also use the MCA. They typically don’t enroll many special ed. students. Many students that end up in charter school special ed. do not require special services in real public schools. There was a big incident this past summer where a charter, the MN School of Science (or something) kicked out all the special ed. students because it was beleived that the special ed. students’ test scores skewed the schools results dramatically. http://www.tcdailyplanet.net/news/2012/07/24/cityview-leaves-north-minneapolis-special-education-students-behind I hope this helps.
In NJ, special needs students are not required to take the HSPA, but this requirement is based on their IEP. For instance, some students can take an alternate test, but others simply get extra time. Still others only have to sit the test, but do not need to pass it.
Testing in California is covered here: http://www.cde.ca.gov/ta/tg/sr/
Alternative tests for students with IEPs include the CMA (California Modified Assessment), and CAPA (California Alternative Performance Assessment). I don’t know much about the CAPA, but I’ve administered the CMA.
CMA: Shorter passages, only three multiple choices for answers, fewer questions, questions/answers on same page at the passages they referred to, more time to complete. I was administering it in the first few years it was available (~2007-2010), so there was some variation in the test at that time. Only students with an IEP (maybe a 504) scoring in the two lowest test-bands can take the CMA. Once they get Proficient for two years, they have to return to taking the general ed assessment (California Standards Test).
CAPA – I’m not as knowledgeable about this test, the only thing I know is that it’s for students who cannot do the CMA. The site above has blueprints, etc.
Charter schools do have to administer these tests, as they are part of the state accountability system and are subject to NCLB (AYP) and state accountability measures (API – Academic Performance Index), which is how some are now in danger of being shut down, http://www.calcharters.org/blog/2012/11/ccsa-joins-nationwide-call-for-closure-of-under-performing-charter-schools-and-expansion-of-high-qua.html.
The group I’m not so sure about it Non-Public Schools, or schools that serve special needs students under contract to districts. These are small specialty schools usually focusing on a particular diagnosis or behavior. http://www.cde.ca.gov/sp/se/ds/npsacrtapp.asp Once year when I was picking up test packets from the district office, I saw them bundling CAPA tests for distribution to NPS schools, but that’s all I’ve seen as those schools are pretty much off the radar. If someone has information on that, it’s likely more reliable.
Students are required to pass CAHSEE (California High School Exit Exam) including a test of Algebra with minimal accommodations, and cannot get a High School Diploma without passing. This was a source of controversy for the Special Ed community when the tests premiered around 5 years ago.
Agree with what is posted above about MA, with the note that it is *extremely* difficult to establish the need for an alternative to the MCAS. Even kids who have psychiatric disabilities substantial enough to require full-time placement in a separate school can and do take the regular MCAS with accommodations to keep them calm (extra time, private room, familiar tester, etc) — I worked in such a school, and all of our students were in that boat. The regulations are pretty clear that the alternative or portfolio options are only for really really really out-there cases.
Agree with what is posted above about MA, with the note that it is *extremely* difficult to establish the need for an alternative to the MCAS. Even kids who have psychiatric disabilities substantial enough to require full-time placement in a separate school can and do take the regular MCAS with accommodations to keep them calm (extra time, private room, familiar tester, etc) — I worked in such a school, and all of our students were in that boat. The regulations are pretty clear that the alternative or portfolio options are only for really really really out-there cases.
Agreed. And they are an enormous amount of work for the teachers involved.
A brief overview of Georgia.
1. In your state, are special education students required to take the same grade-level tests as regular students? Are there exceptions based on IEPs?
Georgia SPED students may take the regular CRCT, the CRCT-M (grades 3-8) or, for those with severe disabilities, the GAA which is a portfolio-based assessment.
2. Are charters in your state required to administer the state tests?
All state approved charters must administer CRCT
3. In your state, which state regulations are charters exempt from?
“Georgia law provides that charter schools can request blanket waivers from state and local rules and regulations (in exchange for accountability promises), or negotiate individualized waivers. It allows charter schools to seek waivers from teacher certification requirements as part of overall waivers.” http://www.publiccharters.org/law/ViewComponent.aspx?comp=16
As far as I know this is still correct. Waivers are flown all over the place. The worst, besides non-certified teachers, is class sizes approaching 40 in Gwinnett County.
A Nov. 6 amendment, which passed, now gives the state more power over approval of charters including taking local money. The wording on the ballot “Provides for improving student achievement and parental involvement through more public charter school options” was misleading at best.
http://ballotpedia.org/wiki/index.php/Georgia_Charter_Schools,_Amendment_1_(2012)
Georgia does not require all teachers be certified in charter schools. SPED requirements seem to be upheld at federal levels.
http://nichcy.org/publications/charters
Oregon –
All students are required to participate in the OAKS (Oregon assessment of knowledge ans skills) testing. IEP students are provided accommodations such as testing individually, having items read to them if not a reading test (math, science), testing in small group setting,…. . We are told that OAKS tests are leveled for students, based on how they are answering questions, but since we are not allowed to see testing items or help students in any way, that would be impossible to verify. Regardless, as with most standardized testing, the cut scores are based on normed scores, so there will always be a number who fail, and are placed in intervention classes based on those scores.
