Chapter I: ACCESS AND ACCOUNTABILITY

 

LEGAL REQUIREMENTS


        The right of students with disabilities to appropriate test access and accommodations is guaranteed by the following federal laws and regulations:

         These federal laws and regulations apply to all school districts, Boards of Cooperative Educational Services (BOCES), State-operated schools, State-supported schools, approved private schools, charter schools, colleges/universities, agencies, corporations, and others either because they receive federal financial assistance (pursuant to Section 504) or are public or private entities (pursuant to ADA). These laws require that qualified individuals with disabilities be provided the opportunity to participate in all programs and services, curricular and extracurricular, which are available to nondisabled individuals, including test programs and examinations. Reasonable accommodations including testing accommodations must be provided to afford students the opportunity to benefit from such participation. Pursuant to Section 504, the aids, benefits and services must afford individuals with disabilities an equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement.

        The Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004) supports and is aligned with our current State and local efforts to improve education results for students with disabilities. As required under IDEA, all students with disabilities must be included in all general State and districtwide assessment programs, including assessments required under the NCLB, with appropriate accommodations and alternate assessments where necessary and as indicated in their respective individualized education programs (IEP). IDEA 2004 also requires the State to develop guidelines for the provision of appropriate testing accommodations and, to the extent feasible, use universal design principles in developing and administering State assessments.

        As part of the student’s IEP, the Committee on Special Education (CSE) must include a statement of any accommodations that are necessary to measure the academic achievement and functional performance of the student on statewide and districtwide assessments. If the CSE determines that the student is not able to participate in certain State (or districtwide) assessments, the IEP must indicate why the State (or districtwide) assessment(s) is not appropriate for the student and why the alternate assessment selected is appropriate. The IEP must also indicate participation in districtwide assessments and indicate, if the student will participate in alternate assessments, why the districtwide alternate assessment is appropriate for the student.

        The rights and responsibilities relating to test access and accommodations at the elementary and secondary school levels are also addressed in Part 100 and 200 of the Regulations of the Commissioner of Education. These regulations include the following:

Students with disabilities must have access to and participate in general education curriculum and in courses that will prepare them to take and pass the required examinations. As determined by the CSE and indicated in the student’s IEP, students with disabilities must be provided the necessary services and supports, supplementary aids and services, and accommodations to participate and make progress in the general education curriculum. This opportunity must be available to students regardless of their placement (public school district, BOCES, approved private school, State-operated and State-supported school or Special Act School District).

 

THE PURPOSE OF TESTING ACCOMMODATIONS

 

        The purpose of testing accommodations is to enable students with disabilities to participate in assessment programs on an equal basis with their nondisabled peers. Testing accommodations provide an opportunity for students with disabilities to demonstrate mastery of skills and attainment of knowledge without being limited or unfairly restricted due to the effects of a disability. Testing accommodations promote the access of students with disabilities to assessment programs as well as to more challenging courses and programs. Testing accommodations should not be excessive and should alter the standard administration of the test to the least extent possible.

        Testing accommodations are neither intended nor permitted to:

TESTING ACCOMMODATIONS VERSUS TESTING MODIFICATIONS

       
A distinction that has gained widespread national acceptance in recent years is one that illustrates the differences between the terms “testing accommodations” and “testing modifications.” IDEA 2004 removed references to “modifications in administration” and now uses the term “testing accommodations” and requires that the State develop guidelines for the provision of appropriate accommodations.
 

        Testing accommodations are changes made in the administration of the test in order to remove obstacles to the test-taking process that are presented by the disability without changing the constructs being tested. The testing accommodations most frequently required by students as indicated in their IEPs are:

·       flexibility in scheduling/timing;

·       flexibility in the setting used for the administration of assessments;

·       changes in the method of presentation; and

·       changes in the method of response.

        Testing modifications are changes made to the testing process or to the content of the assessment itself, or provision of certain adaptive technologies or services, that affect the constructs being tested. Examples of testing modifications that affect the construct of the test:

·       simplification or explanation of test questions;

·       reading of items designed to test the student's reading skills;

·       use of spell and/or grammar-checking devices on a test of the student's writing skills; and

·       use of a calculator on a test of the student's computational skills.

 

        The chief consequence of testing modifications is that, while students with disabilities may have increased access to the examination, the modification changes what is being tested and the student’s score may be invalid.

        It is critical that CSEs consider the distinction between accommodations and modifications when determining appropriate testing accommodations for an individual student with a disability. When making decisions regarding appropriate testing accommodations for an individual student with a disability, it is important for the CSE to be familiar with the purpose and construct of the tests administered because certain accommodations may become modifications, depending on the purpose of the test. It is appropriate to indicate in the IEP the conditions of the test which would require a testing accommodation. Examples of this include:

·      Tests read except for those tests or sections of tests measuring reading comprehension.

·      Use of calculator except for those tests or sections of tests measuring strict calculation skills of addition, subtraction, multiplication and division.

        Indicating the conditions of the test allows students with poor reading skills to show their skills and knowledge on tests measuring content areas such as social studies and science and allows students whose disability affects their ability to calculate to show his/her ability in problem solving and math reasoning without being hindered by their inability to calculate. At the same time, an accurate measurement of the skills the test is intended to measure is obtained.

