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Standards and Assessments

Non-Regulatory Guidance

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**March 10, 2003**

###  {#section .Title-Text}

**Introduction**

The cornerstone of any substantive education reform lies in the creation
and application of rigorous academic standards. For far too long, many
children in this country have fallen victim to, in terms of President
George W. Bush, \"the soft bigotry of low expectations.\" *The* *No
Child Left Behind Act*, signed by the President on January 8, 2002, has
ushered in a new era in American public education, an era that begins
with the premise that every child can learn and an era that demands that
all children achieve to high standards, regardless of race,
socioeconomic status, or disability. Only by holding all students to
high standards and believing that all children can learn, will every
child in America excel and be able to live out his or her dreams.

Under *The No Child Left Behind Act of 2001*, States will build on the
work they have already begun in the area of academic standards and
implement challenging academic content and student achievement standards
in the core academic subjects of reading/language arts, mathematics, and
science. The power of rigorous State academic standards is undeniable:
they provide a clear direction for what all students should know and be
able to do and establish clear expectations for schools, teachers,
parents, and students.

Rigorous academic standards, however, are but one critical element to
ensuring that all children attain to high levels of academic
achievement. To reach our goal of high achievement for all children, we
must also be able accurately and efficiently to measure whether or not
students are meeting the standards of learning expected of them,
diagnose problems, and offer immediate intervention. As President Bush
has stated, \"In order to make sure children are not simply shuffled
through the system, we must measure. We must determine what needs to be
corrected early, before it\'s too late.\"

Although previous federal legislation also required that States assess
public school children, States were required to test only three times
during a student\'s tenure in the K-12 educational system. This left too
many intervening years in which children\'s academic difficulties went
undiagnosed. The President and the Congress, in passing *The No Child
Left Behind Act*, recognized that these intervening years without
assessments were precious years during which far too many children were
slipping through the cracks and being left behind. Therefore, under *No
Child Left Behind*, States will enhance their existing assessment
systems to include annual assessments in reading/language arts and
mathematics for all public school students in grades 3 through 8 and at
least once in grades 10 through 12 by the 2005-2006 school year.
Additionally, by the 2007-2008 school year, all States will annually
assess their students in science at least once in grades 3 through 5,
once in grades 6 through 9, and once in grades 10 through 12.

This Standards and Assessment Guidance is written to assist States,
districts, and schools in understanding and implementing *The No Child
Left Behind Act* in the area of standards and assessments. This guidance
document is one of three documents the Department is preparing on
standards and assessments. In addition to this document, the Department
will soon be releasing a Technical Addendum for Standards and
Assessments and a Peer Reviewer Manual for Standards and Assessments.
The Technical Addendum will contain more detailed and technical
discussion on many of the topics covered in this guidance document and
is written primarily for State and district assessment and
accountability directors. The Peer Reviewer Manual for Standards and
Assessments will provide States additional details on the types of
evidence and documentation that peers will review to make
recommendations to the Department for the approval of State assessment
systems.

Standards and Assessments Guidance

## I. INTRODUCTION {#i.-introduction .List-Roman-Numeral}

A.  GENERAL INFORMATION [1](#A)

A-1. What are academic standards?

A-2. What are the principal requirements for standards and assessments
in *The No Child Left Behind Act*?

A-3. Has the federal government provided funds to States to develop and
implement the standards and assessments required by *No Child Left
Behind*?

## II. ACADEMIC STANDARDS {#ii.-academic-standards .List-Roman-Numeral}

B.  GENERAL ISSUES 5

B-1. For what subjects must a State adopt and implement academic
standards?

B-2. Do State academic standards apply to all public school children?

B-3. Whom must a State involve in the development of its academic
standards?

B-4. Does the U.S. Department of Education approve the content of a
State\'s standards?

C.  academic content standards 6

C-1. What are the requirement for academic content standards for grades
3-8 in reading/language arts and mathematics?

C-2. What are the requirements for academic content standards at the
high school level?

C-3. What are the requirements for academic content standards in
science?

> C-4. What is the timeline for States to submit evidence to the U.S.
> Department of Education that they have adopted challenging academic
> content standards?

D. Academic achievement
standards.............................................7

D.1. Must a State have student academic achievement standards for every
grade and subject assessed?

D-2. How many levels of academic achievement standards must a State
have?

D-3. What is the timeline for States implementing academic achievement
standards and for States submitting such evidence to the U.S. Department
of Education?

**[III. ACADEMIC ASSESSMENTS]{.underline}**

E. GENERAL
ISSUES..............................................................................9

E-1. For what subjects and grades must a state develop and administer
academic assessments?

E-2. May a State use end-of-course tests to fulfill the requirements for
assessments at the high school level?

E-3. What is the timeline for States submitting evidence to the U.S.
Department of Education that they have developed and implemented the
assessments required by No Child Left Behind?

E-4. Are States that have not fully implemented the assessment
requirements of the 1994 ESEA reauthorization required to meet all the
assessment deadlines of No Child Left Behind?

E-5. Must a State\'s assessment system include all public school
students?

E-6. If a State administers assessments in subjects other than
reading/language arts, mathematics, and science, must the State include
all public school students?

F. DESIGN OF STATE ASSESSMENT
SYSTEMS..........................................11

F-1. What are the principal requirements for the design of a State\'s
academic assessment system?

F-2. What is a coherent assessment system?

F-3. What is alignment?

F-4. What are State responsibilities for the validity and reliability of
assessments?

F-5. What are the different types of assessments that States may use in
the design of their assessment systems?

F-6. Must a State\'s assessments be uniform statewide or may a State
employ a combination of State and local assessments in its assessment
system?

**[IV. issues related to special populations and standards and
assessments]{.underline}**

G. GENERAL
ISSUES...............................................................................16

G-l. What are a State\'s responsibilities for the design of its
assessment system for students with disabilities, students covered under
Section 504, and students with limited English proficiency?

G-2. What are accommodations?

G-3. What are alternate assessments?

H. STUDENTS ELIGIBLE UNDER IDEA AND sECTION
504...........................17

H-1. Who decides which students with disabilities will receive
assessment accommodations?

H-2. What assessment accommodations may be provided for students with
disabilities and students covered under Section 504?

H-3. Which students should take an alternate assessment?

H-4. May IEP teams exempt students with disabilities or may placement
teams exempt students covered under Section 504 from participating in a
State\'s assessment system?

H-5. Is parental permission required for students with disabilities or
students covered under Section 504 to participate in a State\'s
assessment system?

H-6. What is out-of-level testing and may students with disabilities and
students covered under Section 504 be tested using out-of-level testing?

I. LIMITED ENGLISH PROFICIENT (LEP)
STUDENTS.................................19

I-1. What assessments are required for LEP students?

I-2. What accommodations are allowed for LEP students on a State\'s
academic assessments?

I-3. Must States provide for native language assessments?

I-4. How long may States administer native language assessments in
reading/language arts to LEP students?

J. MIGRANT AND OTHER MOBILE
STUDENTS..........................................20

J-1. Must a state include migrant and other mobile students who have not
attended a school or LEA for a full academic year in the State\'s
assessment system?

J-2. Must a State include migrant students in its assessments if the
migrant children are on schedule to return to their \"home base\" school
and will participate in that State\'s assessment?

J-3. How might States work together to ensure that migrant children who
are absent for the State assessment in their \"home base\" State have an
opportunity to take the test?

J-4. What procedures might a State implement to ensure that assessment
data are reliably disaggregated for migrant children for reporting
purposes?