For those students who have a disability that impacts their ability to independently take the test, they participate in what is called the “extended assessment”. In or district we are full inclusion for sped and ELL students.
A special ed teacher in my building explained it to me last year. For example, a student who is incommunicable, will take the test, one on one, with a special education teacher. The teacher reads the question, gives the item choices. If student doesn’t respond, teacher reads question again, provides choices, guides student’s hand to page. If student doesn’t respond, teacher reads question again, gives choices, guides hand to choices, and continue to guide student to correct answer. Each item is presented in this way, providing the student with a higher level of assistance to “respond” to the questions. Each extended assessment can take hours. At the end of the test, these students show that they pass the test, which provides schools with the ability to show that they tested 100% of students. These are students who will not graduate high school with a regular diploma, they will have a modified diploma which will not count in graduation rates.
Diane- Respective to Michigan the answers to your questions are the following:
1. Students with an Individualized Education Program (IEP) are mandated to take district, state and federal (NAEP, ACT) assessments based upon the decisions made by the IEP team (yes, parents are a member of the IEP team). In MIchigan the MEAP is our state assessment given to students in grades 3-9 (9th grade is only Social Studies), and in the 11th grade (can be given in the 12th as permitted by the school district) students are given the MME-ACT. Michigan has an “alternate assessment” the MI-Access (Functional, Supported Independence & Participation);and a “modified” assessment, the MEAP-Access. The convoluted truth in MIchigan is that this state has been out of compliance since President Bush signed the No Child Left Behind and the last reauthorization of the Individuals with Disabilities Education Act (IDEA 2004) as too many students with IEPs are given the MI-Access. In theory only 1% of students are allowed to be assessed with the MI-Access although the U.S. Department of Ed gave their blessing to increase this to 2%. Still, Michigan is far over the 2% and the U.S. Department of Ed and Office of Special Education Programs continues to do nothing to enforce this special education indicator in our State Performance Plan. The MEAP-Access is in its second year after a failed first attempt four years ago (student scores were invalidated and parents were not told). This assessment is only supposed to be used with students that have an IEP and have learning disabilities. If a student is given the MEAP-Access his/her IEP must have “annual goals and short term objectives (no fewer than 2)” that are aligned with our Grade Level Content Expectation Standards or the Common Core Standards, but no one at the MDE or OSEP audits or monitors and countless IEPs are out of compliance. The MME-ACT is given in the 11th grade but districts can give this to a student in the 12th grade. Many districts refuse to do this and parents of students with IEPs don’t even know it is an option. So what is the reality in Michigan? As an educational advocate I see hundreds of IEPs for students with learning disabilities, ADHD, emotional impairments and anything but a Cognitive Impairment, Severe Multiple Impairment, or Traumatic Brain Injury, with IEPs that document the Mi-Access, and why? Simply because the districts don’t want to risk their MEAP scores and depending upon how many students the district has with an IEP they don’t have to count students that take the M9-Access. What is outrageously comical is when I see IEPs that document the Mi-Access but also document the district assessments given to children without an IEP. I actually have special education administrators and teachers that say in front of me to a parent that it does not matter if their child takes the MEAP and is given the MI-Access because the standardized district assessment will be given. The brutal truth is that when a child is given the MI-Access that child is taken off of the diploma track and is not required to learn the grade level benchmarks.
2. Any charter that accepts one-penny of state and/or federal special education funds is mandated to give the state assessments but again, no one at the MDE or OSEP is guarding this sick-Hen House.
3. In MI charters and the EAA can pretend to exempt from state regulations mandating standardized testing but this is nothing more than an OCR complaint or federal lawsuit waiting to be filed.
The urban legends surrounding charters and academies pursuant to IDEA and Section 504, as well as the MI Administrative Rules for Special Education are growing to be legendary as too many parents don’t understand the state and federal laws. I have parents emailing me daily and as recently as today asking if charters and academies have to adhere to IDEA and the MARSE. My answer is always the same….Yes.
Marcie Lipsitt
Michigan
I’ve always wondered who is minding the hen house.I do know that the current MiCis system is meant to flag districts that are out of compliance. How aggressive are they about actually enforcing compliance? They’ve tried to actually find districts who are suspending students at high rates but nothing seems to happen to them. I do know that many charters have far fewer IEP students. I’ve worked in one and the average percent yearly appears to be 8-9% of the student body. Far lower than most public districts in the state. I’ve also been told that lower-performing IEP students in the inner city areas are in the public schools. I do know that charters expell the IEP students quite frequently and typically their only option is to attend a DPS school.
TX
1a YES 1b No
2 YES
3 None
1.wrong
2.wrong
3.wrong.
See my post above for what happens in TX. How can you say there are no charters? They are everywhere.
