NCLB Recommendation #11
SUBJECT
Assessment Participation Exemptions: Unusual Circumstances
P.L. 107-110 PROVISIONS
TITLE I PART A SUBPART 1 SEC. 1111(b)(2)
NSBA RECOMMENDATIONS
#11: Students may be exempted from the participation rate requirements on a case-by-case basis due to medical conditions, current state laws that grant parents final decisions regarding participation on standardized assessments, and uncontrollable circumstances such as a natural disaster.
RATIONALE
This option recognizes that there may be unique circumstances involving students that are not in the control of the school and should not adversely impact the determination of AYP for the entire school or school district.
PROPOSED BILL LANGUAGE
Section 1111 (20 U.S.C. 6311) is further amended in subsection (b)(2) by adding at the end the following:
“(N)* Students Exempt From Participation In Assessments – For the purpose of determining compliance with the percentage required by subparagraph (I)(ii), the State may provide for a student to be excluded from the determination with respect to an assessment if any of the following apply:
“(i) Excused Absence – The student did not take that assessment by reason of –
“(I) a medical condition;
“(II) a parental decision to exempt the student, if such a decision is available under, and exercised pursuant to, State law; or
“(III) a circumstance out of the control of the student, school or local educational agency, such as a natural disaster.
*Note: (N) is a newly proposed subparagraph, its letter may vary in the final bill.
IMPACT OF CURRENT LAW
The current law does not explicitly allow states to exempt students from participation of testing due to medical conditions or other situations not controlled by schools or school districts. That means a school or school district must count these students who cannot take an assessment because of special circumstances against the required participation rate. Over the years, the U.S. Department of Education has allowed states to not count students who did not take the test because of medical conditions against the 95 percent requirement. However, the practice is not consistent among states and other special circumstances such as natural disasters or parental preference were not considered. NSBA’s recommendation will ensure that schools and school districts are not inappropriately rated as failing to meet AYP because special circumstances prevent certain students from taking state tests.
NSBA CONTACT
Reggie Felton, director of federal relations, 703-838-6782 or rfelton@nsba.org.