J-5. Should States work together to share the student assessment data
for migrant students and other mobile students?

k\. PRIVATE SCHOOL
STUDENTS............................................................22

K-1. Do State academic standards apply to students attending private
schools?

K-2. Must States include students attending private schools in their
academic assessment systems?

K-3. May Title I funds be used to assess private school children?

> K-4. How must States apply standards and assessments to students with
> disabilities placed in private schools by a public agency?

## V. ASSESSMENT DATA  {#v.-assessment-data .List-Roman-Numeral}

L. DISAGGREGATION OF DATA FOR REPORTING PURPOSES..................\...24

L-1. For what subgroups must a State disaggregate and report assessment
results?

L-2. Are there instances when a State does not have to disaggregate and
report assessment results for subgroups?

M. ASSESSMENT
REPORTS.....................................................................25

M-1. What are student assessment reports?

M-2. What are itemized score analyses?

[Vi. ASSESSMENTS OF ENGLISH LANGUAGE PROFICIENCY]{.underline}

N. ASSESSMENTS OF ENGLISH LANGUAGE PROFICIENCY........................27

N-1. What are the requirements for testing English language proficiency
under Title I and Title III?

N-2. Must an SEA use a common assessment of English language proficiency
statewide or may an SEA use multiple assessments?

## VII. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS {#vii.-national-assessment-of-educational-progress .List-Roman-Numeral}

O. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.....................28

O-1. What is the National Assessment of Educational Progress (NAEP)?

O-2. What are the requirements for participation in NAEP?

O-3. Will the Federal government provide assistance to SEAs and LEAs for
their participation in NAEP assessments?

O-4. Who takes NAEP assessments?

O-5. Are accommodations offered for LEP students and students with
disabilities during NAEP assessments?

O-6. How are NAEP assessment results reported?

O-7. Will NAEP data be used to measure a State\'s adequate yearly
progress?

## VIII. Federal Funds for State standards and assessments {#viii.-federal-funds-for-state-standards-and-assessments .List-Roman-Numeral}

P. federal funds for state standards and assessments............30

P-1. What federal funds are available for state standards and
assessments?

P-2. How may States use their Section 6111 Grants for State Assessments
and Related Activities?

P-3. What is the Section 6112 Grants for Enhanced Assessment Instruments
Program?

P-4. May States use their consolidated State-level administrative funds
to pay for standards and assessments?

P-5. May States use their State-level Title III funds for the
development or purchase of English language proficiency assessments?

# Standards and Assessments: Guidance

## I. INTRODUCTION {#i.-introduction-1 .List-Roman-Numeral}

A. generAL information[]{#A .anchor}

A-1. What are academic standards?

Academic standards refer to statements of expectations for student
learning and achievement. Academic standards are composed of both
academic content standards and student academic achievement standards.

**[Academic Content Standards]{.underline}**

> Academic content standards specify what all students are expected to
> know and be able to do. Academic content standards must contain
> coherent and rigorous content and encourage the teaching of advanced
> learning.

Academic content standards should be clear and specific and give
teachers, students, and parents sufficient direction to guide teaching
and learning. Additionally, academic content standards should be
understandable for educators to teach the expected content in their
classrooms and for students to attain to the expected high levels of
achievement. Thus, academic content standards should be written in
clear, jargon-free, and straightforward prose that is accessible to a
wide range of audiences.

**[Student Academic Achievement Standards]{.underline}**

Student academic achievement standards (called performance standards
under the 1994 reauthorization of the Elementary and Secondary Education
Act) are explicit definitions of what students must know and be able to
do to demonstrate proficiency. Achievement standards further define
content standards by connecting them to information that describes how
well students are acquiring the knowledge and skills contained in
academic content standards. Thus, it is essential that a State\'s
achievement standards be aligned with its content standards.

Academic achievement standards should be conceptualized as a system that
includes the following components:

-   [Achievement levels]{.underline} \-- Labels for the levels of
    student achievement that convey the degree of student achievement in
    a given content area. Each achievement level encompasses a range of
    student achievement.

-   [Achievement descriptors]{.underline} \-- Descriptions of the
    competencies associated with each level of achievement. Achievement
    descriptors describe what students at each achievement level know
    and can do.

-   [Exemplars]{.underline} \-- Examples of student work that illustrate
    the range of achievement in a content area within each achievement
    level.

-   [Cut scores]{.underline} \-- Scores on an assessment that separate
    one level of achievement from another.

**A-2. What are the principal requirements for standards and assessments
in *The No Child Left Behind Act*?**

To ensure that all public school students have access to a high-quality
and challenging education and become proficient in the core academic
subjects of reading/language arts, mathematics, and science, States will
develop and implement academic content and achievement standards in
these subjects and administer annual assessments aligned to the
standards. Additionally, because English language proficiency is
essential for academic success, States must also administer annual
assessments of English language proficiency to measure and be held
accountable for limited English proficient students\' progress in
acquiring English. Finally, States and districts are required to
participate in biennial reading and math assessments of the National
Assessment of Educational Progress.

**[Academic Content and Student Achievement Standards]{.underline}**

-   By May 2003, as part of a State\'s consolidated application, States
    must have challenging academic content standards in reading/language
    arts and mathematics to cover each of grades 3-8. Additionally, as
    required under the 1994 ESEA, States must continue to have academic
    content standards for grades 10-12 in reading/language arts and
    mathematics.

-   By the 2005-2006 school year, States must develop academic content
    standards in science for elementary (grades 3-5), middle (grades
    6-9), and high school (grades 10-12).

-   By the 2005-2006 school year, States must develop and implement
    student achievement standards in reading/language arts and
    mathematics for each of grades 3 through 8. As required under the
    1994 ESEA, States must continue to have academic achievement
    standards for grades 10-12 in reading/language arts and mathematics.

-   By the 2007-2008 school year, States must develop and implement
    student achievement standards in science for each of the grade spans
    3-5, 6-9, and 10-12.

**[Assessments of Academic Standards]{.underline}**

-   By the 2005-2006 school year, States must develop and implement
    yearly, high-quality assessments in reading/language arts and
    mathematics in each of grades 3 through 8 that are aligned with a
    State\'s challenging academic content and achievement standards. The
    requirement for annual assessments in reading/language arts and
    mathematics at least once in the grade span 10-12 remains and has
    not changed from the 1994 ESEA reauthorization.

-   By the 2007-2008 school year, States must develop and implement
    yearly, high-quality annual assessments in science that are aligned
    with a State\'s challenging academic content and achievement
    standards at least once in each of the grade spans 3-5, 6-9, and
    10-12.

-   A State\'s assessments in reading/language arts and mathematics must
    be used to make annual accountability determinations of how well all
    students in public elementary and secondary schools are learning and
    mastering the subject material reflected in a State\'s academic
    content and achievement standards.

-   Student achievement on assessments must be included in the new State
    and district report cards that must be first issued beginning with
    the 2002-2003 school year.

**[Assessments of English Language Proficiency]{.underline}**

-   By the 2002-2003 school year, local school districts must administer
    annual assessments of English proficiency to all students with
    limited English proficiency.

-   States must assist school districts enrolling limited English
    proficient students to develop the capacity to comply with this new
    requirement.

**[National Assessment of Educational Progress (NAEP)]{.underline}**

-   States must participate in State NAEP assessments in reading and
    mathematics at grades four and eight once every two years.

-   Local educational agencies that receive Title I funds, if selected
    as part of the NAEP sample, must participate in the biennial State
    NAEP assessments in reading and mathematics at grades four and
    eight.

-   The biennial State NAEP assessments in reading and mathematics at
    grades four and eight will be administered in odd-numbered years,
    beginning with 2003.

