Some special education experts say that New York’s assessment tests, aligned with Common Core standards and intended to improve student achievement, are not producing good outcomes for students with disabilities.

Last year, throughout the state, there were 190 school districts in which no third-grade special education students were proficient on the language arts test. In New York City, only 12 percent of students with disabilities scored “proficient” or higher in math; in English it was 7 percent. Critics say that special education students should not have to take the same exams that are taken by students without disabilities. Last year, 20 percent of all New York students opted out of taking the exams.

On the other side of this debate are special education advocates who say that setting high standards for students with disabilities encourages them to achieve. These advocates say that with the right supports and services, special education students can score just as well on these exams as their peers without disabilities.

PS 172 in Brooklyn is one school that has improved the performance of its special education students on Common Core exams. At PS 172, 27.6 percent of the students have individualized education programs (IEPs), well above the 18 percent citywide average. The school prides itself on personalized instruction and integration of special education students with the general education classroom. The school uses “push-in” therapists and teachers who come to the general classroom to work with students who need their services, rather than removing the students from class. This helps reduce the stigma of special education and ensures that students do not miss out on the culture of the classroom.

The results at PS 172 speak for themselves. Of the 70 students from grades 3 to 5 tested last year, nearly all were proficient in math, and about 60 percent were proficient in language arts.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

Was this article of interest to you? If so, please LIKE our Facebook Page by clicking here or sign up for our monthly newsletter.

Some special education experts say that New York’s assessment tests, aligned with Common Core standards and intended to improve student achievement, are not producing good outcomes for students with disabilities. Last year, throughout the state, there were 190 school districts in which no third-grade special education students were proficient on the language arts test. In New York City, only 12…

View On WordPress

Some special education experts say that New York’s assessment tests, aligned with Common Core standards and intended to improve student achievement, are not producing good outcomes for students with disabilities.

Last year, throughout the state, there were 190 school districts in which no third-grade special education students were proficient on the language arts test. In New York City, only 12 percent of students with disabilities scored “proficient” or higher in math; in English it was 7 percent. Critics say that special education students should not have to take the same exams that are taken by students without disabilities. Last year, 20 percent of all New York students opted out of taking the exams.

On the other side of this debate are special education advocates who say that setting high standards for students with disabilities encourages them to achieve. These advocates say that with the right supports and services, special education students can score just as well on these exams as their peers without disabilities.

PS 172 in Brooklyn is one school that has improved the performance of its special education students on Common Core exams. At PS 172, 27.6 percent of the students have individualized education programs (IEPs), well above the 18 percent citywide average. The school prides itself on personalized instruction and integration of special education students with the general education classroom. The school uses “push-in” therapists and teachers who come to the general classroom to work with students who need their services, rather than removing the students from class. This helps reduce the stigma of special education and ensures that students do not miss out on the culture of the classroom.

The results at PS 172 speak for themselves. Of the 70 students from grades 3 to 5 tested last year, nearly all were proficient in math, and about 60 percent were proficient in language arts.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

Was this article of interest to you? If so, please LIKE our Facebook Page by clicking here or sign up for our monthly newsletter.

By Marion Walsh, Esq., Littman Krooks LLP

Last week, New York State students participated in the English Language Arts assessments.  Math assessments will occur Wednesday, April 30 – Friday, May 2.   This is the second year that students in New York will take assessments based on Common Core Learning Standards (CCLS).  Westchester County Executive Rob Astorino has stated publically that he planned to have his children opt-out of these assessments.

Before making the same decision for your child, you should understand the purpose of the tests and any consequences of opting out for your child.

CCLS is Required in New York as Part of Assessment Scheme

The CCLS assessments represent only one part of required No Child Left Behind Act (NCLB) testing.  NCLB requires states to administer tests in English Language Arts (ELA) and Mathematics in grades 3-8 and at least once in grades 10-12. It also requires states to administer testing in Science at least once during grades 3-5, 6-9 and 10-12.  In New York, the State Education Department Office of State Assessment coordinates, develops, and implements the assessment program.  New York implemented CCLS as part of NCLB assessments last year. The tests primarily at issue in the opt-out movement include testing in ELA and Mathematics for grades 3-8, as it is only these assessments that incorporate CCLS at this time.

There are consequences for your school district if the district does not meet testing participation rates. NCLB requires a 95% rate for all students and subgroups or the district could lost Title I funding.

Understand Your Rights

Most school districts will respect your right to have your child decline to take the assessments.   As a matter of terminology, legally, New York State does not have a statutory opt-out provision and there exists no right to opt-out.  New York State law does not require parental consent before school districts administer building level assessments to the general population.

Consider the impact of Opting Out

Before you decide to have your child opt-out, consider the impact of that decision on your child. On the one hand, the decision may empower your child and send an important statement.

Keep in mind that the Common Core now constitutes the general curriculum in New York and, in order to advance from grade to grade and achieve a high school diploma, your child will have to progress in this curriculum.   If your child is struggling on Common Core assessments, you will need data to present to his/her teacher to get needed support or services.  School districts also need to know how students are doing in order to improve these tests, improve the curriculum and improve student performance. The school and the parents need all the evidence they can get on what is working and not working, particularly for children who are struggling in school.   If your child has a disability or you believe that your child may have a disability, it can be even more important to get this data.   The Common Core assessments have lofty aspirations and many problems but educators cannot improve the assessments without data.

