New York proposed to exempt up to 2% of students with severe disabilities from federally required state tests.
The U.S. Department of Education said no. Last year, 95% of students with disabilities failed the new Common Core tests in New York.
Leaders of national organizations supposedly representing students with disabilities hailed the DOE’s de is ion to hold these students to the same standards, which the overwhelming majority will fail.
Peter Goodman wrote about the Common Core exams:
“Parents and teachers across the state protested – the exams were poorly prepared, school staffs not trained and parents of SWD were especially critical – the tests were far beyond the cognitive ability of their children and were emotionally harmful. After months of discussions the state, in its application for an extension of the NCLB Flexibility Waiver asked for a change.
New York State had proposed allowing up to 2 percent of New York students with severe disabilities to be tested at their instructional ability — not their chronological grade year — up to two full grade levels below current grade level. The change would, for example, allow a 5th grader with autism to be tested on exams written for third graders.
New York State has abandoned the Regents Competency test, and, in spite of the SWD safety net (the passing Regents score for SWD is a grade of 55) the barrier to graduation for SWD was substantial even before the implementation of the Common Core exams.
Students, due to their cognitive disabilities, who had no chance of passing the exam, were forced to sit in rooms for hours taking exams, to their teachers and parents it was a cruel punishment.”
Goodman writes:
“The feds, and some of the advocates, seem to be saying SWD have a cognitive illness that is curable within classrooms, which with the accommodations and teacher preparation SWD can achieve proficient scores on Common Core exams. I would agree that is a goal; however, for many students no matter the accommodation, no matter the skills of the teacher, their cognitive impairment will never allow the student to score proficient on the Common Core exams as presently constituted.
The current requirement violates the Eighth Amendment; it is a “cruel and unusual punishment.” To force students to sit for hours staring at pages and pages of problems well beyond their cognitive skills are damaging to the student.
It saddens me that so-called advocates are willing to sacrifice students for their own ideology.
We should develop tools, for examples, portfolios of student work aligned to IEP goals, instead of timed exams, as evidence of student progress.
The gap between the United States Department of Education and parents and teachers is incredible. The best decisions impacting children are made in classrooms by teachers and school leaders. The further from the classroom the more wrong-headed the decision.”
Diane Ravitch's blog 
Does anyone of a certain age remember being accountable to anyone other than your parents (and perhaps coaches) for your grades? Did you all suffer dire consequences from not having someone official breathing down your neck constantly checking to see that you were on track to graduate “college and career ready”? How did Big Brother get to decide what, when, why and how we should learn? It is ludicrous enough that we have allowed the agenda for general education to be set by people whose motives are suspect; it is beyond understanding that educators and parents should be ignored when policy for special ed students is set. I even question these elaborate portfolio assessments. I remember watching a colleague constructing this elaborate alternative assessment portfolio required by the state to which she devoted hours of time. When the state returned it, it was obvious that the “assessment” of the portfolio was cursory at best. I can’t imagine doing portfolios for a classroom of students all with their own products to be documented. How many hours of instruction go out the window to prove to some bureaucrat in some far away office that a student was learning?
Yes.
Hammer and nail. Arne has a hammer. Everything is a nail.
(That reminds me of a song, but the song is too joyful for this somber subject—at least in the song there is also a bell and a song. Arne ain’t got nothin but his hammer). Like John Henry. A tall tale indeed.
I hope we move on from this chapter soon. Scholarly articles are being written about how “student learning improves when teachers interact with one another.” And water heats up when you turn on the stove. Common sense is esoteric academia these days it seems.
You mean this song?
I think it’s quite appropriate. Where are the new folk protest singers??
Reblogged this on Exceptional Delaware and commented:
Delaware just passed a similar law. Does that mean the Delaware law is shut down too? Senator Poore will be very angry if this is the case. As will several other parents. This is where it begins folks.
I’m sure the beautiful kids I worked with having severe braindamage who were rolled in on a gurney with a stick in their mouth to punch out the few simple words they know on a keyboard would do just fine on a bubble est. NOT! This shows complete ignorance of the range of special needs kids.
Having said that, I believe that an assessment system that is good for some should be good for all. Meaning the system should take all kids from where they are with assessments that meet their needs.
The current testing system simply does not serve the needs of kids.
The kids don’t come to school to meet the needs of the system, the system should meet the needs of the kids. What a novel concept. The current system is not only unethical, it is immoral!
