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U.S. Department of Education: Promoting Educational Excellence for all Americans

Participation in Assessments (Sec. 300.160)

(originally published on April 9, 2007 – 72 FR 17748; effective date – May 9, 2007)

Assessment of students with disabilities under the IDEA. To ensure a coordinated administration of the IDEA and Title I programs, the final IDEA regulations on assessment in Sec. 300.160, which are included in this regulations package, incorporate provisions regarding modified academic achievement standards that are consistent with the changes to the regulations under Title I of the ESEA. In addition, the final IDEA regulations provide that a State's (or in the case of a district-wide assessment, an LEA's) guidelines must require each child to be validly assessed and must identify, for each assessment, accommodations that would result in an invalid score. Consistent with Title I, these final regulations also provide in Sec. 300.160(f)(1) that a student taking an assessment with an accommodation that invalidates the score would not be reported as a participant under the IDEA. This coordination of the regulations for the IDEA and Title I programs should avoid confusion among parents, teachers, and administrators, and reinforce IDEA's and Title I's shared goal of high expectations and accountability for all students.

This summary includes comments made in response to the Title I NPRM published in the Federal Register on December 15, 2005 (70 FR 74624), as well as comments made in response to the proposed IDEA regulations published in the Federal Register on June 21, 2005 (70 FR 35839) to implement the IDEA as reauthorized by the Individuals with Disabilities Education Improvement Act of 2004, Public Law No. 108-446, enacted on December 3, 2004, regarding the inclusion of children with disabilities in State and district-wide assessment systems in accordance with section 612(a)(16) of the IDEA.

Participation in Assessments (Sec. 300.160)