Your special education student likely faces frequent statewide testing, which is required under federal funding laws. Your student's IEP team may substitute an alternate test to accommodate your student's disabilities. But federal law sharply limits the percentage of students able to take accommodated tests, putting pressure on your student's IEP team. Retain the Lento Law Firm's Student Defense Team if your student isn't getting proper accommodation for statewide testing. Call 888.535.3686 now or use our contact form to tell us about your case. 

The Federal OIG Approves DOE Cap Waiver Process 

An education news story highlights the pressure school IEP teams face not to grant appropriate accommodated testing. Federal law permits states to grant only one percent of cognitively impaired students accommodation relief from statewide testing. That tiny one percent of students get to take simplified tests adjusted to their disability. Everyone else must take the standardized statewide test. 

A lot more than one percent of students have cognitive impairments, and states know it. The news story reveals that states may apply to the federal Department of Education (DOE) for relief from the unreasonably strict one percent limit. But the news story further shows that while the federal Office of Inspector General (OIG) has approved the DOE's stingy federal waiver process, that process has defects. 

Why Denying Alternate Assessment Hurts Students 

Students with cognitive impairments deserve alternate assessments accommodating those impairments. That conclusion is what the federal Individuals with Disabilities Education Act (IDEA law) and other disability rights laws like Section 504 of the Rehabilitation Act of 1973 mandate. That's why your special education student has or should have an IEP and IEP team advocating for proper accommodation and relief from the standard statewide test. 

If your student's IEP team does not grant that relief, and your student must take the standardized state assessment that non-disabled students also take, then your student may fail to meet the statewide standard. In the worst case, your student could fail to advance in grades, end up in an alternative disciplinary placement (boot camp or reform school), and even fail to graduate. 

How We Can Help Fight for Your Student's Accommodation 

Fortunately, you are not without help in your fight for your special education student's proper relief from standardized statewide testing. The Lento Law Firm's Student Defense Team is available nationwide to appear and advocate with the IEP team, school district, and beyond through state administrative procedures for your student's relief.  

When IEP teams and other school officials fail to fulfill their legal duties under the federal IDEA law, your student has procedural rights to challenge that failure. Our attorneys have the knowledge, skill, and experience to invoke the IDEA law's special administrative procedures to advocate effectively for your student's relief. Call 888.535.3686 now or use our contact form to tell us about your case.