TOPICAL REVIEW SEVEN
Accountability for Students with
Disabilities Who Receive Special Education:
Characteristics of the Subgroup of
Students with Disabilities
A Summary of Quantitative Findings from the
Educational Policy Reform Research Institute (EPRRI)
September 2006
The Institute for the
Study of Exceptional
Children and Youth
University of Maryland
1308 Benjamin Building
College Park, Maryland 20742-1161
301.405.6509 • 301.314.9158
The Educational Policy Reform Research Institute
Accountability for Students with
Disabilities Who Receive Special Education:
Characteristics of the Subgroup of
Students with Disabilities
A Summary of Quantitative Findings from the
Educational Policy Reform Research Institute (EPRRI)
Margaret J. McLaughlin
University of Maryland
Kimber Malmgren
University of Wisconsin, Madison
Victor Nolet
Western Washington University
September 2006
The Institute for the
Study of Exceptional
Children and Youth
University of Maryland
1308 Benjamin Building
College Park, Maryland 20742-1161
301.405.6509 • 301.314.9158
visit our web site at www.eprri.org
Funding for this research work was provided by the U.S. Department of Education, Office of Special Education Programs
(Grant # H324P000004). Opinions expressed in this paper are those of the authors, and do not necessarily reflect the views of the
U.S. Department of Education or the Office of Special Education Programs.
Any or all portions of this document may be reproduced and distributed without prior permission, provided the source is cited as:
Educational Policy Research Reform Institute (EPRRI) (date). Title of publication. College Park, MD: University of Maryland,
College Park Educational Policy Research Reform Institute. Retrieved [today's date], from the World Wide Web: www.eprri.org
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The Educational Policy Reform Research Institute
EPRRI, funded by the U. S. Department of
Education's Office of Special Education Programs,
investigates the impact of new educational
accountability systems on students with disabilities
and on special education. EPRRI addresses the
research needs of policymakers and other key
stakeholders by identifying critical gaps in current
knowledge, seeking promising strategies, and
publishing Topical Reviews, Policy Updates, and
Issue Briefs. The Institute is a joint venture of the
Institute for the Study of Exceptional Children and
Youth at the University of Maryland, the National
Center on Educational Outcomes at the University
of Minnesota, and the Urban Special Education
Leadership Collaborative.
2 Accountability for Students with Disabilities in Special Schools and Settings
Table of Contents
Topical Review Highlights
1
Introduction
3
Underlying Assumptions of NCLBA and Accountability Policy
5
What is EPRRI?
7
Overview of Research Design and Methods
9
Assessment Programs of the Four Study States
11
California
11
Maryland
18
New York
21
Texas
26
Summary
32
State and District Data Sources and Findings
35
Data Sources
35
Findings
36
Summary of Findings
51
Topical Review Summary of Findings
53
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Topical Review Highlights
Accountability for students with disabilities
who receive special education services is now a
result of policy requirements in the Individuals with
Disabilities Education Improvement Act of 2004
and the No Child Left Behind Act of 2001. Together
these pieces of federal legislation require that students participate in statewide assessments, that their
participation and results be publicly reported, and
that the results of the disability subgroup factor into
measures of Adequate Yearly Progress (AYP). While
the basic tenets of the laws have been adjusted to
add some flexibility, such as the provision that an
alternate assessment based on alternate achievement standards used to measure students with the
most significant cognitive disabilities, can be used
to count up to 1.0 percent of the total population of
students as proficient, in general the subgroup of
students with disabilities is now treated similarly
to other student groups in school accountability.
The purpose of this Topical Review is to provide a
picture of what the implementation of IDEA and
NCLB has produced in terms of participation and
performance in statewide accountability measures.
This is accomplished by focusing on EPRRI’s four
case study states (California, Maryland, New York,
and Texas), and partner districts within each state.
and the different implementation avenues that the
districts have pursued.
In addition to variable findings is clear evidence
that considerable change happens over time in states
to complicate the implementation of educational
reform initiatives such as those of standards-based
reform and accountability for all students. The
data from the four case study states reveal some
unintended outcomes of reform – such as the finding that as participation increased, performance
decreased. Clearly the intent of the reform was to
increase participation first, and then to increase
performance as well.
The possibility that schools are seeking loopholes to avoid responsibility for the performance
of the disability subgroup is difficult to identify in
a study such as this one. It is more likely that these
types of unintended outcomes will be identified in
case study research. This type of research is another
part of the EPRRI project, and is also available at
the EPRRI Web site www.eprri.org.
It is not possible to understand the state assessment participation and performance results without
having a sense of the context of the states and
the districts – the student population, the history
and nature of the assessment and accountability
systems, and the policies that surround the assessment system, such as those related to the use of
accommodations. These are investigated within this
Topical Review, along with the participation and
performance results of the states and districts. The
diversity in results is striking, and reflective of the
different policy directions that the states have taken
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2 Accountability for Students with Disabilities Who Receive Special Education
Introduction
Current policy requirements for accountability
relating to students with disabilities are found in
two federal laws: the Individuals with Disabilities
Education Improvement Act of 2004 (IDEA) and
the No Child Left Behind Act of 2001 (NCLBA).
Both pieces of legislation require states and local school districts to be held accountable for the
performance of students with disabilities on state
assessments. Students with disabilities are considered a subgroup under NCLBA and all requirements
pertaining to general education students also pertain
to this subgroup. Special education policy as defined
by IDEA has increasingly been aligned with the
accountability requirements of Title I of NCLBA.
Policymakers concerned about the low expectations
and poor post-school outcomes of students with disabilities have placed a strong emphasis on linking
the educational programs of these students to the
general curriculum and to state standards.
The IDEA requires states and districts to include
students with disabilities in local and statewide assessments with accommodations where appropriate
and to document this on individual student IEPs.
If a student with a disability will not participate in
the regular state assessment, the IEP must include
a statement of why that assessment is not appropriate for the child and how the child will be assessed.
For those students with disabilities who are not
able to participate in state assessments even with
accommodations, states were required to develop
an alternate means of assessment.
States and districts are also required to report
the performance of students with disabilities on
state and district assessments with the same frequency and in the same detail that they use to
report the performance of nondisabled students
[§612(a)(17)(B)(iii)]. In addition, states must re-
port the performance of students with disabilities
on any alternate assessment [§612(a)(17)(B)(iii)].
Other accountability provisions in special education include the requirement that states establish
performance goals and indicators for students with
disabilities and report progress toward these goals
to the U.S. Secretary of Education and the public
every 2 years.
While these IDEA requirements promote accountability, the Title I requirements of NCLBA
are now the primary tool in U.S. schools for accountability for students with disabilities. Under
NCLBA, states must assess at least 95 percent of all
students and students in each of five target groups,
including students with disabilities. In addition,
states must publicly report disaggregated subgroup
performance as long as student confidentiality is
maintained. However, schools are only accountable
for groups that are large enough to allow statistically
valid and reliable conclusions to be made regarding their performance on state assessments. This
minimum number for subgroup accountability is
determined by each state.
States must set separate annual measurable
objectives defined as annual yearly progress (AYP)
targets in mathematics and reading/language arts
ensuring that all groups of students remain on a
trajectory toward proficiency by 2013–14. These
targets increase over time and must be the same
for all schools serving the same grades and for all
groups of students within schools.1
1
The NCLB includes a “safe harbor” clause that can be applied to
any subgroup or subgroups of students that fail to meet the statewide
goal. In this situation, the school can still make AYP if the percentage
of students below proficient falls by 10 percent, and the subgroup or
subgroups in question meet the 95 percent participation requirement
and makes progress on the other required additional indicator.
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Recognizing that grade-level assessments
would not be appropriate for some students with
disabilities, the NCLBA regulations give states
and school districts the flexibility to measure the
achievement of students with the most significant
cognitive disabilities against alternate achievement
standards and to count the “proficient” scores of
these students as proficient in the calculation of
AYP [200.13(c)(1)(i)]. However, the number of
proficient scores on alternate achievement standards
at the local education agency (LEA) and state levels must not exceed 1.0 percent of all students in
reading/language arts and in mathematics (Federal
Register, Vol. 68, No 236, Tuesday, December 9,
2003, Rules and Regulations, pg. 68703).
An alternate achievement standard is an expectation of performance that differs in complexity
from a grade-level achievement standard. Under
NCLBA, individual states are allowed to define
alternate achievement standards as long as they are
aligned with the state’s academic content standards,
promote access to the general curriculum, and reflect professional judgment of the highest achievement standards possible [34 C.F.R. § 200.1(d)].
Thus, with some modification, the subgroups of
students with disabilities are now treated similarly
to other student groups. That means that similar assumptions that underlie NCLBA apply to students
with disabilities.
Accountability for Students with Disabilities Who Receive Special Education
Underlying Assumptions of NCLBA and
Accountability Policy
The 2001 NCLBA is based on a set of interrelated assumptions about educational accountability
that have been evolving for some time at the federal
level as well in state policies. Current accountability schemes are grounded in certain assumptions
including:
inferences about the performance of a subgroup
based on performance trends over time. The idea
that the school should be the unit of accountability
(e.g., consequences and improvement) is challenged if school test results are inexact and vary
unsystematically.
A. Common content and achievement standards
are essential for achieving educational equality
This report endeavors to help policymakers,
administrators, and practitioners better understand
the issues facing policymakers as they implement
the assumptions of standards-based accountability
with the subgroup of students who receive special
education. The report is one of two that synthesize
a set of analyses and studies that have been conducted under the auspices of the Educational Policy
Reform Research Institute (EPRRI). This report
presents the quantitative analyses, and its purpose
is to examine specific features of the subgroup of
students with disabilities as they relate to the specific accountability requirements. Separate reports
present a summary of the qualitative research involving state, local, and school-level administrators
and practitioners (see www.eprri.org).
B. “Closing the achievement gap” between
specific student subgroups is a central goal of educational reform
C. Achievement can be reliably measured
D. School is the unit of accountability and
improvement
E. Consequences (e.g., rewards and sanctions)
are necessary to prompt schools to act on performance data
Under NCLBA, these assumptions are applied
to all students and the specific student subgroups
defined in the law. Yet, students with disabilities,
specifically those who receive special education
services under Part B of IDEA challenge some of
these foundational assumptions. For example, the
concept of universal standards is challenged by
the heterogeneity of the population and validity
and reliability of the assessment results has also
been problematic given issues surrounding accommodations. Furthermore, the notion of “closing the achievement gap” assumes that subgroup
performance is solely the result of educational
opportunity as opposed to intra-child factors. Finally, consequences are dependent on the ability to
accurately measure across subgroup performance
and policymakers must be able to make defensible
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6 Accountability for Students with Disabilities Who Receive Special Education
What is EPRRI?
The Educational Policy Reform Research Institute (EPRRI), funded by the U.S. Department
of Education’s Office of Special Education Programs, is a project of the Institute for the Study of
Exceptional Children and Youth at the University
of Maryland, in collaboration with the National
Center on Educational Outcomes and the Urban
Special Education Leadership Collaborative.
EPRRI investigates the impact of new educational
accountability systems on students with disabilities
and special education programs, develops Topical
Reviews, Policy Updates, and Issue Briefs that review current accountability policies and practices,
conducts Policy Symposia to identify and analyze
current policy issues related to accountability reforms, and conducts research in collaboration with
four core states: California, Maryland, New York,
and Texas.
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8 Accountability for Students with Disabilities Who Receive Special Education
Overview of Research Design and Methods
This report provides a descriptive profile of
selected characteristics of the subgroup of students
with disabilities who were receiving special education within public schools in a total of eight school
districts within four states: California, Maryland,
New York, and Texas. The report is based on
quantitative data collected at state and district levels
during three school years: 1999-00; 2000-01; and
2001-02. This report begins by describing the assessment programs of each state, then follows with
the quantitative participation and performance data
for all students and for students with disabilities.
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10 Accountability for Students with Disabilities Who Receive Special Education
Assessment Programs of the Four Study States
Each of the four states whose data are included
in this report has a unique assessment system used to
determine the academic achievement of students in
the state. Information about each state’s assessment
system was retrieved from a number of documents
and other sources, primarily the Internet. Following
is a description of the assessment and accountability
system that was in place in each of the four states
between the school years 1999-00 and 2000-01.
Also provided are details regarding future changes.
It is important to note that three of the four states
made substantive changes to their accountability
systems during the 2002-03 school year.
California
California’s assessment program, known as
the Standardized Testing and Reporting Program
(STAR), was authorized in October 1997. In November 1997, the Stanford Achievement Test Series,
Ninth Edition, Form T (SAT 9) was chosen as the
STAR test for a period of 5 years. The SAT 9 is a
multiple-choice test that allowed comparisons to
be made to a national sample of students. School
districts in California were required to test all students in grades 2 through 11. Students in grades
2 through 8 were tested in reading, mathematics,
written expression, and spelling. Students in grades
9 through 11 were tested in reading, writing, mathematics, science, and history/social science.
The only exemptions allowed were for special education students if their Individual Education Plans (IEPs) explicitly exempted them from
such testing and for any students whose parent or
guardian submitted a written request for exemption. Currently, the state office of education states
that students receiving special education services
who have IEPs specifying exemptions from STAR
must participate in an alternate assessment (i.e.,
the California Alternate Performance Assessment
[CAPA]).
In 1999 two additions were made to the STAR
program. Test items were added in language arts
and mathematics in order to create two additional
tests, the STAR augmentation of the SAT 9 (now
called the California Standards Tests – CST) and
the SABE/2. The latter was designated by the State
Board of Education for use with Spanish-speaking limited English proficient students. Following
the reauthorization of the STAR program in 2001,
several additional changes were made to the STAR
program. Three more CSTs were included: Grade 4
and 7 writing tests, Grade 9-11 end-of-course science tests, and Grade 9-11 history-social science
tests. Table 1 shows the CST tests and the grade
levels that were tested in 2004.
In addition, the California State Board of Education designated the California Achievement Tests,
Sixth Edition Survey (CAT/6) to replace the SAT
9, beginning in the 2002-2003 school year. The
CAT/6 now provides the normative component of
California’s assessment system. The assessment
reflects national standards and facilitates comparisons of California students to students from around
the nation. The normative group was obtained in
the fall of 1999 and the spring of 2000. California students in grades 2–11 are tested in reading,
mathematics, and language. Additionally, students
in grades 2–8 are tested in spelling and students
in grades 9-11 are tested in science. The National
Percentile Rank (NPR) and mean scale score are
reported for each grade level along with the percent
of students performing above the 75th NPR, at or
above the 50th NPR, and above the 25th NPR. The
California High School Exit Examination (CAHSEE) is administered in February and March and
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Table 1. California Standard Tests (CTS) Subtests and Grade Levels Tested.
CST Subtest
English Language Arts
Mathematics
General Mathematics (Grade 6 & 7 Standards)
Algebra I
Integrated Math 1
Geometry
Integrated Math 2
Algebra II
Integrated Math 3
Summative High School Mathematics
History – Social Science (Grade 6, 7, & 8 Standards)
World History
U.S. History
Science (Grade 4 & 5 Standards)
Biology/Life Sciences
Chemistry
Earth Science
Physics
Integrated/Coordinated Science I
Integrated/Coordinated Science II
Integrated/Coordinated Science III
Integrated/Coordinated Science IV
covers the content areas of English Language Arts
and Mathematics.
