November 2004

Overview
These guidelines focus on the provision of locally selected assessments in lieu of State assessments (elementary 4th and 5th grade, intermediate 8th grade and commencement assessments) for certain students with disabilities. The identified group of students who may qualify for locally selected assessments are those students who, due to a performance gap resulting from the students’ unique disability needs, are unable to meet the grade/age level expectations to take the general State assessments and who do not meet the eligibility criteria for the State Alternate Assessment for Students with Severe Disabilities (NYSAA). According to the SED, the administration of locally selected assessments to this group of students will ensure that objective and appropriate measures of students’ progress toward the New York State learning standards are available for all students. Results of such assessments will provide important information to direct instruction to these students and to provide a measure of accountability for schools.
A resolution adopted at the 2001 NYSUT Representative Assembly and subsequently forwarded to Commissioner Mills, asks the SED to re-examine the current regulation requiring all student with disabilities to participate in the state assessment system regardless of their reading, writing and mathematical abilities. The guidelines described herein are consistent with the NYSUT resolution as they afford students with significant achievement gaps the option to participate in other measurements, more appropriately related to their abilities and aligned with state learning standards.

This bulletin provides information on:

• Criteria for locally selected assessments;
• When students must participate in locally selected assessments;
• Student eligibility criteria for participation in locally selected assessments;
• The role of the CSE in recommending students to participate in locally selected assessments;
• What must be indicated on the IEP; and
• Reporting student participation in locally selected assessments

Criteria for Locally Selected Assessments

Each school district should identify those assessments that meet the criteria designated below that will be used to assess any student with a disability who is determined by the CSE as not being able to participate in the elementary, intermediate, commencement level state assessments or in the NYSAA. The locally selected assessment appropriate for the performance level for each student would be determined based on information provided by the student’s special education teacher and other educators with knowledge about the general curriculum and the learning standards.

The locally selected assessment must:

• be a standardized assessment;
• measure a student's achievement of the New York State learning standards;
• be of demonstrated technical quality so progress can be measured at the appropriate performance indicator level that the student is working on; and
• meet the standards contained in Standards for Educational and Psychological Testing (American Educational Research Association, National Council on Measurement in Education and American Psychological Association, 1999).

Locally selected assessments must be aligned to the New York State learning standards meaning that the assessment must measure a student’s level of performance in the same standards areas that the State assessment measures. For example, if a student with a disability will be participating in a locally selected assessment in lieu of the elementary State assessment for English language arts, the locally selected assessment must provide a measure of progress towards those same standards. Schools should review the content of the assessment to determine that it is consistent with the student's instructional program.

The results of locally selected assessments should provide an objective measure of the student's progress in the general education curriculum. Results of the assessment should be used to monitor the student's progress on the learning standards, to determine appropriate curriculum and instruction for the student and to provide a measure of accountability for schools for all students. Results should be shared with parents.

When Students Must Participate in Locally Selected Assessments

Each student with a disability who is recommended for participation in locally selected assessments must be assessed generally at the same time and towards the same standards as students participating in State assessments, as summarized below:

Student Eligibility Criteria for Participation in Locally Selected Assessments

To determine if an individual student will participate in a locally selected assessment, the CSE needs to apply the following participation criteria:
The student, because of such factors as cognitive deficits or intellectual capacity, is not able to meet grade/age level expectations even with appropriate instructional programs and supports:

The nature or severity of the student’s disability is such that, even with the use of supplementary aids and services, the student has a significant gap resulting from his or her disability between the curriculum the student is receiving based on his/her academic performance level and the curriculum generally appropriate for non-disabled students of the same age. A significant gap is when a student is:

 participating in a general education first grade level curriculum when non-disabled peers are participating in the elementary level examinations;
 participating in a general education grade 1-4 level curriculum when non-disabled peers are participating in the intermediate level examinations;
 participating in a general education grade 1-5 level curriculum when non-disabled peers are participating in high school Regents examinations; and
 The student does not meet the participation criteria for the NYSAA.

The determination that a student requires a locally selected assessment should not be based solely on such factors as the student’s category of disability, excessive or extended absences unrelated to the disability, language differences or cultural or environmental factors.

Role of the CSE
CSEs must recommend the specially-designed instruction, supports and services a student needs (1) to address his or her unique disability needs; (2) to support the student’s successful participation and progress in the general curriculum and in State and district-wide assessment programs; (3) to achieve the measurable goals in his or her Individualized Education Program (IEP); and (4) to be educated in the least restrictive environment and to the maximum extent appropriate, with his or her nondisabled peers. The CSE must indicate on the IEP the student's participation in each State (i.e., English language arts, math, social studies and science) and district-wide assessment. The CSE must individually determine and document on the IEP if the student will not participate in each State and local general assessment; (1) why not and (2) how the student will be assessed (8 NYCRR 200.4(d)(2)(vi)).

Under federal law, students with disabilities must participate in the State and local assessment program and the CSE may not exempt any student from such participation. CSEs may recommend participation in a locally selected assessment in lieu of a State assessment for certain students with disabilities using the above stated participation criteria through the 2004-05 school year. SED expects that these students demonstrate skills in the subject that are at or below those described for level 1 performance on the elementary or intermediate level assessments.

What Must be Indicated on the IEP?
The IEPs of such students must:

 indicate each State assessment (or part of the assessment) the student would not participate in;
 state why that assessment is not appropriate for the student; and
 state how the student will be assessed. In stating how the student will be assessed, the IEP would state "locally selected assessment" and the standards area (e.g., English language arts) to be assessed. Additionally, the IEP could indicate the particular locally selected assessment to be used and/or provide information to identify an assessment that corresponds to the level appropriate to the student’s needs.

The district would select the specific assessment appropriate for the performance level for each student with input from the student’s special education teacher and general educators with knowledge about the general curriculum and learning standards.

Reporting Student Participation in Locally Selected Assessments

For the two school years for which this provision is in place, districts will include records for students participating in locally selected assessments in student data files submitted to the State Education Department. Records for students taking these assessments in lieu of elementary- and middle-grade State assessments should be submitted in the Local Education Agency Program (LEAP) file. Records for students taking these assessments in lieu of secondary-level State assessments should be submitted in the System for Tracking Student Progress (STEP) file. Directions for submitting data on these students can be found in the LEAP and STEP Reporting Manuals.

The School Report Card will indicate the number of students participating in locally selected assessments at each grade level. For purposes of school and district accountability, students who participate in the locally selected assessment will be counted toward the 95 percent participation rate under the No Child Left Behind Act. Students who participate in the locally selected assessment will be counted as though they performed at level 1 on the elementary and middle-level State assessments in English language arts and mathematics. The Department will not include these students when reporting results on these assessments in other contexts.

Secondary-level students who participate in locally selected assessments will not be removed from the school accountability cohort. These students will not be counted as meeting the assessment requirements for a local or Regents diploma.

Questions regarding this information should be directed to SED’s Office of State Assessment at (518) 474-5099 or the Special Education Policy Unit at (518) 473-2878. Questions may also be directed to a Regional Associate at one of the following Special Education Quality Assurance Regional Offices:

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