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	A Voice for GAP Kids Providing information,education and advocacy

Non-Participation of Students with Disabilites in a Standards of Learning Assessment(s)

 I have been asked to provide information on students with disabilities who are in Grades 3,5,and 8 who are not participating in Standards of Learning Assessments. The complete document can be found on the Virginia Department Of Education (VDOE)  web-site at http://www.pen.k12.va.us/VDOE/suptsmemos/2002/inf140b.pdf see pages 8-10.

 

VI.              Non-Participation of Students with Disabilities in a Standards of Learning Assessment(s)

 

A.    Standards of Learning Assessments for Grades 3, 5, and 8

 

Non-participation in a Standards of Learning assessment in grades 3, 5, and 8 should be considered only for students who have not received instruction in content covered by the Standards of Learning assessment. The IEP team or 504 committee must base its determination on the fact that the Standards of Learning assessments in grades 3, 5, and 8 measure content covered in previous grades.

 

If the IEP team or 504 committee determines that it is not appropriate for the student to participate in a Standards of Learning assessment, the consequences of this decision must be fully explained so that the student's parent, legal guardian, or surrogate parent and the student, if appropriate, understand the consequences. At the elementary and middle school level these consequences may include:

·        The student will not have the opportunity to participate in the school's remediation recovery program, which is available to students who have not passed the English: Reading and/or mathematics Standards of Learning tests in grades 3, 5, and 8;

 

·        Teachers, parents and the student will not receive the information on student progress contained in the Standards of Learning score reports; and

 

·        The student may not have the opportunity to experience a Standards of Learning assessment prior to taking the assessments needed for graduation.

 

 

NOTE: The No Child Left Behind Act of 2001 requires that at least 95% of students with disabilities participate in state assessments that measure adequate yearly progress. These assessments are currently in the areas of reading/language arts and mathematics and will include science beginning in 2007-2008.

 

The following non-participation procedures and practices must be followed by the IEP team or the 504 committee:

 

1. The IEP team or 504 committee shall review the IEP/504 plan of each student with respect to participation in each of the Standards of Learning assessments.
2. The IEP team or 504 committee must document its determination that a student will not participate in a particular Standards of Learning assessment. This documentation shall include a statement of the reasons why a particular assessment is not appropriate for the student and how the student will be assessed in that area.

 The following are not acceptable reasons for why a particular assessment is inappropriate:

• The student's disability;
• The belief that the student may fail the test;
• The belief that the student does not need this assessment to be promoted to the next grade or to graduate with an advanced studies diploma, a standard diploma, a modified standard diploma, a special diploma, or a certificate;
•  The student is reading or is performing below grade level; The belief that the experience will be too stressful for the student;
• The student's behavior prohibits taking the test with a group; and
• The student has not mastered all of the curriculum that is covered on the 3rd, 5th, or 8h grade Standards of Learning assessments.

 

This documentation must be attached to or become part of the student's IEP or 504 plan and must indicate that the consequences of this decision have been fully explained to and understood by the student's parent, legal guardian or surrogate parent, or student, if appropriate, and that the parent's and student's due process rights have been explained.

 

3          a.            Students with a 504 plan must participate in the Standards of Learning assessment in at least one of the four content areas at grades 3, 5, and 8.

 

B.    Students with an IEP must participate in the Standards of Learning assessment in at least one of the four content areas at grades 3, 5, and 8 or in the Virginia Alternate Assessment Program (VAAP). If the IEP team determines that a student will not participate in any of the Standards of Learning assessments, then the IEP team needs to determine if the student meets the criteria to participate in the VAAP (see Virginia Alternate Assessment Program section). If the student does not meet the criteria, then the student will participate in either the English: Reading or the mathematics test of the Standards of Learning assessment program at grades 3, 5, and 8.

 

If the parent, guardian, surrogate parent, or student requests non-participation in a particular Standards of Learning assessment, an IEP team or 504 committee will be convened to consider the request. The IEP team or 504 committee should document its deliberations and its decision relative to this request in the student's IEP or 504 plan.

 

B.    Standards of Learning End-of-Course Assessments

 Students with disabilities must take all applicable end-of-course Standards of Learning assessments if the student is enrolled in the course. Students who are auditing a course or being instructed in only part of the content and thus not enrolled do not take the Standards of Learning end-of-course assessment. In such cases, the course title and code should reflect the instruction being provided the student.

NOTE: There may be a small number of students with IEPs in grades 9-11 who will not be enrolled in any courses for which there is an end-of-course Standards of Learning assessment, will not be working towards an advanced studies diploma, standard diploma, or modified standard diploma, and will not meet the criteria of the VAAP. For these students, the IEP team must document this on the IEP. This documentation must include a statement of why the VAAP is not appropriate for the student; how the student will be assessed; indicate that the consequences have been fully explained so that the student's parent(s) or the student understand the consequences; and indicate that parent's and student's due process rights have been explained.  

If the parent, guardian, surrogate parent, or student requests non-participation in a particular Standards of Learning assessment, an IEP team or 504 committee will be convened to consider the request. The IEP team or 504 committee should document its deliberations and its decision relative to this request in the student's IEP or 504 plan.