        Taking into account the distinction between testing accommodations and testing modifications and in order to ensure valid and reliable test results for all students, the Department has developed policies regarding allowable testing accommodations for students with disabilities on elementary and intermediate-level State tests in English language arts (ELA) and mathematics. Analysis of the constructs underlying the existing elementary and intermediate-level State tests indicates that use of certain testing modifications on certain sections of these tests change the construct of the test and yield inaccurate scores. As a result, the student may be denied appropriate and needed supports. Additionally, testing accommodations that change constructs yield scores that do not provide teachers with valid information upon which to guide instruction.


Chapter II: PURPOSE OF STATE ASSESSMENTS

 

Mission of the New York State Testing Program

 

        The New York State Testing Program is designed to evaluate the implementation of the State’s Learning Standards at the student, school, district and State levels. To meet the requirements of NCLB, tests are to be administered annually at each grade level in Grades 3 through 8 beginning in the 2005–06 school year. The requirement under NCLB to administer standardized statewide tests of demonstrated technical quality at the high school level will be met by continuing the administration of Regents examinations. All of the State tests will serve as important measures of student progress. The Grades 3 through 8 tests will provide information about students’ preparedness for study at the next level, while Regents examinations will verify that students are equipped with the knowledge and skills necessary for high school graduation. 

        The Grades 3 through 8 tests in ELA and Mathematics will help schools to identify students for whom they need to provide additional academic assistance in these subject areas. However, the Department advises schools that decisions such as promotion or retention should be based on multiple measures of the student’s achievement and not solely on scores from the New York State Testing Program. This is essential to ensure that important decisions are not made on the basis of a student’s performance on a single indicator, but rather on the student’s overall achievement. 

        State assessments are also designed to help schools measure the effectiveness of their instructional programs and to measure yearly student progress. The assessments are based on the explicit State Learning Standards and the core curricula; the content of the tests should mirror the instruction being provided in the classrooms. Students should not need extensive preparation to do well on the State assessments as long as the curricula used by the school are aligned with the State’s Learning Standards and the teachers are effectively instructing students in accordance with these curricula.

        Information about the content and administration of State assessments can be found on the State Education Department’s website at http://www.emsc.nysed.gov/osa/. For information on the Grades 3-8 Testing Program see the document, Introduction to the Grades 3-8 Testing Program in English Language Arts and Mathematics at http://www.emsc.nysed.gov/3-8/intro.pdf. For information on the administration of Regents examinations and the Regents Competency Tests (RCT) see the School Administrator’s Manual at

http://www.emsc.nysed.gov/osa/hsinfogen/hsinfogenarch/sam2001.pdf
 



Chapter III: THE DECISION-MAKING PROCESS

 

STUDENT ELIGIBILITY FOR TESTING ACCOMMODATIONS

The following students may be eligible to receive testing accommodations:

DECISION-MAKERS

The teams or individuals authorized to make the decisions regarding testing accommodations for a student with a disability are: 

·       Committee on Special Education or Committee on Preschool Special Education

     For students, who have been classified as a student with a disability under one of the disabilities listed in section 200.1 (zz) or a preschool student with a disability as defined in section 200.1(mm) of the Regulations of the Commissioner of Education, the CSE/CPSE is responsible for identifying and documenting the appropriate testing accommodations for individual students. This must be documented in the student’s IEP. These determinations are made when the student is initially determined eligible for special education services and must be reviewed, and if appropriate, revised at the student’s annual reviews and reevaluations and when the student is declassified.

     For students who have been declassified by the CSE/CPSE, the CSE/CPSE may determine that the student continues to need the testing accommodations previously documented in the IEP. If such a determination is made by the CSE/CPSE and documented in the IEP that recommends declassification, the testing accommodations must continue to be consistently provided to the student for the remainder of his or her public high school education unless: 

§     it is revised or eliminated by a building level team; or

§     the student achieves a regular high school diploma; or

§     the student ages out at 21 years old.

·       Section 504 Multidisciplinary Team

      For students identified as having a disability under Section 504 of the Rehabilitation Act, the 504 MDT determines the appropriate testing accommodations for individual students. Documentation of testing accommodations must be included on the student’s Section 504 Accommodation plan (504 Plan).

·     School Principal

     For general education students who have incurred a short-term disability (e.g., broken arm) or long-term disability (e.g., paraplegia) within 30 days before the administration of State assessments, and sufficient time is not available for the development of an IEP/504 Plan, the building principal may authorize the following testing accommodations, which will not significantly change the student skills being tested:

§       Time limit may be extended.

§       Tests may be administered in a special location.

§      Answers may be recorded in any manner. (When answering questions designed to measure writing ability in English or a second language, students must provide all punctuation, paragraphing and spelling of more difficult words.)

§       Tests may be read to students. This accommodation is allowed only for those students whose vision is impaired. Only those tests or parts of tests that do not measure reading comprehension may be read to these students.

Eligibility for such accommodations is based on the principal’s professional judgment. The principal may confer with CSE/CPSE/504 MDT members or other school personnel in making such a determination. However, students who have not recently incurred a disability but are still in the process of being evaluated to determine their status as a student with a disability are not eligible for test accommodations authorized in this way.