**A-3. Has the federal government provided funds to States to develop
and implement the standards and assessments required by *No Child Left
Behind*?**

Yes. For fiscal year 2002, Congress has appropriated \$387 million
dollars for states to develop and implement the standards and
assessments required by No Child Left Behind. Additionally, States may
use their federal State administration funds to pay for standards and
assessments. Finally, funds will be provided to cover State and district
administrative costs associated with their participation in the biennial
NAEP assessments in reading and mathematics. Please see Section VIII,
\"Federal Funds for State Standards and Assessments,\" for additional
information about these and additional federal funds available to States
for standards and assessments.

## Ii. academic standards {#ii.-academic-standards-1 .List-Roman-Numeral}

B. General information

**B-1. For what subjects must a State adopt and implement academic
content and achievement standards?**

States must have academic content and student achievement standards in
reading/language arts and mathematics, and (beginning in the 2005-2006
school year) science. These standards must include the same knowledge
and levels of achievement expected of all public school students in the
State.

**B-2. Do State academic standards apply to all public school
children?**

> Yes. States must hold all public elementary and secondary school
> students to the same challenging academic content and achievement
> standards in all subjects for which it has developed standards. All
> students are expected to achieve to the same high levels of learning.
> Further, if a school district serves students under Title I in
> subjects for which a State has not developed academic standards, a
> State must develop strategies for ensuring that those students are
> taught the same knowledge and skills and held to the same expectations
> for achievement as are all other students in those subjects.

**B-3. Whom must a State involve in the development of its academic
standards?**

A State must develop its academic standards with broad-based
consultation, including local educational agencies, teachers,
principals, pupil services personnel, administrators, other staff, and
parents.

**B-4. Does the U.S. Department of Education approve the content of a
State\'s academic standards?**

No. The U.S. Department of Education does not review or approve the
quality of States\' academic content and achievement standards. Instead,
States submit evidence that they have adopted academic standards in the
required subjects and grade levels and a description of their process
for developing such standards.

As States have done under the 1994 reauthorization of the Elementary and
Secondary Education Act, a State may revise any academic standard
adopted before or after the enactment of the No Child Left Behind Act of
2001. A State making significant changes to its academic standards,
including, for example, changes in content standards that affect the
alignment between academic standards and assessments or the addition,
deletion, or combination of achievement levels, must provide the
Department with appropriate information about these changes. More
detailed information regarding what constitutes a significant change to
a State\'s academic standards may be found in the forthcoming Technical
Addendum for Standards and Assessments.

C. academic content standards

**C-1. What are the requirement for academic content standards for
grades 3-8 in reading/language arts and mathematics?**

A State\'s academic content standards for reading/language arts and
mathematics may be grade specific or may cover more than one grade if
grade-level content expectations are provided for each of grades 3
through 8.

**C-2. What are the requirements for academic content standards at the
high school level?**

At the high school level, a State\'s academic content standards for
reading/language arts, mathematics, and science must define the
knowledge and learning that all high school students are expected to
know and be able to do. High school academic content standards may be
grade specific, may cover more than one grade, or may be course
specific.

**C-3. What are the requirements for academic content standards in
science?**

At the elementary and middle school levels, a State\'s academic content
standards in science may be grade-specific or may cover more than one
grade. At the high school level, State academic content standards must
define the knowledge and learning that all high school students are
expected to know and be able to do in science and may be grade specific,
cover more than one grade, or be course specific.

**C-4. What is the timeline for States to submit evidence to the U.S.
Department of Education that they have adopted challenging academic
content standards?**

As part of its consolidated application submission, a State must submit
evidence to the Department by [May 1, 2003]{.underline}, that it has
adopted challenging content standards in reading/language arts and
mathematics at each grade level for grades 3 through 8, or disseminated
grade-level expectations for reading/language arts and mathematics for
grades 3 through 8 to LEAs and schools if the State's academic content
standards cover more than one grade level.

Additionally, in its [May 1, 2003]{.underline}, consolidated application
submission, a State must provide to the Department a detailed timeline
for adopting challenging academic content standards in science. No later
than [May 1, 2006]{.underline}, but as soon as available, a State will
submit evidence to the Department that the State has adopted challenging
academic standards in science.

For more detailed information on the types of information States may
submit as evidence for their academic content standards, please see the
forthcoming Technical Addendum for Standards and Assessments.

D. Academic achievement standards

**D-1. Must a State have academic achievement standards for every grade
and subject assessed?**

Yes. A State must develop academic achievement standards for every grade
and subject assessed, even if the State\'s academic content standards
cover more than one grade.

**D-2. How many levels of academic achievement standards must a State
have?**

A State\'s system of academic achievement standards must describe two
levels of high achievement (proficient and advanced) that determine how
well students are mastering a State\'s academic content standards and a
third level of achievement (basic) to provide information about the
progress of lower-achieving students toward mastering the proficient and
advanced levels of achievement. States have the flexibility to give
different names to these three levels of achievement. For example, Maine
calls its achievement levels: exceeds standards, meets standards, and
partially meets standards.

States also have the flexibility to have more than three levels of
student academic achievement standards. For example, Louisiana reports
five levels of achievement: advanced, proficient, basic, approaching
basic, and unsatisfactory. However, States choosing to add additional
levels must ensure that these additional levels do not result in lower
expectations for students served by Title I. All students are expected
to achieve to proficient or advanced levels of achievement.

**D-3. What is the timeline for States implementing academic achievement
standards and for States submitting such evidence to the U.S. Department
of Education?**

States must implement their systems of academic achievement standards
for each of grades 3 through 8 in reading/language arts and mathematics
by the 2005-2006 school year. States are to submit evidence of these
academic achievement standards to the Department by December 2006.
Additionally, in their May 1, 2003, consolidated application
submissions, States must provide a detailed timeline for meeting these
deadlines.

With respect to academic achievement standards in science, States must
develop achievement levels and descriptions no later than the 2005-2006
school year and their assessment scores (\"cut scores\") no later than
the 2007-2008 school year. States are to submit evidence of their
academic achievement standards for science by December 2008. In the May
1, 2003, consolidated application submission, States must provide a
detailed timeline for meeting these deadlines for science academic
achievement standards.

For more detailed information on the types of information States may
submit as evidence for their student academic achievement standards,
please see the forthcoming Technical Addendum for Standards and
Assessments.

## III. ACADEMIC ASSESSMENTS {#iii.-academic-assessments .List-Roman-Numeral}

E. GENERAL ISSUES

**E-1. For what subjects and grades must a state develop and administer
academic assessments?**

The timeline for developing and administering academic assessments under
No Child Left Behind unfolds in three stages:

-   Through the 2004-2005 school year, a State must administer annual
    assessments in reading/language arts and mathematics at least once
    during grades 3 through 5; grades 6 through 9; and grades 10 through
    12.

-   Beginning no later than the 2005-2006 school year, a State must
    administer annual assessments in reading/language arts and
    mathematics in each of grades 3 through 8 and at least once in
    grades 10 through 12.

-   Beginning no later than the 2007-2008 school year, a State must
    administer annual assessments in science at least once in grades 3
    through 5; grades 6 through 9; and grades 10 through 12.

**E-2. May a State use end-of-course tests to fulfill the requirements
for assessments at the high school level?**

Yes. A State may use end-of -course tests at the high school level,
provided that the end-of-course assessment is for a high school course
that all students are required to take to graduate from high school and
provided that the assessment measures the depth and breadth of the
content that the State expects all high school students to know and be
able to do by the time they graduate.