Yes, IEP students are required to participate in state tests in Washington. Their parents can opt them out, but it would mean a zero score for the school. There’s a long list of accommodations for selection on the IEPs’ including small group/individualized testing, passing at a level 2 in academic areas of specially designed instruction (SDI), reader for non-reading tests for those with reading SDI, scribe for those who absolutely can’t use their hands. Others have already mentioned how well passing a grade level tests at a lower level works for students who are significantly below grade level. The state tests are not timed. Students have to pass the 10th grade tests in order to graduate with a diploma. I think there’s an IEP certificate of completion, or there used to be. Maybe a high school teacher will come along and explain how that works.
There’s a portfolio assessment for the more severely disabled students. It is reputed to be incredibly time consuming and confusing to administer. I’ve heard that many of those students don’t pass, because the tests are academic, and these students are learning very basic life skills(responding to yes and no questions with blinks or nods, using a spoon, using a communication board to make requests), as per, their IEPs.
Probably very few people think of the burdensome logistics of individualized and small group testing for IEP and ELL students. Every ELL/IEP teacher and IA has to be used for testing. PTA or other parent volunteers are not allowed to train as proctors even if the group does not contain their child. Then there’s the question of where to put all those small groups. My school is bursting at its seams, since the closings of nearby schools and the opening of low income developments. There’s also the different testing schedules of different grades to consider. Figuring out the various small groups for the IEP students is also complicated. I have several students who may (will) become disruptive, and that will upset the others.
Another vitally important part to this story of testing ELL/IEP students in their small groups is that students in non-testing grades do not get served during testing times. I don’t think anyone ever really thinks about that.
Hi there! I am a charter school operations coordinator in CA. We have run a 340 student K-8 school for 18 years.
Special Ed isn’t my baileywick, but il try to answer as far as I know.
1). If the student has an IEP or 504, they take the test with the accommodations outlined in their plan (things like unlimited time, test read aloud, special location to minimize distractions, etc.) They take the same grade level test, but often take the CAPA instead if their IEP warrants it. These tests are usually administered by the resource teacher in small groups or individually.
2). I believe so, yes. But all parents can opt-out their own child.
3) too many to list. We are, however, required to adhere to Ed code.
Hope that helps.
I live in Louisiana, but cannot speak for that state. In Alabama we don’t have charters, so some of this does not apply. However, only in a very small percentage of cases are special education students allowed to forego state testing, according to IEPs. This practice is discouraged, because there is so much paperwork involved in the portfolio assessment that is required in lieu of the testing. Very few students are chosen for this assessment, because of the time required to prepare these documents. It is mostly limited to those with significant disabilities.
In Nevada special ed students take their grade level state CRT test. This includes non English speaking students, who take the reading test, as well as learning disabled students working on an IEP on skills below grade level. They will also be part of the test based student growth model for evaluating teachers and schools under the proposed reforms.
In Connecticut Special Education students are required to take the grade based standardized testing. There are some exceptions, both those put in place by IEP and those that qualify for modified test versions based on a state dictated (small) percentage of the whole population. For example, last year in a class of 220 students, 3 were given a checklist “test;” i.e. can the student identify the organelles found in a cell; and about 5 were given a modified CAPT (10th grade) test.
Students enrolled in charter schools are required to take the state’s standardized tests. Also only half the administrators/faculty in a charter school need to carry the appropriate certification. I do know that sending towns and cities are not required to provide transportation to charter schools, but are required to provide transportation to magnet schools. i’m not sure if there are other exemptions in place for charter schools.
In Oregon, students take the Oregon Assessment of Knowledge and Skills. This will be undergoing a change as we adopt the CCSS over the next couple years.
Students on IEPs take this test – at grade level. They do have an option of taking what’s called the Extended Assessment. Some IEP case managers will recommend this test to the team if a student is several years below grade level; some will use it for only the most severely disabled students, who would not be able to access the OAKS.
http://www.oaks.k12.or.us
http://www.ode.state.or.us/search/results/?id=178
In Utah, all students must take the CRTs (Criterion Reference Tests), which are the year-end tests in Language Arts, Math and Science. They also have to take the Direct Writing Exams in 5th, 8th and 11th grades. The only exceptions are for kids who are profoundly disabled. I think it is the lowest 1% of kids in the state qualify for an alternative assessment called the Utah Alternative Assessment (UAA).
Kids on IEPs can have a few accommodations for the CRTs, such as having the questions read to them or having more time. Those have to be specifically written into each student’s IEP or they won’t let them have those accommodations.
You didn’t ask about this specifically, but once a student has been in the U.S. for more than a year, they must also take all tests, even if they are still learning English.
Charter schools have to take the CRTs and have their school scores reported in the press just like public schools.
There aren’t official exemptions for charter schools for things like providing Special Education services, but the schools somehow get around having very many Special Ed. kids in their schools. The kids on IEPs who are at these schools tend to be resource and have just a few minor learning disability or speech needs. No one will admit this, but I think they’re counseled out or told that the schools don’t have the facilities or staff to help more severely disabled kids.
There are a couple of schools that specifically serve kids with disabilities, so they don’t apply to my statements.
In Utah, there are vouchers for special needs students to attend specific, disability focused private schools, particularly for autism. To my knowledge, there are only a couple of schools that qualify for those “scholarships.”