Prior permission need not be obtained from the State Education Department to authorize these testing accommodations for general education students. However, a full report concerning each such authorization must be sent to the Office of State Assessment via fax to 518-402-5596. The report must be on school letterhead, signed by the principal, and include the name of the student(s), tests taken with accommodations, nature of disabilities and types of accommodations provided with the principal’s authorization.

If the student is expected to continue to need testing accommodations, the principal should immediately make the appropriate referral for the development of an IEP or 504 Plan as appropriate.

 

ROLES AND RESPONSIBILITIES OF INDIVIDUALS INVOLVED IN DECISION-MAKING

 

        In order to prepare students to participate fully in State assessments and to meet diploma requirements, the student’s participation and progress in the general education curriculum and assessments must be a primary focus of ongoing CSE/CPSE/504 MDT discussions with school personnel, students and parents. It is important that parents are knowledgeable about graduation requirements, the purpose of examinations, testing accommodations available and how examination results will be used to guide instruction and/or to determine other supports. Discussions should include the need for ongoing evaluation of a student’s progress to assure that the student’s program and services will prepare him/her for graduation.

 

        As CSEs/CPSEs/504 MDTs make decisions regarding participation of students with disabilities in the assessment program, collaboration among all key players is of critical importance. This includes decision-making on how the student will participate in the assessment program, what testing accommodations are needed, and how these testing accommodations are documented and provided.

 

        Pursuant to section 200.2(b)(11) of the Regulations of the Commissioner of Education, the school district must ensure that each general education teacher, special education teacher, related service provider and/or other service provider responsible for the implementation of a student’s IEP is provided a copy of the IEP. Each teacher and provider must be informed of his/her responsibilities related to implementing the recommendations in the student’s IEP including the responsibility to provide specific accommodations including testing accommodations, program modifications, supports and/or services that must be provided in accordance with the IEP.

       

        The role of key players and suggestions for carrying out their respective responsibilities are described below.

 

Parents

        As members of the CSE/CPSE/504 MDT, parents participate in the development, review and revision of their child’s IEP/504 Plan. Parents are familiar with the strengths and needs of their child and can bring valuable information to discussions about the need for testing accommodations. Parents have information about the compensatory strategies their child uses to complete homework assignments and other tasks around the home. To enable parents to meaningfully participate in discussions it is important that they have information about the following:

·       the purpose of tests administered, what they measure and how the results are used;

·       the need and rationale for testing accommodations, where appropriate; and

·       the types of testing accommodations and how they are administered.


Student

        In many cases, the student should be invited to participate in CSE/CPSE/504 Plan meetings. Students themselves can provide valuable information on testing accommodations needed. They can provide information on their strengths and the accommodations they use for instruction and homework and be involved in decisions regarding the appropriateness of these accommodations during tests. At times, students may be reluctant to use certain testing accommodations because they do not want to appear different from their peers. Including students in decision-making will help them to understand the need and reason for the accommodation and will more likely result in their willingness to use the accommodation consistently.


General Education Teacher

        As a member of the CSE/CPSE/504 MDT, the general education teacher has an active and significant role in the determination and use of testing accommodations for students with disabilities. General education teachers are most familiar with curriculum content and the purpose of State and districtwide assessments. Ensuring that students with disabilities have full access to the programs and services that are available to their nondisabled peers often require that general education teachers, in collaboration with special education teachers, provide appropriate instructional and testing accommodations. The results of assessments assist teachers with information on what areas to focus instruction to enable the individual student in achieving the learning standards. The testing accommodations listed in the student’s IEP/504 Plan must be consistently provided in the classroom. To accomplish this, teachers must be familiar with the different types of accommodations and how to implement them. General education teachers can also advise students on the test-taking skills all students need.

 

Special Education Teacher
       
       
The special education teacher plays an important role in providing information on how to match the special needs of the student with a disability to appropriate testing accommodations that will ensure that the student is able to demonstrate his/her knowledge and skills without being limited or unfairly restricted by his/her disability. In collaboration with general education teachers and related service providers, special education teachers assist in recommending and implementing appropriate instructional accommodations used in the classroom. These will serve as a link to the types of testing accommodations a student may need for classroom, State and districtwide tests. Special educators may directly provide the testing accommodations or may assist school staff in the implementation of testing accommodations that are included in a student’s IEP/504 Plan.


Boards of Education and School Superintendents
 

        Boards of education and school superintendents have important leadership roles in establishing policy and promoting the expectation that students with disabilities are capable learners and will be full participants in all aspects of the school program, including districtwide and State assessment programs. All students with disabilities must have access to high-quality programs and courses to enable them to achieve the State’s learning standards established for all students. School superintendents should arrange for members of the board of education to receive information regarding different types of testing accommodations. School district policies can emphasize that the use of these accommodations is consistent with the school district’s responsibility to maintain educational standards and enhance the school’s ability to allow all students equal access to the full range of instructional and testing opportunities.

 

        Procedures for determining and implementing testing accommodations should be consistent for all schools within the school district and should be fully understood by the CSE/CPSE/504 MDT, building administrators, teachers, related services personnel, other school staff including teaching assistants and teacher aides and parents. Including this topic in school districtwide training programs will ensure that all teachers, aides and assistants are trained in the appropriate implementation of test accommodations. Because principals are responsible for ensuring implementation of testing accommodations included in a student’s IEP/504 Plan, district policy should identify the procedure by which principals will receive such information. This might be done by including the principal in the regular distribution of the IEP/504 Plan which includes testing accommodations. Procedures should also indicate the manner in which the school district will report the use of testing accommodations to the State Education Department. Test results for students with disabilities should be reported to the board of education in the same manner and according to the same schedule that such information is reported for nondisabled students.

