Parent Opt-Out Legislation for Severely Cognitively Impaired Students Passed by Senate, House Bill 229**Updated** #netde #edude

This bill would allow for students with either autism, multiple disabilities or a moderate or severe intellectual disability to potentially be opted out of state standardized assessments.  But the caveat here is only the parent can request it.  In lieu of the standardized test, a parent would request a “portfolio review” to show student progress.  No member of a school or IEP team can request this.  Another key part is the child must have an IQ of 50 or less.

Another important part attached to this bill deals with children with dyslexia or an inability to read by the age of 7.  The way it is worded is a little bit confusing.  It looks to me like if a child isn’t reading by age 7 they should have an IEP.  As well, it pretty much says those children would have automatic Extended School Year services in their IEP unless there is  a major reason for not having those services is written into the IEP.

This does not take away the emergency opt-out clause, for students who have a major, sudden illness right before the test.

I don’t think they wanted to pass this bill until HB 334, which allows for Smarter Balanced Assessments to take over DCAS, was passed.  This passed 20 minutes after HB 334 passed.  How children will do on the Smarter Balanced Assessments is very much up in the air.  Other students with disabilities may see something familiar in a year if they don’t do well on that test.

UPDATED, July 1st, 2014, 3:55pm

After careful review of this bill, does it really say what it is meant to say?  The key is in the amendments and the exact wording.  The parent can request the portfolio assessment, but it has to be agreed on by the IEP Team, the school superintendent OR charter school leader will make the decisions regarding the style of the portfolio.  And if a school requests too many? Then the DOE steps in who will already be deciding the nature of the portfolio assessments.  So what does this bill do for these students that they don’t already have?  It looks like they will be counted for the participation rate for schools whether they take this or the SBA.

SPONSOR: Sen. Poore & Sen. Hall-Long & Rep. Longhurst & Rep. Q. Johnson & Rep. Ramone & Rep. M. Smith
Sens. Blevins, Bonini, Bushweller, Ennis, Henry, Marshall, McBride, McDowell, Peterson, Pettyjohn, Sokola, Townsend, Venables; Reps. K. Williams, Jaques

DELAWARE STATE SENATE, 147th GENERAL ASSEMBLY

SENATE BILL 229

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE EDUCATION OF STUDENTS WITH DISABILITIES

WHEREAS, under current Delaware law as interpreted by the Department of Education, all students are required to take a standardized assessment at regular intervals regardless of the nature of their cognitive disability, unless the student is suffering from extreme illness or injuries or has recently experienced severe trauma; and

WHEREAS, this requirement of state law often compels students who in the opinion of medical experts are literally unable to produce valid results on these tests to nevertheless sit for the tests; and

WHEREAS, some Delaware students with severe cognitive disabilities are currently required to take statewide standardized assessments over the objections of their own parents and teachers; and

WHEREAS, mandating that students with severe cognitive disabilities who are clinically incapable of producing valid results on standardized assessments can be harmful to those students; and

WHEREAS, teachers who now attempt to prepare such students for standardized assessments would prefer to use their classroom time to convey skills or information that their students could put to use in a vocational setting; and

WHEREAS, a limited number of young students in Delaware have dyslexia and other disabilities that severely limit or prevent them from decoding text; and

WHEREAS, the state should ensure that school districts and charter schools are being appropriately diligent about providing early, evidence-based interventions to these students so that they can learn to read;

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.  Amend Chapter 1, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

§ 151 State assessment system; rules and regulations.

(j) Notwithstanding any other language in this Title, a student who has a measured intelligence quotient of 50 or less, has been formally classified as having one of the three following conditions, and whose parents or guardians, and IEP team, and school district superintendent or charter school leader believe will not produce valid results on either the standard or alternate assessment, shall be granted a special exemption from taking either assessment. The definition of each of the following three conditions shall be the same that is in effect on the date of passage of this Act in Title 14, Section 922 of the Delaware Administrative Code.

(i) Autism;

(ii) Multiple disabilities;

(iii) An intellectual disability.

The Department of Education shall promulgate regulations establishing a procedure for the review and approval of special exemptions requested under this subsection (including acceptable means of measuring intelligence quotient) and for further reviews of individual schools and/or school districts that request an unusual number of special exemptions.   The Department of Education shall also promulgate regulations providing for a method of measuring academic progress by students receiving a special exemption from the state’s assessment, which shall provide objective criteria by which student progress can be planned and measured and shall be developed in consultation with the Governor’s Advisory Council on Exceptional Citizens. Students who are granted a special exemption under this subsection shall not be included in the participation rate calculation for schools and school districts.

Section 2.Amend Section Chapter 31, Title 14 by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3110 Rules and regulations.

(e) With respect to any child with a disability who is not beginning to read by age seven, each IEP prepared for such student until that student is beginning to read shall (a) enumerate the specific, evidence-based interventions that are being provided to that student to address the student’s inability to read, and (b) provide for evidence-based interventions through extended year services during the summer absent a specific explanation in the IEP as to why such services are inappropriate.

