3301-13-03 Establishing provisions for the participation of students with disabilities in required assessments administered at the designated grades.

(A) "Student with disabilities" refers either to a student receiving special education services under Chapter 3323. of the Revised Code in accordance with an individualized education program (IEP) developed pursuant to section 3323.011 of the Revised Code or to a student who has been identified as having a disability based on an evaluation conducted in accordance with section 504 of the Rehabilitation Act of 1973, 29.U.S.C. 794 (January 3, 2005). Such a student within this rule shall be referred to as a section 504 student.

(B) Each participating school and/or district shall adopt a policy and establish procedures regarding the participation of students with disabilities in the required assessments established by rule 3301-13-01 of the Administrative Code. Such policy and procedures shall be consistent with this rule.

(C) All students with disabilities shall take the required assessments established by rule 3301-13-01 of the Administrative Code that are administered to nondisabled students at the designated grades except any student with disabilities who is excused from taking any particular assessment and is required to participate instead in an alternate assessment in accordance with the provisions of paragraph (D) of this rule. For any student with disabilities who takes an assessment that is administered to nondisabled students, the school district shall include that information in the student's IEP, or document that information in writing for a section 504 student, and provide such a student with disabilities with any appropriate accommodations permitted under paragraph (H) of this rule.

(D) A student's IEP team of a participating school, in accordance with Chapter 3301-51 of the Administrative Code, may excuse a student with disabilities from taking any particular assessment that is administered to nondisabled students during any school year. An excused student with disabilities shall participate instead in an alternate assessment approved by the department of education. In accordance with section 3301.0711 of the Revised Code, to the extent possible, students with disabilities shall not be excused from taking a required assessment administered to nondisabled students unless no reasonable accommodation can be made to enable the student to take the assessment. Students with disabilities may be excused and participate instead in an alternate assessment (provided by the department) if either of the criteria stated in paragraph (D)(1) or (D)(2) of this rule applies and if all of the criteria stated in paragraphs (D)(3), (D)(4), (D)(5), and (D)(6) of this rule also apply. (It is anticipated that the number of students who meet these criteria will represent a very small number of the total population of tested students within the participating school.)

(1) A student with disabilities is completing a curriculum that is modified substantially in form and/or substance by the IEP from the general education curriculum [designed to prepare students at this age or grade level to demonstrate knowledge and skills as measured by an assessment administered to nondisabled students at that age/or grade].

(2) A student with disabilities is completing the regular curriculum, but the student has a disability that presents unique and significant challenges such that the student's IEP provides for accommodations in classroom and districtwide tests that do not meet the criteria included in paragraph (H) of this rule.

(3) A student with disabilities has a significant cognitive disability.

(4) A student with disabilities requires instruction focused on the application of state standards through essential life skills.

[State standards can be accessed at www.ode.state.oh.us by entering "academic content standards" in the search box.]

(5) A student with disabilities requires instruction at multiple levels below age or grade level.

(6) A student with disabilities is unlikely to provide valid and reliable measures of proficiency in content areas in a standardized assessment with accommodations that meet the criteria included in paragraph (H) of this rule.

(E) Each excuse made in accordance with paragraph (D) of this rule shall be made in a student's IEP developed in accordance with Chapter 3301-51 of the Administrative Code or documented in writing for a student evaluated under provisions of section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 (January 3, 2005). The reasons for the excuse shall also be documented in the IEP or in writing for a section 504 student including a statement of why the child can not participate in the regular assessment and why this particular alternate assessment selected is appropriate for the child.

(F) For any student with disabilities who is excused and does not take an assessment in accordance with this rule, a student's IEP team of a participating school, in accordance with Chapter 3301-51 of the Administered Code, prior to administration of assessments, shall document in the student's IEP the need for an alternate assessment and include a description of benchmarks or short-term objectives. During that same school year, the participating school shall conduct an alternate assessment and report results according to guidelines established by the Ohio department of education in accordance with applicable state and federal law.

(G) No student with disabilities granted an excuse from taking an assessment prescribed by rule 3301-13-01 of the Administrative Code that is administered to nondisabled students shall be prohibited from taking that assessment. Any student excused from taking that assessment pursuant to this rule who nevertheless takes and meets at least the proficient level of performance on said assessment may be credited on the student's transcript with meeting the required performance standard on the assessment if each accommodation provided meets the criteria provided in paragraph (H) of this rule. Required statewide assessment pass rates used to determine school district and building performance shall include, to the maximum extent allowed by state and federal law, all of the results of the following students with disabilities: those who take assessments without any accommodation; those who take assessments with accommodations that meet the criteria in paragraph (H) of this rule; and those who are excused under paragraph (D) of this rule who instead take an alternate assessment.

(H) A student's IEP team of a participating school, in accordance with Chapter 3301-51 of the Administrative Code, shall include in each student with disabilities' IEP, or a participating school shall document in writing for any student with disabilities who was evaluated under section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 (January 3, 2005), what specific accommodation(s), if any, shall be provided when a student takes any assessment prescribed by rule 3301-13-01 of the Administrative Code. Any student with disabilities who is required to take an assessment may be provided any accommodation that meets all of the following criteria specified in paragraphs (H)(1), (H)(2), (H)(3), and (H)(4) of rule 3301-13-03 of the Administrative Code.