 

School Principal

        The principal promotes the expectation at the school building level that students with disabilities are capable learners who will participate and succeed in all local and State testing programs. The principal in each school is responsible for:

·       implementing the school district’s policies that provide equal access to instructional and assessment programs for all students;

·      ensuring that testing accommodations are fully, consistently and appropriately implemented during the administration of local and State assessments and classroom quizzes and tests, as specified in each student’s IEP/504 Plan; and

·    exercising professional discretion, on an emergency basis, in allowing certain testing accommodations for a student who incurs a disability shortly before the administration of a State examination, without sufficient time for the development of an IEP/504 Plan.

        Building principals should also be familiar with the policies and procedures included in the School Administrators Manuals distributed by the Office of State Assessment for the following testing programs:

·       Elementary and Intermediate-Level Tests, and

·       Regents Examinations, Regents Competency Tests and Proficiency Examinations.

 

        These publications address general requirements for the administration of the various State assessments, as well as special considerations for students with disabilities and students who have limited English proficiency. These manuals are revised periodically and are available on the Department’s website at http://www.emsc.nysed.gov/ciai/assess.html.

 

CONSIDERATIONS IN MAKING DECISIONS


        When developing the student’s IEP/504 Plan, the responsibility of the CSE/CPSE/504 MDT is to recommend testing accommodations that will:

·       provide students with disabilities access to the assessment program;

·      enable students to demonstrate their strengths, knowledge and skills without being restricted by their disability; and

·    provide an accurate measure of the standards being assessed so that appropriate instruction and services can be provided.

 

        In making appropriate decisions, the CSE/CPSE/504 MDT should consider the following:

·       the student’s individual strengths and needs;

·       the instructional accommodations provided to the student;

·       the types of testing accommodations; and

·       the type and purpose of the tests.

        When making recommendations, the notion that “more is better” is not necessarily appropriate. Decision must be made individually based on the student’s needs and ability to benefit from the accommodation and be as independent as possible.
 

Questions to Consider To Guide Decision-Making:
 

        The following general questions and variables to consider may be used as a first step in determining appropriate testing accommodations for individual students.

 

Given the student’s unique needs:

 

ü     Is the student able to participate in the standard administration of the assessment?

ü     In order to participate, does the student need an accommodation in any of the following aspects of test administration?

q      Scheduling/Timing

q      Location/Setting

q      Presentation (i.e., format)

q      Response

ü     To what extent does the student’s disability impede his/her demonstration of the knowledge and/or understanding required by the test?

ü     What instructional accommodations, if any, are provided to the student in the classroom?

ü     What accommodation(s) focus on removing the obstacles to equal participation that are a result of the student’s disability?

ü     What accommodation(s) will facilitate participation that enables the student to be as independent as possible?

 

Information That May Be Considered When Making Decisions:

 

q      Know the Student

 

        Decisions must be made by individuals who know the student’s individual strengths and needs. In making its decisions, the CSE/CPSE/504 MDT should review all available information including:

 

·       recent evaluations,

·       classroom observation reports,

·       school records, and

·       results of State and districtwide assessments.

 

        Information from general and special education teachers, parents and the student, as appropriate, should be obtained to assist the CSE/CPSE/504 MDT in making appropriate decisions based on the student’s individual needs.

 

Decisions may not be based categorically upon a student’s classification or placement. Example: “All students with learning disabilities receive extended time.”

 

q      Know the Instructional Accommodations Provided to the Student

 

        Of particular importance is knowledge about the types of instructional accommodations the student uses in the classroom in order to learn. Whenever possible, there should be a direct link between the instructional accommodations used in the classroom and the testing accommodations provided during assessment. For example, if a student needs learning materials in large type, they will need a testing accommodation that provides testing materials in large type. Teachers, parents and students can provide important information about instructional accommodations that the student needs to access and participate in the general education curriculum. Instructional accommodations must also be discussed at the CSE/CPSE/504 MDT meeting and indicated in the IEP/504 Plan. Instructional accommodations may include:

·       changes in timing and scheduling such as extended time to complete assignments;

·       changes in setting such as adaptive furniture or small group instruction;

·      changes in the presentation of materials and assignments such as alternative formats, decreased length of assignments and/or fewer assignments, breaking assignment into smaller parts and presenting information in a variety of ways; and

·     changes in methods of student’s response such as use of word processor and providing answers orally rather than written.

 

Many instructional accommodations provide important information in making decisions regarding testing accommodations. However, not all accommodations used during instruction are appropriate for use during State assessments. Example: The use of word banks for classroom assignments are not allowed for State assessments.

 

 

 

 

 q      Know the Types of Testing Accommodations

 

        Members of the CSE/CPSE/504 MDT should be knowledgeable about the types of testing accommodations. Testing accommodations are often organized into five categories: flexibility in scheduling/timing; flexibility in setting; method of presentation; method of response; and "other." Members of the CSE/CPSE/504 MDT should not be limited by the list in Appendix A, as these may not be the only accommodations appropriate for an individual student.

