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2003 State Special Education Outcomes: Marching On Published by the National Center on Educational Outcomes December 2003 Prepared by Sandra Thompson and Martha Thurlow Any or all portions of this document may be reproduced and distributed without prior permission, provided the source is cited as: Thompson, S., & Thurlow, M. (2003). 2003 State special education outcomes: Marching on. Minneapolis, MN: University of Minnesota, National Center on Educational Outcomes. Retrieved [today's date], from the World Wide Web: http://education.umn.edu/NCEO/OnlinePubs/2003StateReport.htm./ Table of Contents The Mission of the National Center on Educational Outcomes The Mission of the National Center on Educational Outcomes NCEO is a collaborative effort of the University of Minnesota, the National Association of State Directors of Special Education (NASDSE), and the Council of Chief State School Officers (CCSSO). NCEO provides national leadership in assisting state and local education agencies in their development of policies and practices that encourage and support the participation of students with disabilities in accountability systems and data collection efforts. NCEO focuses its efforts in the following areas:
The Center is supported primarily through a Cooperative Agreement (#H326G000001) with the Research to Practice Division, Office of Special Education Programs, U.S. Department of Education. Additional support for targeted projects, including those on limited English proficient students, is provided by other federal and state agencies. The Center is affiliated with the Institute on Community Integration in the College of Education and Human Development, University of Minnesota. Opinions or points of view expressed within this document do not necessarily represent those of the Department of Education or the Offices within it.
National Center on Educational Outcomes The University of Minnesota is an equal opportunity educator and employer. NCEO Staff Mike Anderson Ann Clapper Jane Krentz Kristi Liu Jane Minnema Ross Moen Michael Moore Rachel Quenemoen Dorene Scott Sandra Thompson Martha Thurlow, Director Once again, with the collective efforts of state directors of special education, we are able to report on the activities of all 50 states and nine of eleven federally funded entities (unique states). Because of the thoughtful and knowledgeable responses of the directors and their designees who completed this survey, we are able to share new initiatives, trends, accomplishments, and emerging issues during this important period of education reform. The purpose of this report is not to check for compliance with federal mandates nor to judge the progress of any state; it is simply to provide a snapshot of critical information that allows states to move forward. We appreciate the time taken by respondents to gather information from people outside of special education, and we hope that this collaborative effort provided an opportunity to increase awareness within and across state programs and departments. For their support, special thanks go to:
2003 State Special Education Outcomes was prepared by Sandra Thompson and Martha Thurlow. State Directors of Special Education
This report summarizes the ninth survey of state directors of special educa-tion by the National Center on Educational Outcomes (NCEO) at the University of Minnesota. Results include all 50 states and nine of the eleven federally funded entities (unique states). The purpose of this report is to provide a snapshot of the new initiatives, trends, accomplishments, and emerging issues during this important period of education reform as states document the academic achievement of students with disabilities. Most state directors reported that more students with disabilities are accessing state/district academic content standards with increased academic expectations, and more students with disabilities are participating in statewide assessments and included in accountability systems. The majority of directors also reported improved performance by students with disabilities on state assessments. In addition, nearly all state directors reported increased participation of special educators in training on standards and assessment, and nearly three quarters reported increased networking between general and special educators. Among the major findings of the 2003 survey are the following:
Though the progress of students with disabilities in this era of standards-based accountability has been noteworthy, states continue to face many challenges in their efforts to increase student achievement and administer assessments that provide valid documentation of this achievement. This report marks the ninth time over the past twelve years that the National Center on Educational Outcomes (NCEO) has collected information from state directors of special education about the participation and achievement of students with disabilities during standards-based reform. With the passage of the No Child Left Behind Act of 2001, reform efforts continue to evolve as states become accountable for reaching the goal of academic proficiency for every student. The 2003 Special Education Outcomes Survey focuses on the implications of educational reform since the 2001 passage of the No Child Left Behind Act and anticipation of the reauthorization of the Individuals with Disabilities Education Act (IDEA). Results are presented in eight sections:
Participants in the 2003 survey included state directors of special education from all 50 states and 11 federal jurisdictions that abide by the provisions of IDEA. These jurisdictions are referred to in this report as "unique states." Responses to the survey were gathered online and via fax during the winter and spring of 2003 (February–May). To view the survey instrument, go to http://education.umn.edu/nceo/NCEOSurveys/2003NCEOsurvey.pdf. Surveys were completed by state directors with the assistance of other state officials representing special education, standards, assessment, and accountability. Once compiled, drafts of tables were sent to state directors for verification in July and August. Overall, responses were obtained from all 50 regular states and from nine unique states. As you will read throughout this report, although the progress of students with disabilities in this era of standards-based accountability has been noteworthy, states continue to face many challenges in their efforts to increase student achievement and administer assessments that provide valid documentation of this achievement for accountability purposes.
