Policy | News

U.S. Department of Education Wants to Eliminate '2% Rule'

• By Leila Meyer
• 08/26/13

The United States Department of Education (ED) has proposed new regulations that would eliminate the "2 percent rule," which allows some students with disabilities to be assessed using alternate assessments aligned to modified academic achievement standards (AA-MAAS).

The current regulations allows states to develop alternate assessments for up to 2 percent of students in the grades assessed using AA-MAAS. However, according to ED, students with disabilities can make academic progress when they receive appropriate support and instruction, and that by making general assessments accessible to those students, with support, they can achieve a higher level of success.

"We have to expect the very best from our students and tell the truth about student performance, to prepare them for college and career," said Arne Duncan United States secretary of education, in a prepared statement. "That means no longer allowing the achievement of students with disabilities to be measured by these alternate assessments aligned to modified achievement standards. This prevents these students from reaching their full potential, and prevents our country from benefitting from that potential."

Under the proposed new regulations, states would no longer be allowed to administer AA-MAAS assessments after the 2013-2014 school year, and students with disabilities would "transition to college and career ready standards and general assessments that are aligned to those standards and accessible to all students," according to information from ED. The department stated that it would provide those states with technical assistance to make the transition.

The full text of the proposed new regulations can be found on the Federal Register website.