Title:
_Test Access & Modification for Individuals with Disabilities_
THE UNIVERSITY OF THE STATE OF
NEW YORK
Regents of The
University
CARL T.
HAYDEN, Chancellor, A.B., J.D. ........................Elmira
LOUISE
P. MATTEONI, Vice Chancellor, B.A., M.A., Ph.D ........Bayside
EMLYN
I. GRIFFITH, A.B., J.D ....................................Rome
JORGE
L. BATISTA, B.A., J.D. ...................................Bronx
J.
EDWARD MEYER, B.A., LL.B. ..................................Armonk
R.
CARLOS CARBALLADA, Chancellor Emeritus, B.S. ............Rochester
MIMI
LEVIN LIEBER, B.A., M.A. ...............................New York
NORMA
GLUCK, B.A., M.S.W. ...................................New York
ADELAIDE
L. SANFORD, B.A., M.A., P.D. .......................New York
WALTER
COOPER, B.A., Ph.D. .................................Rochester
DIANE
O'NEILL McGIVERN, B.S.N., M.A., Ph.D. .................New York
SAUL B.
COHEN, B.A., M.A., Ph.D. ........................New Rochelle
JAMES
C. DAWSON, A.A., B.A., M.S., Ph.D. ........................Peru
ROBERT
M. BENNETT, B.A., M.S. ..............................Tonawanda
ROBERT
M. JOHNSON, B.S., J.D. ...........................Lloyd Harbor
President
of The University and Commissioner of Education
RICHARD
P. MILLS
Executive
Deputy Commissioner of Education
THOMAS
E. SHELDON
Deputy
Commissioner for Vocational and Educational Services for
Individuals
with Disabilities
LAWRENCE
C. GLOECKLER
Coordinator
of Vocational Rehabilitation Services and Administration
RONALD
G. CALHOUN
Executive
Coordinator for Special Education Services
THOMAS
B. NEVELDINE
Bureau
Chief for Special Education Data Collection, Analysis and
Reporting
JAMES
C. VIOLA
The State Education Department does not
discriminate on the
basis
of age, color, religion, creed, disability, marital status,
veteran
status, national origin, race, gender or sexual orientation
in the
education programs and activities which it operates. Portions
of this
publication can be made available in a variety of formats,
including
braille, large print or audio tape, upon request.
Inquiries
concerning this policy of equal opportunity and affirmative
action
should be referred to the Department's Director of Affirmative
Action,
NYS Education Department, 89 Washington Avenue, Albany, NY
12234.
Title:
_Test Access & Modification for Individuals with Disabilities_
PREFACE
The mission of the New York State
Education Department Office
of
Vocational and Educational Services for Individuals with
Disabilities
(VESID) includes an expanded role in developing and
coordinating
appropriate services so that people with disabilities
can
lead self-sufficient, self-directed lives to the maximum extent
possible. Consistent with this mission, VESID provides
vocational
rehabilitation
services and coordinates lifelong educational services
for
individuals with disabilities to assist in expanding and
enhancing
their opportunities to live and work independently in their
communities. Office planning and initiatives are directed
toward the
establishment
of mechanisms to ensure that individuals with
disabilities
will continue to have their needs appropriately met,
throughout
their lives if necessary, as they grow from infants and
toddlers
to preschoolers; as they progress through elementary and
secondary
education programs; and as they pursue higher education and
employment
opportunities.
In January 1995, the administration of
the Education
Department's
Office for Special Education Services (OSES) was
consolidated
into VESID. This consolidation will
help ensure the
continuity
of services and encourage long-term planning and goal
setting
so individuals with disabilities will have an equitable
opportunity
to access and succeed in high quality educational
programs
and be fully employed.
This publication is an example of how New
Yorkers with
disabilities
will be better served by this consolidation and a
lifelong
view to educational opportunity. Test
access and
modification
is not an issue only in elementary and secondary school;
it is
also an important consideration in identifying and pursuing
postsecondary
education and employment opportunities.
The
information
presented in the following pages is intended to increase
access
to local, State and national test programs, as well as the
consistent
provision of test modifications which are necessary in
order
to demonstrate knowledge and abilities.
Moreover, this
publication
will promote and facilitate short and long-range planning
for
individuals with disabilities by focusing on a particular segment
of
their life, kindergarten through grade 12, within the framework of
life
opportunities.