ConsequencesThe "bottom line"—the consequences of inclusive assessment and accountability—continues to be an important topic for states. In the 2003 survey, states were asked to identify the positive and negative consequences of the participation of students with disabilities in state standards, assessment, and accountability systems that they had observed since 2001 when NCEO last asked them this question. In 2003, the states started from a list based on their 2001 responses. Figure 1 lists the percentages of regular and unique states indicating each of the consequences.
The most often selected positive consequences among the regular states were increased inclusion in the accountability system (96%) and increased participation in state assessments (90%). The most often selected positive consequences among the unique states were increased participation in state assessments (78%) and increased participation of special educators in training on standards and assessment (78%). The least often selected positive consequence was improved performance for both regular states (64%) and unique states (22%). Still, more than half of the regular states selected this as a positive consequence. In addition to the positive consequences listed in Figure 1, state directors made these comments: "Perhaps the biggest benefit for children with disabilities has been the focus of general education on improving the quality of education for children with disabilities. As schools make their plans for school improvement, they focus efforts on children with disabilities for the purpose of increasing the number of students scoring at the proficiency level. Because students with disabilities comprise a disproportionate share of students who are not at the proficiency level, they are the direct beneficiaries of district wide efforts to improve student performance." "Districts and schools are starting to use disaggregated student achievement data to focus on the learning outcomes of students with disabilities." "Quality of IEPs has improved." "Improved data based instruction and higher expectations for students with significant cognitive disabilities." "NCLB has at least made district and school administrators make sure they know every student that is enrolled in their district or building is accounted for so they get credit for every student in the NCLB participation rate and AYP calculations." Far fewer state directors selected negative outcomes than positive. The negative outcomes identified are shown in Figure 2. The greatest fear is that students with disabilities will not be able to achieve proficiency on state assessments. In addition to the negative consequences listed in Figure 2, state directors made these comments: "Use of accommodations and alternate methods of assistance is labor intensive and more costly." "Small schools and those that house center-based programs with scores reported to the school of instruction can be negatively impacted by the scores of students with IEPs." "Immediate referrals to special education when assessment scores are low with the expectation that they are automatically eligible, causing conflicts between general education and special education." "Resistance to placement of students with disabilities in school buildings when perception is that they will bring down the school’s scores." "Many teachers of students participating in the alternate assessment don’t like the idea of being held accountable for their students’ performance. They have had a pass on this for too many years and are now very nervous about it."
Participation and PerformanceStates are required by IDEA to report the number of students
with Most of the states in the "other" category reported that the way students are reported depends on the reason for non-participation. For example, Delaware’s state director wrote, "It depends on the reason why. For example, if a student does not participate because of truancy that student is counted with the lowest score. If there is an acceptable reason, for example hospitalization, the student is granted a special exemption and there is no accountability consequence." Connecticut commented, "Present but no responses counts as participated for NCLB and in calculations of performance as not proficient. Absent students count as non-participants, but do not count in calculations for performance." States were beginning to be able to document trends across years in the state assessment performance of students with disabilities (see Figure 4). In 2003, 40 of 50 regular states’ directors of special education (80%) responded that they were able to document trends. Two unique states also reported the ability to document trends across years. Many states commented on the trends question. Table 1 includes a few examples of states that commented on changes in assessment performance, and states that noted difficulties in reporting trends. Figure 3. Ways States Count Students Who are Not Assessed
Figure 4. States Able to Document Trends in Assessment Performance of Students with Disabilities
Table 1. Examples of Sates’ Comments on Trends
AccommodationsEighty-four percent of the regular states and 78% of the unique states reported that they collected data on the accommodations that students use on state assessments (see Figure 5). The specific information that is coded by states appears in Table 2. Increasing numbers of states code accommodations information from students’ IEPs onto test forms and then verify that information at testing. Three unique states have also initiated this process. Figure 5. States Reporting Data on Assessment Accommodations Use
