Search Virginia.gov:

Virginia Department of Education

Information on this page is provided by the Office of Board Relations.

Staff Contacts

1997 Resolutions

Adopting Guidelines for Students With Disabilities for Participation in the Standards of Learning Assessments

Resolution Number 1997-3
October 10, 1997

This document provides information about the participation of students with disabilities in the Standards of Learning (SOL) assessments. Included in this document are 1) guidelines for determining how students with disabilities will participate in the SOL assessments, 2) procedures for providing testing accommodations, 3) procedures for exempting students from participation in the SOL assessments, and 4) documentation requirements. These guidelines apply to the participation of students with disabilities in the SOL assessment program beginning in the spring of 1998.

I. Who should be tested

It is expected that all students who are in grades 3, 5, 8, and in specific high school courses in the Commonwealth of Virginia will participate in the SOL assessments. This expectation includes all students with disabilities at these grade levels and in specified high school courses unless the student is exempted as documented in the student's individualized educational program (IEP) or Section 504 management tool.

II. Purpose of the SOL assessments

The purpose of the SOL assessments is to measure the achievement of students on the Standards of Learning, adopted by the Board of Education in 1995, in the areas of English, mathematics, history/social science, and science at grades 3,5,8, and in specific high school courses, and technology at grades 5 and 8.

III. Reason for including students with disabilities in the SOL assessments

It is the intent of the Commonwealth of Virginia to include students with disabilities in the SOL Assessment Program. Also, the federal regulations under the Section 504 of the Rehabilitation Act of 1973, and state regulations under the Virginians with Disabilities Act, Section 51.5-40 et. seq. of the Code of Virginia, require that individuals with disabilities be given equal opportunity to participate in and benefit from the policies and procedures customarily granted to all individuals. Therefore, students with disabilities must have the opportunity to participate in the SOL Assessment Program administered by the school division.

For each student with a disability identified under the Individuals with Disabilities Education Act (IDEA), P.L. 105-17, the individualized educational program (IEP) committee has the responsibility to determine how the student will participate in the SOL Assessment Program. If a student is identified as an otherwise "qualified handicapped" student under Section 504 of the Rehabilitation Act of 1973, and the IEP is not the mechanism for determining the educational program, a division should identify and convene a committee of similar composition to that which acted to evaluate and determine program needs for the student and determine how the student will participate in the SOL assessment program.

The importance of students with disabilities participating in the SOL assessments is reinforced by the fact that, beginning the with Class of 2004, students desiring a standard or advanced studies diploma will need to earn a prescribed number of credits as well as specified units of verified credit. Students may earn verified credit "based on a minimum of 140 clock hours of instruction and the achievement by the student of a passing score on the end-of-course Standards of Learning test for that course." (8 VAC 20-131-110, B)

IV. Role of the Individualized Education Program (IEP) Committee

(for students identified under Individuals with Disabilities
Education Act, P.L. 105-17)

For all students with disabilities identified under IDEA, the individualized education program (IEP) is the management tool to ensure that they receive an appropriate education. The IEP process also ensures that each student's parent, legal guardian, or surrogate parent is an active participant of the IEP committee. Decisions as to the participation in each of the SOL assessments, the need for and selection of accommodations, or the exemption from participating in the SOL assessments are the responsibility of the IEP committee. These decisions should be made during the IEP committee meeting which precedes the SOL assessment administration. The ramifications of these decisions made by the IEP committee must be clearly explained to the student's parent, legal guardian, or surrogate parent and the student if appropriate. A student's IEP must specify the student's participation in each of the SOL assessments with no accommodations with accommodations which maintain standard conditions (listing specific accommodations) with accommodations which are permissible but do not maintain standard conditions (listing specific accommodations) exemption from testing with an explanation for the exemption, a statement of the ramifications of the decision, and a description of how the student will be assessed.