 

q      Know the Purpose and Requirements of the Tests

 

        The CSE/CPSE/504 MDT should be familiar with the assessments the individual student is expected to participate in based upon the grade level the student is in and/or the courses he/she is taking during the school year. The conditions or types of tests should be considered in the formulation of recommendations for testing accommodations. Such conditions may include the length of the test, the purpose of the test, how test items are presented and how the student is expected to respond. Members of the CSE/CPSE/504 MDT should also consider how particular testing accommodations might affect the validity of the results of particular tests depending on the purpose of the test and the skills it is intended to measure.
 

        To answer these questions, members of the CSE/CPSE/504 MDT should have the following information about the tests:

·       content areas covered by the test (what standards/skills the test is measuring),

·       grades/level tested,

·       how the test is administered (duration of the sessions),

·       presentation format (reading passages, listening passages),

·       response format and nature of test items (multiple choice, short answer, essay),

·       decisions that will be made based on the scores (e.g., academic intervention services (AIS)), and

·       Department guidelines on the use of testing accommodations and what may be allowed/disallowed on State assessments (see Appendix C for website on Grades 3-8 Tests)

 

        Once this information is obtained, the CSE/CPSE/504 MDT should take a second look at the student’s need for testing accommodations in consideration of the following:

ü     What is the test asking the student to do?

ü     What is this test measuring? What are sections of the test measuring?

ü     How does the student’s disability affect his/her performance on the test?

ü     What accommodations does the student need to meaningfully participate?

ü     Are accommodations needed due to particular conditions of the test (length, format etc)?

ü     Will the testing accommodation needed affect the validity of this particular test?

 

For example: A student with a motor impairment may need a scribe for tests requiring extensive writing such as essay writing, but not for multiple-choice tests; a student may need breaks at certain intervals for tests longer than an hour in length but not for 40 minute classroom tests.

 

Review of the Use of Testing Accommodations

The testing accommodations that a student needs must be reviewed at least annually by the CSE/CPSE/504 MDT. Accommodations needed by students early in their school career may not be needed as they gain more skills, knowledge and experience. As they get older, students themselves will also participate more fully in the decision-making as to the types of testing accommodations that are needed.

 


 

Quality Indicators

 

Testing accommodations:

  • are recommended by individuals who know the strengths and needs of the student, including parents (and the student, as appropriate) as active participants in decision-making who understand the purpose of testing accommodations.

  • are consistent with the instructional accommodations currently used during classroom instruction.

  • are determined student by student, based on the unique needs and individual learning characteristics of the student.

  • are not based solely on the student’s classification of disability or program placement.

  • are routinely provided in the classroom.

  • are not introduced for the first time during State or districtwide assessments.

  • are determined systematically using a standard set of questions or variables to consider in making decisions.

  • are documented in the IEP/504 Plan.

  • are reviewed annually and at reevaluation by the CSE/CPSE/504 MDT.

 


 

Chapter IV: TESTING ACCOMMODATIONS

 

THE DEFINITION OF TESTING ACCOMMODATIONS

 

        Testing accommodations are changes in the standard administration of a test including testing procedures or formats that enable students with disabilities to participate in assessment programs on an equal basis with their non-disabled peers. Testing accommodations can change the way in which test items are presented to the student; the student’s method of responding; the setting in which the test is administered; and the timing and scheduling of the assessment. Testing accommodations do not alter the construct of the test being measured or invalidate the results.

        The following tools have been provided in the attached appendices to assist CSE/CPSE/504 MDT in making appropriate decisions for testing accommodations:

·       Appendix A: Types of Testing Accommodations and Questions to Consider

·       Appendix B: Example of Student Characteristics and Possible Accommodations

 

        Testing accommodations may be organized into five categories: flexibility in scheduling/timing; flexibility in setting; method of presentation; method of response; and “other.” This is not a finite or exhaustive list but is one which is most widely used. There may be a unique testing accommodation that is considered and/or provided to a student during instruction and classroom tests that is not included in this document. Staff are encouraged to contact the Department (email to vesidspe@mail.nysed.gov) well in advance of administration of State assessments in order to verify whether the provision of the accommodation is permitted for State assessments.
 

1.     FLEXIBILITY IN SCHEDULING/TIMING

Timing accommodations are changes in the duration of the test. Such accommodations may include:

·       Extending the time allowed for administration of a test on the scheduled day, by starting early and/or ending late on the same day (the IEP/504 Plan must specify the amount of time to be allotted, such as “double time”).

·     Changing the way the time is organized by specifying the amount of time a student should work without a break (e.g., a ten-minute break for each 30-minutes of testing).

·       Administering State assessments over multiple days. (Requires Department approval).

Timing accommodations may also be needed in conjunction with a variety of other testing accommodations. For example, a student using special equipment to record responses or dictating responses to a scribe may complete examinations more slowly. Some accommodations such as the use of magnification devices may induce fatigue. Setting accommodations are often needed in conjunction with scheduling accommodations because the test is being administered at a different time.

Examples of characteristics, which may indicate the need for flexible scheduling/timing accommodations, include:

·       slow cognitive processing or work rate. These students may need extended time.