Oh! I forgot to mention that Utah is going on to some kind of “Computer Adaptive Testing” in the next year or so (that passed our State Legislature last winter), so some of this may change. All of our CRT testing and writing testing are already done via computer, which means that we have no access to the Library or Computer Labs at my school starting in mid to late April through the end of the year. We also are not allowed to take students out for field trips or any other things like that any time during the testing windows.
(1) In Los Angeles, special education students are required to take standardized tests according to what their IEP states. For example, a special ed. student may take the same standardized test as regular education students take unless the IEP specifically states what specific testing accommodations are to be made, such as taking a test at another grade level or by certain subject areas. There is also the CAPA (California Alternate Performance Assessment) test which is an alternate test especially designed for special education students.
(2) Yes, in CA, charter students are required to take California Standardized tests and results of the test are published in the Los Angeles Times.
(3) Q.1. From what laws are charter schools exempt?
Charter schools are generally exempt from California State laws governing school districts, except where specifically imposed by California Education Code (EC) Section 47610 (Outside Source).
Some of the laws with which charter schools must comply are:
State and federal constitutions. The California Charter Schools Act (EC Section 47600 et. seq.) (Outside Source). All federal laws (e.g., Individuals with Disabilities Education Improvement Act, Americans with Disabilities Act, and the Rehabilitation Act). All laws that are a condition of funding for a specific program for which the charter school chooses to participate (e.g., No Child Left Behind [NCLB] Act of 2001). Laws establishing minimum age for school attendance. Laws governing nonclassroom-based programs (whether defined as independent study, home schooling, distance learning, personalized learning, or virtual). Educational Employees Relations Act (California Government Code Section 3540 et. seq.). (Outside Source) State pupil testing programs (e.g., Physical Fitness Test, Standardized Testing and Reporting, California High School Exit Examination, California English Language Development Test. Specific provisions of law related to teachers’ retirement and employee relations.
Let me know if there is something else that I can help you with.
Segalit (Sigi) K. Siegel
(cell) 310-367-8858
Hello Dr. Ravitch,
In GA:
I can only speak with first hand knowledge to question 1.
In Public High Schools: Special Education students (and ESOL students…even those FOB) must take the exact same high stakes tests as regular (and gifted!) students. The scores count the same toward (or against) the school for AYP. (My county has just gone RTTT, and it is our understanding that SpEd and ESOL scores will count for or against the teacher as opposed to the school…but who knows, the process seems very opaque.)
The SpEd and ESOL students are allowed accommodations according to the IEP or ESOL level. These include things like; extended time (Time and a half or double time), small group setting, having questions read aloud or in the case of ESOL use of a word to word dictionary (These are basic translation books, they do not give definitions …a year or two ago we had some poor kid struggling mightily to understand a question about how a number on a graph “rose”…the little word to word translated rose not as a tense or rise, but as a flower.)
By the way…these tests (End of Course Tests… EOCT’s…) also are mandated to account for 20% of the child’s grade in the class.
I will try to look into the charter school question.
Thank you for all you do!
Ang
I’ll have to look into my own state. In the meantime, this is a link to a guest post on my blog from an Illinois sped teacher all about high-stakes testing of sped students there:
http://allthingsedu.blogspot.com/2011/07/restrictive-and-inappropriate-how-high.html
Please read the comments, too.
In NYC they do take the same tests, but are given more time and sometimes a special setting. Depending on their IEPs, test questions can be read to them.
In Fl ESE take the FCAT with accommodations (math can be read as well as science. – they must do reading on their own) . If they had profound disabilities, they take an alternative assessment.
In Missouri:
1. All sped students except the severely cognitively impaired (I believe it’s 1%) take the same test as the gen ed kids. The severely impaired kids take an alternative assessment which is individually designed for each student. Other sped kids get accommodations as outlined in their IEP. Those are typically: extended time limits, all tests except Reading test can be read aloud to them, teacher scribes for them, and some kids can use calculators.
2. Yes, charters take the same test.
3. The biggest difference is in how charters get their state aid. They report an enrollment number to the state in the fall and get their funding based on that number. Traditional public school districts are required to report average daily attendance periodically (not sure how often, I think quarterly) and are given state aid based on that attendance data. Charters do not have to give money back if they lose kids. So the day after they report their numbers to the state, they can and do start kicking kids out. We have a state senator who has tried to change this policy for years but her bill never gets anywhere.
Connecticut:
Although procedures might have changed since I retired as a Special Education teacher 2 years ago, all special education students are given the CMT/CAPT at their grade level. (We used to give an off-level assessment which was much more humane and caused fewer tears and frustrations.) They usually have accommodations (extended time, alternate setting, reader for math, etc) which are determined during the PPT process and documented on their IEP.
CT also has 2 alternate assessments: the Modified Assessment System (MAS) and the Skills Check List. The MAS is only administered in math and reading. The CMT/CAPT MAS is a modified test designed to be more appropriate for those special education students whose disability would preclude them during a given school year from achieving grade-level proficiency on the standard test. The student(s) complete the test themselves, again with accommodations specific for each student.
