The 1% Rule: The 1% Rule: Alternate Alternate

Assessment Assessment ParticipationParticipation

November 20, 2007November 20, 2007

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What is the 1% rule and What is the 1% rule and ……

How can we make sense How can we make sense of it?of it?

Under NCLB, federal rules place a Under NCLB, federal rules place a 1% cap on the number1% cap on the number of of students at the state and district students at the state and district levels, in the grades tested, who levels, in the grades tested, who maymay demonstrate proficiency demonstrate proficiency through an assessment based on through an assessment based on alternate achievement standards.alternate achievement standards.

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Federal Register Federal Register NCLB Final Rule: NCLB Final Rule:

12/9/200312/9/2003“These regulations clarify that a State is permitted to use alternate achievement standards to evaluate the performance of students with the most significant cognitive disabilities and to give equal weight to proficient and advanced performance based on the alternate standards in calculating school, district, and State AYP, provided that the number of proficient and advanced scores based on the alternate achievement standards does not exceed 1.0 percent of all students in the grades tested at the State or LEA level.” (Page 68699)

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Federal Register Federal Register NCLB Final Rule: NCLB Final Rule:

12/9/200312/9/2003“Although the 1% cap is applied to the number of proficient and advanced scores that may be included in AYP determinations, rather than the number of students taking an assessment against alternate achievement standards, this regulation clarifies the Department’s position that alternate achievement standards are acceptable only for the small number of students with the most significant cognitive disabilities.” (Page 68699)

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But …. on 8/14/2006,But …. on 8/14/2006,

the Federal Register on the Federal Register on IDEA IDEA

said the following:said the following:

“Under 34 CFR 200.1(d), States are permitted to assess up to one percent of students against alternate achievement standards.” (IDEA comments on page 46745)

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Did you notice?Did you notice?

Slides 3&4 disagree

with slide 5.

Both statements are printed in the Federal

Register.

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Confused yet?Confused yet?

You should be.

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Making sense of this Making sense of this for NH… for NH…

First things first -

1.NH accepts as accurate the 12/3/2003 Final Rule definition of the 1% cap. (Slides 3-4).

2.NH considers the 8/14/2006 statement in the comments section of the Federal Register to be in error. (Slide #5)

Use the definition given in slides 3 & 4.

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Many school districts in NH are Many school districts in NH are very …very …smallsmall. .

For this reason the For this reason the percentpercent of of students in the NH-Alternate (NH-students in the NH-Alternate (NH-Alt) from the grades tested in any Alt) from the grades tested in any one district can vary a great deal one district can vary a great deal across districts.across districts.

The Problem of Scale

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Still, as a Still, as a whole statewhole state, the percent , the percent of students who take the NH-Alt of students who take the NH-Alt remains about 0.9% with only remains about 0.9% with only about 0.6% of the students in the about 0.6% of the students in the state state demonstrating demonstrating proficiencyproficiency on this assessment of on this assessment of alternate achievement standardsalternate achievement standards. .

As a state, NH remains well below As a state, NH remains well below the 1% federal cap.the 1% federal cap.

The Problem of Scale, cont’d.

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NH intends…NH intends…

1. To do what’s in the best interest of kids.

2. To ensure that, whenever possible, students are taught and assessed on grade level curriculum and achievement standards.

3. To ensure that all students who qualify be taught and assessed on alternate achievement standards participate and count in NH Alternate Assessment.

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The Right of Access to The Right of Access to InstructionInstruction

To paraphrase NH RSA 193-E (1) & (2): To paraphrase NH RSA 193-E (1) & (2):

Every student educated by the Every student educated by the NH public school system has the right NH public school system has the right to receive meaningful instruction and to receive meaningful instruction and the opportunity to learn the content the opportunity to learn the content

knowledge and skills described knowledge and skills described in the NH Curriculum Frameworks. in the NH Curriculum Frameworks.

2006-2007 Ed.2006-2007 Ed.

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The Right of Access to The Right of Access to Instruction, Instruction, cont’d.cont’d.

When a student is identified by When a student is identified by his or her IEP team for inclusion his or her IEP team for inclusion in the state’s alternate in the state’s alternate assessment based on alternate assessment based on alternate achievement standards, it means achievement standards, it means that for that for thisthis child, exposure to child, exposure to the content curriculum will be the content curriculum will be reduced in depth, breadth, and reduced in depth, breadth, and complexitycomplexity so that the unique so that the unique instructional needs of this instructional needs of this student can be most fully met. student can be most fully met.