Cap Lee,
Your last paragraph should be printed on signs, bumper stickers, Facebook profiles and anywhere else we can make it visible. Absolutely brilliant. Can you imagine a school daring to use it as their mission statement? I wrote it down and will share with everyone I can. Thank you.
Cap, I’ll let 2old2teach answer your endlessly slippery demand for the authority to “assess” kids by some kind of “system”, on gurneys and everywhere else.
You said,
“Having said that, I believe that an assessment system that is good for some should be good for all. Meaning the system should take all kids from where they are with assessments that meet their needs.”
As 2old2teach said above,
“How did Big Brother get to decide what, when, why and how we should learn? It is ludicrous enough that we have allowed the agenda for general education to be set by people whose motives are suspect; it is beyond understanding that educators and parents should be ignored when policy for special ed students is set.”
It’s the “system” part that’s out of whack. We lost our severely impaired son at age 14. We’re grateful to the many teachers and therapists who assessed him in one way or another, for purposes of determining his actual needs. But it makes my skin crawl to imagine him being wheeled in before you to generate his mandated data point in your official system.
NOBODY needs an assessment system that is good for some and good for all. The Fed’s point, like yours, is that the assessment system must be all-inclusive to assert its validity and claim statistical authority over the whole population. We aren’t going to let you do that, in any case.
What should a parent who can not afford private school do if the system is not meeting the needs of their student? It seems to me that the choice (both magnet and charter) school movement grew up as an answer to this question.
TE~ that movement sounded good to parents bc the CorpEdReformers made it sound great.
Come 1 Come All…not so fast, SWD…ELL…Discipline…Low scores…Poverty…Single mothers…etc.
These students, all so accidentally & by lottery, were not on the acceptance roster.
Gee Wizz…wonder how that happens?
All those difficult to teach & achieve high test scores ended up staying in public schools where hard working teachers were evaluated as ineffective, put in PDPs & may have lost their jobs to make room for TFA…to save the Day!!,!?
TE, you should know this scenario by now. You comment daily on Dr. Ravitch’s Blog. Forget about charter & private school options for our kids listed above. They are the ones we get FIRED for. Thanks to Arne & Co.
HA,
Think about a parent of one of the 1.1 million students in the NYC public school district. It seems very plausible to me that such a parent would find a charter school like The Community Roots Charter school more responsive to their students individual needs than NYC public. Any organization of 135,000 people is likely to be very rule driven and not very flexible when compared to an independent school.
And futhermore, this is freekin nuts! Can’t stand the insanty any more. It isn’t about teachers or unions or anything else. This is simply not educationally sound. It is so far astray from reality that only Russian style propoganda can make people believe it. And those who believe it are dumber than a sack of hammers.
Am glad I am working with kids in South America, I don’t have to see this crap on the news everday
I’ll say my piece in my upcoming book, Brainstorming Common Core where I detail the needs of students.
Well said, Cap Lee. No…better than well said. THANK YOU
for putting into words some of what I’ve been feeling for years now. -John O.
You all got anymore openings for teachers in SA????
IEP teams are the only ones who have the knowledge and expertise to make decisions regarding students with disabilities. They should have absolute authority to determine if and when any kind of assessments are necessary.
Tim, I couldn’t agree more. The feds seemed to have forgotten what the I in IEP stands for. Watch them try to change IDEA in the next year. In my state, Delaware, they have already said most students will do worse on the Smarter Balanced Assessment when it comes out. I am in grave fear of what will happen when those test scores come in. If we thought we have seen major education changes in the last few years, we haven’t seen anything yet.
Yes. And didn’t the IEP originate with the DOE, at least in terms of being required? What happened?
Elegant, simple, effective and would not make anyone rich. Consequently, it won’t fly.
Time for a Nation wide teacher boycott of all mandated testing.
This has gone too far!
I was wondering when this insanity would finally hit the wall.
This is it!
Such EVIL has come across our land, and we cannot allow witnessing or participating in harming one more child.
We will all lose our SOUL if we allow this.
This sickens me!!
World History spells out the collective ‘looking away’ & ‘being afraid’ while millions died.
We MUST NOT ALLOW harm to our children.
We have the power to stop it!
Please….
So where are the unions? We are waiting….
Ha, ha, ha, ha, ha, where are the unions, ha, ha, ha, ha!!!!
They’re in bed with the edudeformers earning their livelyhooooood.