FOREWORD
This publication provides State Education
Department policies
and
information regarding test access and modification which will
assist
school staff, parents, students, and others involved in
designing
educational programs and setting academic and career goals
for
students with disabilities. This manual
addresses testing only
as it
relates to ensuring appropriate access and accommodations. It
is not
intended as a primary source of information on testing
programs
and testing issues in general. Each
module indicates
sources
for obtaining additional information regarding the tests or
program
discussed.
This publication does not include an
exhaustive listing or
discussion
of all local, State and national tests and test programs.
However,
the various tests and programs which are addressed will
provide
a basis for identifying trends and similarities across tests
and
programs, as well as policies and procedures which may differ.
Individuals
with disabilities who require test modifications are
strongly
encouraged to contact appropriate testing authorities well
in
advance of test administration in order to receive information
regarding
policies and procedures for requesting test modifications,
as well
as the extent to which such modifications are available.
The information contained in this
publication is accurate as of
the
date of publication. The policies
presented in Module 2 (TESTS
AND
EXAMINATIONS ADMINISTERED TO STUDENTS WITH DISABILITIES
KINDERGARTEN
THROUGH GRADE 12) and Module 3 (HIGH SCHOOL EQUIVALENCY
DIPLOMAS
AND GENERAL EDUCATIONAL DEVELOPMENT TESTS) of this document
supersede
all Education Department policies previously published in
regard
to test access and modification for students with
disabilities.
This publication has been developed in a
modular format in
order
to facilitate the insertion of personal notes or applicable
local
policies and procedures.
CONTENTS
note- Page numbers in the Contents section of this
document
correspond to the original by the
author. There are no page
numbers in the electronic
document.
Acknowledgements
..................................................iv
Preface
............................................................v
Foreword
..........................................................vi
Test
Access and Modification and School Reform ...................vii
Module
1 - Federal and State Requirements
Pertaining to
Test Access and Modification
............................1
Module
2 - Tests and Examinations Administered
to Students with
Disabilities Kindergarten through
Grade 12 ..............6
Module
3 - High School Equivalency Diplomas
and General Educational
Development Tests
......................................29
Module
4 - Advanced Placement Program
............................36
Module
5 - Preliminary SAT/National Merit
Scholarship Qualifying
Test (NMSQT) SAT I:
Reasoning Test and SAT II:
Subject
Tests
..................................................40
Module
6 - ACT Assessment Program
................................45
Module
7 - Graduate Record Examinations
..........................49
Module
8 - Miller Analogies Test
.................................53
Module
9 - Professional Licensing Examinations
...................57
Module
10 - New York State Civil Service Examinations .............64
Appendices
A. Special Education Training and Resource
Center Network
Directory
B. New York State Education Department,
VESID Office for Special
Education Services, Regional Office
Directory
C. New York State Education Department,
VESID Educational
Institution Linkages Unit, Regional
Office Directory
D. NYS Competency Test Program - Pupil
Evaluation Program Tests,
Program Evaluation Tests, Regents
Preliminary Competency Tests
E. NYS Competency Test Program - Regents
Examinations, Regents
Competency Tests, Proficiency
Examinations
F. SAT and College Board Achievement Test
Scores Acceptable for
Meeting Requirements for a Regents High
School Diploma
G. ACT, SAT and College Board Achievement
Test Scores Acceptable
for Meeting Competency Requirements for
a Local High School
Diploma
H. Office of Vocational and Educational
Services for Individuals
with Disabilities, Regional Office
Directory
I. Glossary of Abbreviations and Terms
Index
TEST ACCESS AND MODIFICATION
AND
SCHOOL REFORM
Three education reform initiatives have
recently been enacted
which
specify important goals and principles applicable to all
students,
and strongly support the appropriate provision of test
access
and modification for students with disabilities. The three
initiatives
are:
- Goals 2000: Educate America Act
- _A New Compact for Learning_
- Least Restrictive Environment
Implementation Policy Paper
On March 31, 1994, President Clinton
signed into law the Goals
2000: Educate America Act. Its purpose is to improve learning and
teaching
by providing a national framework for education reform by
promoting
research, consensus building and systemic changes in order
to ensure
equitable educational opportunities and high levels of
educational
achievement for all students.