Section 3.It is the intention of the General Assembly that $500,000 of the funds appropriated by Section 189 of House Bill 200 of this General Assembly shall, if such funds are reappropriated by a subsequent General Assembly, be specifically designated beginning July 1, 2015 for the annual provision of regional evidence-based summer reading instruction for students who are not beginning to read by age seven.

Section 4.The provisions of this Act are severable, and a finding that any individual provisions or sections are unenforceable shall not prevent enforcement of all other provisions.

SYNOPSIS

Section 1 of the Act would permit the state’s students with severe cognitive disabilities, with the consent of their parents, IEP teams, and school districts, to receive special exemptions from taking either of the state’s standardized assessments. The academic progress of those students would still be measured in order to ensure that they are being challenged and provided meaningful instruction.   Sections 2 and 3 of the Act attempt to ensure that evidence-based interventions are provided for young students who have dyslexia and related disabilities, to ensure that they are receiving necessary assistance in learning to read.

Author: Senator Poore

With Senate Amendment #2

AMEND Senate Bill No. 229 by deleting lines 20 through 36 in their entirety and substituting in lieu thereof the following:

“(j) Notwithstanding any other language in this Title, a student who has been formally classified as having one of the following four conditions, and whose parent, IEP team, and school district superintendent or charter school leader believe will not produce valid results on either the standard or alternate assessment despite accommodations and adjustments, shall receive his or her alternate assessment through consideration of work samples, projects and portfolios, which facilitate authentic and direct gauges of student performance with respect to both relevant state standards and the student’s IEP (a “portfolio assessment”). The definition of each of the following four conditions shall be the same that in effect on the date of passage of this Act in Title 14, Sections 922 and 925 of the Delaware Administrative Code:

(i) Moderate Intellectual Disability

(ii) Severe Intellectual Disability

(iii) Autism, accompanied by intellectual functioning equivalent to Moderate or Severe Intellectual Disability

(iv) Multiple Disabilities, accompanied by intellectual functioning equivalent to Moderate or Severe Intellectual Disability.

The parents of a student classified as having one of these four conditions shall be informed of their child’s rights under this section, but no IEP team, school or school district shall advocate that parents exercise those rights. Only a student’s parents may initiate a portfolio assessment request under this Section, and when such a request is made, the student’s IEP team and school district superintendent or charter school leader shall make their determinations regarding the portfolio assessment within 60 days of said request. The Department of Education shall promulgate regulations establishing a procedure for the design and evaluation of portfolio assessments requested under this subsection and for further reviews of individual schools and/or school districts that request an unusual number of portfolio assessments. The Department of Education shall also promulgate regulations providing for a method of measuring academic progress by students receiving a portfolio assessment under this section, which (i) shall provide objective criteria by which student progress can be planned and measured, (ii) shall be developed in consultation with the Governor’s Advisory Council on Exceptional Citizens, and (iii) shall satisfy the requirements of 20 U.S.C. § 1412, 20 U.S.C. § 6311, and any other applicable federal laws or regulations. Students who are granted a portfolio assessment under this subsection shall not be included in the participation rate calculation for schools and school districts.”

FURTHER AMEND Senate Bill No. 229 by adding the following to end of line 36: “Nothing in this subsection shall be construed to limit the authority of the Department to approve exemptions from assessments for students not covered by this subsection.”

FURTHER AMEND Senate Bill 229 by adding a new Section 5, to read as follows:

“Section 5. All regulations required by this Act shall be promulgated by the Department of Education within 90 days of enactment into law, and shall be subject to the approval of the State Board of Education and any entities required by federal law.   The process authorized by Section 1 of this Section shall not begin until it is approved pursuant to this Section, and the Secretary of Education shall report to the General Assembly every 90 days beginning 90 days after enactment of this Act into law with respect to the Department’s progress in fulfilling its obligations under this Act.”

SYNOPSIS

This amendment makes six changes to Senate Bill 229.   First, it amends the terminology in Section 1 of the bill to adopt existing definitions and standards from existing Department of Education regulations rather than creating new definitions and standards. Second, it clarifies that students covered by this Act will still have their academic progress assessed, but by a means other than the existing DCAS alternate assessment.   Third, it limits to parents the right to initiate requests under this section, and establishes deadlines for schools and school districts to respond to such requests. Fourth, it clarifies that any regulations promulgated by the Department of Education must be consistent with existing federal law governing assessments. Fifth, it establishes deadlines for the Department of Education to promulgate regulations relating to this Act and clarifies that those regulations are subject to approval by the State Board of Education and federal agencies. Finally, it clarifies that the Department of Education’s existing authority to grant special exemptions for circumstances such as sudden, severe illness are not impacted by this legislation.

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