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Volume 13, No. 4, Fall 2005

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Taking the Annual DSTP with Accommodations

Eliza Hirst, Staff Attorney, Disabilities Law Program

In addition to the natural butterflies students face when they head back to school each fall, the annual Delaware Student Testing Program (DSTP) creates anxiety. The DSTP is daunting for many students, either because of the content or the angst provoked by taking a test that measures student ability against state and national standards.

However, the DSTP can be particularly intimidating for many students with unique needs. At this point, the state only allows 2 percent of students with disabilities to be exempt from the DSTP. While schools allow special education students to take the DSTP with various accommodations, poor test performance may now lead to some devastating educational results for students with disabilities.

The No Child Left Behind Act

The No Child Left Behind Act (NCLB) holds states accountable to the federal government to track Adequate Yearly Progress of student performance by using standardized testing data. Because the goal of the NCLB is to insure that all children receive an adequate education, state measurement tests must include students with disabilities. According to the Southern Disability Law Center, prior to the implementation of the NCLB, poor test takers and students with various disabilities were excluded from tests so that performance results would appear higher. With the implementation of the NCLB, at least 95 percent of students must now be measured by state tests. The 95 percent minimum requires students with accommodations for their disabilities and those who might otherwise be absent to take the state test. The remaining students who do not take the test are those who either take the Delaware Alternative Portfolio Assessment (DAPA) or have an emergency reason for their absence. Astoundingly, 47 of 181 Delaware schools failed to make Adequate Yearly Progress for the 2004-2005 school year based on DSTP results. However, the Act does not require all students to take the state test under the same conditions. Rather, the NCLB, along with IDEA and Section 504, allows for students with disabilities to take the state test with reasonable adaptations and accommodations.

Determining Accommodations

Any student with a disability who receives special education services is eligible to receive various accommodations and modifications to take the DSTP. The task of determining what accommodations or modifications are necessary falls on the Individual Education Program/Section 504 team. When the special education team meets to develop an Individual Education Program (IEP) or a Section 504 Plan, they must fill out a “Students with Disabilities Form” and document the type of accommodations the student will need during test-taking. Generally, the IEP/504 team will offer the same types of accommodations to help a student in the classroom as are provided on the DSTP. However, DSTP accommodations may be more intricate than the accommodations provided in the classroom setting because of the high stakes, length, and complexity of the DSTP.

The Four Types of Testing Measurements under the DSTP

A student may take the DSTP under four different conditions, depending on the student’s disabilities. First, a student with disabilities always has the option of taking the DSTP under standard testing conditions, even when he or she is entitled to accommodations. Second, a student may take the DSTP with specific accommodations recorded in his or her IEP/504 Plan that permit aggregation of test scores with all other test-takers. The Department of Education has determined that certain accommodations do not alter the construct of the test so that they can be compared with results from tests taken under standard conditions. Such accommodations include Braille, enhanced lighting, an assistive listening device, and screen reading software called Kurzweil. Tests may also be aggregated where the student receives accommodations that include preferential seating, audio recorder, videotape, adaptive/special furniture, calculator, supportive software, and auditory feedback.

The third type of testing provides accommodations for a student with disabilities on the DSTP, but the results are not aggregated with other student tests. The reason is that certain accommodations fundamentally alter the DSTP, making it distinct from the test under standard conditions. Before accommodations under nonaggregable conditions are available to a student, the IEP/504 team must undertake a three-step analysis. Each IEP/504 team must assess whether the student has an identified disability that affects reading. Next, the team determines if the student has a physical, sensory, or visual impairment that requires the use of this accommodation. Finally, the team considers whether the student has an IEP goal to address deficits in decoding. Alternatively, the team may decide that the student requires unique accommodations, which ultimately must be approved by the Department of Education DSTP Task Force. Such accommodations include reading aloud written passages, using certain computer programs, or employing other, more involved, accommodations.

Finally, if the IEP/504 team determines the student is unable to participate in the DSTP, based on the student’s disabilities, the student is required to complete the DAPA. The DAPA is only aggregated with other DAPA scores. To reach the conclusion that a student is better suited for the DAPA, the team must review the evidence of significant cognitive disabilities, the required intensity of instruction, and the extent of modified education instruction. Finally, the team must conclude that the exclusion is not based on a categorical label, educational placement, disruptive behavior, or expectation of performance.

What Becomes of Students with Disabilities Who Fail the DSTP?

The idea behind the DSTP is to measure a student’s educational level against other students in his or her grade level along with the state standard of proficiency. Regrettably, a student who receives special education services is evaluated under the same criteria used to measure the performance of students in mainstream educational settings without accommodations. The DSTP breaks down performance into five levels. If a student receives below a Level II, he or she is now required to undergo intensive instruction, including summer school and grade retention, in order to boost test scores. It is no surprise then that, even with appropriate accommodations, some students with disabilities perform poorly on the DSTP.

Like regular education students, special education students must attend summer school if they score below a Level II on the DSTP, unless the IEP/504 team overrides this requirement. At the end of the summer, the student must take a summer version of the DSTP. If the student scores less than a Level III on the summer version of the test, he or she will likely be retained in the same grade. A student’s IEP/504 team may only promote the student if there is a valid reason, but they must first hold an IEP/504 meeting.

Progress from summer school might be futile at best, since a student with a special education plan will not necessarily receive instruction from a qualified special education teacher. According to Martha Brooks from the Department of Education, the summer school teacher must only be qualified to teach generally and have knowledge of the individual student’s IEP. In addition, a student will be retained in the same grade until s/he demonstrates a proficient level of performance on the DSTP, unless the IEP/504 team, the school, and the Department of Education determine advancement is appropriate.

Even more alarming, the state now restricts high schools from awarding a high school diploma to a student who fails to succeed on the DSTP. Instead, the school is limited to awarding a “certificate of performance” to a student who continually performs poorly on the DSTP. The certificate of performance is different from a standard high school diploma because the certificate simply recognizes that the student completed the requirements in his or her IEP, but is unable to attain proficiency on the DSTP and other state requirements. Ultimately, the greatest disappointment regarding the DSTP is that many more students with disabilities will have no chance to obtain a high school diploma.

Remaining Vigilant

Parents, teachers and educators must stay vigilant in assisting students with disabilities because it is not always apparent what types of accommodations students need to succeed on the DSTP. Although the DSTP is still undergoing many changes to comply with the No Child Left Behind Act, the format may be adjusted to accommodate the needs of students with disabilities. Each year, members of a student’s special education team should coalesce to determine if more or different accommodations will improve the student’s likelihood of passing the DSTP. Otherwise, the danger with the DSTP for students with disabilities is not just the possible lack of promotion to the next grade, or even a denial of a high school diploma. The true threat of poor performance on the DSTP is the unremitting blow to the self-esteem of students who may already be struggling to keep up with their peers.

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