Vermont Hopeful on New Education Waivers

Wednesday, July 06, 2005 - 2:15:50 AM

Vermont Hopeful on New Education Waivers
by HOWARD WEISS-TISMAN
Reformer Staff


BRATTLEBORO -- The state is looking for a little flexibility in how it complies with the federal No Child Left Behind law.

Last month, Richard Cate, commissioner of the Vermont Department of Education, sent a letter to the U.S. Department of Education, asking that most disabled students in the public schools be exempt from having to take tests in their grade levels.

Earlier this year, U.S. Secretary of Education Margaret Spellings softened the requirements for the federal education law, and allowed states to apply for waivers that would increase the number of students who could test out of grade level.

Prior to Spellings' announcement, only 1 percent of children in special education could take tests out of their grade level. A 10th-grader with a learning disability could take his or her annual test and be counted in the fourth-grade scores, for example.

In May, Spellings announced that states could apply for the new waiver that would allow up to 3 percent of the children to test out of grade level.

"This would affect students with severe cognitive disabilities," Cate said. "We don't want to frustrate students and force them to take tests that are beyond their abilities. We want to give them some chance to do well on the tests."

If the federal office approves Vermont's request, about 1,600 students would be affected.

The U.S. Department of Education is basing its decisions on which states could increase their number of disabled students taking alternate assessments by looking at test participation rates, how states publish their data, and if states are making progress in raising test scores.

In the past month, Georgia, Virginia, and Maryland were given the new flexibility, while requests from Connecticut and California were denied.

"We're in pretty good shape," Cate said. "I expect our request to be granted."

Cate said he expected to hear from the U.S. Department of Education in September.

"This is a good thing," said Deborah Merchant, director of family and instructional services for the Windham Southeast Supervisory Union. "If you have a child who is reading out of grade level, you don't want them taking that test."

At the local level, Merchant said the decision as to whether a child should test out of grade level is made by the child's special education support team. If the team, made up of teachers, school counselors and district officials, think that the student would benefit by taking alternate tests, they apply to the state.

The ultimate decision is made in Montpelier.

At the May state board of education meeting, Cate said that the department receives about 1,500 requests annually and approves about 20 percent of the requests, according to meeting notes.

He said the new 3 percent limit would likely increase the number of requests but he said the department has a process in place for determining and approving eligibility.

Under the 2001 No Child Left Behind law, schools are required to test every student in math and reading in grades 3-8, and in high school.

The scores are reviewed annually, and schools are expected to make adequate yearly progress.

Test scores are also looked at separately for low-income students, racial minorities and special education students. Scores are expected to rise in every category. If even one category does not show yearly improvements, the school is labeled as not showing annual progress.

The way the law is now written, test scores for a special education student count at that grade level, and often bring down the overall results for the school.

If Vermont receives the federal flexibility, test scores for severely learning disabled students would count in the lower grades at which they perform.