**E-3. What is the timeline for States submitting evidence to the U.S.
Department of Education that they have developed and implemented the
assessments required by No Child Left Behind?**

States are to submit evidence of the required academic assessments in
reading/language arts and mathematics to the Department by December
2006. Additionally, in their May 1, 2003, consolidated application
submissions, States must provide a detailed timeline for meeting the
statutory deadlines for implementing reading/language arts and
mathematics assessments.

With respect to academic assessments in science, States are to submit
evidence of their assessments by December 2008. In the May 1, 2003,
consolidated application submission, States must provide a detailed
timeline for meeting the statutory deadline for science assessments.

For more detailed information on the types of information States may
submit as evidence for their assessment systems, please see the
forthcoming Technical Addendum for Standards and Assessments.

**E-4. Are States that have not fully implemented the assessment
requirements of the 1994 ESEA reauthorization required to meet all the
assessment deadlines of No Child Left Behind?**

Yes. States that are working under timeline waivers or compliance
agreements for meeting the standards and assessments requirements of the
1994 ESEA must concurrently complete the tasks of their timeline waivers
and compliance agreements on time and meet the standards and assessment
requirements of No Child Left Behind on time. Section 1111 (g)(1)(B) of
No Child Left Behind expressly prohibits the Department from entering
into additional compliance agreements and timeline waivers or extending
the deadlines of current timeline waivers and compliance agreements for
meeting the requirements of the 1994 ESEA. Additionally, the Secretary
must withhold 25 percent of Title I administrative funds from any State
that fails to meet its deadlines for the 1994 ESEA requirements until
such time as the State meets the 1994 requirements. Finally, the
Secretary does not intend to grant any waivers or extensions of time to
States for meeting the standards and assessment requirements of No Child
Left Behind.

**E-5. Must a State\'s assessment system include all public school
students?**

Yes. A State must include all public school students in the grades and
subjects assessed in its assessment system. States, districts, and
schools must assess all students, regardless of whether a student is to
be included for reporting or accountability purposes and regardless of
the amount of time the student has been enrolled in the State, district,
or school. All public school students present in the State on the days
on which State assessments are administered are expected to take State
assessments.

**E-6. If a State administers assessments in subjects other than
reading/language arts, mathematics, and science, must the State include
all public school students?**

Yes. A State must include all public school students in all grades and
in all subjects for which the State administers assessments.

F. DESIGN OF STATE ASSESSMENT SYSTEMS

**F-1. What are the principal requirements for the design of a State\'s
academic assessment system?**

A State\'s assessment system must meet the following principal
requirements:

-   Be the same assessment system used to measure the achievement of all
    public school students in the State.

-   Be designed to provide coherent information about student attainment
    of state standards across grades and subjects.

-   Be designed to be valid and accessible for all students, including
    students with disabilities and students with limited English
    proficiency.

-   Be aligned with the State\'s challenging academic content and
    student achievement standards.

-   Express student results in terms of the State\'s student academic
    achievement standards.

-   Be valid, reliable, and of adequate technical quality for each of
    the purposes for which the assessment system is used and be
    consistent with nationally recognized professional and technical
    standards.

-   Involve multiple up-to-date measures of student academic
    achievement, including measures that assess higher-order thinking
    skills and understanding of challenging content.

-   Objectively measure academic achievement, knowledge, and skills
    without evaluating or assessing personal family beliefs and
    attitudes.

-   Enable results to be disaggregated within each State, LEA, and
    school by gender, each major racial and ethnic group, migrant
    status, students with disabilities, students with limited English
    proficiency, and economically disadvantaged students.

-   Produce individual student reports.

-   Enable itemized score analyses.

Detailed and technical information regarding each of the above
requirements may be

found in the forthcoming Technical Addendum for Standards and
Assessments.

**F-2. What is a coherent assessment system?**

A State\'s assessment system should provide coherent information about
student attainment of state standards across grades and subjects.
Student achievement results should be comparable from one grade level to
the next so that student progress can be tracked from year to year.
Further, as student knowledge and learning grows more sophisticated as
they progress through the grades, the knowledge and skills assessed
should be more sophisticated from one grade to the next. For example, a
State\'s 5th grade math assessment should assess more challenging
content than a State\'s 4th grade assessment and the 6th grade
assessment should assess more challenging content than the 5th grade
assessment.

**F-3. What is alignment?**

Alignment is the match between the expectations of student learning
described in a State\'s academic standards and a State\'s assessments.
In an aligned assessment system, State academic content standards
comprise the content of the assessment. A curriculum aligned with the
State\'s standards is necessary for students to achieve and demonstrate
proficiency on a State\'s tests.

For there to be alignment, it is essential that an assessment measure
the depth and breadth of the State academic content standards for a
given grade level. Assessments that devote a disproportionate number of
items to a small subset of the content and skills specified in the
standards or that focus on peripheral, rather than significant content,
are not well aligned.

The following dimensions are important for judging the alignment between
standards and assessments:

-   *Comprehensiveness*: Does the assessment reflect the full range of
    the standards?

-   *Content and Performance Match*: Does the assessment measure what
    the standards state students should both know and be able to do?

-   *Emphasis*: Does the assessment reflect the same degree of emphasis
    on the different content standards as is reflected in the standards?

-   *Depth*: Does the assessment reflect the cognitive demand and depth
    of the standards? Is the assessment as cognitively demanding as the
    standards?

-   *Consistency with achievement standards*: Does the assessment
    provide results that reflect the meaning of the different levels of
    achievement standards?

-   *Clarity for users*: Is the alignment between the standards and
    assessments clear to all members of the school community?

More detailed and technical information regarding the methodology for
checking alignment and the types of information States may submit to
provide evidence of alignment between standards and assessments is
provided in the forthcoming Technical Addendum for Standards and
Assessments.

**F-4. What are State responsibilities for the validity and reliability
of assessments?**

A State\'s academic assessment system must be valid and reliable for the
purposes for which the assessment system is used and it must be
consistent with relevant, nationally recognized professional and
technical standards for assessment. States must document the technical
quality of their assessments with evidence both about the assessment
instruments themselves and about how the assessment results are used. If
a State\'s assessment system includes locally developed assessments, the
State is responsible for ensuring that the local assessments meet the
required technical standards. A State may require that localities
collect evidence of technical quality, or the State may itself collect
such evidence.

[Validity]{.underline}

Validity is the extent to which an assessment measures what it is
supposed to measure and the extent to which inferences and actions made
on the basis of test scores are accurate and appropriate. For example,
if a student performs well on a reading test, how confident are we that
the student is a good reader? A valid standards-based assessment is
aligned with the intended learning and knowledge to be measured and
provides an accurate and reliable measurement of student achievement
relative to the standard.

[Reliability]{.underline}

Reliability is the degree to which the results of an assessment are
dependable and consistently measure student knowledge and skills.
Reliability is an indication of the consistency of scores across
different tasks or items that measure the same thing, across raters, and
over time. Thus, reliability may be expressed as the relationship
between test items intended to measure the same learning or knowledge
(item reliability), the relationship between two administrations of the
same test to the same student or students (test/retest reliability), or
the degree of agreement across two graders (rater reliability).

More detailed information on validity and reliability may be found in
the forthcoming Technical Addendum for Standards and Assessments.

**F-5. What are the different types of assessments that States may use
in the design of their assessment systems?**

A State may include either criterion-referenced assessments or augmented
norm-referenced assessments in its assessment system. States wanting to
use a norm-referenced assessment at a particular grade must augment that
assessment with additional items as necessary to measure accurately the
depth and breadth of the State\'s academic content standards and the
assessment must express student results in terms of the State\'s student
academic achievement standards.

