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Administrative Memorandum
 

February
2004

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It is the policy of the Department of Education to provide services to all persons, without regard to race, color, creed, religion, sex, disability, ancestry, or national origin, in accordance with
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New USDOE regs spell out inclusion of student results on alternate assessments in AYP

States may adopt alternate achievement standards for children with the most significant cognitive disabilities and include assessment scores based on those alternate standards in Title I adequate yearly progress (AYP) calculations, according to final regulations issued on December 9, 2003.

In the US Department of Education’s final regulations, states are allowed to count a student’s proficient score on assessments based on alternate achievement standards the same as any other student’s proficient score on a state assessment, subject to a 1% cap. To clarify the difference between achievement standards and alternate achievement standards, USDOE states that alternate achievement standards are an expectation of performance that differs in complexity from a grade-level achievement standard.

The new set of regulations applies a 1% cap to the inclusion of student results on alternate assessments and alternate achievement standards, counting those students performing as proficient or higher. The cap is not a limit in the number of students who may take an alternate assessment. The inclusion of 1% of students scoring at proficient on alternate achievement standards applies to the calculation of AYP at the district and state level, but not at the building level.

The South Dakota Department of Education is working quickly to put the necessary structures into place to allow the students with the most significant cognitive disabilities to participate fully in the standards and accountability under NCLB and to allow schools to receive credit for making progress with these students. At this time, it is planned that these systems will be in place for the Spring 2005 tests. This amount of time is necessary in order to first develop the systems and then to inform and train school personnel regarding the changes in instruction and assessments.

To implement these new regulations, there are several important steps that must be completed by the department. 34 C.F.R. 200.1(d) states that for students with the most significant cognitive disabilities who take an alternate assessment, the state may, through a documented and validated standards-setting process, define alternate academic achievement standards, providing those standards are aligned with the State’s academic content standards, promote access to the general curriculum and reflect professional judgment of the highest achievement possible.

South Dakota is currently in the process of developing alternate achievement standards in consultation with the Buros Center for Testing at the University of Nebraska-Lincoln. Staff from DOE’s Office of Educational Services and Support, Special Education Programs, along with panels of special education teachers from across the state, will work closely with the Buros Center staff to conduct an examination of the alignment of the alternate academic content standards (commonly referred to as the functional standards) with the State’s academic content standards.

Groups of special educators will be gathered to assist in establishing alternate achievement standards in reading and math for the STAARS. Next, Buros psychometricans will review the STAARS testing program to examine the technical quality of the assessment tool and provide recommendations for improving the validity and reliability of the tool as required under the NCLB.  Finally, panels of special education teachers from across the state will convene for a one-day workshop to set performance level cut score values for the STAARS.

While the process for developing the alternate achievement standards comes together, the department will convene a workgroup of representatives in special education to define several important pieces of the new regulations. This workgroup will be comprised of educators, administrators, school psychologists, parents and state agency representatives.

A primary responsibility of this workgroup is to define the term “significant cognitive disabilities” as it applies to South Dakota. 34 CFR 200.6(a)(iii) states it is the responsibility of the State to determine the guidelines for IEP teams to apply in determining when a child’s significant cognitive disability justifies the administration of an alternate assessment based on alternate achievement standards. DOE special education program staff will also be asking the workgroup to assist in the development of a process for districts to use in making application to exceed the 1% cap. Federal regulations provide the State the authority to grant exceptions to the 1% cap of students counted as proficient and included in the calculation of AYP (34 CFR 200.13(c)(3)) .

For more information regarding the new regulations, a question-and-answer document is available online at http://www.state.sd.us/deca/TA/basic/ ; scroll down to “Sec.1111 state plans”  and click on the link  Questions and Answers on Title I Alternate Achievement Standards .