(1) The accommodation is specified in a student with disabilities' IEP and is provided for classroom and districtwide assessments.

(2) The accommodation does not change the content or structure of an assessment; for example, an examiner who reads multiple-choice questions to students shall neither eliminate one or more answer choices provided as part of a question nor convert any open-ended question to a multiple-choice question or cause such a conversion. The following additional examples involving preparation or presentation of an assessment may be appropriate accommodations depending upon the particular needs of a student with disabilities and what type of knowledge or skill is intended to be measured by an assessment:

(a) The preparation of an assessment may need to be changed in a particular manner, as set forth in some examples that follow, in order to facilitate a student's response; for example, if a student cannot follow written directions but can listen and follow oral directions, if a student cannot see or hear, or if a student cannot read:

(i) Provide an assessment in Braille or in large print;

(ii) Provide an assessment by increasing the spacing between items or reduce the number of items per page or line;

(iii) Provide an assessment by highlighting key words or phrases in the directions; or

(iv) Provide an assessment that includes on-task prompts or focusing cues such as arrows or stop signs on an answer form.

(b) The presentation of an assessment may need to be changed in a particular manner, as set forth in some examples that follow, in order to facilitate a student's response, for example, if a student cannot follow written directions but can listen and follow oral directions, if a student cannot see or hear, or if a student cannot read:

(i) Provide an assessment orally or on audio CD (provided by the department);

(ii) Provide an assessment through a sign language interpreter; or

(iii) Provide an assessment by allowing a colored sheet of acetate to be laid over the pages of an assessment document.

(3) The accommodation does not change what type of knowledge or skill that an assessment is intended to measure; for example, examiners are not permitted to read passages from a reading assessment because this would change the assessment.

(4) The accommodation does not change or enhance a student's response as to what type of knowledge or skill is intended to be assessed, but it facilitates how the response is provided or accessed; for example, a scribe shall write only the actual response provided orally by a student with a motor or a learning disability on an assessment measuring particular knowledge or skill, or such a student may need to use a computer or other assistive technology instead of a scribe in order to be able to write responses on an assessment. A spell checker, grammar checker, or calculator on a computer or other assistive technology may or may not need to be disconnected in such a situation, depending upon what type of knowledge or skill is intended to be assessed; for example, if spelling is being measured in a writing assessment, then use of a spell checker is not an allowable accommodation. The following additional examples involving setting, timing, or scheduling of an assessment, or the method of response to an assessment, may be appropriate accommodations depending upon the particular needs of a student with disabilities and what type of knowledge or skill is intended to be measured by an assessment:

(a) The setting of an assessment may need to be changed in a particular manner, as set forth in some examples that follow, to facilitate a student's response; for example, if a student cannot focus on the work in a room with other students, if a student displays behaviors distracting to others, or if a student cannot take an assessment in the same way as it is administered to other students:

(i) Administer the assessment in a small group or individually in a separate location with minimal distractions;

(ii) Provide special lighting; or

(iii) Provide special furniture or acoustics.

(b) The timing of an assessment may need to be changed in a particular manner, as set forth in some examples that follow, to facilitate a student's response, for example, if a student cannot work continuously for the entire length of time typically allowed for an assessment or if a student requires more time to complete an assessment than is typically allowed:

(i) Allow a flexible schedule;

(ii) Extend the time allotted to take an assessment; or

(iii) Allow frequent breaks during an assessment.

(c) The scheduling of an assessment may need to be changed in a particular manner, as set forth in some examples that follow, to facilitate a student's response; for example, if a student takes medication that dissipates over time or if optimal performance is at a certain time of day, or if a student's anxiety level increases dramatically when working in a certain content area such that these assessments should be administered after assessments in other content areas:

(i) Administer an assessment in more than one session;

(ii) Allow assessments to be taken in a different order; or

(iii) Administer an assessment at different times of day.

(d) The method of response to an assessment may need to be changed in a particular manner, as set forth in some examples that follow, to facilitate a student's response, for example, if a student cannot track from an assessment booklet to an answer form, or if a student is not able to manipulate a pencil or other writing instrument:

(i) Allow marking of answers in an assessment booklet rather than on the answer form;

(ii) Allow tape recording of oral responses for later transcription;

(iii) Allow the use of a scribe; or

(iv) Provide copying assistance between drafts.

(I) Any student with disabilities who is excused from taking a required assessment in accordance with paragraph (D) of this rule and instead takes an alternate assessment may be provided accommodations that either meet or do not meet the criteria in paragraph (H) of this rule, depending upon the individual needs of a student as determined by the student's IEP team.

(J) Any student with disabilities who otherwise has completed an IEP program but has not received a diploma due to not having passed any required assessment may take any assessment required for graduation anytime it is administered in any district as set forth in section 3313.611 of the Revised Code.

Replaces: 3301-13-03

R.C. 119.032 review dates: 11/01/2012 and 11/01/2017
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3301.0710 , 3301.0711
Rule Amplifies: 3301.0710 , 3301.0711 , 3301.0712
Prior Effective Dates: 1-29-90; 12-1-92; 2-7-00; 8-22-02; 12/21/2007