Assessment Accommodations
Revisions were made to testing accommodations for students with disabilities after the passage
of the NCLBA. Currently, students receiving special education services in California, through either
an IEP or a Section 504 Plan, are eligible for testing
accommodations if the IEP team deems them unable
to complete state assessments without their use.
These accommodations and modifications may be
used on all the statewide assessments, which are:
California Achievement Test (CAT/6), California
Standards Test (CST), Spanish Assessment of Basic
Education (SABE2), California High School Exit
Examination (CAHSEE), and the California English
Language Development Test (CELDT). For further
Grade Level
Tested
2 – 11
2–9
8 – 11
8 – 11
8 – 11
8 – 11
8 – 11
8 – 11
8 – 11
9 – 11
8
10
11
5
9 – 11
9 – 11
9 – 11
9 – 11
9 – 11
9 – 11
9 – 11
9 – 11
information regarding the CAT/6, CST, and SABE2,
go to http://www.cde.ca.gov/ta/tg/sr or http://www.
startest.org. Information on the CAHSEE can be
found at: http://www.cde.ca.gov/ta/tg/hs/index.asp.
While some test variations, such as clarification of
test directions and extra time (on the CST, CELDT,
and CAHSEE only) may be provided to all students,
assessment accommodations generally fall into the
following three categories:
•
Category 1 accommodations are referred to
as test variations and may be used by any
student who regularly uses them in the classroom. Examples of Category I accommodations are: Using a marker or mask to maintain
place, special lighting, and individual or
small group test administration.
12 Accountability for Students with Disabilities Who Receive Special Education
•
Category 2 accommodations may be used by
a student with an IEP or Section 504 plan.
The accommodations must be indicated in
the eligible student’s IEP or Section 504
Plan. Examples of Category 2 accommodations are: Completing a test across multiple
days, using extra time on a test, being tested
in the student’s home or in the hospital, being tested at a time of day beneficial to the
student; marking answer in the test booklet
for an adult to transcribe, using a scribe; and,
using large print or Braille tests.
•
Category 3 accommodations are referred to
as modifications in California and are considered to be nonstandard accommodations that
may have scoring implications. Examples
of Category 3 accommodations are: Using
a dictionary, having a reading passage read
aloud, using a calculator on a mathematics
or science test, and dictating a response to a
scribe.
Table 2 indicates which of the selected accommodations were permitted in California in 2001,
2003, and 2005. A few of the accommodations
(e.g., large print, magnification equipment, amplification equipment, calculator, individual administration) have remained the same over this time
period, but most accommodations have changed.
For example, in 2001, read aloud questions was
not permitted for reading passages on the Stanford
9 Reading Comprehension Test and the California
Language Arts Standards Test, and in 2003 this
accommodation was not allowed on any non-reading/ELA tests and allowed with implications for
scoring on the CAT6 and the CST reading tests.
Currently, this accommodation is allowed for math,
science, and history-social science tests and allowed
with implications for scoring on reading, language,
and spelling tests. Regarding the “with breaks” accommodation, in 2001, a student’s score was not
aggregated if there were unspecified breaks taken
within a test or subtest, however in 2003 and 2005,
this accommodation was allowed.
Table 2. California: Selected Accommodations, 2001, 2003, and 2005.
Accommodation
Large Print
Braille
Read Aloud Questions
Magnification Equipment
Amplification Equipment
Spell Checker
Calculator
Scribe
Write in Test Booklets
Extended Time
With Breaks
Individual Administration
Administration in Student’s Home
2001 2003
2005
A
A
A
AI
A
A
AC AC/AI AC/AI
A
A
A
A
A
A
AI
A
AI
AI
AI
AI AC/AI
A
A
A
AC
AI
A
AC
AI
A
A
A
A
A
A
A
Note: A = Allowed; AI = Allowed with implications for scoring and/or aggregation; AC = Allowed in
certain circumstances; P = prohibited
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Information on California’s accommodation
policies does not necessarily reflect the controversy
that has surrounded accommodations use in the
state. This is true particularly in regard to the use
of accommodations during the CAHSEE exit exam,
which resulted in a lawsuit in May 2001 (Juleus
Chapman et al. v. California Department of Education). The state initially indicated the students with
disabilities would have to request a waiver to use
accommodations during the exit exam. This was
quickly stopped by the judge who heard the case;
an immediate solution was imposed by the judge
who indicated that all students with disabilities
who needed accommodations to participate in the
exit exam could receive whatever accommodations
they needed. The state established (in response to
legislative and state board actions, SB 964) an advisory panel to consider options and provide input
to identify recommendations for alternatives to the
high school exit exam for students with disabilities.
These alternatives were to provide a different way
for students to demonstrate that they have met
the graduation standards when they need accommodations that produce invalid scores for the exit
exam. The final recommendation was to provide
an exemption from the requirement for students
with disabilities for at least one year. Despite resistance from the State Department of Education,
the one-year hiatus of the graduation requirement
for students with disabilities was enacted due more
likely to lawsuit threats rather than the panel recommendation.
In May 2006, a ruling was made on a second
lawsuit involving the CAHSEE. In Valenzuela v.
California Department of Education, an Alameda
Superior Court Judge ruled that the state of California could not withhold a high school diploma
from any student in the Class of 2006 who had
not passed the high school exit exam, but had met
all other graduation requirements. Upon hearing
this decision, Jack O’Connell, California’s State
Superintendent of Public Instruction, filed an appeal with the California Supreme Court to overturn
the ruling. A few weeks later, the Supreme Court
reversed the Alameda County Superior Court decision and reinstated the high school exit exam as a
requirement for graduation for the Class of 2006.
The Supreme Court also referred the case to the 1st
District Court of Appeals, and oral arguments in the
case are scheduled to be heard on July 25, 2006.
Alternate Assessments
For students with the most complex and severe cognitive disabilities, accommodations and
modifications may not be sufficient to enable their
participation in state- and district-wide assessments.
These students may either participate in the same
assessments at a grade-level different from the one
in which they are presently enrolled (out-of-level
testing) or participate in the California Alternate
Performance Assessment (CAPA), intended to
individually assess the state’s Academic Content
Standards. Out-of-level testing is not permissible
for students in grades 2, 3, or 4. Students with IEPs
or Section 504 Plans in grades 5-11 may be tested
no more than two grade levels below their enrollment grade. Any student taking an out-of-level test
must participate in all the assessments given at that
grade level.
The California Alternate Performance Assessment (CAPA) was designed by Educational
Testing Services and was administered for the first
time in Spring 2003. Results from the CAPA were
included in the 2004 Base API, which is described
later in this section. The CAPA is designed to be
an alternate to California’s Standardized Testing
1 Accountability for Students with Disabilities Who Receive Special Education
and Reporting (STAR) Program for students with
more significant disabilities in grades 2-11 who
are unable to take a large-scale assessment, even
with accommodations. The CAPA is an on-demand
performance event assessment aligned to a subset
of the California content standards, specifically the
ELA and mathematics standards.
For those students with severe disabilities who
are not assigned to a grade level, subtracting 5 from
the student’s chronological age determines the
student’s grade for testing purposes. For example
for accountability purposes, a 12-year-old would be
enrolled in grade 7 in a graded program.
The CAPA has five levels: Level I (grades 211); Level II (grades 2-3); Level III (grades 4-5);
Level IV (grades 6-8); and Level V (grades 9-11).
Most students eligible for the CAPA will take the
level corresponding to their grade. However, some
students with complex, profound disabilities may
be eligible only for Level I. This level represents an
opportunity for students with the most significant
disabilities to demonstrate their skills and independence. As with the STAR assessments, a student
may be exempted from CAPA by parental waiver.
Accountability
Accountability in California’s educational
system is defined by the Public Schools Accountability Act (PSAA) of 1999, which authorized the
creation of a new educational accountability system
for California public schools. The Public School
Performance Accountability Program consisted of
the following three component parts: (a) the state
Academic Performance Index, known as the API;
(b) the Immediate Intervention/Underperforming
Schools Program and (c) the Governor’s High
Achieving/Improving Schools Program. California
reports its API as: (1) a base component and (2) the
growth component. The base report is published
each January or February to inform schools on the
amount of progress they need to make on that year’s
Spring assessments to meet their individual API
target. In the fall, the growth reports are published
to show if schools have reached their growth targets
based on performance on the previous spring’s assessments.
The State Board of Education has approved five
performance standards for the state assessments:
advanced, proficient, basic, below basic, and far
below basic. Students performing at the proficient
level, the state’s desired performance level for all
students, score at or above the 50th percentile on
the CAT/6. The California Standards Test (CST)
requires the individual to reach a score of 350 or
higher, while the CAPA requires a score of 35 or
higher to be at the proficient level. This definition
of proficient is used to calculate Adequate Yearly
Progress (AYP) under the NCLBA.
The cornerstone of California’s Public Schools
Accountability Act of 1999 is the Academic Performance Index [API]. This figure is used to measure
the growth and academic performance of schools
by assigning a numeric value, ranging from 200 to
1000, to their academic improvements; the target
score for all schools is 800. The weight of each test
in the school’s API varies by grade level as shown
in the Tables 3 and 4.
To calculate a school’s API score, each student’s
national percentile rank on the norm-referenced test,
standards-based performance level on the CST, and
performance level on the CAHSEE (if applicable),
are weighted and combined to produce a summary
result for each area. Those summary results are
then also weighted and combined to yield a number
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Table 3. California: Academic Performance Index (API), Elementary and Middle Schools (Grades Two through Eight).
2000-01 API
Cycle
2000 API Base
and 2001 API
Growth
NRT
Content Area
English Language Arts
(ELA)
NRT
(Reading)
(Language)
(Spelling)
CST
Mathematics
NRT
CST
Total
30%
15%
15%
2001-02 API
Cycle
2001 API Base
and 2002 API
Growth
NRT
CST
2002-03 API
Cycle
2002 API Base
and 2003 API
Growth
NRT
CST
2003-04 API
Cycle
2003 API Base
and 2004 API
Growth
NRT
CST &
CAPA
24%
(12%)
(6%)
(6%)
12%
(6%)
(3%)
(3%)
12%
(6%)
(3%)
(3%)
40%
100%
40%
48%
48%
36%
8%
64%
36%
20%
8%
32%
80%
20%
32%
80%
Note: NRT = Norm-referenced test (Stanford 9 through 2002; CAT/6 Survey beginning in 2003)
CST = California Standards Test
CAPA = California Alternate Performance Assessment
Source: California Department of Education. 2003-04 Performance Index Growth Report: Information Guide.
October 2004, p. 22.
Table 4. California: Academic Performance Index (API), High Schools (Grades Nine through Eleven).
Content Area
ELA
NRT
(Reading)
(Language)
CST
CAHSEE
Mathematics
NRT
CST
CAHSEE
Science
NRT
CST
Social Science
NRT
CST
Total
2000-01 API
Cycle
2000 API
Base and
2001 API
Growth
NRT
20%
20%
2001-02 API
Cycle
2001 API Base
and 2002 API
Growth
NRT
CST
16%
(8%)
(8%)
2002-03 API Cycle
2003-04 API Cycle
2002 API Base and 2003
API Growth
2003 API Base and 2004
API Growth
NRT
CST
CAHSEE
6%
(3%)
(3%)
24%
NRT
CST &
CAPA
6%
(3%)
(3%)
32%
35%
10%
10%
20%
20%
3%
3%
16%
18%
5%
5%
20%
20%
CAHSEE
3%
3%
5%
20%
20%
100%
76%
24%
12%
20%
73%
15%
12%
73%
15%
Note: NRT = Norm-referenced test (Stanford 9 through 2002; CAT/6 Survey beginning in 2003)
CST = California Standards Test
CAPA = California Alternate Performance Assessment
CAHSEE = California High School Exit Examination
Source: California Department of Education. 2003-04 Performance Index Growth Report: Information
Guide. October 2004, p. 22.
16 Accountability for Students with Disabilities Who Receive Special Education
between 200 and 1000, which is the school’s API.
Prior to July 2003, the minimum annual growth
target for each school with an API lower than 800
was 5% or a minimum of one point. Schools with an
API above 800 must maintain that API. According
to the Public Schools Accountability Act of 1999,
if a school meets their API growth criterion, the
school is eligible for the Governor’s Performance
Award Program, which includes monetary rewards,
special commendations and school honor roll, or
the Certified Staff Performance Incentive Award.
Schools ranked in the lower half of the state and
not meeting their growth targets will be identified
for the Immediate Intervention/Underperforming
Schools Program (II/USP).
If a school fails to meet its API growth target,
the school is recommended for the II/USP and it
could be selected to receive improvement funding.
If the school fails to meet its API growth target in
the following year, local interventions will be put
into place such as removing the barriers toward
improved student achievement or requesting the
High Priority Schools Grant from the state amounting to $200 per child and not less that $50,000 per
school. If local interventions do not help the school
to meet its target in the third consecutive reporting
cycle, the school is deemed low-performing and the
“Superintendent of Public Instruction shall assume
all the legal rights, duties, and powers of the governing board with respect to that school” (Summary
of SB 1552, 52055.5c, 1999). The State Board of
Education then has the option of at least one of the
following:
•
Revising the attendance policy for the students, allowing them to attend any public
school with space;
•
Allowing parents to form a charter school;
•
Assigning the management of the school to
a university or other high education professional;
•
Reassigning employees of the school;
•
Renegotiating the teachers’ contract at the
end of the contracted year;
•
Reorganizing the school; or
•
Closing the school.
The API aligns with the AYP requirement of
the NCLBA, and the state continues to report both
results under the general heading of Accountability
Progress Reporting (APR). Progress of one point or
more on the API will translate to the same amount
of gain in the AYP calculator. Schools with fewer
than 100 valid scores may be paired with a school
in the same LEA with a grade outside the testing
program and the scores of both schools will be
aggregated across no more than three years, or a
statistical test will be applied to achieve a 95% confidence interval in AYP determination (California
Department of Education, 2004). At the elementary
level, scores from the CAPA have been aligned with
the performance levels from the CST; the CAPA
scores can be integrated with those of the students
assessed with the CST to produce one measure of
proficient for calculation of a school’s AYP. At the
high school level, the CAHSEE is scored as “pass/
no pass.” Participation rates in all tests have been
calculated by requiring that all students complete
the demographical portion of the Student Answer
Document whether or not they are participating in
the standard assessments.
The Educational Policy Reform Research Institute 17
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All schools in California have been advised
that they must improve by annual increments of
10.8 in their English and Language Arts programs
before 2014 and that they must improve by increments of 10.5 in their Math programs by the year
2014. However, there have been no changes to
the consequences that a school will face for failing to meet its AYP goal since the adoption of the
NCLBA. According to the most recent information
available, California is continuing to discuss how
best to align its present state interventions for low
performing schools with the specific requirements
of the NCLBA. This will require extensive legislative and regulatory changes.
improve instruction in schools. The assessments
were used to measure the performance of Maryland schools, not of individual students. Thus,
individual student scores were not reported. The
MSPAP assessments measured how well students
solved problems cooperatively and individually, and
how well students applied what they learned to real
world problems, and how well students could relate
and use knowledge from different subject areas. The
MSPAP assessments were criterion-referenced performance tasks linked to student content standards.
