The Participation of Students with Disabilities in Statewide Assessments

1. The Participation of Students with Disabilities in Statewide Assessments Special Education Directors’ Quarterly Meeting February 5-6, 2004

2. Purpose of Presentation • Result of survey conducted at previous Quarterly Meeting • To discuss new Technical Assistance Manual:Participation of Students with Disabilities in the New Mexico Statewide Assessment Program.

3. Student Profile  Strengths  Concerns  Family’s Vision  Student’s Vision & Interests  Learning Style  Transition Needs Setting the Goals Annual Goals Based on Needs (linked to state standards)Supported With Short-Term Objectives or Benchmarks Progress Reports Educational Performance  Academic  Nonacademic  Impact of Exceptionality on Learning Assessment & Evaluation Results  Other Reports Environment Necessary to Achieve Annual Goals The decision considers:  LRE Spot on the Continuum  Accommodations  Aids & Supports (for Teachers, AT, BIPs) All-encompassing present levels set the baseline for Annual Goals. Placement (services + environment) determines what it takes to meet Annual Goals. Foreseeing the Goals Looking back on the Goals Services Corresponding to Annual Goals  Instructional  Related  Transition  Frequency  Duration  Nature  Special Factors Prior Written Notice of Actions Proposed—all options and proposals considered

4. Guiding Principles • All students, INCLUDING STUDENTS WITH DISABILITIES, must have • Access to the general curriculum • Opportunity to demonstrate mastery of the curriculum.

5. IDEA Mandates participation in statewide assessments. NCLB Mandates inclusion of scores for students with disabilities in accountability systems, which are largely based upon the results of statewide assessments. Legal Mandates

6. Applicable Federal Regulations • 34 CFR Sec. 300.138 Participation in assessments. • 34 CFR Sec. 300.139 Reports relating to assessments. • 34 CFR Sec. 300.220 Consistency with State policies. • 34 CFR Sec. 300.346 Consider Assessment Results • 34 CFR Sec. 300.347 Content of IEP. • 34 CFR Sec. 200.13 Adequate yearly progress in general.

7. Applicable State Regulations • Subsection (E) 6.31.2.11 NMAC, Special Education Regulations, EDUCATIONAL SERVICES FOR CHILDREN WITH DISABILITIES • Subsection (K) 6.30.2.10 NMAC, Standards for Excellence

8. How Students with Disabilities Participate in Statewide Assessments • General Assessment with NO Accommodations • General Assessment with Allowable Accommodations • Alternate Assessment

9. Accommodations— Do not change the construct of what is measured. Used for equity and not advantage. Allowable for use in state and district wide assessments Modifications— Do change the construct of what is measured. Render results as invalid measure. Not allowed for use in state and district wide assessment participation Accommodations vs. Modifications

10. OSERS’ Letter of Clarification to Gloeckler (April 2003) • Points to emphasize • States may identify modifications that invalidate an assessment. • States may instruct IEP teams to select only accommodations that produce valid results. • A student with a disability is not considered as participating in an assessment, under IDEA, if provided w/ modifications that invalidate the results (OSERS interpretation of 300.347 (a) (5) (i).

11. OSERS’ Letter of Clarification to Gloeckler (April 2003) • Points to emphasize (cont.) • States must provide guidance on accommodations and modifications that clearly informs IEP teams of • how scores will be reported • any possible consequences for students or schools based on the team’s decisions.

12. Effects of Using Modifications • Test administrator must follow steps outlined in test administrator’s manual for noting that the test, or portion of the test, is invalidated. • Invalidated tests will not be scored or reported. • Unscored & unreported tests do not count toward a school or district’s participation rate under IDEA or NCLB. • Invalidated tests impact a school’s ability to make adequate yearly progress.

13. Types of Allowable Accommodations • Presentation • Response • Timing

14. Considerations for IEP Teams • Design educational programs that teach what will be tested. • Not all students need accommodations. • Understand the student’s disability. • Student needs are apparent long before the test window. • Do not provide any modifications that affect test validity.

15. Considerations for IEP Teams • Those that know the student best and those that know the test best must be involved in the decision making process. • Every member of the IEP team must understand.

