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ED Releases Exemption to 1% Rule for Students with Disabilities

The U.S. Department of Education released new policy guidance on March 2, 2004, that outlines the means by which states can seek an exemption to the 1 percent cap on the number of proficient scores of students with the most significant cognitive disabilities who take alternate assessments based on alternate achievement standards that may be included in calculations for determining adequate yearly progress (AYP) under the No Child Left Behind (NCLB) Act.

To exceed the exemption cap, states must provide the following information: an explanation of circumstances that result in more than 1 percent of all students statewide having the most significant cognitive disabilities and who are achieving a proficient score on alternate assessments based on alternate achievement standards; data showing the incidence rate of students with the most significant cognitive disabilities; and information showing how the state has implemented alternate achievement standards.   For more information visit http://www.ed.gov/news/pressreleases/2004/03/03022004.html; or contact Catherine D. Clarke, ASHA's Director of Education and Regulatory Advocacy, via e-mail at cclarke@asha.org or by phone at 800-498-2071, ext. 4159.



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