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Question:
Is my disabled child subject to high
stakes testing?
Answer:
First, each state establishes what
tests they will use to determine educational progress Therefore,
anyone who questions whether their child is required to take a
particular test, and if required, what accommodations will be made
needs to contact their state department of education. For children
under IDEA, their Individualized Education Plan (IEP) will govern this
area, as will a student’s plan for accommodations under §504. In
general, the IEP or §504 Team has four alternatives available:
1. The student takes the test with his or her classmates in the exact
same manner as other students.
2. The student takes the test with approved modifications (oral
administration, added time, etc.). The list of available modifications
should be available from the state department of education.
3. The student takes an alternative assessment based on the same
achievement standards as the regular assessment, but the
assessment tool is (designed (re-designed) to address student’s unique
needs. While some states may not have an alternative assessment and
other may only have one form, an argument can be made that the
assessment tool needs to be individualized to the each student.
4. The student takes an alternate assessment that is based on
different achievement standards that what is applicable under the
first three alternatives. For example, a student with a significant
difficulty in cognitive skills may be assessed based on their
achievement of their skills of daily living and not academic skills.
You will note that ALL students, including those with disabilities,
can be included in one of these four categories. On the other hand, if
a student has severe anxiety or some other disability that would be
negatively impacted by the assessment process itself, the parents or
school staff may wish to consider that the child should be totally
exempted from assessment. This would be a rare occurrence as
accommodations can be implemented to relieve the stress. At the same
time, the school staff may attempt to excuse the student from
assessment claiming it will harm their “self-esteem”. In reality, this
may well be an attempt remove the student’s score to improve the
school building’s score for No Child Left Behind purposes. In my
opinion, as a decision to forgo assessment testing can significantly
impact other rights (graduation, etc.) and make it difficult to track
progress, it is something that needs to be carefully reviewed and
decided on a case-by-case basis.
John Brower, JD
Education Law Center, PLLC
Education Law Center, PLLC · 810-227-9850
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www.michedlawcenter.com
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