I agree completely. If the unions won’t endorse a nationwide boycott, what about working through Save Our Schools, United Opt Out, and Parents Across America?
How could they come up with only 2%? I think NY leaders better up it to 30%, since it is evident in their track record. Somebody tell them not to settle just yet.
Why don’t we find out first the results of the general population? Then let’s talk exemption.
Let’s take a look at the ELL population, at-risk students based on attendance, and kids who are non test-takers. It would be discriminating if we only exempted students with disabilities. These tests are “cruel punishment” for majority of the general population.
Even worst to think that students should be tested at their gr-level performance. Many think that this is logical, but it doesn’t work only because special and general teachers are required to teach both grade level and performance level at the same time. IEP goals fall by the wayside as it becomes secondary to the test. Look at the new curriculum for math and ELA. They have modified and made accommodations sections for ELL, at-risk and special ed students. Somebody went through a lot of trouble to find a way to make more money and eat up classroom space.
Do they really think that’s the answer to achieving grade-level performance for kids with learning disabilities and ELL students? Teachers who bust their chops trying to differentiate for each student, in a diverse classroom might seem like juggling a sparkler, molotov cocktail and hand-grenade, especially when you throw in VAM.
Does it make sense to center the solutions around a standardized test?
Correction: I think NY leaders better up it to 70%.
I am somewhat torn here. On the one hand, when it comes to students with disabilities who are *not* dealing with severe health or cognitive impairments, I agree that students with disabilities should not be treated differently. I am somewhat concerned about the “95 percent” — does this number reflect students with cognitive impairments only, or does it include students who are deaf, blind, only mobility impaired with no cognitive effects, etc.?
I am blind and took all required tests. My daughter is blind and took all required tests. my son is blind and takes all required tests (although, if he were not already past the third to eighth grades, I would be opting him out). All of us were/are excellent students across the board, while my daughter and I were mediocre standardized test takers (except for reading comprehension tests or sections, which we aced), and my son aces everything.
I do not think this should be a “students with disabilities” issue. I really do not. This should be an “all students” issue. There are plenty of unclassified students who are just as harmed by sitting for these tests as students recognized as having disabilities. Lumping us all together does us more harm than good, which is likely the reasoning behind the advocates’ hailing this decision. For students without cognitive impairments, if other students must endure it, then so, too, must students with disabilities, *until* we get rid of this madness for everyone, and *unless* the students are not being properly accommodated.
Parents with disabilities of a cognitive nature should fight this tooth and nail, but parents in general should fight current education policy tooth and nail.
I agree with Cap Lee; school should meet all students where they are, not be designed to bring students to a certain standardized place, or punish them for not fitting a testing mold.
As far as testing materials, McGraw Hill assured me and my principal that they would provide me with accessible materials for preparing my students for the new High School Equivalency exam in New York as soon as my district otherwise purchased the materials for my colleagues. After the books were purchased, we started hearing crickets when we wrote to the rep, and started hearing things about “intellectual property”. So, their printed texts and digital materials do not threaten their intellectual property, but providing the materials in a manner accessible to me (Braille, in a digital format which is accessible to my screen reader) is a threat? Here is where there is a problem. If schools are not able to *comply* with IEP’s because their efforts are stymied by the companies with which they are contracting and purchasing from, they should not get the school districts’ business. My son cannot access most of the features of software such as Google Drive and EdModo, and his school has dialogued with their developers, to no avail. But until these companies are held to standards which accommodate all students, they should not get business. Unless and until this becomes a loud, persistent, clamoring priority, companies will continue to make profits and provide tests which will kill the love of learning in most students, regardless of whether they are recognized as having a disability or not.
“I do not think this should be a “students with disabilities” issue. I really do not. This should be an “all students” issue. There are plenty of unclassified students who are just as harmed by sitting for these tests as students recognized as having disabilities. Lumping us all together does us more harm than good. . . ”
Quite correct BN! You astutely see more than most!!!
“Some special education advocates hailed the Education Department decision, saying it will enable students with disabilities to continue receiving the same opportunities as peers. “We think it’s a victory for the potential of every child,” said Denise Marshall, executive director of the Council of Parent Attorneys and Advocates Inc. “We thank the department for sticking to their guns.”
The proposal revived a concept known as out-of-level testing. Some civil rights and special education advocates opposed the proposal, saying it would shortchange vulnerable students, who they said should be tested alongside peers their own age so they don’t slip behind. For teachers and parents of SWD the issue is not “slipping behind,” it is catching up.”
