ASHA Submits Comments on NCLB 2% Rule

(03/28/06)

ASHA submitted comments to the U.S. Department of Education (ED) on the proposed regulations for modified achievement standards for students with disabilities that appeared in the December 15, 2005 Federal Register. The proposed rules would permit states to develop modified achievement standards (and assessments that measure achievement based on those standards) that are aligned with grade-level content standards, but are modified in such a manner that they reflect reduced breadth or depth of grade-level content. These regulations amend the regulations governing programs administered under Title I of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001 (NCLB) (referred to in these proposed regulations as the Title I program) and the regulations governing programs under Part B of the Individuals with Disabilities Education Act (IDEA).

ASHA expressed concern about a number of issues including:

• The requirement that the modified achievement standards be aligned with grade-level content but adjusted to reflect reduced breadth or depth of grade-level content.
• The proposed regulations that would establish conditions under which a state or local education agency may never exceed the 1% or 2% caps.
• The requirement that reports must include only the number of children provided accommodations that did not invalidate the score of assessments.
• The omission of related services among other providers listed to obtain training on how to administer assessments and the appropriate use of accommodations.

ASHA members can view the full text of the letter [PDF]. For further information, please 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.