118 STAT. 2687 PUBLIC LAW 108–446—DEC. 3, 2004 1111 of the Elementary and Secondary Education Act of 1965, with appropriate accommodations and alternate assessments where necessary and as indicated in their respective individualized education programs. ‘‘(B) ACCOMMODATION GUIDELINES.—The State (or, in the case of a districtwide assessment, the local educational agency) has developed guidelines for the provision of appro priate accommodations. ‘‘(C) ALTERNATE ASSESSMENTS.— ‘‘(i) IN GENERAL.—The State (or, in the case of a districtwide assessment, the local educational agency) has developed and implemented guidelines for the participation of children with disabilities in alternate assessments for those children who cannot participate in regular assessments under subparagraph (A) with accommodations as indicated in their respective individualized education programs. ‘‘(ii) REQUIREMENTS FOR ALTERNATE ASSESS MENTS.—The guidelines under clause (i) shall provide for alternate assessments that— ‘‘(I) are aligned with the State’s challenging academic content standards and challenging stu dent academic achievement standards; and ‘‘(II) if the State has adopted alternate aca demic achievement standards permitted under the regulations promulgated to carry out section 1111(b)(1) of the Elementary and Secondary Edu cation Act of 1965, measure the achievement of children with disabilities against those standards. ‘‘(iii) CONDUCT OF ALTERNATE ASSESSMENTS.—The State conducts the alternate assessments described in this subparagraph. ‘‘(D) REPORTS.—The State educational agency (or, in the case of a districtwide assessment, the local educational agency) makes available to the public, and reports to the public with the same frequency and in the same detail as it reports on the assessment of nondisabled children, the following: ‘‘(i) The number of children with disabilities participating in regular assessments, and the number of those children who were provided accommodations in order to participate in those assessments. ‘‘(ii) The number of children with disabilities participating in alternate assessments described in subparagraph (C)(ii)(I). ‘‘(iii) The number of children with disabilities participating in alternate assessments described in subparagraph (C)(ii)(II). ‘‘(iv) The performance of children with disabilities on regular assessments and on alternate assessments (if the number of children with disabilities partici pating in those assessments is sufficient to yield statis tically reliable information and reporting that informa tion will not reveal personally identifiable information about an individual student), compared with the achievement of all children, including children with disabilities, on those assessments.
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