Historical Changes in Special Education Alternative Assessment

This paper addresses the historical changes that have affected special education students, their teachers and their parents from PL 94-142 to ESSA (Every Student Succeeds Act). Aspects studied include the role and relative importance of testing and assessment, placement, changes in pedagogy and parental involvement. From NCLB to ESSA, the nature of testing and assessment for special education students has changed. Under NCLB, states were required to test all students and submit annual state report cards. Student performance data was to be disaggregated for (cc) students with disabilities. (NCLB, p. 1446-1447) In ESSA, however, the data will be collected as a comparison measure for, (III) children with disabilities as compared to children without disabilities. (ESSA, p. 58) The change in the wording reflects the larger move away from achievement based on set criteria to a comparison measure where value is placed on a student\u27s score in relation to the scores of other students. The subject matter to be assessed has expanded. NCLB tests addressed reading or language arts, math, and science. ESSA continues to require tests in these subjects, but expands assessment that also may include ...(III) student engagement; (IV) educator engagement... (VI) postsecondary readiness; (VII) school climate and safety; and (VIII) any other indicator the State chooses that meets the requirements of this clause. (ESSA, p. 84) Alternate assessment for special education students has changed under ESSA. Along with the requirement that the alternate assessments must be aligned with the ...challenging State academic standards and alternate achievement standards for the students with the most significant cognitive disabilities, the new law imposes a cap on alternate assessments for special education students, not to exceed 1% of the total number of all students in the State who are assessed in that subject. (ESSA, p. 61) The role of parents has also changed from NCLB to ESSA. Under NCLB, parents or guardians were required to provide consent prior to individual testing for the purpose of placement in special education programs. However, there is new language in ESSA that creates an exception for this requirement. If school authorities send notification home to parents or guardians regarding special education testing and that paperwork is not returned to the school, the school authorities are able to document the non-response and test the students without the typically required parental/guardian consent paperwork. This change reflects a larger theoretical shift in parental rights and responsibilities. There is a clear move away from ensuring that parents and/or guardians are the ultimate authority in the decision to test students for placement in special education programs. Language in ESSA may be used to place the State and the agents of the State in a greater position of authority over students. In ESSA, parents are referred to as equal partners in the education of their children. This language expresses how the law has de-emphasized the primary authority and responsibility that parents have traditionally held over the education of their own children. This paper addresses the changes in the laws over the years and the possible implications for students, teachers, and parents