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

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.