Performance tasks were administered in reading,
mathematics, writing, language usage, science, and
social studies.
Before NCLBA, California required that
schools be accountable for a child’s performance
once the child had been in that school district for
a year. This has been changed so a student must
be in a school for a year’s time before the district
is accountable for the student’s performance. At
this time, California does not have a way to longitudinally track high school students from entry to
graduation, as required by NCLBA.
Since the MSPAP was designed for school accountability purposes and not to measure individual
student achievement, only a portion of the entire
assessment was administered to any given student.
In each content area, MSPAP results were reported
through five proficiency levels with Level 1 being
the lowest level of proficiency and Level 5 the
highest. Performance standards were established
for both schools and school systems. In order to
meet the Satisfactory level of performance, 70%
of a school’s students had to score at proficiency
Level 3 or above on the assessments. To meet the
Excellent standard, 70% of students in a school had
to score at level 3 and above, with at least 25% of
the students scoring at Level 2 or higher.
Maryland
In May 1990, the Maryland State Board of Education approved the Maryland Learning Outcomes
to be used beginning in 2000. An accountability
system was developed to assess schools’ progress
toward achievement of these learning outcomes.
This system became known as the Maryland School
Performance Assessment Program (MSPAP). The
MSPAP assessments were administered each May
to Maryland’s 3rd, 5th, and 8th graders to test their
mastery of the basics and how well they applied
knowledge in authentic problem-solving situations.
The primary purpose of the MSPAP assessments
was to provide information that could be used to
Maryland stopped using the MSPAP after the
2001-02 school year and implemented the Maryland School Assessment (MSA) during the 200203 school year. Maryland also discontinued the
use of a set of high school exit exams called the
Maryland Functional Tests in 2004 and phased in
the High School Assessments (HSA). These endof-course assessments measure students’ knowledge
18 Accountability for Students with Disabilities Who Receive Special Education
in the core subject areas of English, Algebra/Data
Analysis, Government, and Biology. The geometry
HSA fulfills the NCLB requirement for a grade
10-12 mathematics assessment. Beginning with
the graduating class of 2009 (students entering
grade nine in fall of 2005), students will be required
to earn a satisfactory score on the HSA to earn a
Maryland High School Diploma. No students are
exempt from participation in the current Maryland
Assessment Program (MAP), and all students must
participate in either MSA or the Alternate Maryland
School Assessment (ALT-MSA).
Assessment Accommodations
Students with disabilities currently have access to certain accommodations when taking tests
within the Maryland Assessment Program (MAP),
provided that the accommodations are aligned with
and are a part of daily instruction, and are justified
and documented in the student’s IEP, Section 504
Plan, or ELL Plan. There have been some changes
in which accommodations were permitted in Maryland since the implementation of NCLBA. Table
5 indicates how Maryland policies have changed
regarding selected accommodations since 2001.
Roughly half of the selected accommodations were
the same for 2001, 2003, and 2005; however, there
have been some notable changes across the years.
For example, students using a Braille version of the
CTBS/5 test in 2001 did not have their scores aggregated, but in 2003 and 2005 this accommodation
may be used without implications for scoring. Also,
while scores for students using a spell checker in
2001 were invalidated for the language use portions
of the CTBS/5, MSPAP, and HSA, this accommodation was not mentioned in 2003 materials and is
currently allowed for students.
As indicated in Table 5, questions could be read
to students who needed that accommodation when
the MSPAP was used for accountability purposes;
however, students who used the read aloud accommodation received the lowest possible score on the
test. In 2002—when test scores were first used for
NCLBA accountability purposes—there was much
turmoil because most schools in the state were
Table 5. Maryland, Selected Accommodations, 2001, 2003, and 2005.
Accommodation
Large Print
Braille
Read Aloud Questions
Magnification Equipment
Amplification Equipment
Spell Checker
Calculator
Scribe
Write in Test Booklets
Extended Time
With Breaks
Individual Administration
Administration in Student’s Home
2001
A
AI
AI
2003
A
A
AC/AI
A
AI
AC
A
A
AI
AC
A
A
A
A
A
A
A
A
A
A
2005
A
A
AC/AI
A
A
A
A
A
A
A
A
Note: A = Allowed; AI = Allowed with implications for scoring and/or aggregation;
AC = Allowed in certain circumstances; P = prohibited
The Educational Policy Reform Research Institute 19
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placed into the “needs improvement” category as
a result of the widespread use of the read aloud
accommodation. In 2003—after overwhelming
school district and public demand—the Maryland
accommodations policy was revised. Questions
can no longer be read aloud on the grade 3 and 4
general reading processes part of the MSA. If the
read aloud accommodation is used at other grade
levels, the test administration is considered to be
nonstandard; however, the score is invalidated only
for certain portions of the MSA directly related to
general reading processes.
Maryland is one of the few states that use a compensatory strategy to aggregate the scores of each
student. Scores for students who use a nonstandard
accommodation or who are unable to take a portion of a test are based on the remaining sections
of the test. In Maryland the aggregate score is the
total score across all items and dimensions being
assessed. According to Ryan (2002), this approach
“allows high scores on some measures to compensate for low scores on others” (p. 298).
Alternate Assessment
Prior to 2003 students with severe cognitive disabilities who were not able to participate in MSPAP,
even with accommodations, were permitted to take
the state’s alternate assessment, the Independence
Mastery Assessment Program (IMAP). The IMAP
assessment tested students in their functional life
skills in the areas of academics, communication/
decision making, career/vocational, community,
recreation/leisure, and personal management. The
IMAP assessments consisted of an on-demand
performance assessment accompanied by a portfolio. Student IMAP scores were not counted in the
accountability calculations prior to the NCLBA.
Between three and five percent of Maryland’s spe-
cial education population were eligible to take the
alternate assessment. Students participated in IMAP
in the same grades as they participate in MSPAP
(grades 3, 5, and 8) and in grade 11. A student for
whom the IMAP would be inappropriate because
of severe medical complications may be excused
from the IMAP administration, as determined by a
student’s IEP team and documented in the IEP.
When the MSPAP program ended, the IMAP
alternate assessment was also phased out. As previously mentioned, since 2003 the alternate assessment in Maryland has been called the Alternate
Maryland School Assessment (ALT-MSA) which
is based on the Maryland standards. Student with
severe and complex cognitive disabilities that are
unable to participate in the MSA take the ALTMSA. A portfolio is assembled for the ALT-MSA
that contains artifacts of student work that document student mastery of standards. The results are
reported at three levels of proficiency: Basic, Proficient, and Advanced.
Accountability
As part of its efforts at school reform, Maryland
also produced School Performance Reports, or
report cards, which served as the primary accountability tool for MSPAP at the school, system, and
state level. These included the School Performance
Indicator (SPI), which was a mathematical calculation based on schools’ attendance rates, MSPAP
scores, Maryland Functional Test scores, and (for
high schools) dropout rates. Individual student
scores were not reported for the MSPAP since
the test was to be used for school-level accountability and not as a measure of individual student
achievement. An SPI index score of 100 indicated
that on average a school was meeting the State’s
performance standards. A School Improvement
20 Accountability for Students with Disabilities Who Receive Special Education
Team, which is present in every public school in
the state, was charged with analyzing school and
district MSPAP data and using it to adjust curriculum and instruction to meet the Maryland Learning
Outcomes (MLOs).
Sanctions and awards were determined based
on these report cards. For schools that experienced
significant progress, monetary rewards and recognition were given. The Maryland State Department of
Education conceded in 2001 that the state standard
of 70% students meeting proficiency was challenging. At that time, the state had not yet met any of
the MSPAP standards. In 1999 only 8 of 24 school
systems had more than 50% of their students scoring
at Level 3 proficiency or higher. For this reason, focus was placed on schools’ improvement of scores,
rather than their actual percentage or comparison
to other schools. Thus, only those schools with
large portions of students scoring below Level 3,
and were declining or not making substantial and
sustained progress were identified by the state as
reconstitution-eligible schools. Such schools were
obliged to submit proposals for how to resolve the
problem and, after approval, received supplemental
funding, technical assistance, and monitoring. They
were expected to make major changes in staffing and school programs. Reconstitution-eligible
schools were removed from the list when they
showed improvement for three consecutive years
and met the state average SPI. In certain cases,
when schools still did not make sufficient progress, the state intervened with state reconstitution.
In 2000, the first three schools in Maryland were
reconstituted, meaning that oversight was shifted
from local school system to a third party.
As discussed above, in September 2002 the
Maryland Department of Education announced
that the Maryland School Assessment (MSA)
would replace MSPAP beginning in the spring
of the 2002-03 school year. Currently, the MSA
measures student achievement in grades 3-8 reading and math and grade 10 reading, and is based
on the Maryland Content Standards. The MSA is
also given in geometry after students complete a
geometry course, regardless of the students’ grade
level. The Maryland Content Standards specify
what students in grades K-12 should know and be
able to do in four core content area: Mathematics,
English/Language Arts, Science, and Social Studies. The MSA meets the federal requirements under
NCLBA that state assessments be administered annually and yield individual student scores. To build
the MSA, testing experts began with commercial,
norm-referenced tests to produce a norm-referenced
score. To create a criterion-referenced component,
test items that matched the Maryland Content standards were identified and new items were written
to ensure coverage of the content standards. The
format of MSA is a mixture of multiple choice
questions and short-essay questions.
The norm-referenced score will be used to
compare students’ performance to same grade
peers nationally, and the criterion-referenced score
will demonstrate how well the students mastered
the Maryland Content Standards. The MSA has
three levels of proficiency: basic, proficient, and
advanced. The state will use only the criterionreferenced score to make accountability decisions
for AYP. In addition, the High School Assessments
(HSAs) were launched in 2001-02.
New York
Before the passage of NCLBA, New York State
did not have a uniform accountability system, so
districts varied on how they tracked school perThe Educational Policy Reform Research Institute 21
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formance. However, during the 1996-97 school
year the New York State Education Department
published a Resource Guide that put forth learning standards for seven areas: English language
arts; The Arts; Social Studies; Math, Science, and
Technology; Languages other than English; Health,
Physical Education, and Family Consumer Sciences; and Career Development and Occupational
Studies. These learning standards formed the basis
for the education of all children in New York (www.
nysatl.nysed.gov/standards.html) and contributed to
New York State schools’ Adequate Yearly Progress
standards.
In 1999-00, a System of Accountability for Student Success (SASS) was established. This system
became New York State’s single accountability system designed to provide information about school
effectiveness in preparing students to meet New
York State’s learning standards, as indicated above.
These standards are aligned with curriculum and
the New York State Assessment Program (NYSAP)
across elementary, middle, and high school levels.
Assessments are administered at 4th grade and 8th
grade in English language arts and mathematics.
The basic structure of this test has remained the
same since 1999. However, in 2003, state administrators began to embed field test questions into the
test. Students are also tested on social studies in
5th grade and 8th grade, technology education in 8th
grade, and science in 4th grade and 8th grade.
At the high school level, the Regents Comprehensive Examination is used as the indicators for
NCLBA, along with the annual high school dropout
rate. The Regents Comprehensive Examination
tests English Language Arts, Social Studies, Science, Math, and Foreign Language, and students are
assigned a performance score of 1, 2, 3 or 4, with
4 being the highest attainable level and 2 being the
minimum level considered passing. The Regents
Competency Test is given to high school students
with learning disabilities and the test assesses
reading, writing, and mathematics. The Regents
Competency Test is graded on a pass/fail basis.
Beginning in 2002, the NYSAP began to be
tabulated using number-correct scoring that was
manipulated into a scale score. New York has established four levels of performance on the NYSAP
to determine a school’s Performance Index, which
reflects achievement toward state standards. Students receiving a score of Level 1 are identified
as having serious academic deficiencies and have
shown little or no proficiency in the New York state
content standards for their grade level. Level 2 represents students who have shown some knowledge
and skill in each of the required state standards for
elementary or middle school level students but still
need extra assistance to achieve all of the standards
required to pass the assessments. A Level 3 means
that a student has met standards, while a Level 4
means that a student has exceeded standards.
Assessment Accommodations
In New York students with disabilities are
permitted to use accommodations to meaningfully
access the standard assessments. The accommodations that are permitted on the statewide examinations have changed due to the NCLBA. The Board
of Regents found it necessary to make changes in
accommodations permitted for each of the tests.
Table 6 displays the accommodations provided in
the NYSAP before and after the NCLBA became
effective.
Table 7 indicates how New York policies have
changed regarding selected accommodations since
2001. Only one of the selected accommodations,
22 Accountability for Students with Disabilities Who Receive Special Education
Table 6. Accommodations Permitted in New York: Before and After NCLBA.
BEFORE NCLBA
AFTER NCLBA
Grades 4 and 8 ELA
Reading
- Oral reading or signing of reading passages (not
listening), multiple choice, and/or extended
response items
Grades 4 and 8 ELA
Reading
- All directions/items/questions within the grade
4 ELA Session 2, Part1 and Grade 8 ELA
Session 1, Part 2: Listening part of test may be
read aloud.
Grades 4 and 8 ELA
Writing
All directions, instructions/items/questions may
be read aloud to student
Students may NOT use spell-checking and/or
grammar-checking devices on any parts of ELA
test
Students may NOT have requirements for
spelling, paragraphing, and/or punctuation
waived for extended writing times found within
the Grade 4 ELA Session: Part 1; Session 2:
Part2; Session 3; or in the Grade 8 ELA
Session1: Part2; Session 2:Part2
Grade 4 Math
Grades 4 and 8 ELA
Writing
Use of spelling/grammar checking device on
tests measuring spelling and grammar permitted
Deletion of spelling, paragraphing, and/or
punctuation requirements on tests assessing
spelling and/or grammar allowed
Elementary, Middle, and High School Math
-
Use of calculator or abacus on math tests
measuring calculation skills such as addition,
subtraction, multiplication, division is permitted
-
No calculators allowed for all students
Grade 8 Math
-
Grade 4 Science; Grade 5 Social Studies; Grade Science
and Social Studies; Intermediate-Level Technology
Educational Tests
-
Assessments did not exist before NCLB
Book 1= No calculators allowed (test is based
on basic knowledge of addition, subtraction,
multiplication, and division)
Book 2 = calculators allowed for students with
disabilities if indicated in IEP or Section 504
Plan.
Grade 4 Science; Grade 5 Social Studies; Grade Science
and Social Studies; Intermediate-Level Technology
Educational Tests
-
Grade 4 Science; Grade 5 Social Studies; Grade 8
Science and Social Studies; Intermediate-Level
Technology Educational Tests
-
Assessments did not exist before NCLB
Tests must be read aloud to students with
disabilities whose IEP or Section 504 Plan
require this accommodation
Students with disabilities can use calculators if
indicated by IEP or 504 Plan
Grade 4 Science; Grade 5 Social Studies; Grade 8
Science and Social Studies; Intermediate-Level
Technology Educational Tests
-
-
Tests must be read aloud to students with
disabilities whose IEP or Section 504 Plan
require this accommodation
Students with disabilities can use calculators if
indicated by IEP or 504 Plan
The Educational Policy Reform Research Institute 23
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read aloud questions, has changed since the implantation of NCLBA. In 2001, read aloud was
allowed; however, in 2003, this accommodation was
allowed only in certain circumstances. For example,
the listening part of the test could be read aloud to
students on the Grade 4 ELA Session 2, Part 1 and
Grade 8 ELA Session 1 Part 2, but no other parts of
the student test books could be read aloud.
