HB
1015 by state Rep. John Schroder
allows for greater flexibility in use of standardized exams in determining
proficiency for graduation from high school for students with major/multiple intellectual
disabilities. The state is plagued with one of the lowest graduation rates
among students with disabilities, and relaxing the use of standardized exams as
a sole measure of proficiency, replaced by other kinds of assessments, may
better measure the actual abilities of these students. For those who have such
a disability, if qualification for a regular diploma cannot be managed, the
student can be awarded a certificate of achievement.
According to the bill, if a
student assessed with such a disability fares poorly in multiple assessments,
the Individualized Education Plan team for the student may recommend using
alternative assessments and may choose them from a list to be developed recommended
by the Department of Education. Students will continue to take the standardized
tests, but they will count only towards the accountability measures for
schools, although graduation scoring based on successful completion of IEP
requirements not including the exams also will be used in those measures.
The bill as originally written
caused a dramatic split within the disability advocacy community. Some
individuals and organizations, including some with national prominence,
objected to the initial language which said one test failure automatically triggered
the process, claiming that this lacked the expectation of rigor that would
cheapen the diploma. Others said similar approaches are used in other states.
In the end, supporting and
opposing advocates with Schroder hashed out with the mediation of Senate
Education Committee chairman Conrad Appel
a compromise except on the issue of whether the assessments ought to be
suggested by DOE, which opponents to the original version and DOE thought wisest.
In the end, the committee went along with that idea, even as original bill
supporters thought this constrained IEP teams too much, even though their use
of listed assessments would be voluntary.
The worrisome aspect for the
original opponents, who seemed largely placated, was that this changed the
nature of graduation requirements from two kinds of diplomas (the other kind,
career-based, is hardly awarded due to present lack of student demand)
potentially to thousands of different sets of requirements. They rightly felt concern
that IEP teams lacked capacity to derive a graduation plan that included
adequate rigor and expertise, including whether they could judge adequately
whether an IEP should include an alternative pathway to graduation, which could discourage integration into the larger student population. As such, in
the rule-making process allied to this change in law DOE should pay close
attention to the role of the IEP team and make an effort to enable
capacity-building for them.
The original supporters weren’t
completely satisfied in that part of the accountability scoring still
incorporates the test results from students with intellectual disabilities,
even as the alternative graduation plans should boost schools’ graduation rates.
Their argument ever since much stricter accountability measures for schools
came about has been that this created a disincentive for schools to enroll
students with these disabilities, where in this decision charter schools can have
some leeway and even to some small degree traditional schools as well. This threatens
segregation of these students from the general population potentially without
justification and might steer them to academically less capable environments.
But retaining at least some accountability mechanism provides schools incentive
to maximize their efforts to give these students the best education possible
under the circumstances.
In the end, as long as DOE
strives to equip better IEP teams in dealing with this important decision, the
bill in its present form does a serviceable job in coming up with an assessment
process that more validly measures actual achievement that determines whether
to issue a high school diploma to students with more severe intellectual
disabilities while maintaining the integrity of the award and providing proper
incentives for schools to deliver sufficient educational quality concerning
that award. Thus, HB 1015 deserves becoming law.
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