Talk about being out of touch.
I’ve taught children with severe emotional and learning disabilities as well as children with autism for 22 years. Testing days are horrible. They are absurd. They serve no purpose, whatsoever, other than to provide data to the system. Data that represents how many people passed and how many failed.
That data is used to determine how much federal and state money needs to be apportioned to different states, cities, towns, and villages. It’s not about the kids. At all.
Yes. I can understand why advocates for students with disabilities would be pleased by this, because everyone knows that the only way to get students to achieve their true full potential is to test the snot out of them repeatedly – I can understand why parents would be upset by their kids being excluded from this wonderful opportunity.
Ahem. Sarcasm aside for the moment, why aren’t parents of students with disabilities (and, well, all parents for that matter) opting their kids out of testing en masse?
Where is the ADA lawsuit?
What the DOE does not get, actually there is so much they do not get, is the distinction between diversity and difference. Diversity acknowledges and talks a lot about honoring/respecting cultural-gender-race-language, etc. of their student bodies. However, at the end of the day, what they expect, is that these students from different cultures, etc. eventually fit into/assimilate into the dominate culture — something like we will put up all the nations flags in the cafeteria, and at the same time make recently arrived students from Mexico to take the state tests, in English. Difference on the other hand, accommodates and grows the different language, ethnic, gender, race, class, distinctions that show up in schools each day. Although this distinction is rarely played out in schools, where asymmetrical power relationships are played out in high minority suspension rates, poorly funded ELL programs, and an instructional script aimed at college entrance. The ruling in this posts, identifies one more group of different students who are crushed beneath the standardization juggernaut.
This is not just about kids, parents and teachers anymore. It’s time to rally the troops and join forces with other professionals on IEP teams, who also have a stake in these absurd policies and whose professionalism is being discounted as well, including psychologists, social workers, school counselors, reading specialists, OTs, PTs, etc. –all of whom have already decided which tests are most appropriate for determining each child’s current level of performance and learning gains.
We cannot continue to let those with no expertise make long distance decisions about what is best for children they never met and know nothing about! Educators must organize with ALL stakeholders to protest against this testing madness!
Proof positive that the Federal Govt. has no business in education at all.
Next, all students will have to dunk a basketball on a 10 foot rim to graduate because Arne Duncan likes basketball. Yes, even those in wheelchairs.
I watched a child with an IQ of <30 take the 4th grade science test. This child was non-verbal, tube fed and diapered. The teacher, quite seriously, asked the child which planet was closer to the sun, Mars or earth and held two pictures arms length apart for the child to either suddenly speak or use eye gaze to show his mastery of the planets. I've never seen a crazier thing. It was embarrassing to watch a teacher do such a ridiculous thing to a child with the development of an infant.
In my anger and utter disbelief, children functioning at infant level, are similar (in USDoE eyes) to PrePrePreK kids working on CCSS. If they can be ‘trained’ to point to pictures, so can older SWD who are functionally in the SID/PID range.
Makes sense to Arne.
Hope he doesn’t hurt his head in an accident. Happens that quickly.
I understand that my state, Florida is one of the states that is in compliance with the Fed’s idea of testing. Students in my school are on the 1% level and test. Many require hand over hand assistance to participate. Many have sever health issues, behavior issues as well as every variation of needs one could think of. Currently the curriculum materials teachers are given don’t even work with the test. You see, because of being such a small population no company wants to develop an appropriate system because there isn’t any money in it. So we do our best and then some. No one cares and no one will do anything about it. It feels as if the system wants to prove that these students don’t learn to they can be excluded in the future. Even the evaluation has us using teaching techniques designed for the general education population. Given the appropriate IEP goals and support I will attest that my students can and do learn in their own way on their own schedule. Hopefully we provide them with the best opportunities to bloom personally.
1. If we believe educational decisions should be based on evidence, here is more important evidence that demonstrates that Duncan is unable to lead the DOE. With the rise in autism rates alone, the idea that there is a fixed number of 1%, or 2%, of a given student population with severe enough disabilities that they should be exempted is absurd.
2. What happens if the states ignore these DOE directives? Can they be held in contempt? Sued? Denied the small amount of federal funds which flows to the states? What if Washington state just refused to send out (and pay for) the letters saying that all schools are failures because it won’t VAM the teachers? By the time the consequences can play out, Duncan will be long gone, students and teachers will have been protected from bad policies, and maybe common sense will be on the upswing.
