Laws & Guidance SPECIAL EDUCATION & REHABILITATIVE SERVICES
OSEP Policy Documents Regarding the Education of Infants, Toddlers, Children and Youth with Disabilities

PARTICIPATION OF CHILDREN WITH DISABILITIES IN STATE AND DISTRICT-WIDE ASSESSMENTS

Disclaimer: Letters issued prior to December 3, 2004, may not be consistent with the IDEA, as revised by P.L. 108-446. Letters issued prior to August 14, 2006 may not be consistent with the final regulations for Part B published on that date at 71 Federal Register 46540. Readers are advised to consult with the current statute and final regulations.

Section 607 Reports as published in the Federal Register.

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Letter to Ms. Denise Koscielniak
June 22, 2005
Topic: Participation of Children With Disabilities in State and District-Wide Assessments
Letter clarifying that IDEA requirements governing the participation of children with disabilities in State and districtwide assessments are applicable to New Mexico's kindergarten screening program.
download files MS Word (36K) | PDF (136K)

Letter to Dr. Richard Cohen
July 14, 2003
Topic: Participation of Children With Disabilities in State and District-Wide Assessments
Letter regarding the requirements for the disaggregation and reporting of assessment and performance indicator data to the public and the Secretary under the IDEA and Title I of the Elementary and Secondary Education Act of 1965, as amended.
download files MS Word (36K) | PDF (151K)

Redacted letter
June 26, 2003
Topic: Participation of Children With Disabilities in State and District-Wide Assessments
Letter regarding (a) participation by students placed in private schools or facilities in State and district-wide assessments and in alternate assessments; (b) the appropriate configuration and authority of the IEP team; (c) the provision of direct services by the SEA and remedies available under State complaint procedures; (d) the filing of a State complaint in an alternative format and the completeness of a complaint investigation; and (e) procedural safeguards for parents with disabilities.
download files MS Word (54K) | PDF (643K)

Letter to Mr. Lawrence C. Gloeckler
April 10, 2003
Topic: Participation of Children With Disabilities in State and District-Wide Assessments
Letter regarding a State's ability to (1) determine what accommodations in administration invalidate a test or a part thereof and (2) provide appropriate direction to school districts and IEP teams on issues including the design and constructs measured by various required tests, which accommodations and modifications in administration are valid, and which accommodations and modifications would invalidate the assessment or part of the assessment.
download files MS Word (27K) | PDF (165K)

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Last Modified: 05/04/2007