Alternate Assessment
Students with severe disabilities must be declared exempt from the general assessment by the
Superintendent and Committee of Special Education (CSE) based on the following criteria: (1)
severe cognitive disability, significant deficit in
communication/language, or significant deficits in
adaptive behavior, (2) requires a highly specialized
educational program that facilitates the acquisition,
application, and transfer of skills across natural
environments, and (3) requires educational support
systems, such as assistive technology, personal care
services, health/medical services, or behavioral
intervention. These decisions are made on a case
by case basis.
Although students may be exempt from testing
in the standard ELA and mathematics assessments
due to disabilities and limited English proficiency,
they must then take an alternate assessment that
models the standard test. In 1999, the State Education Department began development of an alternate
assessment for students with severe disabilities.
A statewide task force of educators, researchers,
parents, and advocates, along with the State’s alternate assessment testing contractor developed guiding principles, process and participation criteria,
guidelines for creating assessment tasks to measure
progress on the alternate performance indicators,
and a scoring rubric.
The New York State Alternate Assessment
(NYSAA) was created for students with severe
disabilities who are at the ages of 10-11, 14-15,
or 17-18. The NYSAA is a data folio assessment
in which students demonstrate their performance
toward meeting the alternate performance indicator
level of the New York State Learning Standards. In
addition to this assessment, an alternate assessment
Table 7. New York: Selected Accommodations, 2001, 2003, and 2005.
Accommodation
Large Print
Braille
Read Aloud Questions
Magnification Equipment
Amplification Equipment
Spell Checker
Calculator
Scribe
Write in Test Booklets
Extended Time
With Breaks
Individual Administration
Administration in Student’s Home
2001
A
A
A
A
A
A
A
A
A
A
A
A
2003
A
A
AC
A
A
A
A
A
A
A
A
A
2005
A
A
AC/AI
A
A
A
A
A
A
A
A
A
Note: A = Allowed; AI = Allowed with implications for scoring and/or aggregation;
AC = Allowed in certain circumstances; P = prohibited
2 Accountability for Students with Disabilities Who Receive Special Education
has been developed for students who have limited
English proficiency in correspondence to the ELA
assessment. This assessment is called the New York
State English as a Second Language Achievement
Test (NYSESLAT). For the assessments of Grade
4-Elementary Level Science, Grade 8-Intermediate Level Science and Grade 8-Intermediate Level
Social Studies, written translation is provided in
Chinese, Korean, Russian, Haitian Creole, and
Spanish. In addition, these assessments may be
translated orally for those students whose first language is not available in the written translation from
the Department (www.emsc.nysed.gov/ciai/testing/
eliinfogen/gr48sciss03.htm). The scores of students
who participate in the NYSAA are included with a
maximum of 1% of the scores used in calculating
the Performance Index.
In March 2002 New York State Department of
Education modified the NYSAP system for certain
students with disabilities by adding a provision that
permitted locally selected assessments to be used in
lieu of the state assessments (4th and 8th grade and
commencement assessments). Students who may
qualify for locally selected assessments are those
who, due to a performance gap resulting from the
students’ unique disability needs, are unable to meet
the grade/age level expectations of the regular state
assessments and do not meet the eligibility criteria
for the NYSAA.
The locally selected assessments must be
standardized, measure a student’s achievement of
the New York State learning standards, and be of
sufficient technical quality to measure progress toward the student’s performance indicator level. For
purposes of accountability, students who participate in locally selected assessments are counted as
though they performed at level one on the NYSAP
elementary and middle school ELA and mathematics assessments. Locally developed assessments
were first available in the spring of 2002 and are to
be in place for two years while the Department of
Education conducts pilot elementary and intermediate assessments of students who have been recommended by the CSEs. In April 2003 the provision
was extended for the 2003-04 school year.
Accountability
The performance of all students, regardless
of whether they take the standard or alternate
assessment, must be reported through the Local
Educational Agency Program (LEAP). LEAP is an
electronic software device that collects and reports
on State assessments administered in the elementary
and middle school levels. In using this device, it
will determine the school’s Performance Index,
which is the percentage of full-year students tested
who scored at Level 2 and above, and the percentage
who scored at Level 3 and above on each assessment. This will determine if the school has achieved
the State standard and its AYP target.
Another data collecting and reporting device
is called the System for Tracking Educational
Performance (STEP). STEP is software designed
to track all students’ performances in grades 9-12.
This tracking device also determines if schools have
met the State standard of the Performance Index
and AYP. Prior to NCLBA, AYP in New York State
was determined by using the performance of Title
1 schools, rather than measuring the performance
of all students. A district was considered to have
made AYP criterion if at least 50% of its schools
met the State standard or reached AYP on an assessment. Since the No Child Left Behind Act
was established, the following changes have been
made to STEP: the NYSESLAT, NYSAA, and the
The Educational Policy Reform Research Institute 25
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graduation/dropout rate are now included in the
system’s accountability and the performance index
increased. Now the district is held accountable for
all student subgroups, including individuals who
have been placed in programs outside of the district
(i.e., approved private placements). Also prior to
NCLBA there was a single measure for elementaryand intermediate-level ELA and a single measure
for elementary- and intermediate-level math that
combined results of Grade 4 and 8 assessments.
Under NCLBA, these measures are now separated
by grade level.
LEAP and STEP determine if a school has met
each State standard and appropriately labels each
school as “Meeting Standard,” “Below Standard,” or
“Farthest from Standard.” Schools that are farthest
below State standards are designated as Schools
Under Registration Review (SURR). SURR, which
was developed before the NCLBA, is a program
created by the Board of Regents in attempt to close
the gap of student performance. A SURR school is
labeled “School in Need of Improvement” if the
school performs below State standards and fails to
make AYP for 2 consecutive years. A school may
also be labeled a “Corrective Action School” if
the school, which was previously under “Need of
Improvement,” fails to make AYP in 2 out of the
next 3 years.
Even though SURR was created prior to the
NCLBA, the program has changed since the implementation of NCLBA. Schools used to be expected
to demonstrate that 90% of their students were
achieving at the minimally acceptable performance
level (Level 2). If a school did not demonstrate
this, the school was placed on registration review
and given 3 years to improve performance. If
no improvement was evident, the schools had to
close or reorganize. However, these schools were
not provided with substantial guidance on how to
reorganize. Now, a Local Assistance Plan (LAP)
and AYP Target must be established for the school
to raise its State standards. The district in which
the school is located develops the LAP. Since
NCLBA, there is a need for additional assistance to
ensure that a sufficient percentage of the subgroups
within a SURR school will achieve proficiency in
ELA and mathematics assessments. In addition,
the Commissioner established the AYP Target for
each school below State standards. For elementary
and middle schools that are below the targeted
performance level, the targets are set in 3-year
increments and the school is expected to close the
gap by 15% each year. For high schools, the goal
is to demonstrate improvement over the previous
year’s performance.
Texas
From 1980-1984 Texas assessed minimum basic
skills in reading, writing, and mathematics with the
Texas Assessment of Basic Skills (TABS) which
became the Texas Assessment of Minimum Skills
(TEAMS) from 1985-1989. Changes in state law
resulted in a new assessment, the Texas Assessment of Academic Skills (TAAS), which was first
administered in fall, 1990. The TAAS was a criterion-referenced test designed to measure whether
students had met the content standards covered in
the statewide curriculum, known as the Texas Essential Knowledge and Skills (TEKS), in reading,
mathematics, and writing.
The TEKS, which became effective September 1998, consisted of two sets of subject areas:
“foundations” and “enrichment.” The “foundation” subject areas included English language
arts and reading, mathematics, science, and social
26 Accountability for Students with Disabilities Who Receive Special Education
studies. The “enrichment” subject areas consisted
of languages other than English, fine arts, health,
physical education, technology applications, and
career and technology education. All of the subjects
in the “foundation” curriculum are mandatory for
state graduation credits. Under the “enrichment”
curriculum, health, technology applications, and
physical education are required for state graduation credits and the remaining subjects are recommended. In the “foundation” curriculum, districts
were required to provide instruction in the essential
knowledge and skills of the appropriate grade levels,
whereas in the “enrichment” curriculum, districts
were expected to use essential knowledge and skills
as guidelines for instruction. The Texas Assessment
of Academic Skills (TAAS) was used to assess the
school districts and schools on the TEKS. Student
scores were reported on school report cards as the
percentage of students who “passed” the TAAS.
Before the 1996-97 school year, Texas statutes
permitted for exemption of students receiving special education from taking the Texas Assessment
of Academic Skills (TAAS). However, starting in
1996-97, students with disabilities who had been
exempt from the TAAS were required to take an
alternate assessment. Students were now assessed
at their appropriate instructional levels, as determined by their admission, review, and dismissal
(ARD) committees (similar to IEP teams in other
states), rather than at their assigned grade level.
The student’s ARD team then determined whether
a student would take one, more than one, or none
of the TAAS subject tests. This decision was to
be documented in the student’s IEP. The student’s
IEP was also supposed to document any accommodations and/or modifications that the student
would use on either the TAAS or the alternative
assessment.
In 1999 the Texas Legislature mandated that
the TAAS be replaced by a new assessment system
known as the Texas Assessment of Knowledge
and Skills (TAKS). The TAKS was administered
beginning in the 2002-03 school year. The TAKS
measures the statewide curriculum in reading at
Grades 3-9; in writing at Grades 4 and 7; in English
Language Arts at Grades 10 and 11; in mathematics at Grades 3-11; in science at Grades 5,10, and
11; and social studies at Grades 8, 10, and 11. The
Spanish TAKS is administered at Grades 3 through
6. The TAKS requires students to do more analysis
and use more higher-order thinking skills than had
been required on the TAAS.
There are three performance categories for students on the TAKS: “Commended Performance,”
which recognizes high level performance; “Met the
Standard,” which means the student passed the test;
and “Did Not Meet the Standard,” which means the
student failed the test. Satisfactory performance on
the TAKS at Grade 11 is a prerequisite to a high
school diploma.
Assessment Accommodations
Testing accommodations for students with disabilities were based on the accommodations that
the student routinely received in the classroom,
the needs of the student, and the accommodations
allowed for the test. The only accommodations
that were not allowed on the TAAS were ones that
would invalidate the test results. Table 8 shows
the accommodations permitted and not permitted on the TAAS during the 2001-02 school year.
Districts were also allowed to request permission
from the Texas Education Agency to use other accommodations.
Specific accommodations must be documented
on the student’s IEP to in order to be used as an acThe Educational Policy Reform Research Institute 27
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Table 8. Texas: Permitted and Prohibited Accommodations, TAAS, 2001-02.
Permitted Accommodations
- Braille and large-print versions
- Magnifying glass, color transparency, or
place marker
- Variety of methods for responses:
* Handwriting
* Typewriting
* Computer keyboard entry
* Verbal responses
- Marking responses in the test booklet rather
than the
answer booklet
- Individual administration of the test
- Test administrator reading aloud the
mathematics, social studies, and science test
questions.
- Instructions before and after test may be
signed or translated into Native Language.
- Writing prompt may be signed to student
with hearing impairment
- On composition section, may dictate
composition or tape record essay or type
Prohibited Accommodations
- Reading assistance or writing and reading
tests
- Use of English-Languages or foreign
language reference materials.
- Translating during the test
- Test questions, answer choices, passages, and
writing prompts may not be rephrased or
clarified
- Use of calculator, slide ruler, or math chart
- Other accommodations that would make the
test invalid
commodation on the TAKS. If a student with a disability needs accommodations that are not allowed
on the TAKS, the student must take an alternative
assessment (e.g., the SDAA II). There are five accommodations not allowed on the TAKS:
•
Student may not receive reading assistance
(except on the Grade 3 mathematics test);
•
Student may not use foreign-language reference materials;
•
Student may not use a calculator on Grades
3-8 mathematics tests or the Grade 5 science
test;
•
Test items may not be translated; and
•
Test questions, answer choices, selections,
and writing prompts may not be rephrased
or clarified.
Table 9 indicates how Texas policies have
changed regarding selected accommodations since
2001. Many of the accommodations were the same
for all three years; however, there were some notable
changes during the years reviewed in this study. For
example, magnification equipment was not specifically listed as an accommodation in 2001 or 2003,
but it was included in the accommodations policy
for the 2004-05 school year. In 2001, students could
only write their responses in the test booklet if they
had a disabling condition that interfered with their
ability to record machine-scorable responses—but
that stipulation has been removed in more recent
years. The read aloud accommodation was not permitted on the reading and writing tests during any
28 Accountability for Students with Disabilities Who Receive Special Education
Table
2001,
2003,
and
2005.
Table9.9.Texas:
Texas:Selected
SelectedAccommodations,
Accommodations,
2001,
2003,
and
2005
Accommodation
Large Print
Braille
Read Aloud Questions
Magnification Equipment
Amplification Equipment
Spell Checker
Calculator
Scribe
Write in Test Booklets
Extended Time
With Breaks
Individual Administration
Administration in Student’s Home
2001
A
AC
AC
2003
A
A
AC
AC
P
AC
AC
P
P
A
A
A
A
A
A
2005
A
A
AC
A
AC
A
A
Note: A = Allowed; AI = Allowed with implications for scoring and/or aggregation;
AC = Allowed in certain circumstances; P = prohibited
of the years reviewed in this study, but was allowed
on mathematics, social studies, and science tests if
the student was identified as having dyslexia or a
related disorder.
Alternate Assessment
Special education students in Grades 3-8 who are
receiving instruction in the Texas Essential Knowledge and Skills (TEKS) but for whom TAKS is an
inappropriate measure of their academic progress,
participate in the State-Developed Alternative Assessment (SDAA II). In 2005, the SDAA for grade
9 and 10 will be available. The SDAA II assesses
the areas of reading, writing, and mathematics. It
is administered on the same schedule as TAKS and
is designed to measure annual growth based on appropriate expectations for each student as decided
by the student’s ARD committee. Students who
participated in the SDAA II in 2003 were included
as non-participants for calculating the AYP assessment measures. A proposal to evaluate the SDAA
II performance results for AYP was developed for
the 2004 school year.
A small number of students with disabilities,
usually those with the most severe cognitive disabilities, may be exempt from both the TAKS and
the SDAA II if the ARD committee determines that
neither are appropriate methods of assessing the
student’s progress. These students participate in a
Locally Designed Alternate Assessment (LDAA).
The ARD committee determines the areas in which
a student is not exempt from state testing and if the
student meets the performance criteria established
in the IEP. Beginning with the 2000-2001 school
year, the local school district must report the results
of students grade 3 through 8 assessed on an LDAA
to the Texas Education Agency. Students tested on
an LDAA in 2003 were not included in the AYP
calculations but the state began to collect and evaluate the LDAA performance results for AYP for the
2004 school year.
