Reporting Test Results for Students with Disabilities and English-Language Learners Summary of a Workshop (2002) / Chapter Skim
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3. Legal and Political Contexts for Including Students with Special Needs in Assessment Programs
3. Legal and Political Contexts for Including Students with Special Needs in Assessment Programs
Pages 12-18
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From page 12... ...
POLITICAL CONTEXT Coleman opened his presentation by saying that there is one issue that has bipartisan agreement in Washington these days that tests are good. Testing was a significant component of the Goals 2000: Educate America Act of 1994, the school reform measures enacted by the Clinton administration, and the Improving America's Schools Act1 (IASA)
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From page 13... ...
LEGAL CONTEXT In laying out the legal context for inclusion and accommodation, Coleman noted that there is a "complex maze" of federal laws that relate to standards-based educational reform. He distinguished between laws that deal with fundamental student rights and those that are related to a particular federal grant program.
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From page 14... ...
Laws that fall into this category are Titles I and VII of the 1994 ESEA, the Goals 2000: Educate America Act, and the No Child Left Behind Act. Title I of the 1994 ESEA serves disadvantaged, high-poverty students, while Title VII serves language minority students.
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From page 15... ...
. Title VI states that to the extent that testing opportunities represent benefits or are related to educational opportunities, English-language learners must be included.
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From page 16... ...
REPORTING Titles I and VII of the 1994 ESEA require states to report disaggregated achievement test results for students with disabilities and Englishlanguage learners in order to monitor their progress. This requirement for reporting is continued and raised to a new status with the No Child Left Behind Act.
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From page 17... ...
Coleman described two recent cases that dealt with the appropriateness of the accommodations for the constructs being tested and the objectives for the assessment program. In a recent case in Indiana (Rene u Reed, the decision of the state appellate court was that IEP accommodations need not be provided if they would affect the validity of test results.
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From page 18... ...
He referred to these as second-generation claims in which students are impacted by the accountability measures enacted for schools and/or school districts, such as corrective actions imposed as a result of a school's poor test performance. To date, there has been no litigation associated with NAEP because it has not been used to provide instructional benefits or opportunities to individual students.
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