·       limited attention span and low frustration levels. These students may need frequent breaks.

·      limited physical stamina. Students with limited physical stamina may need extended time and frequent breaks.

Providing additional time may benefit some students but not others, depending on the individual needs of the student. For example, some students may use additional time to second-guess themselves and repeatedly revise their responses to test items. Long periods of test taking may diminish a student’s optimal performance as the student tires and loses concentration. To help determine how much additional time a student may need for tests, the additional time that the student needs for instruction should be considered. In addition, students using Braille or large print to take an assessment may need additional time to complete the test.
 

ADMINISTRATION OF STATE ASSESSMENTS OVER MULTIPLE DAYS
 

        This test accommodation is applicable to all assessments provided by the State Education Department for administration at the elementary, intermediate and secondary levels.

IMPLEMENTATION OF STATE ASSESSMENTS OVER MULTIPLE DAYS REQUIRES PRIOR WRITTEN APPROVAL FROM THE STATE EDUCATION DEPARTMENT.[1]


        Application materials must be submitted to the State Education Department, Office of Vocational and Educational Services for Individuals with Disabilities (VESID), One Commerce Plaza, Room 1624, Albany, New York 12234, at least three months prior to the scheduled administration. Application materials must include all of the following:

·       a narrative statement from the CSE/CPSE/504 MDT or the principal requesting this accommodation and describing the student's need for this test accommodation;

·     a copy of the student's current IEP/504 Plan which documents the CSE/CPSE/504 MDT recommendation for multiple day testing; and

·       evaluation materials (CSE/CPSE or 504) which demonstrate the need for this test accommodation.

 

        A determination regarding the authorization of multiple day administration of State assessments will be made by VESID, and the school district will be notified of its determination.

       
        This test accommodation is designed to permit students with disabilities who are unable to complete one examination in a single day an equitable opportunity to demonstrate their abilities and competencies. It is appropriate to indicate the conditions or types of tests that require this accommodation. For example, the CSE/CPSE/504 MDT may recommend this accommodation in the event the student experiences a seizure on the day of the test.

 

2.      FLEXIBILITY IN SETTING
 

        For some students with disabilities, the standard location for test administration may not be appropriate. Setting accommodations are changes in the location in which an assessment is administered. This can include:

·       changes in the conditions of the setting, such as special lighting or adaptive furniture, or

·       changes in the location itself, accomplished by moving the student to a separate room.

 

        Flexibility in setting may be needed in conjunction with other accommodations provided to the student. For example, changing the location     of an examination may be needed to effectively provide extended time or use of a scribe.

Types of setting accommodations include the following:

·       Separate location/room – administer test individually

·       Separate location/room – administer test in small group (3-5 students)

·       Provide adaptive or special equipment/furniture (specify type, e.g., study carrel)

·       Special lighting (specify type, e.g., 75 Watt incandescent light on desk)

·       Special acoustics (specify manner, e.g., minimal extraneous noises)

·       Location with minimal distraction (specify type, e.g., minimal visual distraction)

·       Preferential seating

 

        Examples of student characteristics which may indicate the need for flexible setting accommodations include students who have difficulty maintaining attention in a group setting; students who use specialized equipment that may be distracting to others; and students with visual impairments who may need special lighting.

In all instances, the setting should be one that is comfortable and appropriate for test administration. The CSE/CPSE/504 MDT should note in the IEP/504 Plan the location and the conditions that will address noise and distraction issues.

 

3.     METHOD OF PRESENTATION
 

        Accommodations in method of presentation change the way in which an assessment is presented to a student. These include: 

·       Revised test format*

Ø     Braille editions of tests

Ø     Large type editions of tests

Ø     Increased spacing between test items

Ø     Increased size of answer blocks/bubbles

Ø     Reduce number of test items per page

Ø     Multiple-choice items in vertical format with answer bubble to right of response choices

Ø     Presentation of reading passages with one complete sentence per line (this is not always possible with large type)

 

·       Revised test directions

Ø     Directions read to student

Ø     Directions reread for each page of questions

Ø     Language in directions simplified 

Ø     Verbs in directions underlined or highlighted

Ø     Cues (e.g., arrows and stop signs) on answer form

Ø     Additional examples provided

 

* For State assessments, any reproduction and/or reformatting of a test booklet requires the advance written permission of the Office of State Assessment.

        Revision of test directions is an accommodation that is limited to oral or written instructions provided to all students that explain where and how responses must be recorded; how to proceed in taking the test upon completion of sections; and what steps are required upon completion of the examination. The term “test directions” never refers to any part of a question or passage that appears on a State assessment.

 

·       Use of aids or assistive technology devices

Ø     Audio tape

Ø     Computer (including talking word processor)

Ø     Listening section repeated more than the standard number of times

Ø     Listening section signed

Ø     Listening section signed more than the standard number of times

Ø     Masks or markers to maintain place

Ø     Papers secured to work area with tape/magnets

Ø     Test passages, questions, items and multiple-choice responses read to student

Ø     Test passages, questions, items and multiple-choice responses signed to student

Ø     Visual magnification devices (specify type)

Ø     Auditory amplification devices (specify type, e.g., FM system)

 

        School officials must ensure that, for State assessments, all such assistance may be provided only in the mechanics of test taking, and must never be permitted to alter the content of the assessment. Interpreting or explaining test items/questions to students is never permitted in the administration of State assessments and will invalidate the student’s score. Any reading or signing of test material must be presented in a neutral manner, without intonation, emphasis, or otherwise drawing attention to key words and phrases. Except for directions, all test content must be read word-for-word, with no clarification or explanation provided.

