Kentucky Alternate Assessment Program : The Law

Why do we need the Kentucky Alternate Assessment?

Kentucky has an inclusive assessment system and according to KRS 158.6455, it is the intent of the General Assembly that all schools succeed for all students.

The Individuals with Disabilities Education Act (IDEA) that was reauthorized in 2004 includes several elements dealing with assessment of student with disabilities. The provisions that directly impact alternate assessment are:

Section 300.157 Performance goals and indicators.

The State must--

1. Have in effect established goals for the performance of children with disabilities in the State that--
1. Promote the purposes of this part, as stated in Sec. 300.1;
2. Are the same as the State's objectives for progress by children in its definition of adequate yearly progress, including the State's objectives for progress by children with disabilities, under section 1111(b)(2)(C) of the ESEA, 20 U.S.C. 6311;
3. Address graduation rates and dropout rates, as well as such other factors as the State may determine; and
4. Are consistent, to the extent appropriate, with any other goals and academic standards for children established by the State;
2. Have in effect established performance indicators the State will use to assess progress toward achieving the goals described in paragraph (a) of this section, including measurable annual objectives for progress by children with disabilities under section 1111(b)(2)(C)(v)(II)(cc) of the ESEA, 20 U.S.C 6311; and
3. Annually report to the Secretary and the public on the progress of the State, and of children with disabilities in the State, toward meeting the goals established under paragraph (a) of this section, which may include elements of the reports required under section 1111(h) of the ESEA
   (Authority: 20 U.S.C 1412(a)(15))

The Secondary and Elementary Education Act which was reauthorized in 2001 as No Child Left Behind (NCLB) has requirements for assessing students with the most significant cognitive disabilities:

Section 200.1 State responsibilities for developing challenging academic standards.

1. ... (1) Be the same academic standards that the State applies to all public schools and public school students in the State, including the public schools and public school students served under subpart A of this part, except as provided in paragraph (d) of this section; ...
2. Alternate academic achievement standards. For students under section 602(3) of the Individuals with Disabilities Education Act with the most significant cognitive disabilities who take an alternate assessment, a State may, through a documented and validated standards-setting process, define alternate academic achievement standards, provided those standards—
1. Are aligned with the State’s academic content standards;
2. Promote access to the general curriculum; and
3. Reflect professional judgment of the highest achievement standards possible.