Additionally, a State that includes a combination of criterion and
norm-referenced assessments in its assessment system must demonstrate
that the system has a rational and coherent design that:

-   Identifies the assessments to be used.

-   Indicates the relative contribution of each assessment towards
    ensuring alignment with the State\'s academic content standards and
    towards determining the adequate yearly progress of each school and
    LEA.

-   Provides information regarding the progress of students relative to
    the State\'s academic standards.

[Criterion-referenced assessment]{.underline}: An assessment in which a
student\'s performance is compared to a specific learning objective or
achievement standard (e.g., State standards) and not the performance of
other students. Criterion-referenced assessments measure how well
students are achieving on specific goals or standards rather than
measuring how well their performance compares to a norm group of
students nationally or locally. In criterion-referenced assessments, it
is possible that all of the students tested will reach a particular goal
or achievement standard.

[Norm-referenced assessment]{.underline}: An assessment where student
performance is compared to the performance of a larger group (the norm
group). Usually the larger group or \"norm group\" is a national sample
representing a wide and diverse cross-section of students.

[Augmented norm-referenced assessment]{.underline}: An assessment in
which select items from a norm-referenced assessment are combined with
additional items written specifically to assess State content standards
not covered by a norm-referenced assessment.

**F-6. Must a State\'s assessments be uniform statewide or may a State
employ a combination of State and local assessments in its assessment
system?**

A State\'s assessment system may employ either a uniform set of
assessments statewide or a combination of State and local assessments.
States using a combination of State and local tests must address issues
of comparability and equivalency. For example, will proficiency on one
local assessment be comparable to proficiency on another local
assessment? States must be able to judge equitably the performance of
their schools, something that cannot be done when school performance is
more a factor of the variance in local assessments than a factor of the
teaching and instruction the schools are providing their students.
Additionally, States must consider how they will aggregate to the State
level the results from local assessments as is required by No Child Left
Behind.

States that choose to include a combination of State and local
assessments will need to demonstrate that their system has a rational
and coherent design that:

-   Identifies the assessments to be used at the State and local levels.

-   Indicates the relative contribution of each assessment towards
    ensuring alignment with the State\'s academic content standards and
    towards determining the adequate yearly progress of each school and
    LEA.

-   Provides information regarding the progress of students relative to
    the State\'s academic standards.

Further, a State that includes local assessments must also:

-   Establish technical criteria to ensure that each local assessment
    addresses the depth and breadth of the State\'s academic standards;
    is valid, reliable, and of high technical quality; expresses student
    results in terms of the State\'s academic achievement standards; and
    is designed to provide a coherent system across grades and subjects.

-   Demonstrate that all local assessments are equivalent in their
    content coverage, difficulty, and quality to one another and to
    State assessments; have comparable validity and reliability with
    respect to groups of students described in section 1111(b)(2)(C)(v);
    and provide unbiased, rational, and consistent determinations of the
    annual progress of schools and LEAs within the State.

-   Review and approve each local assessment to ensure that it meets or
    exceeds the State\'s technical quality for assessments.

-   Be able to aggregate, with confidence, data from local assessments
    to determine whether the State had made adequate yearly progress.

## IV. issues related to special populations and standards and assessments {#iv.-issues-related-to-special-populations-and-standards-and-assessments .List-Roman-Numeral}

G. GENERAL ISSUES

**G-l. What are a State\'s responsibilities for the design of its
assessment system for students with disabilities, students covered under
Section 504, and students with limited English proficiency?**

> A State\'s assessment system must be designed to be valid and
> accessible for use by the widest possible range of students, including
> students with disabilities, students covered under Section 504, and
> students with limited English proficiency. All the phases of
> assessment development, including test conceptualization, test
> construction, test tryout, test item analysis, and test revision,
> should take into account the wide range of various student populations
> in the State.

.

**G-2. What are accommodations?**

> Accommodations are changes in testing materials or procedures that
> ensure that an assessment measures the student's knowledge and skills
> rather than the student's disabilities or English proficiency.
>
> Accommodations are generally grouped into the following categories:

-   Presentation (e.g., repeat directions, read aloud, use of larger
    bubbles, etc.)

-   Response (e.g., mark answers in book, use reference aids, point,
    etc.)

-   Setting (e.g., study carrel, special lighting, separate room, etc.)

-   Timing/Scheduling (e.g., extended time, frequent breaks, etc.)

**G-3. What are alternate assessments?**

An alternate assessment is an assessment designed for students with
disabilities who are unable to participate in a regular assessment, even
when accommodations are provided. Alternate assessments are a way for
all students with disabilities to participate in and benefit from
assessment systems.

An alternate assessment must be aligned to the State\'s content and
student achievement standards, must report student achievement with the
same frequency and level of detail as the State\'s regular assessment,
and must serve the same purpose as the assessment for which it is an
alternate.

H. STUDENTS ELIGIBLE UNDER IDEA AND sECTION 504

**H-1. Who decides which students with disabilities will receive
assessment accommodations?**

> If the child is a child with a disability as defined by the
> Individuals with Disabilities Education Act (IDEA), Title I and IDEA
> regulations call for the student's Individualized Education Program
> (IEP) team to determine the accommodations needed to measure academic
> achievement. If the child is covered under section 504 of the
> Rehabilitation Act of 1973 (Section 504), Title I regulations call for
> the student's placement team to determine the accommodations needed to
> measure the academic achievement.

Decisions about assessment accommodations are to be made on the basis of
individual student characteristics and needs, not on the basis of labels
(such as category of disability). In determining which students require
accommodations during Title I assessments, it is important to be aware
of the role of accommodations in instruction and in assessment.

**H-2. What assessment accommodations may be provided for students with
disabilities and students covered under Section 504?**

> Students with disabilities and students covered under Section 504 must
> be provided with appropriate accommodations, when necessary, to enable
> participation in State assessments. States must ensure that all
> students with disabilities and students covered under Section 504
> participate in the State assessment system. Decisions regarding
> accommodations are made by a student\'s IEP team or placement team and
> should be made on the basis of individual student needs, not on the
> basis of labels (such as category of disability).
>
> The accommodations that students receive on State assessments should
> be similar to those routinely provided to students during classroom
> assessment. For example, if a student regularly is given extra time to
> complete a test or quiz or offered the opportunity to take a test in a
> separate room, an appropriate accommodation for that student on the
> State\'s assessments might be the provision of extra time or a
> separate room. Accommodations should not be introduced for the first
> time during an assessment.

**H-3. Which students should take an alternate assessment?**

> The vast majority of students with disabilities should be able to
> participate in the regular State assessment with appropriate
> accommodations, if needed. The need for alternate assessment depends
> on the individual needs of the child, not the category of the child\'s
> disability. Using State-established guidelines, IEP teams make the
> determination regarding which students will take an alternate
> assessment. Because alternate assessments are designed for students
> with significant disabilities who are unable to participate in a
> regular assessment, even when accommodations are provided, only a
> relatively small number of students should participate in alternate
> assessments.
>
> Children with disabilities who take an alternate assessment must be
> included in the 95 percent of students who must participate in the
> State\'s assessments in order for a school, district, or State to make
> adequate yearly progress.
>
> States should have guidelines to ensure that alternate assessments are
> used only when appropriate for students with significant disabilities
> and must require schools and LEAs to report the percentage of students
> taking an alternate assessment.

