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July 3, 2008  

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ASSESSING THE PERFORMANCE OF STUDENTS WITH DISABILITIES

WHEREAS, the U.S. Department of Education has informed the New York State Education Department (SED) that the state’s practice of administering out-of-level assessments who are performing below grade level and Alternate Assessments (NYSAA) to students with significant cognitive disabilities did not meet the standards of the No Child Left Behind Act; and

WHEREAS, the SED has revised NYSAA in order to align alternate achievement standards with grade-level expectations and plans to implement the revised assessment this year despite failing to ensure that instruction is aligned with the assessment and despite failing to provide training for teachers in the administration of the new assessment; and

WHEREAS, the U.S.DOE has proposed regulations for modified assessments that do not provide an appropriate assessment option for students who are struggling to learn the grade level curriculum multiple grade levels below their non-disabled peers; therefore be it

RESOLVED, that the UFT join with NYSUT, its statewide affiliate, in urging the SED to seek authorization to maintain the current practice of administering out-of-level assessments for students with disabilities who are struggling to meet grade level standards, pending full implementation of modified assessments; and be it further

RESOLVED, that the UFT join with NYSUT to urge the SED to seek at least a two-year phase-out period for administering out-of-level assessments following the adoption of final regulations on modified assessments; and be it further

RESOLVED, that the UFT join with NYSUT in encouraging the SED to insist that the U.S.DOE grant New York State two years to phase in administration of the revised NYSAA and that all teachers responsible for administering it receive appropriate professional development prior to its use; and be it further

RESOLVED, that the UFT join with NYSUT in advocating for an appropriate assessment option for students who are performing many grade levels below their non-disabled peers; and be it further

RESOLVED, that the UFT join with NYSUT to urge the state Legislature to reimburse the SED for any sanctions that may be imposed by the U.S.DOE if it refuses to allow the continued use of out-of-level tests for students with disabilities who are performing below grade level and/or refuses to allow New York State two years to phase in the next NYSAA.

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