Three years earlier, the New York State
Board of Regents
adopted
_A New Compact for Learning_, a comprehensive strategy for
improving
public elementary, middle and secondary education results.
The
Compact is based on the principle that all children can learn and
calls
for collaboration by parents, educators, State and local
governments,
colleges, libraries, museums, social services agencies,
community
groups and other stakeholders in the efficacy of the
State's
educational system.
The innovative and far reaching
provisions of these national
and
State educational reforms are completely consistent with one
another,
each acting as a catalyst to advance and support the other.
Both
are focused on educational results and call for the
establishment
of high educational standards to be applicable to all
students
regardless of race, gender, marital status, color, religion,
national
origin or disability. Understanding
that all children are
not the
same, however, the expectation that all children will excel
is
coupled with the recognition that individual talents and
abilities,
interests and emotions, strengths and needs must be
addressed
in order to provide each student an equitable opportunity
to
learn.
Both the Compact and Goals 2000 focus on:
-Academic Mastery - Students will excel
in mathematics and
science achievement. They will also be proficient in knowledge
and skills which will prepare them for
college, employment,
family life responsibilities and
citizenship.
-School Completion - At least 90 percent
of students will
successfully complete the assessments
and course work which are
required in order to graduate with a
high school diploma.
-Student Results - Every student will
have access to the
resources which are necessary to be
successful in the school
program. The requirement is not equality of input, but equity
of results.
Advancing the principles of the Compact
and Goals 2000, the
Board
of Regents adopted the Least Restrictive Environment
Implementation
Policy Paper in May 1994. The
Implementation Policy
Paper
calls for greater representation and participation of people
with
disabilities in all aspects of society.
It recognizes that
students
with and without disabilities need to learn to interact and
develop
interdependent relationships so that, as adults, they can
successfully
participate together in the mainstream of American
society. The Implementation Policy Paper includes the
following
eight
principles:
1. Services and programs will be made
available to students based
on their individual needs, without
regard to classification.
2. A continuum of alternative placements
will be available to
meet the needs of students with
disabilities. However, no
placement may effectively restrict the
full appropriate
participation of students with
disabilities in the programs
and assessments necessary for a high
school diploma.
3. All students with disabilities will have
equal access to a
high quality program based on their
individual needs and
abilities and designed to enable them
to achieve desired
learning results established for all
students. Educational
placement decisions for students will
be determined by a
process which first considers a general
education environment
in the school the student would attend if he or she did not
have a disability.
4. The removal of a student with a
disability from the general
educational environment occurs only
when the needs of the
student are such that, even with the
use of supplementary aids
and services, his or her needs cannot
be met. However,
consideration must be given to the
impact of a student with a
disability on the education of other
students in the general
or special education class when making
placement decisions.
5. Efforts will be made to access and
coordinate with other
available services within a local
school district, Board of
Cooperative Educational Services, or
agency program before a
student fails in his or her current
educational placement.
6. The responsibility for all students is
shared among all staff
of the school. Parents and guardians will have an
opportunity
for meaningful participation in the
development of the
Individualized Education Program (IEP)
as equal partners with
school personnel.
7. Students with disabilities will be full
participants in all
aspects of the school program,
including extracurricular
activities and State and local testing programs, to the
maximum extent appropriate to their
needs.
8. Students with disabilities in segregated
placements will
transition to general education
programs, when appropriate.
_Test Access and Modification for
Individuals with
Disabilities_
has been developed in a manner fully consistent with
the
words and spirit of the above three educational reforms. The
appropriate
provision of test modifications provides students with
disabilities
an equitable opportunity to demonstrate acquired
knowledge
and abilities during the administration of State and local
examinations. Just as importantly, test modifications
promote
students
with disabilities participation in State and local testing
programs,
as well as their access to more challenging educational
programs
(such as Regents or Advanced Placement courses).
This publication will be broadly
distributed statewide in order
to
provide a consistent understanding of the requirements associated
with
the full and consistent provision of test access and
modifications
for individuals with disabilities.
Consistent with the
State
and local accountability provisions contained in the Compact
and
Goals 2000, statistical information regarding the participation
and
performance of students with disabilities in State Education
Department
examinations is published annually in the Consolidated
Special
Education Performance Report.