Note: None of the unique states reported collecting data on accommodations use. Table 2. State Documentation of Assessment Accommodations Use
* No Response Alternate AssessmentsAlternate assessments, those assessments described in IDEA 97 as assessments for students unable to participate in regular state or district-wide assessments, have evolved a great deal since NCEO began tracking them in 1997, even though states were first required to implement them in 2000. Most states (33 regular states and 5 unique states) offer a single type of alternate assessment for students with the most significant disabilities who are unable to participate in general state assessments even with accommodations. However, eight states offer two alternate assessment options and three states offer three or more options tied to their alternate assessment. Table 3 describes the alternate assessments in states with multiple options. As is evident in the table, these options tend to reflect the needs of a range of students in addition to those with significant cognitive disabilities. The remainder of this section on alternate assessments focuses on the assessments states have designed for the very small number of students with the most significant cognitive disabilities. Table 3. States with Multiple Alternate Assessment Options Alternate Assessment Approach Alternate assessments were developed and implemented first in the regular states. In 2003, most of the regular states used a portfolio or body of evidence approach in their alternate assessments for students with significant cognitive disabilities. Still, the number of states using a portfolio or body of evidence approach decreased from 28 states in 2000 to 24 states in 2001 to 23 states in 2003 (see Table 4). The number of states using a rating scale or checklist increased from 4 states to 15 states during the same time frame. Three of the regular states were revising their alternate assessment system in 2003. Four of the five unique states with alternate assessments in place in 2003 used a portfolio or body of evidence approach. The other used an IEP analysis approach. States listed under "other" allow local selection of an alternate assessment approach or require a performance assessment. Table 4. Alternate Assessment Approaches 2000-2003 The variability within each category of approach is considerable. In 2003, of the states using portfolio (body of evidence) assessments, 9 states used a standardized set of performance events, tasks, or skills. Six of the 15 regular states using a rating scale of performance on a standardized set of events, tasks, or skills required the submission of a body of evidence. Similarly, half of the regular states that used an analysis of progress on IEP goals required the submission of a body of evidence. Alternate Assessment Content Eighty percent of the regular states aligned their alternate assessments with state academic content standards in 2003 (see Figure 6), either through grade-level or expanded standards or through a combination of these and functional skills. Only two states (4 percent) continued to conduct alternate assessments that were not aligned to state standards, and three states (6 percent) allowed IEP teams to select the content used on their alternate assessment. Five of the nine unique states that responded to the survey had alternate assessments in place. Two of the unique states’ alternate assessments (22 percent) were aligned to standards, two contained a combination of state standards and functional skills, and one unique state allowed IEP teams to determine content. Figure 6. Types of Alternate Assessment Content
Alternate Assessment Achievement Level Descriptors Nearly two thirds of regular states and one third of unique states used the same achievement level descriptors for their alternate assessments as they did for their general state assessments in 2003 (see Table 5). This is up considerably from 2001 for regular states, where historical data are available. Table 6 shows examples of achievement level descriptors in states that used different descriptors for their alternate assessment from what they used for the general assessment.
Most regular states (40) place their scoring criteria for the alternate assessment within some type of rubric. States that do not use a rubric assign points on a rating scale (8 states), score number of items correct (5 states), or score reading rate or accuracy (2 states). Scoring criteria can be a direct measure of student achievement (student criteria); they may reflect necessary system conditions essential for student success (system criteria); or they can be a combination of student achievement seen within the context of system-provided supports (combination). As shown in Figure 7, there is great variation in the scoring criteria of states. This variation is also evident among unique states. The largest number of states score a student’s level of assistance needed to complete a task (or independence) and the second largest number score a student’s competence in completing a task. For NCEO’s in-depth analysis of the scoring criteria in five states, see Measuring Academic Achievement of Students with Significant Cognitive Disabilities: Building Understanding of Alternate Assessment Scoring Criteria (Synthesis Report 50), http://education.umn.edu/NCEO/OnlinePubs/Synthesis50.html.