The CMT/CAPT Skills Checklist is designed exclusively for special education students with significant cognitive disabilities. The Skills Checklist is a working document that teachers complete throughout the school year. It was designed to be used with approximately 1% of the student population. The students assessed with the Skills Checklist do not participate in any testing that they would complete themselves.
CT special education students, with the exception of those taking the Skills Checklist, also take the NAEP.
In Louisiana the rules are changing by the day. Sped students here take the same tests as all other students. Testing accomodations can be put in place by IEP committee. A small percentage can take an alternate assessment by IEP decision. Fourth and eighth grade are high stakes, meaning if you don’t pass the state LEAP test, then you repeat the grade. Needless to say, many of our SPED students end up repeating both grades. They end up entering high school two or more grade levels behind peers (and two years older). The new charter and voucher school testing rules are complicated, so I’d rather not comment on them. That’s all I know.
In Oklahoma, special ed students have to take the same tests. Charter school students do as well. Private school students don’t, however. This is one of the bones of contention with the “scholarship” available for special ed students to go to private schools. Parents love the option to use tax dollars to place their students in schools that they feel are more responsive to individualized instruction.
No high-stakes tests for special ed kids? Pretty much every public school teacher and administrator would agree that’s a good thing. It’s one of the sins that politicians force us to commit.
In Florida ALL students are required to take the FCAT and soon the PARCC, as well as any applicable EOC exam. Charters and private schools are currently exempt from testing.
California – There is a modified version of the state standardized test. But kids with IEPs usually don’t take it until they’ve gotten low scores on the “normal” one for awhile.
Charter schools do have to administer the state test.
Here is a link to California’s section on charter schools. I know that some of the Ed Code does NOT apply to charter schools, but I am not sure what parts specifically.
http://www.cde.ca.gov/sp/cs/lr/
ESE students are required to test according to chronological age and not on functioning level of IEP. The exceptions are few and far between. I am presently chair of a state ESE task force to get this changed by congress and have been fighting this for 3 years….we are finally making some headway….FLORIDA
Charter schools are required to administer the tests as well but most often ESE children are sent to the public schools for the testing or our trained staff is sent to thier homes. FLORIDA
I am not sure about #3 but will get this info and get back to you;+)
Indiana-
Per Indiana Code:
IC 20-32-5-16 Children with disabilities , p79
Sec. 16. (a) A student who is a child with a disability (as defined in IC 20-35-1-2) shall be tested under this chapter with appropriate accommodations in testing materials and procedures unless the individuals who develop the child’s individualized education program determine that testing or a part of the testing under this chapter is not appropriate for the student and that an alternate assessment will be used to test the student’s achievement.
(b) Any decision concerning a student who is a child with a disability (as defined in IC 20-35-1-2) regarding the student’s:
(1) participation in testing under this chapter;
(2) receiving accommodations in testing materials and procedures;
(3) participation in remediation under IC 20-32-8; or
(4) retention at the same grade level for consecutive school years;
shall be made in accordance with the student’s individualized education program in compliance with the ISTEP program manual and federal law.
I, and others can, logically argue that ISTEP and any other high stake, stress inducing test is NOT APPROPRIATE for my son with Emotional and learning disabilities or any child. The alternative assessments that I suggested were his grades, chapter tests, monthly writing samples, verbal reading skills and reading comprehension . “Compliance with the ISTEP program” does not override my and my child’s federally protected rights to a free and appropriate education.
However, I have advocated for my child, Opted him Out of ISTEP in the past and have it written in the notes section of his IEP “Mother reserves the right to opt child out of standardized testing.” I am the subject matter expert on my son in his IEP Case Conference meetings and reserve my right as part of his Case Conference Committee to determine high stakes testing are not appropriate assessments for him.
Here is the TEA link for the STAAR ALT in TX if you want to see the levels and the actual tasks and how much writing it is.
http://www.tea.state.tx.us/student.assessment/special-ed/staaralt/docforms/
From the 2011-2012 ISTEP+ Program Manual (under Tony Bennett): Violations of test security, pre-test activities, testing conditions, and post-test activities WILL result in license suspension or revocation of any school personnel involved under IC 20-28-5-7.
I understand why school administrators with licenses and teachers with licenses are scared for fear of losing their ‘livelihood’ of their license and job to go on record about their true beliefs about how damaging high stakes standardized testing has become. I have privately spoken, off record, to many administrators and teachers within the Indianapolis Public School District and would never divulge their identity. IC 20-28-5-7 is mentioned multiple times through the ISTEP+ Program Manual. The use of verbiage of “carelessly commit or permit a violation” is alarming to think that a teacher or administrator, fallible human beings, could lose their license and job after making a procedural mistake after reading the 125 page ISTEP+ Program Manual, sitting through hours of mandatory training and having to read another mass of information in the Testing Coordinator’s Manual . This creates a hostile working environment for my child, one not conducive of learning. With my child’s documented disabilities, this hostile working environment has created a hostile learning environment with undue stress; therefore, the high stakes tests and the irrelevant/high stakes preparations for the test are NOT appropriate for his FAPE.
re: Charters testing: if they accept vouchers, they have to administer ISTEP & IREAD. Charters do not have to admit any child.