Accountability
Texas has had an accountability system in place
for more years than most other states. State statutes
in place during the 1990s required annual district
The Educational Policy Reform Research Institute 29
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and campus (e.g., school-level) performance ratings of “Exemplary,” “Recognized,” “Academically
Acceptable,” and “Academically Unacceptable.”
Ratings were based on TAAS scores of disaggregated subgroups (e.g., African American, Hispanic,
White, and economically disadvantaged) and drop
out rates. Over the period of time that TAAS was
used, a number of changes were made to the rating
criteria. For example, in 1999 a rating of “Academically Acceptable” meant that at least 45% of “all
students” and each student subgroup must have
passed each section of the TAAS. In 2000 the
“Academically Acceptable” rating was increased
to require that 50% or more students passed the
TAAS. In 2000, for the first time, TAAS results in
reading, mathematics, and writing for special edu-
cation students in grades 3-8 and 10 were included
in the calculations of the campus ratings. Additional
acknowledgement indicators, such as attendance
rate, campus comparable improvement in reading
and/or math, college admissions test results, or
recommended high school participation rate, were
used to give supplementary recognition to districts
and campuses. Table 10 shows the standards that
districts and campuses were expected to reach in
2002.
Prior to NCLBA, if a school district or campus
received the lowest accountability rating, an “Academically Acceptable” peer review team was sent to
visit the site(s) to determine any deficiencies. A preliminary report of the peer review team’s findings
Table 10. Accountability Rating Standards for 2002 (Base Indicator Standards).
Exemplary
Recognized
Academically
Acceptable/
Acceptable
At least 80%
passing each
subject area
At least 55%
passing each
subject area
Academically
Unacceptable/
LowPerforming
Below 55%
passing each
subject area
(“all students”
and each
student group)
At least 80%
passing each
subject area
(“all students”
and each
student group)
At least 50%
passing each
subject area
(“all students”
and each
student group)
Below 50%
passing each
subject area
(“all students” (“all students”
only)
only)
(“all students”
only)
(“all students”
only)
1% or less
5% or less
Above 5%
Spring 2002 TAAS At least 90%
o Reading
passing each
o Writing
subject area
o Mathematics
(“all students”
and each
student group)
o Social
At least 90%
Studies
passing each
subject area
2000-01 Dropout
Rate
2.5% or less
(“all students” (“all students” (“all students”
and each
and each
and each
student group) student group) student group)
30 Accountability for Students with Disabilities Who Receive Special Education
(“all students”
and each
student group)
was written and sent to the district from the Texas
Education Agency (TEA). The district and campus
would develop and implement an improvement plan
to address the area(s) of poor performance. The
district and/or campus were required to provide
written evidence of the improvements made in the
areas of deficiencies to the TEA. The TEA would
then determine if more corrective measures needed
to be conducted or if the file should be closed. If
a school district or campus received the lowest accountability ratings for two or more consecutive
years, the level of state intervention would increase.
In 1995, the Public Education Grant (PEG) was
created to allow parents with students attending
poor performing schools to transfer their students
to schools in other school districts that had higher
performance results.
In response to the NCLBA requirements, Texas
created an Adequate Yearly Progress (AYP) Plan
that would annually evaluate all public school
districts, campuses, and the state as a whole. The
Texas Adequate Yearly Progress Plan was approved
by the United States Department of Education
(USDE) in June 2003 as meeting the NCLBA requirements. The 2003 AYP status of Texas and its
specific school districts and campuses were based
on the results of Texas Assessments Knowledge
and Skills (TAKS).
Each public school district, campus, and the
state as a whole are given an AYP Status Label.
These AYP Status Labels are based on the districts,
campuses, and state meeting criteria on three measures. NCBLA requires states to include at least
three measurements in their accountability system:
Reading/Language Arts, Mathematics, and one
other measure (graduation rate for schools and
districts offering grade 12 or attendance rate for
schools and districts that do not have grade 12).
NCLBA requires that the performance standard of
“meet AYP” needs to be met for: the “all student”
group as well as each “student subgroup” (i.e.,
African Americans, Hispanic, White, economically
disadvantaged, special education and limited English proficiency students) which meets minimum
size criteria. In Texas, if a “student group” within
districts and campuses consists of 50 or more students (summed across grades 3-8 and 10) and make
up at least 10% of all test takers in the subject or
consists of 200 or more students, even if it does
not make up 10% of test takers in the subject, the
“student group” meets minimum size criteria and
is evaluated against performance standards. If the
performance standard is not met by the “all student”
group or a separate “student subgroup,” it must be
shown that there was a 10% decrease in the percent
of students not passing the “Met Standard” performance standards on TAKS and any improvement
on the other measure.
AYP standards were set to increase every year
to reach 100% proficiency by 2014. The 2003-04
AYP criteria that each school district, campus, and
the state needs to meet is displayed in the Table 11.
In addition, if school districts, campuses, or the state
does not meet the Standards for Reading/Language
Arts and Mathematics assessments presented in
Table 14, they may prove to meet the performance
gains criteria that are displayed below as well.
If a school district or campus does not meet
its AYP standards for Reading/ Language Arts,
Mathematics, and one of the other measures, the
state will impose sanctions on the school district or
campus. If the school district or campus receives
funding under Title 1, Part A and fails to make
the AYP standards for two consecutive years, the
The Educational Policy Reform Research Institute 31
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Table 11. Texas AYP Criteria and Standards.
Reading/Language Arts
2003-04 tests (TAKS, SDAA,
LDAA, and RPTE in Grades 38 & 10)
All students and each student
group that meets minimum size
requirements:
African American
Hispanic
Economically Disadvantaged
Special Education
Limited English Proficient
Mathematics
2003-04 tests (TAKS, SDAA,
and LDAA in Grades 3-8 & 10)
All students and each student
group that meets minimum size
requirements (see above)
Other Measures**
All students
Graduation Rate
Class of 2003
Attendance Rate
2002-2003
Performance Standard: 47%
% counted as proficient on test*
for students enrolled the full
academic year subject to the
Federal 1% cap
Participation Standard: 95%
Participation in the assessment
program for students enrolled on
the date of testing (no more than
5% of students absent)
Performance Standard: 33%
% counted as proficient on test*
for students enrolled the full
academic year subject to the
Federal 1% cap
Participation Standard: 95%
Participation in the assessment
program for students enrolled on
the date of testing (no more than
5% of students absent)
Graduation Rate Standard
70.0% or any improvement
Graduation Rate for high
schools, combined
elementary/secondary schools
offering Grade 12, & districts
offering Grade 12
OR
Performance Improvement:
10% decrease in percent not proficient on test*
and any improvement on the other measure
(Graduation Rate or Attendance Rate)
OR
OR
Average Participation Rate:
95% participation based on combined 2002-03
and 2003-04 assessment data
Performance Improvement:
10% decrease in percent not proficient on test*
and any improvement on the other measure
(Graduation Rate or Attendance Rate)
OR
Average Participation Rate:
95% participation based on combined 2002-03
and 2003-04 assessment data
Attendance Rate Standard 90.0% or any
improvement
Attendance Rate for elementary schools,
middle/junior high schools, combined
elementary/secondary schools not offering Grade
12, & districts not offering Grade 12
Key: TAKS = Texas Assessment Knowledge and Skills
SDAA = State-Developed Alternative Assessment
LDAA = Locally-Determined Alternate Assessment
RPTE = Reading Proficiency Tests in English
school district or campus is identified for School
Improvement as required in Section 1116 of the
NCLBA. The parent(s)/guardian(s) of a student in
a Title 1, Part A school that is identified as “Year
1 of School Improvement” will have the option of
transferring the student to another school in the
district not in school improvement status. Students
in Title 1, Part A schools identified as “Year 2 of
School Improvement” are eligible for supplementary services, such as tutoring, remediation, and/or
academic intervention outside of the regular school
day. If a school district or campus does not meet
the AYP standards for Reading/Language Arts,
Mathematics, and one of the other measures for 2
consecutive years and is not receiving funds under
Title 1, the school district or campus will be required
to amend their school improvement plan to address
the deficit areas. These sanctions will be periodically reevaluated as decisions are made related to
the state accountability system.
Summary
Evident from the changes that have occurred
in EPRRI’s four study states is how difficult it is to
32 Accountability for Students with Disabilities Who Receive Special Education
establish a performance profile in a state. Nonetheless, we attempted to document, both quantitatively
and qualitatively, aspects of state and district performance trends for students with disabilities. We
have also attempted to better understand factors
that may influence those trends as well as identify
schools that are getting better results for students
with disabilities. Following is a compilation of our
quantitative investigation. Separate EPRRI reports
document qualitative findings.
The Educational Policy Reform Research Institute 33
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3 Accountability for Students with Disabilities Who Receive Special Education
State and District Data Sources and Findings
As noted, we conducted our research in the following states: California, Maryland, New York, and
Texas and in two local school districts from each of
these states: Long Beach Unified (CA), New Haven
Unified (CA), Montgomery County Public Schools
(MD), Carroll County Public Schools (MD), Cypress Fairbanks Independent School District (TX),
Garland Independent School District (TX), Rochester City Schools (NY), and North Colonie Central
School District (NY).
To select the districts, EPRRI staff and state
representatives identified important accountability
features across which the school districts were
selected to vary. These key accountability features
included high stakes versus low stakes accountability consequences, recentness of reforms, stability
versus instability of reform efforts, participation
of students with disabilities in all accountability
reports, the use of alternate assessments, and the
availability of school and district-level data on the
performance of students with disabilities. Representatives from each state assisted in securing the
participation of the districts. However, during the
course of the study and as a result of the passage
of NCLBA, all of the districts moved into highstakes accountability and the availability of publicly
reported data increased. Further, as noted earlier
in this report, each state initiated major changes
in its state assessment in order to comply with the
NCLBA requirements.
dents receiving special education services, percent
of students identified as English Language Learners
(ELL), race and ethnicity, assessment participation
rates for students with disabilities, performance of
students receiving special education services, and
performance of students not receiving special education services. Performance data were retrieved
for elementary and middle school levels in the core
subject areas of reading/ELA and mathematics.
We did not include high school data because it was
inconsistently reported among the four states. The
data regarding assessment participation rates and
the performance of students were those available for
each tested grade in a state. For example, the New
York assessments were administered at the 4th and
8th grades whereas California assessed students at all
grade levels between 2nd and 8th. Students with disabilities attending special schools, centers, or nonpublic settings were not included in these analyses
unless the student’s participation and performance
were reported at the home school and were included
in that school’s accountability.
The data were collected primarily through Web
site searches, school and district report cards, policy
documents, technical reports, and memoranda on
state, district, and school Web sites. Table 12 provides the primary Web sites for the performance
and demographic data.
Data Sources
We examined various reported data obtained
from the Web sites of each core state and district
for the school years 1999-00, 2000-01, and 200102. Data included: general education and special
education enrollment figures, percent of students
receiving free and reduced lunch, percent of stuThe Educational Policy Reform Research Institute 35
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Table 12. State Assessments, Data Sources and Web Sites.
State
California
Maryland
New York
Texas
State Assessment
Standardized Testing and
Reporting Program
(STAR)
Maryland School
Performance Assessment
Program (MSPAP)
Accountability for
Student Success
(SASS)/New York State
Assessment Program
(NYSAP)
Texas Assessment of
Academic Skills (TAAS)
Source for Data
Used in Report
Star Reports
Dataquest
Maryland School
Performance Report
School District
Report Cards
"655 Report"
AEIS Reports
District Snapshot
Report
To verify the data collected, we contacted relevant special education state and district personnel
and district assessment and accountability personnel
by phone and/or e-mail. These persons provided
valuable additional information, assisted in interpretation of the statistics, and helped to resolve inconsistencies in the data. Additionally, during on-site
interviews, data were reviewed by key personnel to
check for accuracy; they answered additional questions about the variables and interpretations of the
data. Tables 13 and 14 present the state and district
key demographics. The following section presents
key findings related to assessment participation and
performance for the 2000-01 school year. We opted
to present only the last year of data after analyses
revealed little change occurred in the demographics
of the four states and eight districts. On average,
general education and special education student
enrollment remained relatively stable over the 3
school years.
Web Site
http://star.cde.ca.gov/star200
1/default.htm
http://www.cde.ca.gov/demo
graphics/
http://msp.msde.state.md.us/i
ntroduction/index.asp
http://www.emsc.nysed.gov/
http://www.emsc.nysed.gov/i
rts/ch655_2002/home.html
http://www.tea.state.tx.us/per
freport/aeis/index.html
http://www.tea.state.tx.us/per
freport/snapshot/index.html
Findings
The percentages of students with disabilities
reported as participating in the state large-scale
assessments in each state and district are in Tables
15 through 25. As previously indicated in the Data
Sources Section, only elementary and middle school
level grade data were collected.
We present performance as the percent of students who scored at or above the state-defined acceptable achievement standard. We refer to this as
“proficient” although all states did not use this term
during the years that we collected data. Percentages
were calculated using the total number of students
within a group who took the assessment as the denominator. The final column of each table shows the
difference between the percent of general education
students who met proficiency and the percent of
students with disabilities who met the proficiency
standard. Further, we report data only for 2 years of
our data collection. Assessment participation rates
and performance trends are presented by state.
36 Accountability for Students with Disabilities Who Receive Special Education
Table 13. Selected State and School District Demographic Data: 2000-2001 School Year.
State/School District
Enrollment
California
Long Beach Unified
New Haven Unified
Maryland
Carroll Co.
Montgomery Co.
New York
North Colonie Central
Rochester City
Texas
Cypress-Fairbanks
Garland
6,050,895
93,694
13,775
852,929
27,528
134,180
2,823,602
5,500
37,885
4,021,641
63,497
50,312
% Economically
Disadvantaged
% Students
Receiving Special
Education Services
(k-12)
46.8
68.3
26.7
30.0
8.0
22.7
51.0
6.3
67.2
49.3
20.0
33.0
10.4
7.4
8.9
13.1
12.2
14.0
11.8
9.1
15.1
12.0
11.0
13.0
Ethnic Group
% Students
Receiving
Bilingual/ESOL
Services
25.0
33.8
25.0
2.8
0.3
7.6
8.4
2.5
6.5
13.0
10.0
13.0
%
African
American
%
Hispanic
%
White
%
Other
8.4
19.7
9.8
37.1
2.3
21.2
20.1
3.2
62.8
14.0
10.0
17.0
43.2
45.4
29.8
4.8
0.8
16.2
18.4
1.4
18.9
41.0
23.0
29.0
35.9
17.8
19.8
53.4
95.6
49.0
55.1
88.5
16.1
42.0
59.0
47.0
12.5
17.1
40.6
4.7
1.2
13.6
6.4
6.9
2.2
3.0
8.0
7.0
2000-2001 Public School Enrollment
*(The percentage of students receiving special education services for all states and districts was calculated by dividing the total number of students in
the given state or district by the total number of students receiving special education services in grades kindergarten through 12 and multiplying by
100).
