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ERIC Number: ED504210
Record Type: Non-Journal
Publication Date: 2009-Jan
Pages: 105
Abstractor: ERIC
Reference Count: 38
State and Local Implementation of the "No Child Left Behind Act". Volume V--Implementation of the 1 Percent Rule and 2 Percent Interim Policy Options
Elledge, Amy; Le Floch, Kerstin Carlson; Taylor, James; Anderson, Lindsay
US Department of Education
The No Child Left Behind Act (NCLB) requires that all students be assessed academically in mathematics and reading, and for purposes of adequate yearly progress (AYP), participation rates in statewide assessments must be 95 percent for all students. Federal law requires states to have at least one alternate assessment to evaluate the performance of disabilities that are unable to participate in general state assessments even with accommodations. Flexibility for these alternate assessments are provided via a "1 percent rule" that is applied to students with most significant cognitive disabilities and permits up to 1 percent of students in a state or district who score proficient or above on an alternate assessment to be counted as proficient for purposes of AYP calculations. An additional 2 percent of all students may be counted as proficient for purposes of AYP calculations as long as they achieved a proficient or above score on an alternate assessment based on modified achievement standards that are aligned with grade-level content standards under "2 percent interim policy options." This report presents findings from the Study of State Implementation of Accountability and Teacher Quality under No Child Left Behind (SSI-NCLB). Key findings include: (1) By 2005-06, all states had alternate assessment systems in place, but federal peer review teams found that 38 states had problems associated with their alternate assessments; (2) A majority of states report test participations rates for students with disabilities that exceeded the 95 percent requirement in 2005-05; (3) Most states with accurate data in 2004-05 and 2005-06 reported that the percentage of students with disabilities who participated in the alternate assessment was less that 10 percent of all students with disabilities who were assessed; (4) Twenty-two states granted exceptions to districts to exceed the 1 percent cap on the inclusions of proficient and above scores from alternate assessments; (5) Twenty-one states used the 2 percent proxy option for AYP calculations in 2005-06, down from 25 states in 2004-05; and (6) From 2003-04 to 2004-05, across the 28 states for which there were adequate data, more than half reduced the number and proportion of schools that missed AYP for the achievement of students with disabilities. (Contains 31 footnotes and 30 exhibits.)
US Department of Education. Available from: ED Pubs. P.O. Box 1398, Jessup, MD 20794-1398. Tel: 877-433-7827; Fax: 301-470-1244; Web site:
Publication Type: Reports - Descriptive
Education Level: Elementary Secondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: Office of Planning, Evaluation and Policy Development (ED), Policy and Program Studies Service
Identifiers - Laws, Policies, & Programs: No Child Left Behind Act 2001
IES Cited: ED544216