Legislation from the Individuals with Disabilities Act (IDEA), 1997

•20U.S.C. Chapter 33, Sec. 1412 (a) (17): “...children with disabilities are included in general State and district-wide assessment programs, with appropriate accommodations, where necessary. " This section also requires the state or local educational agency to develop "...guidelines for the participation of children with disabilities in alternate assessments for those children who cannot participate in State and district-wide assessment programs...” and to develop and begin conducting those alternate assessments no later than July 1, 2000.

•Sec. 1414 (d) (v) (II): IDEA '97 requires that the IEP contain a statement of why the assessment was not appropriate for the pupil and what alternate assessment will be provided. 'Sec. 1414 (d) (v) (1): IDEA '97 requires that the IEP include a statement of any individual modifications or accommodations in the administration of State or district-wide  assessments or any part of such assessments that are needed in order for the student to participate.

•C.A.C. Title 5, Sec. 852 (b): “Eligible pupils in special education programs or pupils subject to Section 504 (U.S. Code, Title 29, Section 794) plans under federal law shall be tested but appropriate adaptations or accommodations may be made including, but not limited to, large print. Braille, extended time, or the use of a reader or scribe. The reading section of any test shall not be read, interpreted, or translated to any pupil.”

• A.B. 265: provides policy direction for including all students in the assessment of academic achievement and the establishment of academic and performance standards for all students in California's public schools.

• 20 U.S.C. Chapter 33, Sec. 1413 (a) (6): requires school districts to include students with disabilities in their district-wide assessment programs and report their results to the state education agency.