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ASHA Releases Summary of NCLB 2% Final Rules for Students with Disabilities  

(05/22/07)

 ASHA has released a summary of the final regulations [PDF] under the No Child Left Behind (NCLB) Act that allows states to assess certain students with disabilities using an alternate assessment, commonly referred to as the 2% rule.

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. It allows states to count 2% of proficient and advanced scores on alternate assessments when measuring adequate yearly progress (AYP) under the law.

The regulations became effective on May 9, 2007. For more information on the regulations, please visit ED's Web site at or contact Catherine D. Clarke, ASHA's Director of Education and Regulatory Advocacy, at 800-498-2071, ext. 4159, or by e-mail at cclarke@asha.org.


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