V. Role of duly convened 504 Committee

(for students identified under Section 504 of the Rehabilitation Act
of 1973 and not operating under an IEP)

Each school division is mandated to determine appropriate educational programs for all students with disabilities who qualify under Section 504 of the Rehabilitation Act of 1973 by convening a knowledgeable group to evaluate and determine program needs. Therefore, decisions as to the participation in each of the SOL assessments, the need for and selection of accommodations, or the exemption from participating in the SOL assessments are the responsibility of a duly convened committee of similar composition. Each student's parent, legal guardian, or surrogate parent must be an active participant in these decisions. These decisions should be made during the 504
committee meeting which precedes the SOL assessment administration. The ramifications of the decision must be clearly explained to the student's parent, legal guardian, or surrogate parent and the student if appropriate. A student's 504 management tool must specify the student's participation in each of the SOL assessments:

• With no accommodations;
• With accommodations which maintain standard conditions (listing specific accommodations);
• With accommodations which are permissible but do not maintain
  standard conditions (listing specific accommodations);
• Exemption from testing with an explanation for the exemption, a
  statement of the ramifications of the decision, and a description of how
  the student will be assessed.

VI. Determination of how students with disabilities participate in the SOL assessments

It is expected that all students with disabilities in grades 3, 5, 8, and selected high school courses will participate in the SOL assessments unless the student's IEP or 504 management tool indicates that the student is exempted from taking part in the SOL assessments. For those students whose IEP or 504 management does not exempt the student from participation, then they will participate either with accommodations or without accommodations. The accommodations for the SOL assessments are those the student generally uses during classroom instruction and assessment as identified on the student's current IEP or 504 management tool.

Decisions about participation in and how a student with a disability will be tested on the SOL assessments should be made independently for each content area. In determining how the student is to be tested on each of the SOL assessments, the IEP or 504 committee should consider the following questions:

1. Does the student receive instruction in areas covered by the SOL assessments?

• If YES, the committee should consider question 2 in
  determining the student's need for testing accommodations.
• If NO, the student should not be tested on this assessment (see
  Section VIII, Exempting Students With Disabilities from
  the SOL Assessments).

2. Does the student typically receive accommodations during instruction or classroom assessments in the content covered by the test?

• If NO, the student should take the assessment without any
  accommodations.
• If YES, the committee should refer to Section VII, Testing
  Accommodations for Students with Disabilities to determine, by assessment, the accommodations needed by the
  student.

VII. Testing accommodations for students with disabilities

Decisions as to the need for, and selection of, accommodations for students with disabilities is the responsibility of the IEP or 504 committee. Typically, accommodations can be classified in the following categories: timing/scheduling, setting, presentation, and response. These accommodations allow students an equal opportunity to demonstrate achievement. The use of accommodations by a student when participating in the SOL assessments must be determined individually for the SOL assessments in each content area and identified in the student's IEP or 504 management tool. For example, it may state:

"The student will participate in the SOL assessment program scheduled for _________ in the following content areas. The following accommodations will be observed:

(list specific accommodations for each assessment)

Accommodations should be those the student generally needs and uses during classroom instruction and assessment as identified on the student's IEP or management tool. Accommodations shall not to be used only for participating in the SOL assessments. The use of an unfamiliar accommodation during testing may have a negative impact on the student's performance. Finally, an accommodation based solely on its potential to enhance performance beyond providing equal opportunity to perform is inappropriate.

1. Accommodations which maintain standard conditions (standard accommodations):
Some accommodations allow a student to take the test in a different way without changing what the test is measuring. For the purposes of this document these are referred to as accommodations which maintain standard conditions or standard accommodations. Examples of standard accommodations are listed below.

Timing/Scheduling:

• Time of day;
• Breaks during test;
• Multiple test sessions;
• Order of tests administered.

Setting:

• Preferential seating (at the front of the room or in a study carrel);
• Small group testing;
• Individual testing;
• Special lighting;
• Adaptive or special furniture;
• Test administered in locations with minimal distractions;
• Noise buffers;
• Hospital/home.

Presentation:

• Braille;
• Large print;
• Increase size of answer bubbles;
• Increase spacing between items or reduce items per page;
• Reading directions to students;
• Simplifying directions;
• Interpreting directions (e.g. signing, cued speech);
• Written directions;
• Clarify directions;
• Reading of test items (except on the English: Reading/Literature, and Research test);
• Audio-tape version of test items (except on the English:
  Reading/Literature, and Research test);
• Interpreting (e.g. signing, cued speech) test items (except on English: Reading/Literature, and Research);
• Using a communication board/pictorial presentation;
• Magnifying glass;
• Amplification equipment (e.g., hearing aid or auditory trainer);
• Templates;
• Masks or markers to maintain place.