Obviously it is not for the betterment of students with IEP’s that these students are being forced to take these tests. All roads seem to lead to profit and an obsession with data which is the means to profit for “corporate ed reformers”. Why else would a child lacking part of his brain stem who cannot speak, might have vision in one eye, has to have assistance to hold anything let alone a pencil, does not have the capacity to learn the alphabet … why must this child take a lengthy standardized common core assessment on chronological grade level? Who among us views this as sane? Anyone who does is disingenuous and should be banned from public education. The worst of it was the piece a while back about a child who was terminally ill with cancer and was schooled in a hospital. His teacher WAS FORCED TO ADMINISTER ONE OF THESE HIGH STAKES TESTS. Huh? Whoever made the decision requiring this despite parental protest should be in prison – not running our public education system.
i have to say i am really disappointed that our students with moderate to severe disabilities will have to endure another year of abusive and disgusting tests. i am talking about our students in District 75, Diane – our students with COGNITIVE disabilities who will end up in a hospital, rehab, or work site program with heavy adult supervision. it’s absurd. i am a teacher in D75 and am def. not looking forward to administering the alternate assessment (based on common core standards) to my students. it was a huge waste of time and paper, what’s more my students had no idea what they were doing and the nurses all looked at me like i was an idiot – but hey it’s what the DOE thinks is best, right?
D75 here, too. The kids with disabilities are being crushed. Not much better for genl ed either.
Why can’t you write into the IEP that the student will be exempt from state exams? If the parents agree and it is in the IEP it has to be followed.
The IEP Committee determines the functioning level, needs, IEP objectives, testing and classroom accommodations, which tests to take, retained or promoted, number of hours of service & setting, transportation & what type of diploma…you name it & that committee determines all parts of a child’s placement. Cannot be predetermined or written in secret. At times, administrators strong arm teachers and want to cheat. One of the strong reasons we need TENURE. Had this experience numerous times.
THE INTENT OF THE LAW & PROCESS is to meet the needs of the child.
Arne & Co. appear to destroy that due process with a vengeance, dictate everything & may have already chipped away at IDEA. I was Gobsmacked that FERPA had been doctored in secrecy a while back, and so were our parents.
Nothing but EVIL!
I asked about that at my CSE meeting. It is not allowed.
Old data, but worth considering in this context: http://www.cdc.gov/mmwr/preview/mmwrhtml/00040023.htm
Pierce,
Interesting table. The large differences, even between states in the same region of the country (Iowa 21.2% and Missouri 12.5% for example) do suggest that we should take the warning about local interpretations of the guidelines very seriously.
Those in the edu-reform camp claim that they believe in standardized testing, and that all children should perform at a comparable level at the same age. But, they don’t believe in the original standardized tests… IQ Tests. They believe that a child with a full scale IQ of 72 should be performing at the same level as a child with a full scale IQ 0f 112.
You can’t say that you believe in what yearly standardized tests tell us about student progress if you don’t believe in what standardized tests tell us about a student’s IQ.
For you all who keep asking “Where are the unions?”–the leadership is NOT made up of leaders, so they are A.W.O.L. When I was an active teacher, our local was EXCELLENT, & we could get anything & everything done that we needed to. If I’d a had my druthers, I would’ve paid only the local dues (not state or national) for a number of years, as I felt state/national leadership to be more than lacking. Having said all that, your LOCALS are your real unions–your rank-&-file. Therefore, each local should be doing its part in its district, to ensure that its district’s schools do right by the students. Grievances can be filed…and won (we did one in our district in 1989 or 1990, based on a contract violation {the sped. director was trying to enforce total inclusion, telling us it was a “state mandate”–when it wasn’t, of course}). It went all the way to the school board, & the board members were FURIOUS, & demanded that the sped. director cease & desist AT ONCE. This is the way it will have to be done–LOCALLY. THAT’S where the unions are!
I hear you, retired.
One of the hurdles, here in NYC, is that we no longer have a BOARD of Education. It’s become the DEPARTMENT of Education.
There used to be a board in each borough. Now there’s mayoral control. Central.
Bloomberg’s tenure of 12 years was a nightmare. Forget about “appealing” to him for anything “teacher related”. We’re still in the first year of deBlasio’s term, and hoping for something much better.
I”d personally prefer a move back to the BOE. I don’t like central control. Yes, the BOE had it’s share of corruption, but the DOE has been no picnic, either.
