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0 <br />In a related finding, we believe that Adequate Yearly Progress, as it is <br />currently defined, is not the best way to measure school performance, since it <br />focuses on sanctions for a school or school system that fails to meet a pre- <br />determined achievement bar, commonly called a out score. Because of unique <br />leaming differences, especially among students with special needs, requiring all <br />students to reach the same cut score or achievement level is a problematic <br />expectation. NCLB requires Limited English Proficient (LEP) students to be <br />tested in English (at grade level) even though they may have had limited time or <br />exposure to English when tested. The law also holds Students with Disabilities, <br />who have been identified because of some learning difficulty, to the same <br />standard of proficiency as all other students.. <br />As educators, we know that these two groups of students with special <br />needs require and deserve additional attention by school personnel to help them <br />achieve "below"-grade-level in most circumstances. So testing special-needs <br />students at grade level and expecting them to achieve at the same pace as their <br />peers without special needs places an undue burden on the students and <br />ultimately limits the school and school system's ability to meet their AYP targets. <br />North Carolina school administrators believe we should report all the test <br />scores but recognize that some students may take a little longer to, or may <br />never, attain "adequate" performance levels because of their special needs. <br />Because this portion of the NCLB law seems so unfair to school staff who are <br />striving to help special populations of students succeed, we risk the possibility <br />that they will either blame some groups of students for hurting their school's <br />reputation, or ignore the law altogether. The testing requirements of special <br />needs students under NCLB, perhaps more than any other of the laws <br />components, need to be reviewed and then followed by a modified plan for <br />implementation, and we respectfully ask the U.S. Department of Education <br />and/or our Congress to initiate this action. <br />ISSUE: NCLB expects all students within a school or school system to achieve <br />the same level of proficiency, despite their limitations or special needs, including <br />those who have Individualized Education Plans (IEPs) or who speak English as a <br />second language. This expectation in reality sets difficult, if not impossible, <br />achievement levels for too many special needs students. <br />RECOMMENDATION: Special education students should be assessed on their <br />individual progress through appropriate measures that recognize their unique <br />learning differences. In addition, test scores for students who speak English as a <br />second language should not be applicable in the AYP determination for a <br />minimum of two years or until the student is deemed English language proficient <br />as determined by a statewide test. <br />4