Response:

• Student marks booklet and teacher/proctor transfer answers to answer sheet;
• Student responds verbally and teacher/proctor marks answer
  sheet;
• Braille answer sheet;
• Abacus;
• Arithmetic tables (standard accommodation only if subtest allows a calculator);
• Brailler;
• Large diameter/ special grip pencil;
• Pencil grip;
• Word processor;
• Typewriter;
• Augmentative communication device;
• Spell check;
• Spelling dictionary;
• Tape recorder (pre-writing activity).

NOTE: Questions about whether accommodations not listed here are permissible should be directed to the school division's Director of Testing, who may consult with Department of Education staff as needed.

2. Accommodations which are permissible but do not maintain standard conditions (nonstandard accommodation)

Accommodations which significantly change what a test is measuring and do not maintain standard conditions of the test are referred to in this document as nonstandard accommodations. This type of accommodation should be used only if the IEP or 504 committee agrees that the student requires such an accommodation(s) in order to participate in the SOL assessments Scores resulting from a nonstandard accommodation must be accompanied by an explanation that these scores resulted from a nonstandard administration. Examples of accommodations which are permissible but do not maintain standard conditions include:

Presentation:

• Reading test items on the reading/literature and research test to a student;
• Using audio-cassette version of the reading/literature and research test;
• Interpreting (signing, cued speech) test items on the reading/literature and research test to a student.

Response:

• Dictation to a scribe (writing sample component of the writing test only);
• Use of a calculator on mathematics tests in which calculators are not routinely supplied to all students (grade 3 math and the computation section of the grade 5 mathematics test);
• Use of arithmetic tables on mathematics tests in which calculators are not routinely supplied to all students (grade 3 math and the computation section of the grade 5 mathematics test)

If a student utilizes a non-standard accommodation, the record of that score will be accompanied by a notation explaining that the score resulted from a non-standard administration. A student with an identified disability who has passed an SOL assessment utilizing any accommodation including a non-standard accommodation has passed for all purposes. NOTE: Questions about whether accommodations not listed here are allowable and whether they results in a nonstandard administration of the test should be directed to the school division's Director of Testing who may consult with Department of Education staff as needed.

VIII. Exempting students from the SOL assessments:

Exemption from any of the SOL assessments should be considered only for students whose instructional program will not include the SOLs on which the test is based in the year that the student is to take the test. If the IEP or 504 committee determines that it is not appropriate for the student to participate in the SOL assessments, the parents and the students must understand the ramifications of the decision. In order to receive a standard or advanced studies diploma (beginning with the Class of 2004), all students, including students with disabilities, must earn the required standard and verified credit. To receive verified credit the student must earn a passing score on the requisite number of SOL tests as outlined in the Standards of Accreditation. These requirements for graduation as well as any locally approved requirement related to SOL assessments must be considered when exempting students from any high-school-end-of-course tests and should be clearly stated in the IEP and conveyed to the parent.

The following exemption procedures should be followed:

1. The IEP committee shall review the IEP or 504 management tool of each student with respect to participation in each of the SOL assessments;

2. The decisions of the IEP or 504 committee to exempt a student from participating in one or more of the SOL assessments shall be documented. This documentation shall include a statement of why the assessment is not appropriate for the student and how the student will be assessed. This documentation shall be attached to or become part of the student's IEP or management tool, and shall indicate that the consequences of the decision to exempt the student have been fully explained and understood by the parent, guardian, surrogate parent, or student (18 years of age or older), and due process rights have been explained; and

3. Once a student has been exempt from one or more of the SOL assessments and as long as the student is enrolled, the IEP or 504 committee shall annually review the decision with respect to its continued appropriateness. This review shall be scheduled to occur before each test administration date.

If the parent, guardian, surrogate parent, or student (18 years of age or older) requests exemption from the SOL assessments, an IEP or 504 committee will be convened to consider the request.

Adopted in the Minutes of the Virginia Board of Education
October 10, 1997

Top of Page