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ED Releases NCLB 2% Final Rule

(04/16/07)

The U.S. Department of Education (ED) released final regulations to allow states to assess certain students with disabilities using an alternate assessment, commonly referred to as the 2% rule, under the No Child Left Behind (NCLB) Act. The new regulations were published in the April 9, 2007, Federal Register [PDF].

Specifically, states may develop modified academic achievement standards based on grade-level content – and alternate assessments based on those standards – for students with disabilities who are capable of achieving high standards but who may not reach grade level in the same time as their peers. Effective May 9, 2007, the regulations permit states to count 2% of proficient and advanced scores on alternate assessment when measuring adequate yearly progress (AYP). Previously, ED released regulations for students with the most significant cognitive disabilities, where states may count up to 1% of proficient and advanced assessment scores based on alternate achievement standards toward the AYP calculation.

ED also released guidance on the implementation of the new 2% final regulations, offering recommendations on issues such as how students with disabilities can be appropriately identified for this assessment and announced $21 million in grants to help states develop new assessments for these students and a Special Education Partnership for technical assistance.

ASHA staff is analyzing the regulations and will provide a summary in the near future on ASHA's IDEA Web site. For more information on the regulations, please visit ED's Web site or contact Catherine D. Clarke, ASHA's Director of Education and Regulatory Advocacy, by e-mail at cclarke@asha.org or by phone at 800-498-2071, ext. 4159.


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