The Department of Education has told California that if students with disabilities use certain modifications on state tests, such as calculators on mathematics assessments, those students cannot be counted as participating in the test for the purposes of calculating adequate yearly progress under the No Child Left Behind Act.
The issue arose during an on-site review of the state鈥檚 assessment procedures, said William L. Padia, the director of policy and evaluation for the California Department of Education.
The state had allowed students with disabilities to use assistive devices like calculators on the tests required under the federal education law, and to be counted as having taken the test, said Mr. Padia. Students who used assistive devices would be graded as 鈥渂elow proficient,鈥� he said.
During the September site visit, Education Department representatives said that California could not continue to count those students as having taken the test, Mr. Padia said.
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Chad Colby, a spokesman for the federal department, referred to August nonregulatory guidance on the topic of alternate assessments for children with disabilities.
The guidance indicates that certain accommodations can be used as long as they do not 鈥渋nvalidate鈥� the test.
But, 鈥渋f a student uses an accommodation that results in an invalid score, the student is considered to be a nonparticipant when calculating the participation rate for AYP purposes,鈥� the guidance reads.
鈥楢ppropriate Modifications鈥�
Mr. Padia said he understands that students who use assistive devices shouldn鈥檛 have their scores be considered proficient. 鈥淏ut, they did take the test,鈥� he said. 鈥淲e just allowed them to have appropriate modifications.鈥�
He did not know how many students might use such modifications, which could include calculators on math tests, dictated test questions, or the use of a dictionary. The decisions are made at the school level, he said.
But the change, which is effective for this school year鈥檚 tests, could result in some schools not making adequate yearly progress because their participation rates will change, he said. The No Child Left Behind law requires that 95 percent of a school鈥檚 population take the state assessments for a school to make AYP.
Mr. Padia said the department is brainstorming on potential solutions, 鈥渂ut there鈥檚 no guarantee any of them can be acceptable.鈥�
