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Two Pieces of a Puzzle: The 95% Participation Requirement in State Plans and States' Opt-Out Policies. NCEO Report 443

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Bibliographic Details
Title: Two Pieces of a Puzzle: The 95% Participation Requirement in State Plans and States' Opt-Out Policies. NCEO Report 443
Language: English
Authors: Mari Quanbeck, Sheryl S. Lazarus, Andrew R. Hinkle, National Center on Educational Outcomes (NCEO), Applied Enterprise Management Corporation (AEM), Center for Parent Information & Resources (CPIR), Council of Chief State School Officers (CCSSO), National Association of State Directors of Special Education (NASDSE), WestEd, University of Minnesota, Institute on Community Integration
Source: National Center on Educational Outcomes. 2024.
Availability: National Center on Educational Outcomes. University of Minnesota, 207 Pattee Hall, 150 Pillsburg Drive Southeast, Minneapolis, MN 55455. Tel: 612-626-1530; Fax: 612-624-0879; e-mail: nceo@umn.edu; Web site: https://nceo.info/
Peer Reviewed: N
Page Count: 95
Publication Date: 2024
Sponsoring Agency: Office of Special Education Programs (OSEP) (ED/OSERS), Research to Practice Division (RTP)
Contract Number: H326G210002
Document Type: Reports - Research
Education Level: Elementary Secondary Education
Descriptors: Statewide Planning, Educational Planning, State Policy, Inclusion, Students with Disabilities, Accountability, Educational Legislation, Elementary Secondary Education, Federal Legislation, Student Participation, Standardized Tests, Alternative Assessment, Compliance (Legal), Resistance (Psychology)
Laws, Policies and Program Identifiers: Elementary and Secondary Education Act
Abstract: The Elementary and Secondary Education Act (ESEA), commonly known as the Every Student Succeeds Act (ESSA), requires the participation of students with disabilities in state assessments used for accountability. Additionally, the Individuals with Disabilities Education Act (IDEA) requires the participation of all students with disabilities in all statewide assessment administrations. ESEA also requires that states test at least 95% of all students, as well as 95% of each student subgroup, including students with disabilities, on the reading and mathematics assessments that are used for accountability purposes. The 2015 reauthorization of ESEA also limits participation in the alternate assessment based on alternate academic achievement standards (AA-AAAS) to 1.0% of a state's tested population. The AA-AAAS is designed for students with the most significant cognitive disabilities. Some parents choose to withdraw their children from statewide testing. Parental opt-out occurs for a variety of reasons and poses an additional challenge for states to reach the required 95% participation rate. This report presents the findings of an analysis of states' ESEA Consolidated State Plans in regards to the 95% participation requirement. It examines how this requirement is factored into states' accountability systems. The analysis also identifies which content areas the 95% requirement applies to in each state; federal regulations place this requirement on both reading and mathematics for all states, but some states may hold additional content areas, such as science or social studies, to the same requirement. Additionally, states' opt-out policies were analyzed to explore how different states addressed assessment opt-out.
Abstractor: ERIC
Entry Date: 2025
Accession Number: ED673287
Database: ERIC
Description
Abstract:The Elementary and Secondary Education Act (ESEA), commonly known as the Every Student Succeeds Act (ESSA), requires the participation of students with disabilities in state assessments used for accountability. Additionally, the Individuals with Disabilities Education Act (IDEA) requires the participation of all students with disabilities in all statewide assessment administrations. ESEA also requires that states test at least 95% of all students, as well as 95% of each student subgroup, including students with disabilities, on the reading and mathematics assessments that are used for accountability purposes. The 2015 reauthorization of ESEA also limits participation in the alternate assessment based on alternate academic achievement standards (AA-AAAS) to 1.0% of a state's tested population. The AA-AAAS is designed for students with the most significant cognitive disabilities. Some parents choose to withdraw their children from statewide testing. Parental opt-out occurs for a variety of reasons and poses an additional challenge for states to reach the required 95% participation rate. This report presents the findings of an analysis of states' ESEA Consolidated State Plans in regards to the 95% participation requirement. It examines how this requirement is factored into states' accountability systems. The analysis also identifies which content areas the 95% requirement applies to in each state; federal regulations place this requirement on both reading and mathematics for all states, but some states may hold additional content areas, such as science or social studies, to the same requirement. Additionally, states' opt-out policies were analyzed to explore how different states addressed assessment opt-out.