New No Child Left Behind (NCLB) Policy Changes

On April 7, 2005, the U.S. Department of Education announced a new policy affecting the inclusion of students with disabilities in adequate yearly progress (AYP) accountability systems.  Current policy, as outlined in December 2003 regulations, allows students with severe cognitive disabilities to take alternate assessments based on alternate standards. There is no set limit on the number or percent who can take these alternate assessments.  A maximum of 1 percent of the total tested population, however, can have their proficient scores on alternate assessments count as proficient in state AYP accountability systems.  The new 2005 policy allows for an additional 2 percent of the total tested population to have their proficient scores from alternate assessments included as proficient in the state accountability system.  This additional 2 percent is designed to include students with "persistent academic disabilities," often referred to as "gap" students, who cannot reach grade-level standards even with the best instruction.  The policy indicates that states should develop "modified academic achievement standards" and develop alternate assessments based on these modified standards.  Documents posted to the U.S. Department of Education Web site include the following:  This policy allows students with persistent academic disabilities to take academic assessments that are sensitive to measuring progress in their learning and that recognize their individual needs. This provision is for those students who are not likely to reach grade-level achievement because of their disability in the same timeframe as students without disabilities; but who will make significant progress.

This new policy will be released in a notice of proposed rulemaking later this spring, which means that the actual regulation will not be official until several months from now.  In the meantime, the department has indicated that it will establish state-specific flexibility agreements that may include amendments to accountability plans. During the April 7, 2005, announcement, the administration indicated that the deadline for requesting amendments to state accountability plans that apply to the 2004-2005 school year would be extended to mid-May 2005 to accommodate the new policy. 

In addition to this specific policy change, the U.S. Department of Education appears to be offering states some flexibility in regard to the fine details of the law provided they are complying with its broad principles.   Potential flexibility may include allowing the use of growth models or an existing state accountability system rather than the current AYP system.  The broad principles of NCLB were defined as:increasing achievement overall and closing the achievement gap; holding all students accountable, including disaggregating subgroup scores and testing every year as required by law;  ensuring that information is accessible and all options, including choice and supplemental services are being offered; and  ensuring teacher quality, including that all students are taught by highly qualified teachers. Each of the above bullets has specific requirements.  It is unclear how closely states would have to comply with all of the requirements, or the degree of subjectivity that would be applied to this compliance.  It is also unclear whether the expansion of the percentage of students whose scores from alternate assessments could count toward the state accountability system would be allowed for every state, or only for those deemed in compliance with NCLB's broad principles.

We will update you with details as they become available.  In the meantime, we invite you to visit the U.S. Department of Education's announcement and related materials at www.ed.gov/news/pressreleases/2005/04/04072005.html or to contact Beth (800/238-1133, ext. 7997, or bantunez@aft.org ) with questions about this announcement or other NCLB provisions.