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The Right of Access to The Right of Access to Instruction, Instruction, cont’d.cont’d.

Alternate achievement standards, Alternate achievement standards, though linked to grade-level content though linked to grade-level content expectations, are greatly expectations, are greatly modified modified from the high expectations held for from the high expectations held for the vast majority of NH students. the vast majority of NH students.

Identification of a student for Identification of a student for inclusion in the NH Alternate inclusion in the NH Alternate Assessment means that this student Assessment means that this student will receive a very constricted and will receive a very constricted and simplified form of access to simplified form of access to academic content. academic content.

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The Right of Access to The Right of Access to Instruction, Instruction, cont’d.cont’d.

The decision to place a student in The decision to place a student in alternate assessment represents a alternate assessment represents a very serious downward very serious downward adjustment of academic adjustment of academic expectations for the student. expectations for the student.

It is, therefore, the profound It is, therefore, the profound responsibility of the IEP team to responsibility of the IEP team to make this choice with the greatest make this choice with the greatest care and deliberation on behalf of care and deliberation on behalf of each and every student considered. each and every student considered.

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Who Qualifies for NH-Alt?Who Qualifies for NH-Alt?

Under federal rules and state Under federal rules and state policy, only those students who policy, only those students who have the have the most severe cognitive most severe cognitive disabilities disabilities and are unable to and are unable to demonstrate achievement of demonstrate achievement of grade-level academic standards, grade-level academic standards, even with the best instruction and even with the best instruction and with appropriate accommodations, with appropriate accommodations, may participate in the Alternate may participate in the Alternate Assessment, which is based on Assessment, which is based on alternate achievement standards. alternate achievement standards.

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Four criteria must be met to qualify Four criteria must be met to qualify for participation in NH-Alt:for participation in NH-Alt:

1.1. The student mustThe student must be currently be currently enrolled in grades 2, 3, 4, 5, 6, 7, 8, enrolled in grades 2, 3, 4, 5, 6, 7, 8, 10 or 1110 or 11, ,

and-and-

2.2. The student mustThe student must have an active have an active IEP for the curriculum year being IEP for the curriculum year being assessed, assessed,

and-and-

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Four criteriaFour criteria, , continued…continued…

3.3. There must beThere must be evidence that the evidence that the student’s student’s demonstrated cognitive demonstrated cognitive disabilitydisability and adaptive behavior skillsand adaptive behavior skills prevent him or herprevent him or her fromfrom demonstrating demonstrating achievement of the grade-level achievement of the grade-level proficiency standards described in the proficiency standards described in the New Hampshire Curriculum Frameworks, New Hampshire Curriculum Frameworks, even with best instruction and with even with best instruction and with appropriate accommodations,appropriate accommodations,

and-and-

4.4. There must beThere must be historical datahistorical data (current (current and longitudinal across multiple settings) and longitudinal across multiple settings) that confirm the student criteria listed that confirm the student criteria listed above.above.

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Who Decides NH-Alt Who Decides NH-Alt Participation?Participation?

Under IDEA, 2004, and under Under IDEA, 2004, and under NCLB, 2001, NCLB, 2001, only IEP teamsonly IEP teams are are given authority to make alternate given authority to make alternate assessment participation assessment participation decisions for individual students. decisions for individual students.

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Who Decides NH-Alt Who Decides NH-Alt Participation?Participation?

Based on this, Based on this, no single no single individualindividual, including school , including school administrators or even a parent, administrators or even a parent, acting outside the IEP team acting outside the IEP team process, may make this decision process, may make this decision for any student.for any student.

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NH IEP teams NH IEP teams are making good are making good

decisions. decisions. The IEP team process allows decisions The IEP team process allows decisions

to be informed from multiple to be informed from multiple perspectives. perspectives.

This team process increases the This team process increases the likelihood that students in the likelihood that students in the alternate assessment are correctly alternate assessment are correctly placed, that access to the general placed, that access to the general curriculum is not unnecessarily curriculum is not unnecessarily constricted, and that the individual constricted, and that the individual rights of students are fully protected. rights of students are fully protected.