A copy of _A New Compact for Learning_,
the Least Restrictive
Environment
Implementation Policy Paper, the Consolidated Special
Education
Performance Report, and additional copies of this
publication
may be obtained at a Special Education Training and
Resource
Center (SETRC). (A statewide directory
listing the location
of each
center is included as Appendix A.)
These information
materials
may also be obtained by contacting the Office of Vocational
and
Educational Services for Individuals with Disabilities (VESID),
One
Commerce Plaza, Room 1624, Albany, New York
12234.
ACKNOWLEDGEMENTS
The New York State Education Department
wishes to acknowledge
the
following individuals who substantially contributed to the
content
of the publication, _Test Access and Modification for
Individuals
with Disabilities_.
Publication Development:
James
C. Viola, Bureau Chief
Office
of Vocational and Educational Services for Individuals with
Disabilities
New
York State Education Department
Publication Consultants:
David
R. Bower, Coordinator of Assessment
Bureau
of Professional Examination
Development
and Assessment
New
York State Education Department
Rosalind
Day, Assistant Program Director
Advanced
Placement Program
Educational
Testing Service
GRE
Administrative Office Staff
Graduate
Record Examinations
Educational
Testing Service
Kelley
Hayden, Director
Office
of Corporate Communications
American
College Testing
Anthony
Lofrumento, Unit Leader
High
School Equivalency Programs
and GED Testing
New
York State Education Department
Kenneth
Ormiston, Bureau Chief
Office
of State Assessment
New
York State Education Department
Sandra
Petronis, Supervisor
Special
Accommodations Unit
New
York State Department of Civil Service
Kathleen
E. Surgalla, Assistant Counsel
Office
of Counsel
New
York State Education Department
William
F. Wilkinson III, Area Director
Postsecondary
Educational Assessment
The
Psychological Corporation
(Miller
Analogies Test)
June
Zumoff, Associate Program Director
SAT
Program
Educational
Testing Service
Publication
Design:
Bruce
Stewart, Supervisor
Center
for Art and Design
New
York State Education Department
Publication
Word Processing:
Kathy
Bunney, Secretary I
Office
of Vocational and Educational Services for Individuals with
Disabilities
New
York State Education Department
December 1995
TO: District Superintendents
Superintendents of Schools
Superintendents of State-Operated and
State-Supported Schools
Organizations, Parents and Individuals
Concerned with Special
Education
Nonpublic School Administrators and
Educators
Principals of Public Schools
Directors of Special Education
Chairpersons of Committees on Special
Education
Directors of Pupil Personnel Services
Guidance Counselors
Colleges with Special Education and
Rehabilitation Preservice
Programs
Commissioner's Advisory Panel on
Special Education Services
Impartial Hearing Officers
Community Dispute Resolution Centers
SETRC Project Directors and Training
Specialists
Transition Coordination Sites
VESID District Office Managers
FROM: Lawrence C. Gloeckler
SUBJECT:Test
Access and Modification for Individuals with
Disabilities
During the 1990s, education reforms were
enacted at the State
level
(_A New Compact for Learning_ and the Least Restrictive
Environment
Implementation Policy Paper) and federal level (Goals
2000: Educate America Act) to improve educational
results for all
students,
including those with disabilities; and emphasis was placed
on the
appropriate integration of students with disabilities in all
general
education programs, including test programs.
All students,
including
those with disabilities, are expected to learn and achieve
high
standards. By the close of the 1993-94
school year, 7,319
students
with disabilities graduated with a Regents or local high
school
diploma. Of these students, 4,536 were
provided test
modifications.
The issue of test access and modification
has grown because our
expectations
for students with disabilities have grown.
These
expectations
transcend the public school secondary education program.
Upon
becoming adults, some students with disabilities will need entry
level
employment opportunities and their public school program should
be
designed so that they may obtain and succeed in such
opportunities. However, many students with disabilities
consider,
and
should be encouraged to pursue, higher education opportunities
and
highly competitive careers. Admissions
requirements established
by
colleges and universities, authorized accommodations for
Scholastic
Assessment Tests (SATs) and American College Tests (ACTs),
tests
required for licensure as a professional, State civil service
examinations,
and for other tests/examinations are important to
consider
in making career plans.