Figure 7. Alternate Assessment Scoring Criteria (for states using rubrics) Most regular and unique states had their alternate assessments scored by teachers (see Figure 8). In the regular states, this was often completed by teachers from other districts rather than the students’ teachers. Other frequent scorers included the test development contractor and the state education agency. Figure 8. Alternate Assessment Scorers Several states described their alternate assessment scoring process. The examples in Table 7 show the diversity in the complexity of this process across the country. This diversity is also reflected in the scoring processes used in the unique states. Table 7. Examples of Alternate Assessment Scoring Process
Alternate Assessment Standard Setting A standard-setting process defines what scores mean. Usually this involves identifying "cut scores" that separate different levels of achievement. Methods for developing this process for alternate assessments differ across states and, as shown in Figure 9, about half of the regular states and one-fourth of the unique states used a standard-setting process for their alternate assessments in 2003. Figure 9. States with a Standard-setting Process for Alternate Assessments
Table 8 describes the most commonly used standard-setting processes for alternate assessments and lists the states that use them. As is evident in the table, most states used a reasoned judgment standard-setting approach in 2003. A few states selected more than one technique, and one unique state responded that standard-setting is done, but did not select a technique. Table 8. Standard-setting Techniques that States Apply to Alternate Assessments
*Descriptions from: Roeber, E. (2002). Setting Standards on Alternate Assessments (Synthesis Report 42). Minneapolis, MN: University of Minnesota, National Center on Educational Outcomes (http://education.umn.edu/NCEO/OnlinePubs/Synthesis42.html). AccountabilityEach state defined Adequate Yearly Progress (AYP) to meet the requirements of the No Child Left Behind Act. Over 80% of the state directors of special education in the regular states, but only about 30% in the unique states, responded that they were involved in their states’ development of this definition (see Figure 10). One state director commented that special education representatives were included on an internal AYP workgroup to provide direction to the state-level AYP committee. Another commented that state special education personnel were involved in the process of setting cut scores and performance descriptors for determining AYP for the statewide general assessment. One state director said that special education personnel were informed, but not involved. Figure 10. States with Special Education Personnel Involvement in Development of AYP Definition
Most regular states’ AYP formulas (74%) used the same cell sizes for students with disabilities as for the general student population (see Figure 11). Six state directors responded that the minimum cell size for students with disabilities is larger than that of the general population. For example, Wisconsin set the minimum for students with disabilities at 50, with all other subgroups set at 40. Colorado used a minimum N of 16 for the purposes of reporting and an N of 30 for accountability, but the N is the same for students with disabilities and the general student population. Most state directors from unique states do not know whether the subgroup size for AYP was the same for students with disabilities and other students. Some of the unique states had not defined AYP at the time the survey was conducted. Figure 11. States with Same AYP Cell Size for Disability Subgroup
Emerging PracticesItem Analysis Only five states indicated that they analyzed their assessment results by item for students with disabilities during 2003 (see Figure 12). These states were Alaska, Kansas, Missouri, North Carolina, and Pennsylvania. A few states indicated that they planned to conduct item analyses in the future. These states included five regular states (Colorado, Delaware, Maine, South Carolina, Tennessee) and two unique states (Marshall Islands, Virgin Islands). Nearly one fourth of state directors in both the regular and unique states responded that they did not know whether results were analyzed by item for students with disabilities, perhaps reflecting a need for increased data discussions between state assessment and special education departments. One state director commented that the test vendor is required to research the impact of specific accommodations to determine whether they invalidate the test. In another state, items are subject to a complete analysis to detect bias and differential functioning. Items that are flagged as problematic do not appear on operational tests and are either removed from the item pool or revised and field tested again. None of the unique states currently analyze results by item; however, Marshall Islands and Virgin Islands are planning to do this in the future. Figure 12. States that Analyze Assessment Results by Item for Students with Disabilities
