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Two Percent Flexibility

2 Percent Flexibility Option for Assessment of Students with Disabilities

The proposed regulations for the 2 Percent Flexibility Option give states and districts more leeway in assessing students with disabilities. States can develop modified assessments for 2 percent of their students with disabilities who do not meet grade-level standards despite high quality instruction, including special education services. Though the modified assessments must be aligned with grade level content standards, they may differ in breadth or depth from the achievement standards for non-disabled students.

High expectations will be held for students with disabilities who take modified assessments. The students must have access to grade-level instruction, and the modified standards cannot preclude the students from receiving a regular diploma. Further, the students must be appropriately assessed on modified achievement standards. The IEP team will play a critical role in determining not only which students will take modified assessments, but also the type of modified assessment individual students will take. The regulations are scheduled to go into effect by the end of the 2005-06 school year or the beginning of the 2006-07 school year at the latest.

Concerns about the 2 Percent Flexibility Option
Though overall the 2 percent flexibility option has been well received, some questions remain about its implementation. One is ensuring that students eligible for the modified assessments are correctly identified.

Questions also exist about whether 2 percent is the appropriate number for students eligible for modified assessments, with some believing it too high and others that it is too low.

Also, concerns exist about the feasibility of developing validated assessments in a short time frame. Many states are looking to see how their current assessments may be modified rather than developing new assessments.

CEC Approves 2 Percent Option But Wants More
CEC sees the 2 Percent Flexibility Option as a move in the right direction. It reflects many of our recommendations to make NCLB requirements for students with disabilities more equitable, ensure these students receive high quality instruction, and maintain high expectations for these students.

However, CEC will continue to work for other measures that will show the academic progress of students with disabilities. Foremost among those recommendations is including a longitudinal growth model in the accountability system, which would put more focus on individual student achievement. In addition, CEC recommends basing NCLB's proficiency targets on the success rates achieved by the most effective public schools. CEC also recommends allowing states to measure progress by students' growth in achievement as well as their performance in relation to pre-determined levels of academic proficiency.

  • Other conditions CEC deems necessary to fully support the 2 Percent Flexibility Option are:
  • Students with disabilities have access to grade-level content.
  • Students with disabilities have access to early and effective scientifically based interventions to remediate academic skill deficiencies.
  • Students with disabilities have access to highly qualified teachers to teach core academic subjects.
  • Educators must embrace high expectations for students with disabilities.
  • IEP team members, including families, receive training to identify children in this subgroup and choose appropriate assessments.
  • Appropriate stakeholders receive training in the development of modified achievement standards and assessments.

 


CEC News
04/09/07 - CEC Gives Cautious Approval to New Regulations on Assessing Students with Disabilities
The regulations on modified academic achievement standards include provisions that will enable educators to better assess the academic progress of students with disabilities. However, CEC believes we haven’t reached our goals for appropriately assessing these students.

03/07/06 - CEC Submits Comments to Department of Education on NCLB 2 Percent Assessment Option
Late 2005, Secretary of Education Margaret Spellings announced the release of proposed regulations that will allow for greater flexibility in assessing students with disabilities under No Child Left Behind.


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