October 12, 2008
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NCLB Recommendation #10


SUBJECT
Assessment Participation Rates

P.L. 107-110 PROVISIONS
TITLE I PART A SUBPART 1 SEC. 1111(b)(2)(I)(ii)

NSBA RECOMMENDATIONS
#10: The specific requirement for 95 percent test participation rate should be adjusted to a range of 90 percent to 95 percent based on criteria established in the state plan.

RATIONALE
The current 95 percent participation requirement can cause schools with small enrollments or subgroups with a small N-size to miss AYP because just one or two students did not take the test.

PROPOSED BILL LANGUAGE
Section 1111 (20 U.S.C. 6311) is further amended in subsection (b)(2)(I)(ii) –
by striking “95 percent” the first place such term appears and inserting “a percentage (from 90 to 95 percent, based on criteria established in the State plan)”; and
by striking “95 percent” the second place such term appears and inserting “percentage.”

IMPACT OF CURRENT LAW
To give an accurate picture of the performance of a group, a school or a school district; and to ensure accurate representation of low-achieving students, the state test should be given to as many students as possible. However, the current 95 percent participation rate for each subgroup can cause a subgroup or a school to miss AYP when just one or two students miss the test -- even if the subgroup or the school scored proficiency. The current requirement does not provide flexibility for states when dealing with small N-sizes or student attendance issues outside the school’s control.

NSBA CONTACT
Reggie Felton, director of federal relations, 703-838-6782 or rfelton@nsba.org.