        Examples of student characteristics which may indicate the need for accommodations in the method of test presentation include students with visual impairments who may need tests in an alternative format such as Braille or large type; students with perceptual difficulties who may need to have fewer items per page or the use of markers to maintain place; students with hearing impairments who may need to have listening passages/directions signed; and, students with processing difficulties who may need to have test directions simplified or repeated.

 

 

q      Tests Read

 

Guidelines for Decision-Making

 

        The accommodation of reading a test to a student with a disability is a CSE/504 MDT decision based upon the student’s individual needs, characteristics and abilities and on evaluative information including school records, previous IEP/504 Plan, observation, parent information and experience on previous tests. This testing accommodation is not permitted for use on certain sections of the State Grades 3-8 ELA tests because these sections measure a student’s reading skills (decoding and comprehension).


        "Tests read” should be a low-incidence accommodation. In determining the appropriateness of this accommodation, the following should be considered:

·       Evaluative material is available to support the determination that the student’s disability precludes or severely limits the student’s ability to gain meaning from written language (decoding/word recognition).

·       Procedures for determining the existence of a learning disability in reading are followed and results indicate a disability in the area of reading. Reading achievement includes basic reading skills and reading comprehension.

·    Consideration is given to whether the student’s difficulty is a result of a lack of appropriate instruction in reading.

·       There is documentation of remedial reading services.

·       There is documentation of the student’s current reading skills.

·       There is documentation of IEP goals related to reading development.

·       There is documentation of response to intervention model and outcomes.

·     There is documentation of supplementary aids and/or services provided to the student to support reading instruction.

·     Consideration is given to whether the student’s difficulty in reading is a result of cultural and/or linguistic differences.

 

When determining the need for this accommodation it is important that the CSE/CPSE/504 MDT consider the purpose of the tests the student will be taking and the skills the test is intending to measure so that it can be determined how the accommodation might affect the results. For some tests intended to measure reading skills, reading the test to students becomes a modification resulting in invalid scores and affecting the student’s identification for subsequent services.

Based upon information gathered, the CSE/CPSE/504 MDT may decide to indicate the conditions of the test requiring this accommodation. This may include one of the following:

·       “test passages, questions, items and multiple choice responses read to the student for all tests, except as prohibited by Department policy on State assessments” is meant for students with severe reading disabilities. This testing accommodation would apply to all classrooms, local and, in accordance with Department policy, State assessments of student achievement. This accommodation reflects a determination that it is unlikely that this student will learn to gain meaning from written materials. Such a determination would generally be made only after consistent efforts to provide intensive reading instruction have been unsuccessful. Such a student would be likely to have instructional accommodations that include books on tape and/or text-to-voice assistive technology across all subject areas.

·       “test passages, questions, items and multiple choice responses read to the student for all tests except those measuring reading skills” is meant for students with disabilities who have low/poor reading skills and the CSE/CPSE/504 MDT does not want those poor reading skills to interfere with the student’s ability to show their knowledge in content areas such as science, math and social studies. This accommodation would not be provided for classroom, local or State tests or sections of tests designed to measure a student’s skills in decoding or reading comprehension.

        Conditions may also include the need for tests read due to a student’s physical fatigue caused by eyestrain for a student with visual impairments who is reading large type materials. In this case the IEP/504 Plan must indicate a description of the physical symptoms that necessitate this accommodation.

 

4.         METHOD OF RESPONSE

Accommodations in method of response are changes in the way students respond to an assessment. Similar to methods of presentation, these include:

·       Revised response format such as allowing marking of answers in booklet rather than answer sheet;

·       Use of additional paper for math calculations;

·       Use of Aids/Assistive Technology

§       Amanuensis (Scribe)

§       Tape Recorder

§       Word processor

§       Computer (School must ensure that students do not have access to any programs, dictionaries, thesaurus, internet etc. that may give them access to information or communication with others).

 

Examples of characteristics which may indicate the need for accommodations in the method of test response include:

·       physical disabilities that limit their ability to write in the standard manner. Students with physical disabilities may need to dictate their responses to a scribe.

·       difficulty tracking from the test booklet to the answer sheet. These students may need to write directly in the test booklet.

·       attention difficulties. Students with attention difficulties may need to write directly in the test booklet.


 

q      Use of Aids

 

Guidelines for Decision-Making:

 

        Some students who have motor, visual or learning difficulties which affect their ability to write may be unable to record their responses to examination questions in the standard manner using pencil and paper. These students may require the use of aids to be able to participate in assessments on an equal basis with other students. Whenever appropriate, enabling students to be as independent as possible through the use of equipment and assistive technology such as computers, word processors, communication boards, adaptive writing instruments and tape recorders should be considered. Use of these aids allows students with disabilities more control over their environment; fosters independence; and is less labor-intensive and artificial than using a scribe. It is important that students have the necessary skills, instruction, and experience in the use of these aids or other equipment. When this is not appropriate for students, it may be determined that students need to dictate their answers to a scribe.