Table 14. Selected State and School District Staff and Financial Statistics, 2000-2001 School Year.
State/School District
California
Long Beach Unified
New Haven Unified
Maryland
Carroll Co.
Montgomery Co.
New York
North Colonie Central
Rochester City
Texas
Cypress-Fairbanks
Garland
Average Number of
Students/Teacher
20.7
21.0
20.0
15.3
17.5
15.7
12.9
14.3
11.7
14.7
15.5
16.3
Total Expenditure per Pupil
for General Education
$6,360
6,516
6,583
7,622
6,582
10,200
6,150
5,425
5,547
5,923
5,674
5,006
1
2002 data. Note: California defines the total expenditure per pupil as the "current expense of
education per unit of average daily attendance"; Maryland defines total expenditure per pupil as
the "local operating budget from federal, state, and local sources."
The Educational Policy Reform Research Institute 37
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California
California has the largest enrollment of the
four study states, with over six million students.
Nearly half (46.8%) of the students in the state
are economically disadvantaged. About 10% of
California’s students receive special education services and 25% of the students receive services for
English for speakers of other languages [ESOL].
The largest ethnic group represented by California
students is Hispanic (43.2%) and the smallest is
African American (8.5%). On average, class size in
California is about 20 students per teacher, which
is the largest class size of the four study states. In
terms of average per pupil expenditures for the
2000-01-2001-02 school year, California ranked
second behind the state of Maryland.
Beginning with the 2000-01 school year it was
possible to calculate a proxy for assessment participation in California by dividing the number of
students reported as receiving any special education
service (taken from STAR performance http://star.
cde.ca.gov/ ) by the number of special education
students enrolled in December (taken from http://
data1.cde.ca.gov/dataquest). Caution must be taken
when interpreting these participation rates due to
student mobility from December to the time that
state assessments are administered in the spring.
Tables 15 to 17 present the California participation data. The participation rate for students with
disabilities taking the SAT 9 Reading increased
slightly in grades 3 and 8 between the years 2000
and 2002. Similarly, New Haven Unified School
District showed a dramatic increase in participation
at all grade levels assessed. However, data for Long
Beach Unified revealed an increase in participation
only at grade 3.
State average participation of students with
disabilities in the SAT 9 Mathematics increased at
all grades except grade 4 where a 0.2% decrease
occurred. The assessment participation rate for students with disabilities in Long Beach Unified was
below the state average and decreased at grades 4,
5, and 8. The New Haven Unified School District
reported increased participation rates at all grade
levels from 2000-2002.
Based on the California performance data
(Table 18) there was an increase in performance of
students with disabilities on the 3rd and 8th grade
CST Reading assessment. However, in grades 4
and 5, participation levels decreased and the performance levels increased. Long Beach’s participation
rates decreased in grades 3, 5, and 8, and increased
2% at grade 4 between 2000-01 and 2001-02 school
years. Grades 3 and 5 performance levels increased
for students with disabilities. The New Haven
Unified School district showed a 20% increase in
participation at grade 3 with only a slight increase
at grades 4 and 5. The performance of students with
disabilities declined at grades 3 and 4. In grade 5,
both performance and participation increased and
both decreased at grade 8.
The participation rate of students with disabilities on the CST Mathematics was only available at
grades 3, 4, and 5. The state indicated there was
only a slight increase in participation in 3rd grade,
and a decrease of participation in grades 4 and 5
between the two years. While student performance
increased at each of these grades, the Long Beach
Unified School District data document a decrease
in participation at grades 3 (-2.7%) and 5 (-1.8%),
and an increase at grade 4 (3.2%). Conversely,
performance levels increased at grades 3 and 5. In
New Haven Unified School District the participa-
38 Accountability for Students with Disabilities Who Receive Special Education
Table 15. California State and District-Level Participation Rates for Students with Disabilities on SAT 9 Reading
Assessment: 2000-2002.
State/School District
California
Long Beach Unified
New Haven Unified
3rd Grade %
2000-01
2001-02
55.0
56.8
58.5
60.8
67.1
84.8
4th Grade %
2000-01
2001-02
50.9
50.8
52.6
51.8
63.4
69.4
5th Grade %
2000-01
2001-02
50.1
49.4
46.5
45.6
68.3
71.8
8th Grade %
2000-01
2001-02
50.9
51.3
52.0
51.8
60.6
67.7
(The percentages were calculated by dividing the total number of students in each grade who receive special education services by the number of
students who participated, in the SAT9, regardless of accommodations, and multiplying by 100).
Table 16: Numbers and Percentage Change of Special Education Students Enrolled in December and Tested on SAT 9
2000-01 and 2001-02 School Years.
Grade
Level
Tested
3
4
5
8
% Change
Long Beach USD
Enrolled
Tested
00-01
605
484
546
600
01-02
640
597
509
570
3.6
00-01
354
255
254
312
01-02
389
309
232
295
4.3
New Haven USD
Enrolled
Tested
00-01
82
93
102
96
01-02
79
111
85
102
1.1
00-01
55
59
70
58
California
Enrolled
01-02
67
77
61
69
13
00 - 01
50,172
55,698
57,724
50,342
01-02
50,342
54,238
56,761
52,286
-.1
Tested
00-01
27,597
28,354
28,907
25,620
01-02
28,906
27,840
28,282
26,975
1.3
Table 17. California State and District-Level Participation Rates for Students with Disabilities on ELA California
Standards Tests: 2000-01 and 2001-02.
State/School District
California
Long Beach Unified
New Haven Unified
3rd Grade ELA
00-01
01-02
64.8
66.6
77
76.7
58.5
78.5
4th Grade ELA
00-01
01-02
64.3
58.6
72.3
74.4
64.5
63.1
5th Grade ELA
00-01
01-02
65.4
63.2
78
75.6
70.6
69.4
8th Grade ELA
00-01
01-02
67.3
68.5
82.8
75
72.9
72.5
(The percentages were calculated in the same manner as those previously mentioned).
tion rate for students with special needs increased
dramatically at grade 3 (17.6%) and showed a slight
increase for grade 4 as well. Grade 5 participation
decreased by 2.2%.
The fluctuations in the relationships of performance and participation across years and grade
levels make it difficult to determine if the achievement gap between students with disabilities and
their general education peers has begun to close in
reading or mathematics. However, the state-level
performance for students with disabilities increased
at all grades while assessment participation rates
varied.
The achievement gap between general education students and students with disabilities in
California decreased over the 1998-99 school year
to 2000-01 school years. For grades 3 and 5, the
difference between general education students and
special education students who reached proficiency
on the CST Reading decreased by 2.0% and in grade
4 the gap closed by 1.0%. However, the two school
districts varied. The gap in Long Beach widened
The Educational Policy Reform Research Institute 39
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Table 18. California Reading and Mathematics: Percent of State Assessment Participants Meeting or Exceeding
Proficiency Standards on the SAT9.
Reading
Grade
Level
Grade 3
Grade 4
Grade 5
Grade 8
State/School District
(A)
California
Long Beach Unified
New Haven Unified
California
Long Beach Unified
New Haven Unified
California
Long Beach Unified
New Haven Unified
California
Long Beach Unified
New Haven Unified
Mathematics
Grade Level
State/School District
(A)
Grade 3
California
Long Beach Unified
New Haven Unified
California
Long Beach Unified
New Haven Unified
California
Long Beach Unified
New Haven Unified
California
Long Beach Unified
New Haven Unified
Grade 4
Grade 5
Grade 8
General Education
(B)
98-99
99-00
00-01
42.0
45.0
47.0
32.0
37.0
39.0
49.0
52.0
51.0
43.0
46.0
48.0
33.0
32.0
41.0
46.0
55.0
54.0
44.0
45.0
47.0
33.0
33.0
36.0
44.0
47.0
49.0
50.0
51.0
52.0
39.0
39.0
42.0
51.0
56.0
53.0
General Education
(B)
98-99
99-00
00-01
49.0
57.0
61.0
46.0
56.0
59.0
59.0
69.0
68.0
45.0
52.0
56.0
39.0
45.0
52.0
50.0
64.0
66.0
47.0
52.0
56.0
39.0
42.0
47.0
50.0
60.0
64.0
47.0
50.0
51.0
37.0
40.0
45.0
50.0
52.0
55.0
Students with Disabilities
(C)
98-99
99-00
00-01
23.0
28.0
30.0
26.0
29.0
27.0
31.0
12.0
24.0
21.0
25.0
27.0
25.0
24.0
29.0
14.0
24.0
10.0
17.0
21.0
22.0
18.0
19.0
25.0
17.0
9.0
20.0
13.0
15.0
15.0
11.0
14.0
9.0
18.0
17.0
7.0
Students with Disabilities
(C)
98-99
99-00
00-01
29.0
38.0
41.0
36.0
41.0
43.0
45.0
43.0
41.0
22.0
29.0
32.0
31.0
29.0
36.0
17.0
30.0
27.0
19.0
24.0
28.0
23.0
26.0
31.0
22.0
14.0
16.0
13.0
15.0
15.0
8.0
15.0
8.0
18.0
11.0
4.0
0 Accountability for Students with Disabilities Who Receive Special Education
% Difference Between
General Education
Participants and Those
with Disabilities (B - C)
98-99
99-00
00-01
19.0
17.0
17.0
6.0
8.0
12.0
18.0
40.0
27.0
22.0
21.0
21.0
8.0
8.0
12.0
32.0
31.0
44.0
27.0
24.0
25.0
15.0
14.0
11.0
27.0
38.0
29.0
37.0
36.0
37.0
28.0
27.0
33.0
33.0
39.0
46.0
% Difference Between
General Education
Participants and Those with
Disabilities (B - C)
98-99
99-00
00-01
20.0
19.0
20.0
10.0
15.0
16.0
14.0
26.0
27.0
32.0
23.0
24.0
8.0
16.0
16.0
24.0
34.0
39.0
28.0
28.0
28.0
16.0
16.0
16.0
28.0
46.0
48.0
34.0
35.0
36.0
29.0
25.0
37.0
32.0
41.0
51.0
by 6% for students in grade 3; 4% for students in
grade 4; and 5% for students in grade 8. Grade 5
was the only grade to decrease the difference between students in general education and students
with disabilities who reached proficiency over
the course of the three years. New Haven Unified
School District’s achievement gap between general
education students and special education students
increased from a low of 2% in grade 5, to as high as
13% in grade 8. This finding may have resulted from
increased participation of students with disabilities
in the CST Reading in this school district.
Data retrieved for the 1998-99 through 200001 school years on the CST Mathematics show an
upward trend at all grade levels assessed for both
the general education students and the students
with disabilities. Similarly, Long Beach and New
Haven reported increased general education student
performance at all grade levels.
Thus, the achievement gap between general
education students and students with disabilities on
the CST Mathematics was not reduced over the 3
school years. In grades 3 and 5, there is no change
in the gap, while at grade 8 the gap increased by
2%. At grade 4 there was an 8% decrease. Data from
Long Beach show the achievement gap increasing
at grades 3, 4, and 8 and stable at 16% at grade 5.
In New Haven, the gap increased by 13% to 20%
across the grade levels.
Maryland
Maryland is the smallest of the four study states,
with 852,929 students. Maryland reported the
lowest percentage of economically disadvantaged
students (30%). Approximately 13% of Maryland’s
students received special education services and just
under 3% of the students in the state participated in
ESOL programs and services. More than one third
of the students were African American (37.1%),
just over half of the total student population was
White (53.4%), and Hispanic students represented
under 5% of the total student population. On average, Maryland’s class size was about 15 students
per teacher and reported total expenditure per pupil
of about $7,600.
During the data collection period, Maryland
assessed students in five content areas at grades
3, 5, and 8 using the MSPAP. However, we report
assessment results only for reading and mathematics. Maryland reported participation and exemption
rates for students with disabilities on the state assessments at the state, district, and school level by
content area and by grade level. However, the state
reported participation as the number of students
with disabilities out of the total number of students
enrolled rather than the total number of students
with disabilities enrolled. We chose to report the
participation rates presented in Tables 19 and 20
as the percentages of students with disabilities who
participated in state assessments out of the total
number of students in special education per grade.
We did this calculation in an attempt to provide
comparable data across the four states.
Table 21 and Figure 1 present the percent of
students with disabilities who met the state standard of “proficient” on the state MSPAP Reading
and Mathematics tests over the three school years.
The data on the MSPAP Reading show an inverse
relationship between the participation rate and the
proficiency levels of students with disabilities. For
example, between 1998-2001 the percentage of
students with disabilities in grade 3 who reached
proficiency decreased by 3.8%, while the number of
students who took the MSPAP increased by 2.4%.
These trends were mirrored in the two school disThe Educational Policy Reform Research Institute 41
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Table 19: Maryland State and District-Level Participation Rates for Students with Disabilities: MSPAP Reading:
1998-99, 1999-00, and 2000-01.
3rd Grade
State/School
District
Maryland
Carroll
County
Montgomery
County
5th Grade
8th Grade
98-99
52.5
99-00
55.8
00-01
54.9
98-99
52.7
99-00
54.6
00-01
52.3
98-99
70.9
99-00
72.9
00-01
70.5
49.5
55.7
60.5
52.5
65.8
55.3
78.2
88.1
89.1
48.9
60.0
53.6
53.5
59.7
54.4
71.1
72.1
68.3
Table 20: Maryland State and District-Level Participation Rates for Students with Disabilities: MSPAP Mathematics
1998-99, 1999-00, and 2000-01.
3rd Grade
State/School
District
Maryland
Carroll
County
Montgomery
County
5th Grade
8th Grade
98-99
78.3
99-00
79.9
00-01
95.8
98-99
96.5
99-00
96.5
00-01
96.2
98-99
95.2
99-00
94.7
00-01
95.3
95.0
92.0
96.6
94.6
97.1
96.3
93.1
94.6
96.7
62.5
76.9
96.3
98.1
97.3
97.1
95.7
94.7
95.1
tricts. For example in Carroll County, 11% more of
the special education population took the MSPAP
in grade 3, but there was a 3.6% decrease in the
number of those students who met the proficiency
standards. Likewise, in Montgomery County, the
participation of students with disabilities increased
in grades 3 and 5, but the level of proficiency in
these grades decreased; students with disabilities in
grade 8 showed a decrease in the participation level
over the 3 years, while the percentage of students
meeting proficiency increased.
For general education students, state-level
performance on the MSPAP Reading increased at
grades 5 and 8, but decreased at third grade. Both
Carroll County and Montgomery County showed
a decline in the performance of general education
students at those same grade levels.
The performance gap between general education students and those with disabilities fluctuated
over the three years at the state-level. In grades 3
and 5, the gap decreased between the years 1998-99
to 1999-00, but then increased the following year.
2 Accountability for Students with Disabilities Who Receive Special Education
Table 21. Maryland Reading and Mathematics: Percent of State Assessment Participants Meeting or Exceeding
Proficiency.
Reading
Grade Level
State/School
District
(A)
General Education
(B)
98-99
41.2
49.4
48.9
41.4
54.2
50.0
25.3
33.2
34.2
Grade 3
Maryland
Carroll Co.
Montgomery Co.
Grade 5
Maryland
Carroll Co.
