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ED Secretary Spellings Announces New Special Education Guidelines

(05/12/05)

U.S. Department of Education (ED) Secretary Margaret Spellings has announced the details of a new No Child Left Behind policy designed to help states better assist students with disabilities. The new guidelines reflect the latest scientific research that shows 2 percent of students with academic disabilities can make progress toward grade-level standards when they receive high-quality instruction and modified assessments. Under the new flexibility option, announced today, eligible states may adjust their state-set progress goals to reflect the need for modified assessments. This is a separate policy from the current regulation that allows up to 1 percent of all students being tested (those with the most significant cognitive disabilities) to take an alternate assessment.

According to Secretary Spellings, under this policy, to be made final under a new rule, students with academic disabilities will be allowed to take tests that are specifically geared toward their abilities, as long as the state is working to best serve those students by providing rigorous research-based training for teachers, improving assessments, and organizing collaboration between special education and classroom teachers.

The new guidelines outline the process for how eligible states can implement this new policy in the short-term until ED issues final regulations on the policy. ED is working on regulations to implement the new policy and will release a notice of proposed rulemaking to seek comments from local school districts, parents, and others before finalizing the regulations.

Additionally, ED plans to direct $14 million to improve assessments, help teachers with instruction, and conduct research for students with disabilities who are held to alternate and modified achievement standards in 2005 in order to increase the state's ability to provide rigorous assessment, instruction, and accountability for students with disabilities. Additional funds are anticipated to be directed in 2006. For further information, please visit ED's Web site or contact Catherine D. Clarke, ASHA's Director of Education and Regulatory Advocacy, by email at cclarke@asha.org, or by phone at 800-498-2071, ext. 4159.


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