In Hawaii, most students in special education/students with IEP’s take the same state assessment that all students take with the exception of a small percentage who take an alternate exam, as decided by the IEP team based on the state’s criteria. The exam is designed by the teacher or care coordinator to match specific benchmarks/criteria provided to the teacher by the state, which are the on-grade level benchmarks. The state website link open to the public for the Hawaii State Alternate Assessment HSAA is here:
http://sao.k12.hi.us/assessment/hawaiistatealternateassessment/
In SY 2012-2013, HSAA has been replaced by HSA-Alt described here:
http://sas.sao.k12.hi.us/STATE/SAO/SASWebsite.nsf/By+Category/18C3AE18B58BD6AC0A2576340005CC9F?OpenDocument
In the School District of Philadelphia, students with IEPs take the PSSAs just like the students without IEPs.
In Oklahoma:
1. A charter school shall comply with all federal regulations and state and local rules and statutes relating to health, safety, civil rights and insurance. By January 1, 2000, the State Department of Education shall prepare a list of relevant rules and statutes which a charter school must comply with as required by this paragraph and shall annually provide an update to the list;
2. A charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations. A sponsor may not authorize a charter school or program that is affiliated with a nonpublic sectarian school or religious institution;
3. The charter school may provide a comprehensive program of instruction for a pre kindergarten program, a kindergarten program or any grade between grades one and twelve. Instruction may be provided to all persons between the ages of four (4) and twenty-one (21) years. A charter school may offer a curriculum which emphasizes a specific learning philosophy or style or certain subject areas such as mathematics, science, fine arts, performance arts, or foreign language. The charter of a charter school which offers grades nine through twelve shall specifically address whether the charter school will comply with the graduation requirements established in Section 11-103.6 of this title. No charter school shall be chartered for the purpose of offering a curriculum for deaf or blind students that is the same or similar to the curriculum being provided by or for educating deaf or blind students that are being served by the Oklahoma School for the Blind or the Oklahoma School for the Deaf;
4. A charter school shall participate in the testing as required by the Oklahoma School Testing Program Act and the reporting of test results as is required of a school district. A charter school shall also provide any necessary data to the Office of Accountability;
5. Except as provided for in the Oklahoma Charter Schools Act and its charter, a charter school shall be exempt from all statutes and rules relating to schools, boards of education, and school districts;
6. A charter school, to the extent possible, shall be subject to the same reporting requirements, financial audits, audit procedures, and audit requirements as a school district. The State Department of Education or State Auditor and Inspector may conduct financial, program, or compliance audits. A charter school shall use the Oklahoma Cost Accounting System to report financial transactions to the sponsoring school district;
7. A charter school shall comply with all federal and state laws relating to the education of children with disabilities in the same manner as a school district;
8. A charter school shall provide for a governing body for the school which shall be responsible for the policies and operational decisions of the charter school;
9. A charter school shall not be used as a method of generating revenue for students who are being home schooled and are not being educated at an organized charter school site;
10. A charter school may not charge tuition or fees;
11. A charter school shall provide instruction each year for at least the number of days required in Section 1-109 of this title;
12. A charter school shall comply with the student suspension requirements provided for in Section 24-101.3 of this title;
13. A charter school shall be considered a school district for purposes of tort liability under the Governmental Tort Claims Act;
14. Employees of a charter school may participate as members of the Teachers’ Retirement System of Oklahoma in accordance with applicable statutes and rules if otherwise allowed pursuant to law;
15. A charter school may participate in all health and related insurance programs available to the employees of the sponsor of the charter school;
16. A charter school shall comply with the Oklahoma Open Meeting Act and the Oklahoma Open Records Act; and
17. The governing body of a charter school shall be subject to the same conflict of interest requirements as a member of a local school board.
New Mexico: The majority of students on IEPs are required to take the same standardized test as non-IEP students, regardless of their developmental or academic level. Their IEP must include a list of accommodations e.g. small group setting, extra time, instructions in signed language, etc or they cannot be used. And the list of approved accommodations has grown smaller over the years. A small percentage of IEP students are eligible for the alternative test, but by and large, this group is limited to those who are severely cognitively impaired. And 50% of a teacher’s evaluation is based on these test results.
Charter school students are required to take the standardized test. Will have to dig deeper into the question of what other state regs they have to comply with or are waved from…
Our students at the Parkside school, centerbased 853 school, serving ages 5-11 are requuired to participate in all testing based on their grade level and age-not their achievement. They are allowed testing modification which are listed on their IEP like extra time and directions read out loud. It is completely inappropriate for many of our students-awful for their self esteem. New York City
Here is some more info about Washington’s alternative portfolio assessment. http://www.k12.wa.us/Assessment/AlternativeAssessment/default.aspx
It is a major exercise in busy work for the teacher. Many students fail the WAAS portfolio, not because they have failed to meet their annual IEP goals, but because their teachers tire of the hundreds of hours of busy work it takes to create passing portfolios. The teachers who are most burdened with paperwork have their workload quadrupled when an IEP chooses the WAAS for a child. I know of colleagues who push for the regular assessment even when not appropriate because they can’t take on anymore busywork.