Universally Designed Assessments The term "universally designed assessments" refers to assessments that are designed and developed from the beginning to be accessible and valid for the widest possible range of students who have access to standards-based instruction, including students with disabilities and students with limited English proficiency. States are using several approaches to achieve universally designed assessments, including training item reviewers and establishing requirements for test contractors. For example, universal design is addressed in Missouri’s assessment contract and is a focus of its new grade level assessments. For more information about universally designed assessments, see NCEO’s Web site: http://education.umn.edu/nceo/TopicAreas/UnivDesign/UnivDesign_topic.htm. Most of the regular states indicated that they used some approach to universally designed assessments, primarily having a disability representative on the assessment bias review committee (see Table 9). None of the special education personnel in the unique states were aware of the development of universal design approaches for their state assessments. Table 9. Assessment Development Areas Using Universal Design The 22 regular states reported including a variety of disability representatives on their assessment bias or sensitivity review committees. These representatives are shown in Table 10. Computer-based State Assessments About 20 states were in the process of developing computer-based assessments during 2003. All but four of these states included special education personnel in the development process (see Figure 13). None of the unique states were developing computer-based assessments. Figure 13. Percent of States Developing Computer-based State Assessments
Note: No unique states indicated that they were developing computer-based state assessments. Kentucky initiated the Web-based delivery of the Kentucky Core Content Assessment in an accessible format in spring of 2003 (see Figure 14 for a description of CATS Online). There are many important considerations in developing accessible computer-based tests for students with disabilities. Virginia’s development of a computer-based assessment system included a subcontract to examine disability-related issues. Colorado commented on a critical issue faced by states as they consider developing computer-based assessments: "Many districts in the rural areas of Colorado do not have the equipment to conduct computer-based assessments. Given the budgetary concerns of the state at this time, computer-based assessments are not an option." For more information on this emerging priority, see NCEO’s report: Using Computer-based Tests with Students with Disabilities (http://education.umn.edu/nceo/OnlinePubs/Synthesis45.html). Figure 14. Kentucky’s CATS Online (Commonwealth Accountability Testing System) Approximately 200 students with disabilities took Kentucky’s statewide assessment (CATS) online for the first time in the spring of 2003. Eligibility for the computerized assessment requires: (1) student’s IEP or 504 plan requires use of a reader as an instructional and assessment accommodation; (2) student is using text or screen reader technology as a primary means of accessing printed material in the classroom on a routine basis; (3) student must have accessed and used the CATS Online Practice Area sufficiently for familiarity with site navigation and use of a text or screen reader for computerized reading of the online assessment. For more information about this assessment, see: http://www.kentuckyschools.net/KDE/Administrative+Resources/Testing+and+Reporting+/District+Support/CATS+Online+Assessment. Current and Emerging IssuesSeveral current and emerging issues were targeted in the 2003 survey. These included whether states (1) had graduation assessments, (2) had grade promotion assessments, (3) kept track of referrals to special education, (4) were using out-of-level tests, or (5) faced legal challenges to assessment or accountability systems. The states indicating that they were using each of these approaches in 2003, or faced legal challenges, are shown in Table 11. Table 11. Issues Addressed by States
* No Response High Stakes Graduation Assessments Twenty-four states had an assessment that determined or will determine whether students earn a standard high school diploma (see Figure 15). In addition, three states are working on implementing a high school graduation assessment. Two unique states have a graduation assessment in place. Figure 15. States with Graduation Assessments
For the states with an assessment used to determine whether a student received a standard high school diploma, passing the assessment in the same way as all other students was the only option available to students with disabilities in seven regular states and two unique states (see Table 12). Seven states allowed students with disabilities to earn a standard diploma without passing the graduation assessment. A few states had a juried or performance assessment or an appeals process in place as an alternative to passing the paper and pencil assessment. Table 12. Ways to Earn a Standard Diploma in States with Graduation Assessments
Assessment Results Used for Grade Promotion Thirty-eight regular states and five unique states do not use assessment results to determine whether students are promoted to the next grade (see Figure 16). Six states do use assessment results for grade promotion. For example, Florida uses a third grade reading test for promotion to fourth grade, with consideration of good cause exemptions. Louisiana administers high stakes tests in English Language Arts to 4th and 8th graders; these must be passed for a student who participates in the general assessment to be promoted. Figure 16. States that Use Assessment Results for Grade Promotion
Referrals for Special Education Services During 2003, 12 regular states and 8 unique states collected information at the state level on the number of referrals for special education services (see Figure 17). Several states reported that this information was collected at the district level. For example, Michigan commented, "We have a state-provided information system that districts may use. In this system there is a field to collect referral dates, including date of referral and date of consent. The system is not required by the state but is offered as a convenience to the local and intermediate districts for documenting compliance information." Six regular states and seven unique states commented on the changes in the number of students referred for special education services. Across the 13 states, 6 reported an increase in referrals, 2 reported a decrease in referrals, 3 reported no change, and 2 reported variable changes (ups and downs). Only one state reported specific numbers: The District of Columbia reported that in "2000-01 the average monthly referrals for special education services were 218.83. In 2001-02 the average monthly referrals dropped to 192.67. As of May, the 2002-03 average monthly referrals were 224.22 (this average will adjust down somewhat over the summer)." Figure 17. States with Special Education Referral Information