**H-4. May IEP teams exempt students with disabilities or may placement
teams exempt students covered under Section 504 from participating in a
State\'s assessment system?**

No. The IEP team or placement team determines [how]{.underline}
individual students participate in assessment programs, [not
whether]{.underline} they participate. The IEP team or placement team
determines that an individual student should take the regular assessment
with or without accommodations or that the student should take the
alternate assessment. The only students with disabilities who are
exempted from participation in State and district-wide assessment
programs are students with disabilities convicted as adults under State
law and incarcerated in adult prisons (34 CFR 300.311(b)(1)). Inclusion
in assessments provides valuable information that benefits students by
indicating individual progress against standards and in evaluating
educational programs.

**H-5. Is parental permission required for students with disabilities or
students covered under Section 504 to participate in a State\'s
assessment system?**

In most States, parental permission is not required for students to
participate in State and local assessment programs. Whatever rules apply
to non-disabled children in a State would also apply to students with
disabilities and students covered under Section 504.

**H-6. What is out-of-level testing and may students with disabilities
and students covered under Section 504 be tested using out-of-level
testing?**

> "Out-of-level" testing means testing students at one grade level using
> tests that were designed for students at other grade levels. Most
> often, this involves testing at a grade lower than the student's
> assigned grade level. Out-of-level testing is very often associated
> with lower expectations for special education students, tracking such
> students into lower-level curriculum with limited opportunities.
> Out-of-level testing may also limit student opportunities for moving
> to the next grade or graduating with a diploma.
>
> Out-of-level testing is not an acceptable means for meeting either the
> assessment or accountability requirements of No Child Left Behind. As
> required by No Child Left Behind, a State\'s assessment system must
> provide appropriate accommodations so that a student covered under
> IDEA or Section 504 of the Rehabilitation Act of 1973 can be held to
> the content and achievement standards for the grade in which the
> student is enrolled.

I. LIMITED ENGLISH PROFICIENT (LEP) STUDENTS

**I-1. What assessments are required for LEP students?**

> There are two assessment requirements for students with limited
> English proficiency (LEP).

-   States must include all LEP students in their state assessment
    system. States may not exempt LEP students from participating in the
    State assessment system in their first three years of attending
    schools in the United States. Inclusion in the State academic
    assessment system must immediately begin when the student enrolls in
    school. No exemptions are permitted based on level of English
    proficiency. Inclusion of LEP students can take the form of
    providing appropriate linguistic accommodations and/or using an
    assessment in the student's native language that is aligned to the
    State content and achievement standards. After three years of
    attending a school in the United States (except for those residing
    in Puerto Rico), students must be assessed in reading/language arts
    in English. If an LEA determines, on a case-by-case individual
    basis, that native language versions of academic assessments would
    yield more accurate and reliable information on what a student knows
    and can do, the LEA may assess a student in reading/language arts in
    the appropriate language other than English for a period that does
    not exceed two additional years.

-   Districts must annually assess their LEP students on their English
    language proficiency in listening, speaking, reading, and writing.
    See Section N - Assessments of English Language Proficiency-for more
    detailed information on this requirement.

**I-2. What accommodations are allowed for LEP students on a State\'s
academic assessments?**

> Accommodations for limited English proficient students may include
> native-language assessments, extra time, small group administration,
> flexible scheduling, simplified instructions, and allowing the use of
> dictionaries. Other accommodations might include providing audio-taped
> instructions in the native language, allowing students to respond in
> either their native language or English using audiotape, and providing
> additional clarifying information at the end of the test booklet or
> throughout the test (e.g., synonyms for unclear or idiomatic words and
> phrases).

**I-3. Must States provide for native language assessments?**

> To the extent practicable, States must make every effort to develop
> and administer native language assessments, if doing so is likely to
> yield the most accurate and reliable information about what those
> students know and can do. If the administration of native language
> assessments is not practicable, for example, when only a small
> percentage of limited-English students in the State speak a particular
> language, States must offer students of limited English proficiency
> other appropriate accommodations in order to yield accurate and
> reliable information on what those students know and can do in
> subjects others than English.

**I-4. How long may States administer native language assessments in
reading/language arts to LEP students?**

A State must assess, using assessments written in English, the
achievement of any LEP student in meeting the State\'s reading/language
arts academic standards if the student has attended schools in the
United States for three or more consecutive years. An LEA may continue,
for no more than two additional consecutive years, to assess an LEP
student with a native language assessment, if the LEA determines, on a
case-by-case basis, that a student has not reached a level of English
language proficiency sufficient to yield valid and reliable information
on what the student knows and can do on reading/language arts
assessments written in English.

J. MIGRANT AND OTHER MOBILE STUDENTS

**J-1. Must a state include migrant and other mobile students who have
not attended a school or LEA for a full academic year in the State\'s
assessment system?**

Yes. States must include all children in their State assessments,
regardless of the amount of time students have been enrolled in a school
or district in the State and regardless of whether the students are to
be included for reporting and accountability purposes.

**J-2. Must a State include migrant students in its assessments if the
migrant children are on schedule to return to their \"home base\" school
and will participate in that State\'s assessment?**

> Yes. In this situation, some students may be tested twice if they
> travel between two States that test at different times. However, the
> ESEA, as amended by NCLB, requires a State to use the same assessment
> system to measure the achievement of all children. The law and
> regulations also require a State to test all students in the State in
> the grades assessed at the time of the assessment. There are no
> exceptions to this rule. Thus, all migrant students who are enrolled
> in a grade in which a State assessment is administered must be
> included in that assessment\--regardless of the amount of time they
> have been enrolled in a school or their anticipated enrollment in
> another State.

**J-3. How might States work together to ensure that migrant children
who are absent for the State assessment in their \"home base\" State
have an opportunity to take the test?**

In accordance with a State\'s responsibility to promote interstate
coordination of services for migratory children (section 1304(b)(3) of
Title I, Part C), a State that receives a migratory student for a short
period of time during the school year is encouraged to contact and work
with the student\'s \"home-base\" State regarding the feasibility of an
out-of-state administration of the \"home-base\" State\'s assessments.
For example, Texas has arranged to have the Texas Assessment of Academic
Skills (TAAS), a test required for high school graduation in Texas,
administered to migratory students in several other States using local
school personnel trained by Texas in the administration of the TAAS.
Some States currently participating in this arrangement with Texas
include Arkansas, Delaware, Illinois, Iowa, Missouri, Montana, Nebraska,
North Dakota, and Washington.

**J-4. What procedures might a State implement to ensure that assessment
data are reliably disaggregated for migrant children for reporting
purposes?**

It is important for States to develop reliable procedures to ensure that
those children who are assessed and who meet the definition of
\"migratory child\" in section 1309(2) of Title I, Part C are properly
included in the disaggregation by migrant status. Methods such as
self-reporting or teacher identification are not sufficient because of
the complexity of the statutory definition of \"migratory child.\"

An acceptable method might include a State providing each school with a
list of eligible migrant children enrolled in the school. The list
should contain sufficient information for the teacher or assessment
proctor to properly identify and code the assessment forms for all
eligible migrant children. To the extent that a State\'s database of
student assessment information can be modified electronically, a State
might also use data in its migrant student records system to code each
assessment record that contains identical student identification
information. Additionally, States are encouraged to cross-check the
number of disaggregated assessment results for migrant students with
school and grade enrollment data on migrant students maintained by the
State Migrant Education Program to ensure the accounting for all
students.

**J-5. Should States work together to share the student assessment data
for migrant students and other mobile students?**

It is recommended that States coordinate with one another so that
assessment data of migrant and other mobile students are available to
program planners and project staff who work with these students who
temporarily reside in their district or State for a short period of
time. For example, receiving States that operate summer-term only
programs could coordinate with a student\'s \"home base\" State to
obtain academic assessment data that can be used in improving the
alignment of supplemental educational services to student needs.