16. Documentation • The IEP team must document how the student participates in statewide assessments— • General Assessment w/ no accommodations • General Assessment w/ allowable accommodations • IEP team must list the specific accommodations that the student will receive. • Alternate Assessment • IEP team must document that it has reviewed participation criteria and that the student meets all criteria for the New Mexico Alternate Assessment. The IEP must include why the state assessment is not appropriate and how the child will be assessed.

17. Students with Disabilities and High Stakes Assessments • Results often have consequences for • States • Districts • Schools • Staff (Administrators & Teachers) • Students • Graduation & Receipt of Diploma are often tied to the results of high stakes assessments • The NMHSCE is a high stakes assessment

18. Students with Disabilities and the NMHSCE • Requirements are dependent upon the student’s program of study—pathway. • Standard Pathway-student must pass all sections of the NMHSCE w/ or w/o accommodations and meet all other graduation requirements • Career Readiness Pathway-student must take NMHSCE and achieve a level of competency that is pre-determined by the IEP team and meet all other pathway requirements • Ability Pathway-a student must take either the NMHSCE or the New Mexico Alternate Assessment, achieve a level of competency that is pre-determined by the IEP team and meet all other pathway requirements.

19. Out-of-Level Testing • NM Consolidated State Application Accountability Workbook dated January 31, 2003, (p. 13): • “It should be noted that NMSDE does not permit out-of-level testing under any circumstances.”

20. Out-of-Level Testing (Cont) • NCLB Implementing Regulations dated December 9, 2003: • “…out-of-level assessments that are administered to students that are administered to students with the most significant cognitive disabilities and that meet the requirements of Sec. 200.1 (d) may be considered to be alternate assessments aligned with alternate achievement standards for the purposes of calculating AYP.”

21. Norm-Referenced Tests CTB TerraNova Criterion Referenced Tests NM Standards Based Assessment NM Writing Assessment NMHSCE NMHSSA NM Alternate Assessment NM Alternate Assessment for Writing NM Statewide Assessments

22. NM Content Standards with Benchmarks and the NM Expanded Performance Standards • Content Standards w/ Benchmarks established in nine areas • Statewide assessments focus on the four core areas: • Reading/Language Arts • Math • Science • Social Studies

23. NM Content Standards with Benchmarks and the NM Expanded Performance Standards • Expanded Performance Standards • Also focus on the four core academic areas of reading/language arts, math, science, social studies. • Are the alternate achievement standards to which students taking an alternate assessment would be held.

24. Test Descriptions • Basic information on each test in the NM Statewide Assessment Program • Purpose • Subtests • Task Demands • Method of Response • Grade Levels • Schedule • Participation • Other Issues

25. Tables • One table for each assessment • Broken down by subtests • Lists various adaptations • Adaptations are identified as either ACCOMMODATIONS OR MODIFICATIONS. • N/A = adaptation does not apply for particular assessment (i.e., Use of arithmetic tables during reading/language arts subtest).

26. Suggestions for IEP Teams • First, consider the grade in which the student is enrolled • Second, determine which assessments are required at that particular grade level (see page 24 of the TA manual)

27. Suggestions for IEP Teams (cont.) • Third, discuss, as an IEP team, how the student will participate in those assessments– • General assessment w/ no accommodations • General assessment w/ allowable accommodations • Alternate assessment • Fourth, complete necessary paperwork • IEP Forms • Alternate Assessment Addendum if necessary

28. Suggestions for IEP Teams (cont.) • Be specific as to how the student will participate in the statewide assessment. • If the student will receive accommodations, list each specific accommodation • Address the manner in which the student will participate in statewide assessments in the prior written notice that follows the development of the IEP.

29. Suggestions for Spring ’04 Testing • Review IEPs for students • If specific accommodations are listed, determine where those specific accommodations fall into the new guidance • Allowable accommodations? Mark “SE w/ Accommodations” bubble on test protocol • Modification? IEP team must decide…

30. Suggestions for Spring ’04 Testing • Modification? IEP team must.. • Hold IEP meeting to consider the use of allowable accommodations under the new guidance, (Attach IEP addendum indicating changes.) OR • Administer the assessment with listed modifications, but follow procedures for invalidating the assessment (slide 11), keeping in mind the impact on reporting & accountability.

31. Questions? Contact the Special Education Office (SEO) and ask to speak to an available consultant (505) 827-6541 lchacon@sde.state.nm.us tpotts@sde.state.nm.us