Legal Challenges Seven state directors reported legal challenges to their assessment or accountability systems, specifically with respect to the participation or performance of students with disabilities (see Figure 18). Four states commented that these challenges were related to the use of assessment accommodations, and three were about high stakes promotion and graduation policies. None of these legal challenges occurred in unique states. Figure 18. States with Legal Challenges to the Assessment Participation or Performance of Students with Disabilities
Note: No unique states reported legal challenges to the state assessment related to the participation or performance of students with disabilities. Gap Issues For many years there have been concerns about whether there are students for whom neither the general state assessment nor the alternate assessment is appropriate. Questions have been raised about whether the problem was with the student or the assessment (see Gray Areas of Assessment Systems http://education.umn.edu/NCEO/OnlinePubs/Synthesis32.html). When state directors were asked whether their assessment system was appropriately including all of their students, 22 regular states and 2 unique states indicated that their current assessment system was appropriate for all students. For example, Alaska’s director wrote, "We have a continuum of assessments that at present seem to serve our purpose." Montana’s director wrote, "We believe that our current state assessment system is appropriate for all students. No exceptions." However, 20 regular states did not agree, and another 8 did not respond or indicated that they were unable to tell at this time (see Table 13). Fourteen regular states described students achieving below grade level as those for whom the assessment system may be inappropriate. Colorado wrote, "The educational community has reported that there are students on IEPs for whom the general assessment (CSAP) is too difficult and the alternate (CSAPA) is inappropriate. However, it is unclear as to which students fit this description and whether this view is based on expected versus actual student performance." Four regular states and four unique states described students difficult to assess as those with the most severe cognitive disabilities. For example, Texas wrote, "Schools report being most challenged in finding and devising appropriate alternate assessment content and strategies for certain students in nursing care with degenerative neurological conditions, those in near coma states, and those with multiple sensory and physical disabilities who are functioning at very early pre-academic levels of development that are not easy to align to the state’s designated curriculum and state assessment content." Table 13. States with Students for Whom "Gap Issues" Exist*
*22 regular states and 2 unique states are not included in this table because they indicated that the assessment system is appropriate for all students. Out-of-Level or Levels Testing Options The percentage of states that reported offering out-of-level, levels, or other below-grade testing options in 2003 was 36% of regular states overall, with 13 regular states using out-of-level testing, and 5 regular states using levels testing (see Figure 19). One unique state also used out-of-level testing. State directors expressed concern about using below grade testing options. One director stated: "It was anticipated that out-of-level testing would be used for both diagnostic and instructional purposes. Unfortunately, test results did not produce information that teachers felt was useful." This director added that out-of-level testing will be eliminated from next year’s assessment options for students with disabilities. Four states indicated that out-of-level testing or levels testing was being phased out as a testing option in the state, and one additional state indicated that it would possibly be eliminated. Figure 19. Out-of-Level or Levels Testing Options
Emerging Issues Each time NCEO surveys states, it asks about emerging issues. The most common issue was general concern about meeting the requirements of the No Child Left Behind Act and the inclusion of students with disabilities in measures of AYP (Adequate Yearly Progress). Other issues identified by at least four states (see Table 14) include: alternate assessment participation and scoring; graduation and dropout rates of students with disabilities; IEP team decision making and knowledge of state standards; use of accommodations, universally designed assessments, and computer-based assessments; and "gap" issues. Issues identified by fewer than four states include: added burden for special educators, lack of instructional strategies to increase achievement, revisions in state standards, state level unique student identifiers, and amount of testing time. Table 14. Emerging Issues
Preferred Forms of Technical AssistanceTechnical assistance preferences of states are shown in Figure 20. The most highly preferred form of technical assistance in 2003 was information via the Internet. Conference calls also were an important form of technical assistance. Nearly all of the unique states selected descriptions of assessment practices in other states and information available via the Internet. Figure 20. Preferred Forms of Technical Assistance
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