 

5.         OTHER ACCOMMODATIONS

There may be other accommodations considered that are not included in the previous categories. Some students may have a disability which affects their ability to maintain attention on the test. These students need physical or verbal prompts to stay on task and remain focused. Some students may have a disability which affects their ability to spell and punctuate and may require the use of spell or grammar checking devices.

Some students have the reasoning capability to complete narrative mathematics problems and involved computations, but may have visual or motor impairments which make them unable to use paper and pencil to solve computations. Some students with disabilities are unable to memorize arithmetic facts but can solve difficult word problems. Except as specifically prohibited on the Grades 3-8 Mathematics tests, these students may be provided the use of computational aids, such as arithmetic tables or calculators. Only those students whose disability affects their ability to either memorize or compute basic mathematical facts should be allowed to use computational aids.

To meet the needs of these students, the following additional accommodations may be considered (except as specifically prohibited on the Grades 3-8 ELA/ Mathematics tests):

·       On-task focusing prompts

·       Waiving spelling requirements

·       Waiving paragraphing requirements

·       Waiving punctuation requirements

·       Use of calculator

·       Use of abacus

·       Use of arithmetic tables

·       Use of spell-check device*

·       Use of grammar-check device

*Students who are provided a spell-check device as a test accommodation are responsible for spelling accuracy and therefore cannot also be excused from spelling requirements.


6.       ACCOMMODATIONS FOR PHYSICAL EDUCATION ASSESSMENTS

The NYS learning standards for physical education apply to all students and students with disabilities must be included in these assessments. Due to the unique nature of physical education, the accommodations that may be provided to enable students with disabilities to participate in physical education assessments are also unique. Accommodations can include changes in equipment, environment and/or the basic rules. The following are suggestions for physical education instructional and assessment accommodations for students with disabilities:

·       Reduce the size of the playing area

·       Reduce the number of participants

·       Reduce the time of the task

·       Varied size, weight, color of equipment

·       Use of brightly colored paint to identify field markings

·       Use of cones or markers to indicate field markings

·       Field markings may be modified in width

·       Use of a beeper ball and/or a localizer to identify bases

·       Use of hand signals or teammate shoulder tap to start and stop play

·       Allow use of alternative communication methods (e.g., interpreter, picture board, flash cards, etc.) by student

·       Select the court environment with the least noise

·       Increase the size of the playing area to allow the student more personal space and less likelihood of contact

·       Provide verbal cues

·       Provide pinch runner for games requiring running



Chapter V
: DOCUMENTATION OF TESTING ACCOMMODATIONS

 

        The IEP/504 Plan must indicate the recommended individual testing accommodations, if any, to be used consistently by the student:

·       in the student’s education program;

·     in the administration of districtwide assessments of student achievement, consistent with school district policy; and

·       in the administration of State assessments of student achievement, consistent with State Education Department policy.

        Recommended testing accommodations must be documented in the student’s IEP (under the section Individual Testing Accommodations) or 504 Plan and must be reviewed annually.

        For students who are declassified by the CSE, the need for specific testing accommodations must be documented in the final IEP in order for these accommodations to continue to be provided until the completion of the student’s high school education. If in subsequent years, it is determined that these accommodations are no longer appropriate or need to be changed, revisions may be made by a building level team.

        Testing accommodations must be clearly stated to ensure a consistent understanding by the CSE/CPSE/504 MDT, school principal, teacher(s), paraprofessionals, student and the student’s parents. Specific testing accommodations (e.g., use of word processor) should be indicated, not generic test accommodation categories (e.g., answers recorded in any manner).

        Documentation should include:

·       test accommodation,

·       the conditions or types of tests in which the accommodation must be provided, and

·       specifications, as needed (e.g., how much extended time).

 

        It is appropriate to indicate the conditions or types of tests that will require testing accommodations. Such conditions may include the length of the test, the purpose of the test, presentation of test items and the method of response required by the student. As examples: a student with a motor impairment may need a scribe for tests requiring extensive writing such as essay writing, but not for multiple-choice tests; or a student may need breaks at certain intervals for tests longer than an hour in length but not for 40 minute classroom tests. The purpose of clarifying the conditions of the test is to ensure that test accommodations are not provided excessively or when not appropriate to the purpose or type of test. If it is determined that the student needs a particular testing accommodation for all tests, then qualifying conditions are not indicated or would indicate “all tests.” For example, if the IEP/504 Plan states “use of scribe,” this accommodation must be provided for all tests regardless of the amount of writing that is required.

        A particular test accommodation may also be needed due to and in conjunction with the provision of another accommodation. For example, separate setting may be needed when the student has the use of a scribe. In such instances, both accommodations must be indicated in the IEP/504 Plan and qualifying conditions would be indicated as appropriate.

        When documenting the following accommodations, these specifications should be included:

·       Extended time - specify the amount of extended time (e.g., time and a half, double time).

·       Breaks - specify the duration of break and at what intervals (e.g., ten-minute break every 40 minutes).

·       Directions read or signed or listening passages read or signed more than the standard number of time - specify the number of times (e.g., directions read two more times than the standard number of times provided for all students as per Department directions).

·       Separate setting - specify individual or small group.