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NH IEP teams NH IEP teams areare making good making good

decisions. decisions. Observations of scorers confirm Observations of scorers confirm

this.this.

Since May of 2005, over 3000 Since May of 2005, over 3000 portfolios were submitted for NH portfolios were submitted for NH Alternate Assessment for scoring. Alternate Assessment for scoring. Scorers Scorers rarelyrarely found students to found students to be inappropriately placed in NH-be inappropriately placed in NH-Alternate.Alternate.

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Characteristics of students Characteristics of students appropriately served appropriately served

by NH Alternate by NH Alternate Assessment:Assessment:

Limited Communication: Limited Communication:

The student may be considered The student may be considered nonverbal or may have very limited nonverbal or may have very limited expressive vocabulary and language expressive vocabulary and language skills. The student may use simple skills. The student may use simple language structures to communicate language structures to communicate and seldom acquires new and seldom acquires new communication skills through communication skills through incidental learning; incidental learning;

……andand

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Very Low Levels of Academic Very Low Levels of Academic Achievement: Achievement:

Performance in the subject matters of Performance in the subject matters of reading, writing, and mathematics is reading, writing, and mathematics is significantly below that of same age significantly below that of same age peers (e.g., peers (e.g., performance-level performance-level expectations must be modified to a expectations must be modified to a reduced orreduced or simpler level of performance simpler level of performance from the curriculum standards set for from the curriculum standards set for general education or “typical” New general education or “typical” New Hampshire studentsHampshire students)). .

Characteristics of Students in NH-Characteristics of Students in NH-

Alt,Alt, cont’d…cont’d…

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When typical general education peers When typical general education peers are reading paragraphs and are reading paragraphs and answering questions, the Alternate answering questions, the Alternate Assessment student might be Assessment student might be matching objects, pictures, or matching objects, pictures, or symbols, and when typical peers are symbols, and when typical peers are writing and solving equations, the writing and solving equations, the Alternate Assessment student might Alternate Assessment student might be using objects, symbol systems, or be using objects, symbol systems, or pictures to show more basic pictures to show more basic connections;connections; ……. . andand

Characteristics of Students in NH-Characteristics of Students in NH-

Alt,Alt, cont’d…cont’d…

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Highly Specialized Instruction: Highly Specialized Instruction:

The student generally requires The student generally requires systematic instruction with tasks systematic instruction with tasks broken into small steps. In addition, the broken into small steps. In addition, the student needs deliberate instruction to student needs deliberate instruction to apply learned skills across multiple apply learned skills across multiple settings (e.g., school, home, work, and settings (e.g., school, home, work, and other settings);other settings);

……andand

Characteristics of Students in NH-Characteristics of Students in NH-

Alt,Alt, cont’d…cont’d…

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Ample Supports: Ample Supports: The student requires individualized The student requires individualized

instructional, technological, or interpersonal instructional, technological, or interpersonal supports to make progress in learning. The supports to make progress in learning. The student student requires accommodations requires accommodations to to demonstrate proficiency of even the demonstrate proficiency of even the modifiedmodified (linked to (linked to butbut below grade levelbelow grade level) performance ) performance expectation levels described above, such as expectation levels described above, such as modeling and repeated demonstration, modeling and repeated demonstration, physical hand-over-hand guidance, specially physical hand-over-hand guidance, specially designed prompting procedures, and designed prompting procedures, and alternate or augmented communication alternate or augmented communication systems.systems.

Characteristics of Students in NH-Characteristics of Students in NH-

Alt,Alt, cont’d…cont’d…

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Examples of Students who Examples of Students who are NOT appropriately served by are NOT appropriately served by

NH-Alt:NH-Alt: Any student who ‘needs ample supports’ but has Any student who ‘needs ample supports’ but has

no clear evidence of severe cognitive disabilityno clear evidence of severe cognitive disability

Most students working 1 or 2 years below grade-Most students working 1 or 2 years below grade-level - especially true for older studentslevel - especially true for older students

Any student with ‘limited communication’ who has Any student with ‘limited communication’ who has no communication system in place or under active no communication system in place or under active developmentdevelopment

Any student with ‘very low levels of academic Any student with ‘very low levels of academic achievement’ who has not had full opportunity to achievement’ who has not had full opportunity to benefit from empirically sound instructional benefit from empirically sound instructional interventionintervention