Make certain that the decision to opt-out will not negatively impact your child. Understand that your child has been working toward these assessments for the year.  Telling your child not to take them may devalue their work in school.

Your child will be taking many different types of assessments for many years, such as the SAT and ACT and, possibly, tests for admission to professional schools (MCAT, LSAT).  You may prefer to have your child to learn coping skills on difficult tasks rather than opting out.   In addition, opting out of the assessments could also impact your child’s placement and services for the following year.

Before having your child opt-out, consider the following steps:

1. Talk to your child’s teacher and the school principal about the reasons you do not want your child to take the assessments and ask about more support.
2. Understand the consequences for your child and the school district.
3. Make certain that opting out will not make your child more anxious by feeling singled out.

As an Alternative, Consider Advocacy:

New York State has indicated that it wishes to receive guidance and input on improving common core assessments and wants to hear from parents. The State Board of Regents has already adjusted the implementation of the CCLS in New York and will continue to do so.

It is important for parents to be aware of what the common core standards are and how they will affect their children’s education. Parents of children with special needs may also wonder how special education will be integrated with the common core standards.

The common core standards are different from previous standards in that they encourage teachers to delve more deeply into the subject matter that is appropriate for that grade level, rather than attempting to cover too many different topics in a superficial way. As an illustration, kindergarten students in New York were previously expected to learn to count to 20 orally and write the numbers up to 10, and they were also introduced to exercises in identifying and creating numerical patterns, which was intended as a rudimentary introduction to algebra concepts. In the new standards, the focus on patterns has been dropped, and kindergarten students instead focus more intensely on learning to count. Kindergarteners will now learn to count to 100 orally and write the numbers up to 20. Rather than memorizing a list of numbers, the focus will be on making sure students truly understand what numbers mean.

The principle of delving more deeply into fewer subjects holds true for language arts as well. The Common Core also requires students to read more deeply and to read non-fiction. It applies to all grade levels from kindergarten to 12th grade.

The Common Core in New York City school system, the NYCDOE, is initiating changes. The implementation of the common core standards is happening at the same time that changes are being made in the city’s special education system, after a two-year pilot phase. The special education reforms call for more inclusion for students with special needs, with as much integration into general classrooms as is appropriate based on the student’s individual challenges. The city’s academic officers said that separate special education classrooms could be a detriment to students with learning disabilities who are seeking high school diplomas.

There are obvious challenges involved with introducing two different sets of changes simultaneously, and some parents have expressed concern that the new common core standards may be difficult to modify for special education purposes and might create more barriers for special needs students. However, education officials said that the approach makes sense and is part of moving all students toward a higher set of standards.

For more information on the Common Core in New York, visit http://www.engageny.org.
To learn more about our legal services for families with special needs, visit www.specialneedsnewyork.com.

The U.S. Department of Education has proposed Regulations, published on August 23, 2013, to transition away from the so-called “2 percent rule.” Under the existing regulations, States have been allowed to develop alternate assessments aligned to modified academic achievement standards (AA-MAAS) for some students with disabilities and use the results of those assessments for accountability purposes under Title I of the Elementary and Secondary Education Act and the Individuals with Disabilities Education Act. In making accountability determinations, States currently may count as proficient scores for up to 2 percent of students in the grades assessed using the alternate assessments based on modified academic achievement standards. The alternate achievement standards are commonly known as 2 percent tests.

The notice emphasizes the Department’s commitment to holding all students to high standards that better prepare them for college and career.  Under the Department’s proposed regulation, students with disabilities who have been taking the AA-MAAS will transition to college and career ready standards and general assessments that are aligned to those standards and accessible to all students.The proposed amendments would permit states that administered the  modified testing during  2012-13 to continue doing so on a transitional basis, and include the results from these tests in AYP calculations “subject to limitations on the number of proficient scores that may be counted for AYP purposes,” according to the Notice of proposed rulemaking.  The proposed amendments also would apply to accountability determinations made by eligible states that receive ESEA flexibility waivers and have requested a waiver of making AYP determinations, the notice says.

The U.S. Department of Education cited research showing that low-achieving students with disabilities make academic progress when provided with appropriate supports and instruction. The general assessments, “in combination with such supports and instruction for students with disabilities, can promote high expectations for all students, including students with disabilities, by encouraging teaching and learning to the academic achievement standards measured by the general assessments.” The US Department of Education expects that elimination of the alternate achievement standards will give states the opportunity to “refocus their assessment efforts and resources” on developing these general assessments.

The rules are only proposed and will alarm parents of students with disabilities, as assessments just became more rigorous, with the introduction of the Common Core.  However, alternate assessments have not been very effective in measuring progress, so their elimination could be a positive development.   Ask your school what additional supports may be available for your child.

Bottom line: Do not panic. Take some time to review the rules and comment and ask your school district to do the same. Then, wait for the final rules and state guidance.