State Testing of Students with IEP's and 504 Plans
Minnesota Rules, Table of Chapters
Table of contents for Chapter 3501
3501.0090 STUDENTS WITH INDIVIDUALIZED EDUCATION PLANS OR SECTION 504 ACCOMMODATION PLANS.
Subpart 1. Considerations for students with IEPs or section 504 accommodation plans.
A. The IEP or section 504 accommodation plan for a Student with a disability shall identify one of the following decisions for each of the basic requirements:
(1) the student is expected to achieve the statewide standard with or without testing accommodations;
(2) the student is expected to achieve the statewide standard at an individually modified level of difficulty; or
(3) the student is exempt from the statewide standard.
An exemption from the statewide standard shall be granted to a special needs student when the student cannot demonstrate the required degree of learning with appropriate accommodations or modifications if:
(a) the student's IEP or section 504 accommodation plan does not and never has included the requirements on which the tests are based; or
(b) the student is enrolled in special education classes for the subject matter included in the test, but the student's IEP or section 504 accommodation plan does not include a majority of concepts tested.
B. Adoption of modifications or exemptions for a student as stated in item A, shall occur concurrently with the adoption of transition goals and objectives as required in Minnesota Statutes, section 125A.08, paragraph (a), clause (1).
Subp. 2. Testing students with IEPs or section 504 accommodation plans.
A. All students shall be tested under standard conditions as specified by the developer of the test except those students whose IEPs specify other decisions consistent with subpart 1, item A.
B. Decisions regarding appropriate testing conditions including a decision to provide accommodations for a student with special needs shall be made by the local school district through the IEP process or the section 504 accommodation plan process and shall be reviewed annually.
C. Where subpart 1, item A, subitem (2), applies, the student's IEP or section 504 accommodation plan shall define an appropriate assessment of the statewide standard at a modified level of difficulty. Achievement of the individually modified standard shall be certified only through documented student performance of the defined assessment.
STAT AUTH: MS s 121.11
HIST: 20 SR 2375; L 1998 c 397 art 11 s 3
Current as of 10/27/03
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