Department of Education issued draft guidance on the standards and testing provisions of NCLB

On March 18, 2003, the U.S. Department of Education (ED) issued draft non-regulatory guidance on the standards and testing provisions of NCLB. The guidance specifies that individualized education programs (IEP) cannot be used to exempt disabled students from state tests and that private schools are not subject to state standards or assessments. Although the guidance is non-binding, many of the issues it addresses are also covered in ED regulations issued in July 2002. The issues addressed in the guidance include: use of a mix of assessments (i.e., local exams) to satisfy federally required achievement gains, disabled students, English language learners, migrant and other mobile students, and private schools.

ED guidance: http://www.ed.gov/offices/OESE/saa/standassguidance03.doc

July 2002 regulations: http://www.ed.gov/legislation/FedRegister/finrule/2002-3/070502a.html