State to apply for new flexibility under NCLB

The South Dakota Department of Education has applied for an interim flexibility announced recently by the U.S. Department of Education. The flexibility is in regard to inclusion of students with disabilities in adequate yearly progress (AYP) determinations under No Child Left Behind. If granted, it will apply to this year’s (2004-05) AYP calculations.

Current regulation allows for 1 percent of students – those with the most significant disabilities – to take an alternate assessment. The flexibility proposed by the U.S. Department of Education (USDOE) would grant states the ability to assess 3 percent of students with disabilities using alternate or modified standards and assessment.

In announcing the new flexibility, USDOE noted that “… in addition to students with the most significant disabilities (the 1 percent already covered by Title I), research indicates that there is another group of students with disabilities, approximately 2 percent of the school age population, in need of modified standards and assessments who can make progress toward but may not reach grade level achievement standards in the same time frame as other students…”

Because most states currently do not have modified standards and assessments in place, USDOE is offering an interim solution. For the 2004-05 school year only, states will be allowed to calculate a proxy to determine the percentage of students with disabilities that is equivalent to 2 percent of all students assessed. The proxy will be added to the percent of students with disabilities who are proficient. The adjusted percent proficient is what a state may use to re-examine if a school or district made AYP for 2004-05. This flexibility applies only to the subgroup of special education students.

USDOE is working on rules to make the new policy final. When that does occur, the state Department of Education will need to develop modified content standards and assessment. These modified versions will need to be in place by the 2006-07 school year.

Questions regarding this issue can be directed to Michelle Powers at the South Dakota Department of Education, (605) 773-3678. michelle.powers@state.sd.us