Montgomery Co.
Grade 8
Maryland
Carroll Co.
Montgomery Co.
Mathematics
State/School
Grade Level
District
(A)
Grade 3
Grade 5
Grade 8
99-00
39.2
46.3
44.2
44.6
52.4
52.3
26.8
29.6
35.6
00-01
36.5
39.6
37.6
44.6
48.0
49.4
26.6
29.7
33.4
General Education
(B)
Maryland
Carroll Co.
Montgomery Co.
Maryland
Carroll Co.
Montgomery Co.
Maryland
Carroll Co.
Montgomery Co.
98-99
38.9
47.6
52.1
46.2
56.9
61.2
49.0
68.8
66.1
99-00
40.1
48.0
49.2
46.7
55.5
60.4
50.4
68.0
66.0
00-01
37.8
43.6
43.4
42.6
47.6
52.2
47.0
61.5
63.0
Students with Disabilities
(C)
98-99
29.4
32.7
42.1
24.3
33.6
35.1
5.3
8.1
9.3
99-00
29.7
30.9
30.7
27.8
35.0
33.8
6.5
7.4
12.7
00-01
25.6
29.1
21.7
25.4
21.8
26.9
7.2
6.8
11.0
Students with Disabilities
(C)
98-99
31.9
41.2
50.8
27.0
33.9
44.3
18.4
31.8
32.2
99-00
33.2
42.6
37.6
27.6
31.1
40.1
19.8
27.9
32.3
00-01
26.2
29.5
21.7
20.7
21.6
22.5
16.0
24.1
24.8
Difference Between General
Education Participants and
Those with Disabilities
(B - C)
98-99
99-00
00-01
11.8
9.5
10.9
16.7
15.4
10.5
6.8
13.5
15.9
17.1
16.8
19.2
20.6
17.4
26.2
14.9
18.5
22.5
20.0
20.3
19.4
25.1
22.2
22.9
24.9
22.9
22.4
Difference Between General
Education Participants and
Those with Disabilities
(B - C)
98-99
99-00
00-01
7.0
6.9
11.6
6.4
5.4
14.1
1.3
11.6
21.7
19.2
19.1
21.9
23.0
24.4
26.0
16.9
20.3
29.7
30.6
30.6
31.0
37.0
40.1
37.4
33.9
33.7
38.2
Percentage
Figure 1. Maryland 8th Grade Reading Test, Percentage of All Students and Percentage of Students Receiving Special
Education Services Who Met or Exceeded Standards on Statewide Tests, 1999-2001.
Maryland--Tot.
Pop.
Maryland--Sp. Ed.
40
35
30
25
20
15
10
5
0
1999
2000
Year
2001
Carroll County--Tot.
Pop.
Carroll County--Sp.
Ed.
Montgomery
County--Tot. Pop.
Montgomery
County--Sp. Ed.
The Educational Policy Reform Research Institute 43
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Notably, the participation rates of students with
disabilities increased in the 1999-00 school year,
the same year that the gap between the general
education students and students with disabilities
decreased. In Carroll County, the gap decreased at
grade 3. For example, in grade 3 the 1998-99 school
year the performance gap was 16.7%, in 1999-00
the difference between these groups decreased
to 15.4%, and in 2000-01 the difference between
general and special education groups decreased to
10.5%. At grade 8, the gap fluctuated but showed
an overall decrease between general education and
special education students. In Montgomery County,
there was an increasing performance gap at grades
3 and 5. However, at 8th grade the gap narrowed by
2.5% over the three years.
The statewide participation rate for students with
disabilities on the MSPAP Mathematics between the
school years of 1998-99 and 2000-01 steadily increased in 3rd grade while the percentage of students
with disabilities achieving proficiency decreased.
In contrast, the participation rate for students with
disabilities in grade 5 slightly declined by 0.3%.
In grade 8 the participation rate fluctuated. There
was an inverse relationship between the participation rate and the percent of 8th grade students with
disabilities reaching proficiency. The proficiency
percentages increased by 1.4% from 1998-99 to
1999-00 and decreased by 3.8% from 1999-00 to
2000-01. Within the districts, Carroll County also
exhibited an inverse relationship between the participation rates and the proportion of students with
disabilities who attained proficiency. For example,
in grade 8 there was a steady increase of 3.6% in
the participation rate for special education students,
but the percentage of students with disabilities
who reach the proficient level decreased by almost
8 points. In Montgomery County at grades 5 and
8, there was a decrease in the reported participation of students with disabilities and performance
levels of special education students also decreased.
At grade 3 the participation rates of students with
disabilities increased by 33.8% over the 3 years but
performance decreased by 29.1%.
Based on state-level data collected for the
MSPAP Mathematics, general education students’
performance fluctuated over the course of the 3
years. However, in 2000-01, the performance on
the MSPAP Mathematics was the lowest it had been
over the 3 years. There were similar trends across
the two districts. For example, Carroll County
evidenced a steady decline in grade 3 performance
by 0.4% from 1998-99 to 1999-00 and 4.4% from
1999-00 to 2000-01. In Montgomery County, grade
3 performance went from 52.1% to 49.2% to 43.4%
for general education students.
According to state-level findings, the achievement gap between general and special education
students who reached the proficient level on the
MSPAP Mathematics widened at all grade levels
assessed. For example, the state level gap at grade
3 increased by a total of 4.6%. Both individual
counties in the state reported increased achievement
gaps from 1998-99 to 2000-01. In grade 3 in Carroll
County, the gap widened by a total of 7.7% between
1998-99 to 2000-01 and, in Montgomery County,
the grade 3 gap widened by a total of 20.4%.
New York
New York’s public school enrollment (2,823,602)
was slightly more than half of the student enrollment in California. Similar to California and Texas,
about half of the students in New York were economically disadvantaged. About 8% of New York’s
students received English for Speakers of Other
Languages (ESOL) and the percent of students who
Accountability for Students with Disabilities Who Receive Special Education
received special education services for grades K-12
in New York was 11.9% which was approximately
2% above California (10.1%) and slightly less than
Maryland (12.5%) and Texas (12.0%). About half of
New York’s students were White; African American
and Hispanic students each represented about one
fifth of the state’s students. New York had the smallest average class size in each of the four study states
with approximately 13 students per teacher and the
highest per pupil expenditure ($11,040).
New York assessed all students statewide in
4 and 8th grades in English language arts and
mathematics. New York did not provide special
education participation data at the state level on its
Web site or in its Annual Report to the Governor
and the Legislature on the Educational Status of
the State’s Schools. This report, known as Chapter
655, required the Board of Regents and the State
Education Department to submit an annual report
to the Governor and the Legislature. Participation
data on students with disabilities was gathered from
the report entitled “Updated Special Education
Data” submitted to the Board of Regents on April
16, 2002.
th
We were able to gather 1999-2000 data from
the “Performance Report of Educational and Vocational Services and Results for Individuals with
Disabilities, 1999-00 – Volume 2.” To determine
participation we calculated the total number of special education students reported as “tested” in the
state to those identified as “exempt” and “absent”
in each school district. The total number tested
(aggregate of all public school districts) was then
divided by this aggregate denominator. The formula
is indicated below:
total # of students with disabilities tested
total # students with disabilities + students
“exempt/absent”
We compared the participation on the 8th grade
reading assessment using the report submitted to
the Board of Regents which stated that 81.9% of
the students with disabilities participated in the assessment whereas district-by-district calculations
yielded a 84.4% participation rate. Table 22 presents
the participation data that we calculated.
Assessment participation rates were generally
high, with a minimum of about 62%. However, participation on 4th and 8th grade reading assessments
decreased in North Colonie by 24.2% across the
three years. Rochester City also reported declines in
participation in 4th grade reading and mathematics.
State participation rates remained relatively stable
during this time.
Students with disabilities in New York consistently performed below general education students
(See Table 23 and Figure 2). At the state level, the
achievement gap in 2000-01 ranged from 29.6
percentage points in 8th grade mathematics to 37.1
percentage points in 8th grade reading. The 8th grade
achievement gap in North Colonie was higher than
the state’s gap, while Rochester City’s achievement
gap was smaller. The 4th grade achievement gap in
each district was smaller that the state’s achievement gap.
Over the three-year period, this achievement
gap widened in some areas and decreased in others.
The discrepancy between the percentage of students
with disabilities and general education students
scoring at or above proficient widened for 4th grade
reading at the state level, as well as in 4th reading
The Educational Policy Reform Research Institute 45
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Table 22. New York ELA and Mathematics: Percent of Students with Disabilities Participating in Assessments and
Change in Participation.
English
Language Arts
Assessment
Grade Level
Grade 4
Grade 8
Mathematics
Assessment
Grade Level
Grade 4
Grade 8
State/School District
New York
North Colonie
Rochester City
New York
North Colonie
Rochester City
% Participation
98 - 99
99 - 00
00 – 01
81.5
100.0
93.7
ND
91.9
78.9
88.3
93.3
88.3
84.4
83.0
72.2
84.0
75.8
80.4
80.6
62.2
67.5
State/School District
New York
North Colonie
Rochester City
New York
North Colonie
Rochester City
% Participation
98 - 99
89.9
82.8
96.1
84.7
100.0
73.3
99 - 00
89.3
96.6
95.5
85.0
81.5
79.2
00 – 01
86.3
92.3
81.7
81.9
100.0
65.9
and 8th grade mathematics in Rochester City. While
the gap decreased in all other areas, the degree of
improvement varied. At the state level, the decreases
were almost invisible. For example, the difference
in 4th grade mathematics was only 0.9 percentage
points, from 31% to 30.1%. This was also the case
for Rochester City, where there was a decrease from
25.9% to 23.2% in 8th grade reading. The North
Colonie Central School District demonstrated the
most dramatic decreases in the achievement gap.
For example, in mathematics, the gap narrowed
from 31.4 %to 10.4% in 4th grade, (a decrease of
23.7 percentage points), and 65.0% to 42.8% in 8th
grade, (a decrease of 22.2 percentage points).
proficient were 20 to 30 points higher than the
state in both subject areas, while Rochester City’s
proficiency percentages were 40 to 50 points lower.
Furthermore, both the state average and the Rochester City 8th graders had proficiency percentages
about 30 percentage points lower than their 4th
graders in math. These differences were less pronounced among students with disabilities, with the
greatest differences seen between 4th and 8th grade
in mathematics. In Rochester City, percentages of
both groups of students who scored proficient in 8th
grade mathematics were extremely low, ranging in
the three years from 11.5 to 13.8 for all students and
from 2.1 to 3.4 for students with disabilities.
In 1998-99 the proportion of 8th grade general
education students in North Colonie who scored
In North Colonie, there was a 24-point decrease
in 4 grade reading proficiency among special eduth
6 Accountability for Students with Disabilities Who Receive Special Education
Table 23. New York English Language Arts and Mathematics: Percent of State Assessment Participants Meeting or
Exceeding Proficiency.
Reading
Grade Level
State/School District
(A)
New York1,2
North Colonie Central1,2
Rochester City1,2
Grade 8
New York1,2
North Colonie Central1,2
Rochester City1,2
Mathematics
State/School District
Grade Level
(A)
Grade 4
Grade 4
Grade 8
New York1
North Colonie Central
Rochester City
New York1
North Colonie Central1
Rochester City1
General Education
Students
(B)
Students with
Disabilities
(C)
98-99 99-00 00-01
49.0
59.0
60.0
73.5
87.3
86.2
27.9
42.3
45.8
49.0
45.0
45.0
83.3
82.7
79.9
27.5
31.8 29.2
General Education
Students
(B)
98-99
99-00 00-01
19.1
25.6
25.6
27.3
42.9
64.0
7.5
12.9
21.1
9.3
8.4
7.9
23.5
20.0
25.0
1.6
2.2
6.0
Students with
Disabilities
(C)
98-99
67.0
88.3
44.0
38.0
82.6
11.5
98-99
36.0
54.2
21.0
7.8
17.6
3.1
99-00
65.0
91.5
42.0
41.0
79.3
13.8
00-01
69.0
89.6
51.2
39.0
82.1
12.1
99-00
35.0
57.1
17.7
9.7
25.0
2.1
00-01
38.9
79.2
28.6
9.4
39.3
3.4
Difference Between General
Education Students and
Those with Disabilities
(B - C)
98-99
99-00
00-01
29.9
33.4
34.4
46.2
44.4
22.2
20.4
29.4
24.7
39.7
36.6
37.1
59.8
62.7
54.9
25.9
29.6
23.2
Difference Between General
Education Students and
Those with Disabilities
(B - C)
98-99
99-00
00-01
31.0
30.0
30.1
34.1
34.4
10.4
23.0
24.3
22.6
30.2
31.3
29.6
65.0
54.3
42.8
8.4
11.7
8.7
1
In New York the test is called English Language Arts.
New York state-wide estimates computed from the "655 Report” and the "Achievement and Placement of Students with Disabilities"
news article released on April 23, 2002. The district figures are from the School District Report Cards.
2
Percentage
Figure 2. New York 8th Grade English Language Arts Test, Percentage of All Students and Percentage of Students
Receiving Special Education Services Who Met or Exceeded Standards on Statewide Tests, 1999-2001.
90
80
70
60
50
40
30
20
10
0
New York--Tot.
Pop.
New York--Sp. Ed.
1999
2000
2001
North Colonie--Tot.
Pop.
North Colonie--Sp.
Ed.
Rochester--Tot.
Pop.
Rochester--Sp. Ed.
Year
The Educational Policy Reform Research Institute 47
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cation students over the three years, from 46.2 to
22.2. However, there was a 36.7-percentage point
increase in proficiency for students with disabilities,
from 27.3 to 64.0. Similarly, there were 25-point
and 21.2 point increases in the percent scoring
proficient for 4th and 8th grade mathematics (respectively). In the case of 4th graders, this could partially
account for the 36.7 point increase in proficiency
percentages and corresponding 24 point decrease
in the achievement gap.
Texas
Texas enrolled 4,059,619 students in early
childhood through grade 12 and identified about
half as economically disadvantaged in the 200001 school year. The enrollment for Kindergarten
through grade 12 was 3,913,848. About 11.9% of
Texas’ students received special education services
and about 12.6% received ESOL services. About
40.6% of Texas’ students were Hispanic, 42% were
white, and the remaining 20% were Black, Asian,
and American Indian. The student to teacher ratio
was 14.8 and the expenditure per pupil was $6,638,
which was the second highest per pupil expenditure
of all four study states included in these analyses.
Every student enrolled in a Texas public school
in grades 3, 4, 5, 6, 7, 8, and 10 was given the
opportunity to participate in state assessments in
English Language Arts, mathematics, science and
social science. However, there are circumstances
under which some students were not tested, for
example students with disabilities could receive an
ARD (Admission, Review, and Dismissal) exemption for every test. An important difference between
Texas and the other three states is that students
served in special education in Texas could take the
SDAA (State-Developed Alternative Assessment)
in grades 3-8. This is an off-level assessment that
is designed for students with disabilities who were
receiving instruction in Texas state standards but
for whom the regular state assessment (TAAS)
was considered inappropriate by the students’ IEP
due to the student’s instructional team level. The
SDAA was administered at the same time as the
state TAAS and assess reading, writing, and mathematics. This test was designed to measure annual
growth and was administered for the first time in
2001. Participation rates for both assessments are
presented in Table 24.