K. PRIVATE SCHOOL STUDENTS

**K-1. Do State academic standards apply to students attending private
schools?**

No. A State\'s academic standards do not apply to private schools. They
apply to all public schools and public school children in the State,
including the public schools and the public school children served under
Title I.

> **K-2. Must States include students attending private schools in their
> academic assessment systems?**
>
> No. States are not required to include private schools, including
> those whose students receive services under Title, part A, in their
> State academic assessment system.
>
> If an LEA provides services to eligible private school students under
> Title I, part A, the LEA, must, through timely consultation with
> private school officials, determine how services to eligible private
> school students will be academically assessed and how the results of
> that assessment will be used to improve those services.

**K-3. May Title I funds be used to assess private school children?**

> Yes. Title I funds may be used to assess private school children if
> the assessment is being used only for Title I purposes. However, to
> the extent that an assessment is conducted for other purposes, it may
> not be paid for from Title I funds. (See Question K-2 for the
> consultation requirements between LEAs and private school officials
> regarding the assessment of private school students.)
>
> **K-4. How must States apply standards and assessments to students
> with disabilities placed in private schools by a public agency?**
>
> In accordance with Section 300.401(b) of the IDEA regulations,
> students with disabilities who are placed by a public agency in a
> private school as a means for providing special education and related
> services are entitled to an education that meets the standards that
> apply to education provided by the State and LEA. The State\'s
> academic standards should apply to these students, and these students
> should participate in the State\'s academic assessment system. Such
> students\' assessment scores should be used in determining AYP for the
> LEAs that placed them in the private school or facility. Private
> schools and facilities that serve these students should have an
> opportunity to participate in the development and revision of State
> standards that apply to the students with disabilities whom they
> serve.

**[V. ASSESSMENT DATA AND REPORT CARDS]{.underline}**

L. DISAGGREGATION OF DATA FOR REPORTING PURPOSES

**L-1. For what subgroups must a State be able to disaggregate and
report assessment results?**

A State\'s assessment system must be able to disaggregate and report
assessment results within the State, each LEA, and each school by:

-   Gender.

-   Each major racial and ethnic group.

-   English proficiency status.

-   Migrant status as defined in Title I, part C of the Elementary and
    Secondary Education Act.

-   Students with disabilities as defined under section 602(3) of the
    Individuals with Disabilities Education Act.

-   Economically disadvantaged students.

**L-2. Are there instances when a State does not have to disaggregate
and report assessment results for subgroups.**

Yes. First, a State may not use disaggregated data for one or more
subgroups to report achievement results if the number of students in
those subgroups is insufficient to yield statistically reliable
information. Based on sound statistical methodology, a State must
determine and justify the minimum number of students sufficient to yield
statistically reliable information for the purpose of reporting
disaggregated assessment data. In its January 31, 2003, consolidated
application submission, each State must submit to the Department the
minimum number of students that the State has determined to be
sufficient to yield statistically reliable information for each purpose
for which disaggregated data are used and justify this determination.

Second, a State may not use disaggregated data for one or more subgroups
to report achievement results if the results would reveal personally
identifiable information about an individual student. To determine
whether disaggregated results would reveal personally identifiable
information about an individual student, a State must apply the
requirements under section 444(b) of the General Education Provisions
Act (the Family Educational Rights and Privacy Act of 1974).

M. ASSESSMENT REPORTS

**M-1. What are student assessment reports?**

> Under NCLB States will build upon their existing high-quality, yearly
> academic assessments that produce individual student interpretive,
> descriptive, and diagnostic reports (section 1111(b)(3)(C)(xii).
>
> This report must provide information, for each student, regarding his
> or her achievement on academic assessments that are aligned to the
> State's academic content and achievement standards. These reports
> should allow parents, teachers, and principals to understand and
> address the specific academic needs of students.
>
> An individual student report must have the following qualities:

-   Provide valid and reliable information for each student on the
    academic content and achievement standards expected of all students.

-   Display this information in a format and language that is
    understandable to parents, teachers, and principals.

-   Deliver these reports as soon as possible after the assessment is
    administered.

-   Provide detailed information on student achievement to the level
    that maintains the validity and reliability of the assessment
    (subject, competency, skill, etc.).

> Besides these qualities, educational agencies must protect student
> confidentiality and apply this information only for the purposes for
> which it was designed.

**M-2. What are itemized score analyses?**

> NCLB requires States to implement a set of high-quality, yearly
> academic assessments that enable itemized score analyses to be
> produced and reported. (section 1111 (b)(3)(C)(xv)) to help parents,
> teachers, principals, and administrators interpret test results and
> address the specific academic needs of students.
>
> These analyses should provide information to improve student
> achievement, strengthen curriculum alignment, and identify problem
> areas and areas of strong performance for entire schools and
> demographic subgroups of students. The itemized score analyses reports
> do not need to release individual test items or present information on
> individual test items. NCLB requires that itemized score analyses be
> used for the purposes for which they are valid and reliable, and be
> consistent with professional and technical standards. Revealing
> individual test items or detailed information about them may
> compromise the technical integrity of the assessment.
>
> Item analysis, on the other hand, is a term for a collection of test
> development tools that examine the performance of test items when
> applied to a sample of test-takers. At a minimum, item analysis
> examines how difficult an item is for the sample of students and how
> well it discriminated between high and low scorers on the remainder of
> the test. Other analyses could determine if the item performs
> differently for different groups of students (differential item
> functioning) and could be used to reveal bias in a test question.
>
> Item analysis is an important tool that can be used to demonstrate the
> technical quality of an assessment. However, it should not be confused
> with itemized score analyses, which is a reporting capability that is
> required under law.

**[VI. ASSESSMENTS OF ENGLISH LANGUAGE PROFICIENCY]{.underline}**

N. ASSESSMENTS OF ENGLISH LANGUAGE PROFICIENCY

**N-1. What are the requirements for testing English language
proficiency under Title I and Title III?**

> The requirement for testing for English proficiency is the same under
> both Titles I and III. Both Titles I and III require LEAs and SEAs to
> provide for an annual assessment of English language proficiency in
> the four domains of reading, writing, speaking, and listening. Title
> III also requires LEAs and SEAs to report student progress in English
> comprehension. Although Title III requires SEAs and LEAs to report a
> separate score for the domain of comprehension, a separate assessment
> instrument is not required for Title I and Title III. Comprehension
> can be demonstrated through reading and listening. For the measurement
> of reading comprehension, LEAs may report on a student\'s ability to
> read grade-level English proficiency texts with understanding. The
> measurement of listening comprehension includes both the student\'s
> ability to comprehend and respond in social interactions and the
> student\'s ability to understand and perform in academics.

**N-2. Must an SEA use a common assessment of English language
proficiency statewide or may an SEA use multiple assessments?**

No. States do not need to require the use of one particular assessment
by all school districts in the State. However, the use of one English
language proficiency assessment will enhance the ability of the State to
demonstrate progress uniformly throughout the State for reporting
purposes.

If States allow multiple English language proficiency assessments
throughout the State, States should:

-   Set technical criteria for the assessments.

-   Ensure the assessments are equivalent to one another in their
    content, difficulty, and quality.

-   Review and approve each assessment.

-   Ensure that the data from all assessments can be aggregated for
    comparison and reporting purposes, as well as disaggregated by
    English language proficiency levels and grade levels.