LAA are special tests… > > SE students may take either LAA1 or LAA2 depending on the IEP. LAA1 is a skill based test for students who have very poor cognitive skills and score at least 3 standard deviations below the mean. LAA2 is a shorter version of the regular test. LAA2 is being phased out. These tests would be indicated on the IEP.
LA is in a state of confusion about charters… Some things are tied up in court so I can’t really say what the requirements are.
> > > > —– Forwarded Message —– > From: Carol Peltier > Sent: Friday, December 28, 2012 11:14 AM > Subject: Fwd: [New post] I Need Your Help > > Sue, can you answer these three questions? > > Sent from my iPad > > Begin forwarded message: > >> From: Diane Ravitch’s blog >> Date: December 28, 2012 7:31:08 AM CST >> To: carolpeltier@hotmail.com >> Subject: [New post] I Need Your Help >> Reply-To: “Diane Ravitch’s blog” >> >> >> dianerav posted: “I am in search of information and I can’t find it by googling. So I am turning to you to help me answer these questions. 1. In your state, are special education students required to take the same grade-level tests as regular students? Are there excepti” >>
I work in a “priority” (failing) school in NJ and the following has been my experience. Special education, bilingual, and ESL students are required to take the same annual standardized tests as general ed students but are allowed additional time. As a “priority” school we are also required by the state to administer a formative assessment (created by the state) every six weeks in accordance with a “Model Curriculum”. Special ed, ESL, bilingual, and general ed students must take the same version of this assessment regardless of IEP status or English language proficiency level.
Regarding Hawaii Charter School Laws
Hawai‘i law is referenced as “HRS” (Hawai‘i Revised Statutes). HRS 302D contains current statutes re: Charter Schools. It replaced HRS 302B at the end of the 2012 state legislative session. HRS 302D index is here:
http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0302D/
The HRS 302A series contains the laws governing public schools. That index is here:
http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0302A/
Comparing the two will hopefully reveal differences between regulations for public charter schools (as they are called in Hawai‘i) vs. public schools.
BTW, Hawai‘i is the only state in the nation with one state-run school “district.” There is only one Board of Education in the entire state which meets twice a month during the school work day in Honolulu (therefore, inaccessible to people on other islands w/o plane fare).
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FYI, in case anyone wants to know, the correct spelling for Hawai‘i uses an okina (Unicode Hex Symbol #: 02BB). I used the more common “Hawaii” at the beginning for keyword search capability.
The Hawaii Charter School Administrative Office is here:
http://www.hcsao.org
Information on their section re: Governing Boards states that charter school “Governing boards are exempt from Chapters 91 and 92. However, governing boards must make available their meeting notices, agendas, and minutes.”
The Sunshine Law is Hawaii’s open meetings law. It governs the manner in which all state and county boards must conduct their official business. More information is at:
http://www.state.hi.us/oip/sunshinelaw.html
in Florida, Special Ed students take the same tests. There may be some exemptions, but some Florida ex ed folk need to jump in.
All public charters must give the same tests as so-called traditional.
On testing, there is exclusions from regulation. There are some related to facilities requirements.
Dr. Ravitch,
I am a public school teacher in Missouri. I have attached a document that has excerpts from the Missouri Revised Statutes that answers some of your questions.
Specifically, though, 1. With a very few exceptions, all students in public schools (including charters) are expected to take the grade level assessments of the Missouri Assessment Program (MAP Test). The exceptions are students whose disabilities are in the developmental delay category (my phrasing)–very low IQ, for example. There is an alternate method of assessment, which is called the MAP-A (MAP-Alternate) and involves a portfolio. From what I can gather, it is quite individualized and involves mostly life skills. (highlighted)
2. Charters are required to administer the MAP test, but there is something in the statutes about the possibility of using “a different time frame” for this. (highlighted)
3. My attachment also highlights a statement regarding the laws that charters are exempt from. It cites some statutes by number of what they are NOT exempt from.
I hope that this helps you–at least to narrow down where to get the information I could not provide.
Lisa Smith, NBCT Missouri
I am a school social worker in Madison wi. I work in a public middle school. Yes, our special education students are required to take grade level tests even when the goals in their iep clearly state that they are working towards significantly lower grade level skills. I often do one on one testing with these kids and just watch them fold. It is heartless, truly. We have an alternative assessment called the WAA (Wisconsin alternative assessment) but its only for kids who are extremely “low” as in practically non verbal. It used pictures etc……
I am not sure about charters. I do think they are exempt from some tests. Also able to reject having certain sped kids in their schools.
Thank you for your attention to this matter. Thank you for all you do!!!
Diane,
1. In Florida, yes, our special ed kids take the fcat and it counts toward the school grade.
Rick Roach
Diane, I asked Vic Smith of the Indiana Coalition for Public Education (http://www.icpe2011.com) if he knew the answers to your questions for Indiana…
Here’s what he responded…
1. In your state, are special education students required to take the same grade-level tests as regular students? Are there exceptions based on IEPs?