Between the 1998-1999 and 2000-2001 school
years, there was a marked decrease in the achievement gap between all students and special education students on the TAAS. Table 25 and Figure 3
reveal that the percentages of both all test takers
and special education students meeting and exceeding proficiency on the TAAS were generally
high at both the state and district levels during
this time. In 2000-01, 90.2% of all fifth-grade test
takers and 81.1% of special education test takers
met or exceeded proficiency in reading. Likewise,
in the mathematics portion of the grade 5 TAAS,
94.6% of all test takers demonstrated proficiency,
while 87.4% of special education students did the
same. Our two study districts, Cypress-Fairbanks
and Garland, also had high proficiency rates. For
example, in 2000-01, 94.5% of all fifth graders in
Cypress-Fairbanks met or exceeded proficiency on
the TAAS reading, and 98.3 % did so in mathematics. Fifth grade special education test takers had
proficiency rates of 90.7% in reading and 97.7% in
mathematics. In Garland School District, the grade
5 2000-01 percentages were 94.6% for all students
and 87.3% for special education students in reading,
and 97.0% and 94.4% in math, respectively.
8 Accountability for Students with Disabilities Who Receive Special Education
Table 24. Participation Rates for Students with Disabilities in TAAS and SDAA.
State/ School Aggregate Participation Rates ELA and
Mathematics Assessments
District
Texas
Tested
SDAA Only
Not Tested
ARD Exempt3
Absent
Other
CypressTested
Fairbanks
SDAA Only
Not Tested
Ard Exempt
Absent
Other
Garland
Tested
SDAA Only
Not Tested
ARD Exempt
Absent
Other
State and local data from these years illustrates
a relatively small achievement gap between general
and special education students on the TAAS. For
example, at the state level in 2000-01, the difference
between general education participants and those
with disabilities was less than 10 percentage points
in grades 3, 4, and 5 in both reading and mathematics. The differences were greatest in grade 8, with
percentages of 14.6 in math and 15.7 in reading
proficiency. In the two study districts, the gap was
even smaller, with the difference in percent proficiency ranging between 0.6, in Cypress-Fairbanks
for grade 5 mathematics, to 10.7, in GSD for grade
8 reading.
The achievement gap between general education students and those receiving special education
1999-2000
2000-2001 2001-02
46.7
NA
53.3
50.5
.7
2.0
52.9
NA
47.1
45.5
.5
1.1
50.7
NA
49.3
46.6
.5
2.1
89.4
45.3
10.6
7.8
.9
1.8
88.5
35.8
11.5
9.8
9.6
1.2
92.9
45.8
7.1
5.7
.7
.6
89.4
48.5
10.6
8.1
1
1.4
88.4
38
11.6
9.5
1.4
.6
91.6
47.8
8.4
6.8
1
.5
consistently decreased in reading and mathematics
at all grades over the three years in both reading and
mathematics. At the state level, the achievement gap
decreased each year at all four grade levels for both
content areas. The same trend was observed for the
two districts, but with slightly more variance. For
example, Cypress-Fairbanks showed decreases each
year in grades 4 and 8 in reading, and grades 4, 5,
and 8 in mathematics. The differences for grade 3
reading proficiency percentages changed from 2.5
to 2.0 to 2.4 between 1998-99 and 2000-01. Similarly, the difference in grade 5 reading percentages
shifted from 6.3 to 5.6 to 5.9 during these years.
The achievement gaps in Garland decreased each
year in grades 3 and 5 in reading, and grades 5 and
8 in mathematics. In the grades 4 and 8 reading
The Educational Policy Reform Research Institute 49
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Table 25. Texas Reading and Mathematics: Percent of State Assessment Participants Meeting or Exceeding Proficiency.
Reading
Grade Level
(English
Version)
State/School District
(A)
Texas
Grade 3
Cypress-Fairbanks
Garland
Texas
Grade 4
Cypress-Fairbanks
Garland
Texas
Grade 5
Cypress-Fairbanks
Garland
Texas
Grade 8
Cypress-Fairbanks
Garland
Mathematics
State/School District
Grade Level
(A)
(English
Version)
Grade 3
Grade 4
Grade 5
Grade 8
Texas
Cypress-Fairbanks
Garland
Texas
Cypress-Fairbanks
Garland
Texas
Cypress-Fairbanks
Garland
Texas
Cypress-Fairbanks
Garland
All Students
(B)
Students with
Disabilities
(C)
98-99 99-00 00-01
88.0
87.9
86.8
95.0
94.4
91.9
93.9
92.6
93.2
88.8
89.9
90.8
96.1
94.8
94.7
95.7
95.0
95.1
86.4
87.8
90.2
95.7
94.1
94.5
93.3
92.6
94.6
88.2
89.6
91.9
93.4
95.6
96.4
91.5
91.9
93.4
All Students
(B)
98-99 99-00 00-01
78.5
80.1
80.5
92.5
92.4
86.9
88.4
83.5
87.2
75.2
81.6
85.0
89.6
91.2
92.4
91.4
88.5
89.0
69.2
74.6
81.1
89.4
88.5
90.7
80.1
83.6
87.3
63.7
68.9
76.2
79.4
86.0
92.6
81.1
83.2
82.7
Students with
Disabilities
(C)
98-99
83.1
93.9
91.2
87.6
95.5
94.9
90.1
97.1
95.0
86.3
92.5
87.4
98-99
71.3
86.0
84.0
72.7
87.7
90.4
74.6
92.7
87.6
58.8
76.2
65.6
99-00
80.6
91.2
87.4
87.1
94.7
92.7
92.1
97.9
96.1
90.2
95.3
90.5
00-01
83.1
91.8
89.0
91.3
96.7
94.4
94.6
98.3
97.0
92.4
97.3
93.3
50 Accountability for Students with Disabilities Who Receive Special Education
99-00
69.9
89.0
79.7
77.0
88.7
86.3
81.6
95.1
92.6
70.7
90.0
79.6
00-01
74.6
89.6
83.2
85.2
95.4
90.2
87.9
97.7
94.4
77.8
96.0
86.3
Difference Between all
Participants and Those with
Disabilities
(B - C)
98-99
99-00
00-01
9.5
7.8
6.3
2.5
2.0
2.4
5.5
9.1
6.0
13.6
8.3
5.8
6.5
3.6
2.3
4.3
6.5
6.1
17.2
13.2
9.1
6.3
5.6
5.9
13.2
9.0
7.3
24.5
20.7
15.7
14.0
9.6
3.8
10.4
8.7
10.7
Difference Between all
Participants and Those with
Disabilities
(B - C)
98-99
99-00
00-01
11.8
10.7
8.5
7.9
2.2
2.2
7.2
7.7
5.8
14.9
9.4
6.1
8.1
6.0
1.3
4.5
6.4
4.2
15.5
10.5
7.2
4.4
2.8
0.6
7.4
3.5
2.6
27.5
19.5
14.6
16.3
5.3
1.3
21.8
10.9
7.0
Figure 3. Texas 8th Grade Reading Test, Percentage of All Students and Percentage of Students Receiving Special
Education Services Who Met or Exceeded Standards on Statewide Tests, 1999-2001.
Texas--Tot. Pop.
120
Percentage
100
Texas--Sp. Ed.
80
60
40
20
0
1999
2000
2001
Year
Cypress
Fairbanks--Tot.
Pop.
Cypress
Fairbanks--Sp.
Ed.
Garland--Tot.
Pop.
Garland--Sp. Ed.
assessments, the achievement gap did widen, but
only slightly (from 4.3 to 6.5 to 6.1 in grade 4, and
10.4 to 8.7 to 10.7 in grade 8).
While impressive, these increases must be
considered in context with participation rates on
TAAS and SDAA for students with disabilities. As
discussed previously, although the rates of students
with disabilities participating in the state alternate
assessments are high, the percentages of students
taking the “regular” TAAS are much lower. In 200102, 48.5% of students with disabilities in Texas
took only the SDAA, up from 45.3% in 2000-01.
Only 40.9% took the TAAS. Similar participation
rates were reported for the Cypress-Fairbanks and
Garland districts.
Summary of Findings
Data regarding the participation rates and performance levels of all students and students with
disabilities were collected in four states: California,
Maryland, New York, and Texas. Table 26 shows
a basic and general summary of the results. At the
state level, it appears that California’s participation
rates stayed stable or slightly increased, the number
of students meeting proficiency generally increased,
and the achievement gap between all students and
students with disabilities remained stable or decreased slightly. In Maryland, participation rates
generally increased with a few exceptions depending upon grade level and subject area, generally
decreased in the percentage of students meeting
proficiency levels (again with a few exceptions),
and the achievement gap lessened in reading but
widened in math. New York data reveal that participation rates generally decreased with one exception, proficiency levels of students with disabilities
generally increased, and the achievement gap was
variable depending on the grade level and subject
area. Finally, Texas showed the clearest results with
increased levels participation and proficiency and
decreased achievement gaps, however the increases
in participation in Texas were in assessments that
had a different proficiency criterion.
The Educational Policy Reform Research Institute 51
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There are some notable limitations of the
results. Each of the states has a different way of
administering tests and reporting results; therefore,
it may not be appropriate to make direct comparisons across the states. Although we attempted to
calculate and report the data in a fair and consistent manner, we realize that there are differences
across states that may be better accounted for by
differences in their assessment systems than by
differences in the participation and proficiency
rates of their students. For example, as previously
explained, many students with disabilities in Texas
take the alternate assessment which can alter the
state’s reported results.
Also, while Table 26 provides a succinct and
very general overview of the findings, it only reports
state-level data and oversimplifies the complexities
inherent in these data. Much volatility exists at the
district level and most definitely at the school level.
Problems can also arise with missing data and a lack
of continuity in reported data across the years.
Table 26. State-Level Summary of the Trends for Students with Disabilities over the 3 Years of Data Collection.
State
CA
MD
NY
TX
Participation of
Students with
Disabilities
Generally stable or
slightly increased
Generally increased
with a few
exceptions
Generally decreased
with one exception
Increased, but
primarily in
alternates
Percentage of Students
with Disabilities Meeting
Proficiency
Generally increased
Generally decreased with a
few exceptions
Achievement Gap
between All Students and
Students with Disabilities
Generally stable or slightly
decreased
Decreased in reading and
increased in math
Generally increased
Variable
Increased
Decreased
52 Accountability for Students with Disabilities Who Receive Special Education
Topical Review Summary of Findings
There are many reasons for the lack of clearcut findings on the participation and performance
of the subgroup of students with disabilities in
accountability. These are evident in the contextual
and quantitative analyses included in this Topical
Review which illustrate both the instability and
complexity of the evolving system of accountability. Starting from the description of the context
of the four core states as background, it is quite
evident that assessment systems were shifting even
before the No Child Left Behind Act was enacted.
Variability that directly affected students with disabilities emerged in how their participation was
defined in state guidance, the nature of assessment
systems that were designed for them, and the accommodation policies that were developed to promote or discourage their inclusion in assessments
and reporting of their results. With NCLBA, each
state initiated major changes in its assessment and
accountability system to comply with the law. As
these findings demonstrate, the K-12 educational
policy environment has been quite fluid for much
of the past decade and likely will be for the foreseeable future. The changes in each of the four
states, initiated partly in response to changes in
federal law, interact with the overall complexity of
implementing a standards-driven system with the
students with disabilities. The NCLBA accelerated the changes and interrupted some initiatives
that were just beginning to be implemented (e.g.,
alternate assessments).
The overall work of EPRRI has been guided by
five research questions:
1. How are students with disabilities affected by
educational accountability reforms?
2. What are the criteria to which special education
has historically been held accountable?
3. What impact have educational accountability
mechanisms had on students with disabilities
at the system levels?
4. How do broad educational policies that incorporate high-stakes accountability include students
with disabilities?
5. What changes could be made to better align
special education policy with accountability
reform?
Findings from our four states that are presented in
this report shed some light on how students with
disabilities have been included in accountability
reforms, both pre and post NCLBA. The findings
suggest that full participation of these students in
the accountability system did not come without the
federal mandate. However, the findings are less
clear regarding the impacts on the performance of
students with disabilities.
Data for our analyses were drawn from state and
district Web sites for the years 1998-1999 through
2001-2002 for the grades in which the states assessed English language arts and mathematics. We
examined data for the four core states (California,
Maryland, New York, and Texas) and targeted districts in those states (California – Long Beach and
New Haven; Maryland – Carroll County and Montgomery County; New York – North Colonie Central
and Rochester City; Texas – Cypress Fairbanks and
Garland). The states originally varied in terms of the
stakes of their accountability systems, recentness
of reforms, stability of reform efforts, participation
of students with disabilities in all accountability
reports, the use of alternate assessments, and the
availability of school and districts-level data on the
The Educational Policy Reform Research Institute 53
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performance of students with disabilities. These
variances changed with the implementation of
NCLBA, when all states and districts moved into a
high-stakes accountability situation and the availability of publicly reported data increased for all.
The difficulty in reaching conclusions from
our analyses also arose because of data challenges.
There were often missing data, or data elements
that changed from one year to the next. In addition,
as the numbers of students within the disability
subgroup decreased, findings were less reliable,
making results more volatile from year to year.
This made it easier to examine state level data than
district level data.
Conclusions
The 2004 Individuals with Disabilities Education Improvement Act and the 2001 No Child
Left Behind Act both require that students with
disabilities participate in statewide assessments,
and that their participation and performance results
be publicly reported and included in measures of
AYP. The picture of implementation painted in this
Topical Review for EPRRI’s four case study states
(California, Maryland, New York, and Texas) and
two districts within each of these states for the years
1998-99 through 2000-01, with specific years varying by state, is one of variability. Yet there are some
conclusions to be drawn from the analyses.
It is clear that as more students with disabilities
participate, there is a tendency for performance to
reduce, at least initially – unless there is something
about the assessment system (such as in Texas) that
obviates that. Yet, over time, with access to the curriculum and improved instructional interventions,
it is hoped that with stable participation there will
be evident increases in performance.
Second, the data lead one to wonder whether,
under current circumstances, it will be possible to
know there has been a change in the achievement
of students with disabilities, or we are simply seeing the effects of policy changes. The nature of
assessments changed in nearly every one of our
case study states. Similarly, the accommodation
policies changed as well. To what extent these effected the performance of students with disabilities
is unknown.
Finally, it is not evident here whether there has
been a closing of the gap in achievement. It may be
that it is too early – that by 2000-01 is really still
a baseline period. Contextual data show that states
and districts are paying attention to the disability
subgroup (they are disaggregating their data, they
are examining and adjusting their accommodation
policies), as do data from qualitative case studies
(see www.eprri.org).
First, the disaggregation of data for the subgroup of students with disabilities has opened up
information that has not been available before. This
has revealed that the performance of most students
with disabilities – but not all – is low. It has also
shown that the performance of students with disabilities can increase. Exactly what the increases
in performance are tied to is the critical question.
5 Accountability for Students with Disabilities Who Receive Special Education