##  {#section-1 .List-Roman-Numeral}

## VII. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS {#vii.-national-assessment-of-educational-progress-1 .List-Roman-Numeral}

O. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

**O-1. What is the National Assessment of Educational Progress (NAEP)?**

The National Assessment of Educational Progress (NAEP), also known as
\"the Nation\'s Report Card,\" is a nationally representative and
continuing assessment of what American students know and can do in
various subject areas. Since 1969, NAEP has conducted assessments in
reading, mathematics, science, writing, U.S. history, civics, geography,
and the arts. NAEP does not provide scores for individual students or
schools; instead, it offers results at the national and state level
regarding subject-matter achievement, instructional experiences, and
school environment for populations of students (e.g., 4th, 8th, and 12th
grade students) and subgroups of these populations (e.g., Hispanic
students, female students). NAEP results are based on samples of student
populations tested in selected schools and districts.

**O-2. What are the requirements for participation in NAEP?**

Every State that receives Title I, Part A funds must participate in
NAEP\'s biennial State academic assessments of reading and mathematics
in grades four and eight. Further, all LEAs that receive Title I, Part A
funds and the schools within those LEAs are required to participate in
these biennial State assessments of grades four and eight reading and
math if selected as part of a State\'s NAEP sample. State, LEA, and
school participation in NAEP assessments, other than reading and
mathematics assessments at grades four and eight, is voluntary.

Parents of children selected to participate in NAEP assessments must be
informed before the administration of the assessment that their child
may be excused from participation. The National Center for Education
Statistics (NCES), which administers the NAEP assessments, will assist
schools, school districts, and States in notifying parents of students
selected for NAEP samples about the \"opt out\" provision in federal
law. The manner of such notification shall be determined by the state,
district, or school in which the students are enrolled. NCES will
prepare and disseminate more detailed information on NAEP that is
specifically designed for parents and the public.

**O-3. Will the federal government provide assistance to SEAs and LEAs
for their participation in NAEP assessments?**

> Yes. Starting in 2002, NAEP will take responsibility for the
> administrative support from participating States, districts, and
> schools. NAEP has established a Web site:
> [https://www.mynaep.com/default.asp]{.underline} to notify schools and
> districts about its assessment activities. Further, NAEP supports a
> NAEP State Coordinator in each state who serves as the liaison between
> the State Education Agency and NAEP. The coordinator reviews NAEP
> assessment items and processes, coordinates the NAEP administration in
> the state, analyzes and reports NAEP data, and coordinates the use of
> NAEP results for policy and program planning. In addition, NAEP will
> establish a NAEP State Service Center to provide ongoing support,
> technical assistance, and training for the NAEP State Coordinators,
> answer information requests regarding NAEP, conduct meetings with the
> NAEP State Coordinators and the State Testing Directors, and maintain
> a NAEP Information Center.

**O-4. Who takes NAEP assessments?**

NAEP assesses students in both public and non-public schools in grades
four, eight, and twelve. Between 60 and 120 students from a given school
are selected at random to take NAEP assessments. In a State NAEP sample,
approximately 2,500 students per grade and per subject participate.

**O-5. Are accommodations offered for LEP students and students with
disabilities during NAEP assessments?**

Yes. To ensure that NAEP samples are as representative as possible and
to ensure that a high percentage of sampled students can participate,
NAEP allows certain accommodations for students with disabilities and
for limited English proficient students.

**O-6. How are NAEP assessment results reported?**

NAEP data are aggregated and reported at national and state levels only.
In a few special cases, data may be reported at the district level when
a representative sample of the district is selected. NAEP results may
not be reported for individual students and schools. All NAEP data
related to individual students and their families remain confidential in
accordance with federal law.

**O-7. Will NAEP data be used to measure a State\'s adequate yearly
progress?**

No.

## VIII. Federal Funds for State standards and assessments {#viii.-federal-funds-for-state-standards-and-assessments-1 .List-Roman-Numeral}

P. federal funds for state standards and assessmentS

**P-1. What federal funds are available for State standards and
assessments?**

Federal funds are available to States for the development and
implementation of State standards and assessments through Section 6111
of No Child Left Behind, Grants for State Assessments and Related
Activities, Section 6112, Grants for Enhanced Assessment Instruments,
and through State expenditure of their consolidated State-level
administration funds.

**P-2. How may States use their Section 6111 Grants for State
Assessments and Related Activities?**

Section 6111 of the ESEA provides formula funds to States to pay for the
development of the additional standards and assessments required by
section 1111(b) of the No Child Left Behind Act. For fiscal year 2002,
Congress appropriated \$370 million for Section 6111. The primary
purpose of Section 6111 funds is for the development of the new
standards and assessments required by No Child Left Behind.

If States have already developed the standards and assessments required
by section 1111(b) of NCLB, States may use their section 6111 funds to
pay for the administration of assessments or any of the following other
activities:

-   Developing challenging academic content and student achievement
    standards and aligned assessments in subjects for which standards
    and assessments are not required by NCLB.

-   Developing or improving assessments of limited English proficiency
    to comply with section 1111(b)(7).

-   Ensuring the validity and reliability of State assessments.

-   Refining State assessments to ensure their continued alignment with
    State academic content standards and to improve the alignment of
    curricula and instructional materials.

-   Developing multiple measures to increase the reliability and
    validity of State assessment systems.

-   Strengthening the capacity of LEAs and schools to provide all
    students the opportunity to increase educational achievement,
    including professional development activities aligned with State
    student academic achievement standards and assessments.

-   Expanding the range of accommodations available to students with
    limited English proficiency and students with disabilities to
    improve the rates of inclusion of these students.

-   Improving the dissemination of information on student achievement
    and school performance to parents and the community, including the
    development of information and reporting systems designed to
    identify best practices based on scientifically based research or to
    assist in linking records of student achievement, length of
    enrollment, and graduation over time.

**P-3. What is the Section 6112 Grants for Enhanced Assessment
Instruments Program?**

Section 6112 of the ESEA, \"Grants for Enhanced Assessment
Instruments,\" provides competitive grants to States or consortia of
States to improve the quality, validity, and reliability of State
academic assessments. For fiscal year 2002, \$17 million were
appropriated for these Enhanced Assessment grants.

Section 6112 requires that all States or consortia of States receiving
funding meet the following absolute priorities:

-   Collaborate with institutions of higher education, other research
    institutions, or other organizations to improve the quality,
    validity, and reliability of State academic assessments beyond the
    requirements for the assessments described in section 1111(b)(3) of
    the ESEA.

-   Measure student academic achievement using multiple measures of
    student academic achievement from multiple sources.

-   Chart student progress over time.

-   Evaluate student academic achievement through the development of
    comprehensive academic assessment instruments, such as performance
    and technology-based academic assessments.

Enhancing assessment instruments so that they take into consideration
alternatives for assessing students with disabilities and limited
English proficient students is one of the pressing needs in the area of
assessment. In addition, the complexity of improving assessments calls
for collaborative efforts between and among states to yield approaches
that can be adapted in varied contexts and for effective dissemination
of results that can contribute to ongoing State efforts to improve their
assessment systems. Towards those ends, for fiscal year 2002 the
Secretary established competitive preferences for section 6112 grants
for applications that could advance practice in the areas of
accommodations and alternate assessments for students with disabilities
and/or students with limited English proficiency, for applications that
demonstrated collaborative efforts between States, and for applications
that included an effective plan for dissemination of results.

**P-4. May States use their consolidated State-level administrative
funds to pay for standards and assessments?**

Yes.

**P-5. May States use their State-level Title III funds for the
development or purchase of English language proficiency assessments?**

Yes.

##   {#section-2 .List-Roman-Numeral}