I believe my fifteen year old severely disabled daughter should be exempt from the tenth grade MCAS requirements as should others in her position. Please note the following facts of her situation.
- She has never been taught to the Massachusetts's Curriculum Framework and has no observable mastery of any concept contained within.
- She has never been taught to the Massachusetts's Curriculum Framework for Students with Disabilities or can she show any observable mastery of any concept contained within.
- "As is true of standard MCAS tests, the purpose of the MCAS Alternate Assessment (MCAS-Alt) is to assess the achievement of students in relation to knowledge and skills specified in the Massachusetts Curriculum Frameworks." 2008 Educator�s Manual for MCAS Alt The exam being given to my daughter and other severely disabled students is purely directed at assessing the students in relation to that to which they have never been exposed. This is a burden above and beyond that upon other able bodied students.
- The student's MCAS-Alt portfolio must include "Student's Introduction to the Portfolio produced as independently as possible by the student 'using his or her primary mode of communication.'" 2008 Educator�s Manual for MCAS Alt. Proof the portfolio is designed to test a student who has a "mode of communication," thus clearly eliminating the appropriateness of the exam for my daughter and an added burden for the severely disabled above any such requirement for the able bodied student.
- My daughter is completely incapable of any communication and can not answer any questions, follow any requests, choose any objects, nor display any thoughts on demand.
- A key element of the MCAS Alt exam, the data chart, includes the requirement: "Data charts must show that the student attempted to learn a new skill." (emphasis mine) 2008 Educator's Manual for MCAS Alt This is impossible for my daughter and a requirement that is not mandated for the MCAS or MCAS with accommodations exams. This is an added burden for the severely disabled above and beyond the abled.
- Data Charts must be included in the portfolio that "measure[s] the student's accuracy and independence in performing tasks on at least five different dates." (2008 Educator's Manual for MCAS Alt) This added burden of being repeatedly tested on the same exact task on multiple dates extends the amount of testing to unacceptable extremes. This is an added burden for the severely disabled above and beyond the abled.
The exam is not designed to test or assess the severely disable population within the Massachusetts' education system. The MCAS, MCAS with accommodations, and the MCAS Alt are all in violation of the student's rights under the due process provisions of the IDEA laws as well as in violation of the intent, if not the letter of the law, of the NCLB. The Commonwealth's implementation is testing my daughter and those like her against a standard to which she has never been exposed. Additionally, being completely unable to respond in a meaningful manner makes the concept of testing moot. She does not receive grades at her school for the same reason.
My daughter will sustain harm from being subjected to the MCAS exam. It is universally agreed that she has a level of understanding of her surroundings. She has heard about the MCAS exams and the importance of them. She knows what her daily routine is at school and at home. The idea of testing is understood by the youngest of children to varying degrees and my daughter is fifteen years old. She will be asked questions or given tasks, possibly as simple as choosing between two objects or grasping an object. Not doing so will qualify as failing. She understands the desired action but is unable to do it, totally and completely. She will experience pre-exam anxiety as other students will with the added anxiety knowing that she will not be able to do anything required of her to pass. She will experience heightened stress and anxiety at the time of the exam by not being physically able to respond to any part of the exam. She will experience loss of self esteem and self image by completely and totally failing an exam that is not designed to test or assess her knowledge or mastery of the Massachusetts Curriculum Framework.
I am requesting that my daughter be exempt from the requirement of the MCAS exam. Please note at least two major cases of precedent:
- Florida Department of State, Rule: 6A-1.0943, Statewide Assessment for Students with Disabilities (https://www.flrules.org/gateway/RuleNo.asp?ID=6A-1.0943) "The decision to exclude any student with a disability, as defined in Section 228.041(18), Florida Statutes, from statewide or district assessment programs is made by the Individual Educational Plan (IEP) team and recorded on the IEP."
- Last week, in the State of Washington: "After completing extensive research into state law, federal No Child Left Behind requirements, state assessment technical reports and the actual WASL and WAAS tests, Ms. Vernon filed, on February 6, 2008, a complaint against the Bethel School District and caused the State of Washington to be joined in the proceedings, using the Due Process Appeal system. Due Process Appeal allows parents of students with Individual Education Plans (IEPs) to file a legal claim on behalf of their children with disabilities without the use of an attorney.
Ms. Vernon was able to obtain an acceptable pre-hearing resolution. In response to her complaint, the Office of Superintendent of Public Instruction, represented by Assistant Attorney General Dierk Meierbachtol, agreed to exempt Ms. Vernon's son from testing for the 2007-08 school year and to establish a task force to examine a range of education related matters for students with deaf-blindness, including how appropriate special education and related services are delivered, what special accommodations may be necessary, how the learning of students with deaf-blindness is appropriately assessed, and what level of support the state provides." (Press Release in the blog section).