I would say yes. You already have the answer to that one. Not all states have the IMAST test option as Indiana does, but even if our special ed students are designated to IMAST, they take the test appropriate for their age level.
2. Are charters in your state required to administer the state tests?
Yes. Charter schools must take ISTEP in order to get a school letter grade. Voucher schools are required to do the same.
3. In your state, which state regulations are charters exempt from?
I am no expert on this one. One exemption for charter schools was written into the law regarding the reading plan linked to the IREAD program and retention of 3rd graders. Charter schools were given more flexibility in setting their reading plan for elementary grades. I heard that it was linked to their objection to being mandated to have a 90 minute uninterrupted reading period that the IDOE mandated, saying they were charter schools and they shouldn’t be subject to such mandates. Rep. Behning took up this cause and in 2012 he pushed an amendment to the 2010 reading law to give them relief.
ALL students with disabilities are required to take a state assessment. Under NCLB regs, there were initially two options — an alternate assessment based on alternate academic achievement standards for the students with the most significant cognitive disabilities (limited to 1% of students who could be counted as proficient on that assessment — and commonly referred to as the 1% assessment) and an alternate assessment based on modified academic achievement standards (commonly referred to as the 2% assessment.) The 2% assessment was not implemented by very many states due to the cost and due to the Dept of Ed not approving the assessments. For a short period of time, the Department allowed states to use a ‘proxy’ for the 2% assessment, but that was time limited and has gone away. Secretary Duncan has pretty much eliminated the use of a 2% assessment — I believe it is not allowed under state waivers. So the answer to your question is: all states require students with disabiliteis to take the same assessments. Remember, most students with disabilities do NOT have significant cognitive disabilities and they can learn to the state standards so long as they are not prevented from being taught the material.
Giving the assessment which is 36 pages per student (I have 8 students taking it this year) and the activities that are assessed have to be made and organized by me is what takes hours and weeks away from me teaching anything fun, interesting or relevant to my students who are significantly cognitively disabled. If any politician or business person had to do it one time it would be gone. It is so ridiculous.
Hawaii:
The HSA-Alt is now a standardized test that is being piloted this year. Unlike other years where teachers had to make up their own test questions and materials to address the benchmark being assessed, now the test is scripted, with most materials provided, much like the State Alternative Test used in California. The new test for those 1% of Hawaii’s students in grades 3-8, and 10 who are eligible to take it is looking so much better. Mahalo to those trainers, teachers, and students in the state who helped in making this a better test by agreeing to be videoed delivering the new test as part of our training. The students taking this test must meet certain criteria with regard to cognitive and specialized instruction. This new test was created in collaboration with AIR, American Institute of Research, a Washington DC education research/consult company.
Most special education students, throughout the state must take the HSA, which is given on line. Students are allowed accommodations, such as audio reading of the text for the math and science questions, taking the test in small groups, etc., as noted in the student IEPs, which list all of the available accommodations and then they are selected per each individual education plan, IEP. All students, no matter if they have an IEP or 504, or not, are allowed extended time, and multiple testing sessions within a specific period of allotted time. The state allows all students taking the HSA 3 opportunities each year to pass the test with scores of proficiency or greater. Tests are given in November, March and May.
The scores count towards AYP, and they are also noted as a separate category when test scores are reviewed. I think it is horrible that my principal’s job security must be dependent on these scores. I think it is horrible that current DOE teacher evaluation proposals (which are tangled up in an extracted (over 2 years) and contentious negotiation process) include that teachers’ job security and salaries are also linked to these kinds of tests. Basically the Hawaii Department of Education,HIDOE distorted the Danielson evaluation ideas into some unrecognizable punitive monster, instead of using the ideas as a goal setting and supportive guideline towards becoming a better teacher. How sad is that? Maybe not as sad as the HIDOE expecting teachers to approve a contract that ties our tenure and salaries to an evaluation system that has not been written yet.
I think I got this right: 60% of all SPED students are expected to score proficiency by the end of the 2013-2014 SY. Yikes. Most often are students our students do not receive specialized academic instruction unless they are performing 2 or more grade levels below their present grade level. There are some students do receive SPED services who can easily pass the test, they are the exception, not 60% or even 40%, by the way. Hawaii, like many states, does not recognize gifted students as part of the exceptional child population.
I am less familiar with charter schools and their policies. Unlike other school districts, many of Hawaii’s charter schools have a separate struggle to go through in order to gain access to public funds to operate. This includes going to the state legislature (which funds all public schools in the state) on their own to operate, and they often receive less funds per student. Many of the charter schools on my island are well loved, and work very hard to incorporate the Hawaiian values and language into the curriculum, and also to address the CCSS since the entire state, as one big (no contract for teachers/imposed illegal pay cuts) statewide school district, receives Race to the Top Funds, RTTFs. How does that work…the state breaks the federal law about fair bargaining and has not jeopardized its eligibility to receive federal funds.? If this were done regarding state’s adherence to ADA laws or IDEA 2004 legislation then certain federal funds would be at risk.