This publication addresses test access
and modification much
more
comprehensively than previous publications of the New York State
Education
Department. It is designed as an
important tool to be used
by
schools, parents and students to make informed decisions in
designing
special education programs and making long-range plans. It
has
been developed for students with disabilities to promote their
access
to challenging course work, to local, State and national
examination
programs, and to higher education and employment
opportunities
which are commensurate with their abilities.
MODULE 1
FEDERAL AND STATE REQUIREMENTS
PERTAINING
TO TEST ACCESS AND MODIFICATION
GENERAL REQUIREMENTS
Important considerations for assuring
appropriate test access
and
modifications for individuals with disabilities are prescribed in
federal
and State laws and regulations. The
federal laws and
regulations
are:
-Individuals
with Disabilities Education Act (20 USC 1400 et seq.) -
Formerly known as the Education of All
Handicapped Children Act, this
law allocates federal funds to State and
local education agencies to
establish and implement policies and due
process procedural
safeguards for the identification of students
with disabilities, up
to 21 years of age, and for the provision of
special education
programs and services in the least
restrictive environment,
consistent with each student's needs and
abilities.
Implementing regulations: 34 CFR Part 300
-Section
504 of the Rehabilitation Act of 1973, as amended, (29 USC
794) - This civil rights law prohibits
recipients of federal funds
from discriminating on the basis of
disability. It provides that no
otherwise qualified individual with a
disability (regardless of age)
shall, soley by reason of such disability, be
excluded from, denied
the benefits of, or subjected to
discrimination under any program or
activity receiving federal financial
assistance.
Implementing regulations: 34 CFR Sections 101.1-104.61
-The
Americans with Disabilities Act of 1990 (42 USC 12101-12213) -
This civil rights law extends the Section 504
prohibition against
discrimination to public and private
entities, regardless of whether
they receive federal funds.
Implementing regulations: 28 CFR Part 35
These federal laws and regulations apply
to all operations of
school
districts, Boards of Cooperative Educational Services (BOCES),
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 the
Americans
with Disabilities Act). They 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. In
order to permit
individuals
with disabilities the opportunity to benefit from such
participation,
reasonable accommodations, including appropriate
adjustments
and modifications of examinations, must be implemented.
Pursuant
to Section 504, the aids, benefits and services are not
required
to produce the identical result or level of achievement for
individuals
with and without disabilities, but 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. It is discriminatory to exclude individuals
with
disabilities
from programs or activities, or to deny them services or
accommodations.
In regard to examinations and courses,
Section 309 of the
Americans
with Disabilities Act states:
Any person that offers examinations or
courses related to
applications, licensing, certification,
or credentialing for
secondary or post-secondary education,
professional, or trade
purposes shall offer such examinations or
courses in a place and
manner accessible to persons with
disabilities or offer
alternative accessible arrangements for
such individuals.
STATE LEGAL REFERENCES
KINDERGARTEN THROUGH GRADE
12
The issue of test access and modification
at the elementary and
secondary
school levels is also addressed in Part 100 (Subchapter E:
Elementary
and Secondary Education) and Part 200 (Subchapter P:
Students
with Disabilities) of the Regulations of the Commissioner of
Education. Both regulations address the extent to which
student
access
must be safeguarded. Section 100.2(s)
of the regulations
requires
that students with disabilities have access to the full
range
of programs and services set forth in the Part 100 regulations
(including
courses and State examinations) to the extent that such
programs
and services are appropriate for each individual student.
In addition, Section 200.2(b) of the
regulations requires that
each
Board of Education or Board of Trustees adopt written policy to
establish
administrative practices and procedures ensuring that
students
with disabilities have the opportunity to participate in
school
district programs, "to the maximum extent appropriate to the
needs
of the student," including extracurricular programs and
activities
which are available to all other students enrolled in the
public
schools of the district. In regard to
school programs and
test
modifications, Section 100.2(s)(2) of the regulations requires
that
instructional techniques and materials used by schools be
modified
to the extent appropriate to provide the opportunity for
students
with disabilities to meet diploma requirements; and Section
100.2(g)
authorizes the implementation of test modifications for
students
with disabilities during the administration of State
Education
Department examinations. In addition,
Section 200.4(c)(2)
of the
regulations requires that the Individualized Education Program
(IEP)
for each student with a disability list those test
modifications
to be used consistently by the student in the
recommended
educational program. In summary, Part
100 and Part 200
of the
Regulations of the Commissioner of Education require that, to