Dianna vs. the Board of Education 1970 Filed on behalf of 9
students who were Mexican American Placed in classes for special
education after a test on intellectual functioning that had been
normed on children who were Caucasian Items were deemed to be
culturally biased Court ruled that children were to be compared to
their peers
Slide 4
Larry P vs. Riles Plaintiff was African American Court ruled
that the assessment was biased IQ was used as a measure of ability
and test had not been standardized on a population that included
minority students Further ruled that no students could be placed
until non biases tests were developed States forced to retest all
students and provide compensatory education
Slide 5
Chapman vs California Department of Education Alleged test
required for graduation (High School Exit Exam) was discriminatory
Court rules that a neutral agent should study the issue Pending
legislation for 2009 graduates for allow exemptions for students in
special education classes
Slide 6
A.S.K. vs Oregon Alleged test required for graduation was
discriminatory for students with learning disabilities Neutral
panel submitted report Oregon will take extensive steps to modify
its current testing system so that students with learning
disabilities will not be tested on their disabilities and instead
will be able to demonstrate their abilities. Broaden list of
acceptable modifications Institute an appeals process Evaluate
tests to see if they are valid and reliable for students with
SLD
Slide 7
Noon vs Alaska More accommodations allowed on state high school
graduation exams an alternative portfolio review assessment for
students with severe disabilities to demonstrate their proficiency
in math, reading, and writing, an expedited due process appeals
system
Slide 8
Briemhorst vs ETS ETS agreed to stop flagging the test results
of students who received extra time
Slide 9
Slide 10
IDEA requires States to establish performance goals and
indicators for children with disabilities--consistent to the
maximum extent appropriate with other goals and standards for all
children established by the State--and to report on progress toward
meeting those goals.
Slide 11
Congresss findings for the IDEA 1997 amendments noted that "the
implementation of this Act has been impeded by low expectations
Over twenty years of research and experience has demonstrated that
the education of children with disabilities can be made more
effective by having high expectations for such children and
ensuring their access in the general curriculum to the maximum
extent possible."
Slide 12
A State assessment system will determine whether schools and
districts receiving Title I funds are making adequate yearly
progress (AYP) toward enabling all students in Title I schools to
reach high standards. All students with disabilities in those
schools must be included in the State assessment system Scores of
students with disabilities must be included in the assessment
system for purposes of public reporting and school and district
accountability.
Slide 13
Title II of the ADA provides that no qualified individual with
a disability shall, by reason of such disability, be excluded from
participation in or be denied the benefits of the services,
programs, or activities of a public entity or be subjected to
discrimination by such an entity.
Slide 14
IEP should include a statement of any individual modifications
in the administration of State and district-wide assessments.
Excluding students with disabilities from these assessments
severely limits and in some cases prevents children with
disabilities from continuing on to post- secondary education.
Slide 15
Section 504 of Rehabilitation Act of 1973 prohibits exclusion
from participation of, denial of benefits to, or discrimination
against, individuals with disabilities on the basis of their
disability in federally assisted programs or activities.
Slide 16
States must use information about the performance of children
with disabilities in State and district-wide assessment programs to
revise their State Improvement Plans States and LEAs also use
results for rewards and sanctions for schools and districts
Slide 17
The IEP team determines how the child participates in State and
district-wide assessments of student achievement. What medications
in administration What modifications in content (Extend 1 and 2) as
approved by the State The IEP may NOT exempt the student from
participation
Slide 18
Decisions about student promotion or graduation may be based on
state assessments Other assessments and performance measures may be
sued
Slide 19
Assessing students using versions of tests that were designed
for students in other (usually lower) grade levels. May limit
student frustration and provide appropriate assessment levels. not
specifically prohibited by IDEA but may be problematic when used
for accountability purposes. BUT 34 CFR 300.137 requires that the
performance goals for children with disabilities should be
consistent, to the maximum extent appropriate, with other goals and
standards for all children established by the State.
Slide 20
Out of level testing MAY Lower expectations Prevent students
from demonstrating full competence Restrict access to general
curriculum
Slide 21
Modifications must be included in IEPs Allow practice with
modifications prior to testing Ensure modifications are useful
Ensure modifications do not impede
Slide 22
Time Extended time Distributed time Start times Multiple day
Setting Separate setting Preferential seating Small group setting
Presence of a familiar or specific teacher
Slide 23
Presentation Braille Large print Fewer items per page Read
aloud Audio and visual accommodations Response accommodations Write
in book Verbal Scribe Word processor Brailler
Slide 24
Aid accommodations Overlays (masks for problems) Voice
activated computers Calculators
Slide 25
Be aware of how an accommodation may change what the assessment
measures. Match the accommodation to the testing format (e.g.,
extended time for timed assessments, dictation for written essays).
Match the accommodation to individual student needs read aloud
accommodation in science for a student who knows the material but
cannot read the test because he or she has skills that are below
grade level testing breaks for a student with ADHD who cannot
concentrate for long periods of time
Slide 26
Use accommodations only if educators use them in the classroom
or they are otherwise necessary