……andand

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Students NOT appropriately served Students NOT appropriately served by NH-Altby NH-Alt

… … cont’d.cont’d. Any student who has, as documented in Any student who has, as documented in

IEP team meeting notes, had a cognitive IEP team meeting notes, had a cognitive disability “ruled out” in order to disability “ruled out” in order to expressly identify the student as a child expressly identify the student as a child with a learning disability and not mental with a learning disability and not mental retardationretardation

Note:Note: Although under federal rule, there is no specific Although under federal rule, there is no specific special education eligibility category required, special education eligibility category required, if a team qualifies a student for services by if a team qualifies a student for services by ruling out exactly that cognitive disability, then ruling out exactly that cognitive disability, then they cannot also make a case for including this they cannot also make a case for including this student in an assessment for students with the student in an assessment for students with the most severe cognitive disabilities.most severe cognitive disabilities.

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Common Question: Common Question:

Under NCLB rulesUnder NCLB rules, , if 1% of if 1% of my district test population is my district test population is

100 students, 100 students, but 120 students participate but 120 students participate

in alternate assessment, in alternate assessment, was the cap exceeded?was the cap exceeded?

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Common Question, Common Question, cont’dcont’d: :

Answer:Answer: … …It depends on It depends on how many score how many score

proficient or aboveproficient or above in this below in this below grade-level assessment. grade-level assessment.

Here’s how it works…Here’s how it works…

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Common Question,Common Question, cont’d. cont’d.

IfIf only 60% of these 120 participating only 60% of these 120 participating students achieve test scores at the students achieve test scores at the proficient level or above (.60 x 120 = proficient level or above (.60 x 120 = 72), then you will have only 72 72), then you will have only 72 students in alternate assessment students in alternate assessment with with scores of proficient or betterscores of proficient or better and you and you will, therefore, remain under the 1% will, therefore, remain under the 1% cap of 100 on proficient alternate cap of 100 on proficient alternate assessment scores for your district.assessment scores for your district.

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Common Question,Common Question, cont’d. cont’d.

However, if your cap is 100 but 90% However, if your cap is 100 but 90% of your 120 alternately assessed students of your 120 alternately assessed students (.90 x 120 = 108) score proficient or (.90 x 120 = 108) score proficient or above, then you will exceed your 1% cap above, then you will exceed your 1% cap for for proficient or better scoresproficient or better scores based based on alternate assessment by 8 student on alternate assessment by 8 student scores. scores.

The cap is on the number of students The cap is on the number of students participating participating who earn proficient or who earn proficient or better scoresbetter scores on alternate assessment. on alternate assessment.

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Let’s Discuss This…Let’s Discuss This…

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Transitions between Transitions between NECAP and NH-AltNECAP and NH-Alt

Remember 2 things:

1.We must assess student progress made during each ‘teaching’

year.

And…

2. NH-Alternate Assessment is completed during the teaching

year prior to the fall NECAP.

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Transitioning Transitioning fromfrom NECAP NECAP toto NH-Alt NH-Alt

Example:

• A student takes the NECAP in fall 2007 (assessing progress made in teaching year 06-07).

• The student still needs to be assessed on progress made during teaching year 07-08.

• Therefore, the student must also begin a NH-Alt Portfolio in fall 2007 (to be submitted in May 08) to show progress made during teaching year 07-08.

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Transitioning Transitioning fromfrom NH-Alt NH-Alt toto NECAP NECAP

Example:

• A NH-Alt student submits a portfolio in May 2007 (assessing progress made in teaching year 06-07).

• The fall 2007 NECAP assesses progress made during that same teaching year (06-07). Because this student already has an score in NH-Alt for that teaching year, they do NOT have to take the fall 2007 NECAP.

• The student must take the fall 2008 NECAP to assess progress made during teaching year 07-08.

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QuestionsQuestions& &

DiscussionDiscussion

What does this all mean for me?

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For more information -For more information -

Please Visit the NH Alternate Please Visit the NH Alternate Assessment Web Page at:Assessment Web Page at:

www.ed.state.nh.us/www.ed.state.nh.us/assessment assessment

Once there, choose: Once there, choose:

NH Alternate AssessmentNH Alternate Assessment

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