I hear you, gitapik, & I’m so sorry. Having relatives in NYC, I’ve unfortunately been all too aware of the Bloomberg Dark Ages (which continue, unfortunately, thanks to the mess he’s left) in more arenas than just education. He created a daymere (much, much worse than a nightmare, for his “rule” was constant, daily & pervasive AND–unfortunately for ALL of us–he sticks his nose & his $$$$ in political contests all over the country, where they don’t belong). And, of course, Michael Mulgrew is a disaster–what an affront to the CTU at the AFT LA Convention (to say at least something nice about the NEA, NOTHING like that happened in Denver, & they even passed the resolution to ask Arne to resign, not to simply “remediate” him). As I read NYC Educator, I’m hoping for some good breaks for you guys–not sure about your structure
(buildings? districts?), but if your smaller factions of rank-&-file can get it together, that’ll be good. Also, as a retiree, I’m ashamed that, in the instance when MORE retirees vote than actives (as happened to cause the MORE defeat), they voted the wrong way.
We have the opposite here in ILL-Annoy (IEA)–more actives than retirees vote. But, you can bet on this–retirees here certainly would have voted the right way. Keep strong, & know that we in ILL-Annoy are with you!
Our “unions” are to comfortable in their nice offices counting the dues money we dutifully send them.
EVERY union official should be forced to teach at least one class a week to keep them in the line of fire like we are everyday!
I co-created a Facebook page called “NYS Lawsuit For Children With Disabilities Against Common Core”. We are over 700 members strong. I have tried for almost a year to find a law firm, legal non-profit, pro bono Law Clinic, some organization to file a lawsuit on behalf of students with special needs. I went as far away as California to Loyolla’s pro bono clinic, I even contacted the NYCLU, to no avail. I will never understand how this flagrant violation of the protected rights of students with disabilities is being ignored. Whatever happened to FAPE (Free and Appropriate Education)? The only law firm who agreed to take the case wanted an up front initial retainer fee of $50,000.00! Is it a big undertaking? Yes. Will it be costly? Most definitely. Has this country and its citizens forgotten how to protect those who are most vulnerable because it is the right thing to do, not because it will make someone rich? Apparently so.
Monica, as a retired teacher of the deaf, I share your dismay and outrage, and applaud your efforts. It’s unbelievable that such a crucial issue is not receiving the legal attention it warrants, especially when it seems to be open and shut that the DoE and state mandates are in flagrant violation of the letter and spirit of the laws that were laboriously crafted to protect the educational rights of children with disabilities. Historians will look back on this period as one of the most shameful in American history.
I am a Special Education teacher. Every year, I do a ton of IEPs and for what reason? We are supposed to get to know our kids and set goals for them. However, in the end, I feel as if all of this paperwork doesn’t matter because they still all have to be in the same place at the end of the day as set forth by the government, only to be made worse by the Common Core. I do get and agree with the idea that students, whether they have disabilities or not, must be held accountable and to high standards. But in the end, isn’t it more relevant where they are in relationship to where they’ve been?
True that, Commie Teacher, but, of course, not ever gonna happen. So, again, the locals & their members must be the change-makers. Grassroots organizing. Little money, but LOTS of people. Again, I had good math teachers–last time I looked, 99% was > than 1%!As for who’s at the top–well, if those at the bottom pull the rug out, they’ll all come tumbling down!
Are we reaching critical mass? Is the Mass grocery store story the beginning of the 99% speaking up to the new paradims in how things work? Can all of this transfer over directly to education reform or have educators been raped of their rights, duty even, to tell things like they are?
It is important to note that does not mean for all students. NY is able to implement an alternate assessment on alternate achievement standards for 1% of students with significant cognitive disabilities as allowed under the law. This means that nearly 10% of students with disabilities in NY, or in any state, can be assigned to this assessment as deemed necessary by their Individualized Education Program (IEP) team, which includes the parents. This number is more than adequate for the number of students identified with significant cognitive disabilities under IDEA.
It is also critical to keep in mind the negative impact a 2% or out-of-level testing policy has had on certain students’ opportunities to maintain access to the general curriculum, be taught in the regular classroom and achieve a regular diploma. By requiring NY to remove the amendment, the U.S. Department of Education is upholding the rights of students with disabilities to participate and make progress in the general curriculum with their peers through equal access to assessment. Assessment decisions must help drive the instruction and supports provided to assure positive outcomes for each eligible student.