More Resources Additional Guidance (March 2, 2004) Regulation (December 9, 2003)

The U.S. Department of Education today provided states with additional guidance to help them meet the requirements of the No Child Left Behind Act for students with significant cognitive disabilities.

The policy guidance outlines the means by which states can seek an exemption to the 1 percent cap on the number of proficient scores from alternate assessments that may be included in calculations for determining adequate yearly progress (AYP) under the new law.

"This is yet another step in our efforts to provide states with as much information and technical assistance as possible in helping them meet the No Child Left Behind goals to help promote excellence in American education and assist all of our children to reach their academic potential," said U.S. Secretary of Education Rod Paige.

To exceed the exemption cap, states must provide the following information, including:

• An explanation of circumstances that result in more than 1 percent of all students statewide having the most significant cognitive disabilities and who are achieving a proficient score on alternate assessments based on alternate achievement standards;
• Data showing the incidence rate of students with the most significant cognitive disabilities; and
• Information showing how the state has implemented alternate achievement standards.

"We expect that it will be necessary to grant exceptions only for small increments above the 1 percent cap and that we will grant such exceptions only for a specified period of time, depending on the circumstances that warrant the exception," Paige said.

The secretary also strongly encouraged states to establish systems that are equally rigorous for local school districts that request an exception to the 1 percent cap.

A district may initiate an exception request, or a state may apply for an exception on behalf of a district. In either case, the district should provide evidence that explains why more than 1 percent of all students in the district's tested grades have the most significant cognitive disabilities.

In addition, as states consider whether to allow any exceptions, Paige said they should be mindful of how individual local exceptions will affect the overall 1 percent cap that applies at the state level. Under final rules published in the Dec. 9 Federal Register, states, school districts and schools now have the flexibility to count the proficient scores of students with the most significant cognitive disabilities who take assessments based on alternate achievement standards.

Without this flexibility, those scores would have to be measured against grade-level standards and considered "not proficient" when states measure AYP. The number of those proficient scores may not exceed 1 percent of all students in the grades tested.

In other words, those students will be assessed by their achievement of standards deemed appropriate for their intellectual development, thus allowing states to more accurately gauge their progress. Nationally, about 9 percent of the total student population is served in special education, of which about 9 percent have the most significant cognitive disabilities.

For more information on the 1 percent cap, see the Education Department's Dec. 9 announcement at http://www.ed.gov/news/pressreleases/2003/12/12092003.html.

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