Wednesday, August 28, 2013
The U.S. Department of Education proposed new regulations on Friday to transition away from the existing "2 percent rule" that allows states to count as proficient scores for up to 2 percent of students using assessments based on modified academic achievement standards. Currently, states can use the results of assessments modified for students with disabilities for accountability purposes under Title I of the Elementary and Secondary Education Act (ESEA) and the Individuals with Disabilities Education Act (IDEA). Under the Department's proposed regulations, states will not be permitted to give alternate assessments based on modified academic achievement standards after the 2013–14 school year and students with disabilities will take general assessments instead. Education Secretary Arne Duncan said in the DOE’s press release, "We have to expect the very best from our students and tell the truth about student performance, to prepare them for college and career. That means no longer allowing the achievement of students with disabilities to be measured by these alternate assessments aligned to modified achievement standards. This prevents these students from reaching their full potential, and prevents our country from benefitting from that potential." The proposed regulations were published in the Federal Register on August 23, 2013, and can be viewed here.