February 8, 2007

Office of the Superintendent of Public Instruction
Old Capital Building
P.O. Box 47200
Olympia, WA  98504-7200

Governor Christine Gregoire
Legislative Building
P.O. Box 40002
Olympia, WA  98504-0002

Attorney General Rob McKenna
P.O. Box 40100
Olympia, WA 98504-0100

Bethel School District
516 E. 176th St.
Spanaway, WA 98387

U.S. Attorney General Jeff Sullivan
700 Stewart Street, Suite 5220
Seattle, WA 98101-1271

Re: Washington Alternate Assessment System-Portfolio

Dear Addressees:

I am writing this letter to inform you that my son DV, a 7th grade student who is deaf and visually impaired will not take part in the WAAS-Portfolio or any other form of state assessment aligned with the Washington Assessment of Student Learning. My decision is based on the information that I have obtained concerning the WAAS-Portfolio, its requirements and administration.

On February 7, 2007, I spoke to Judy Kraft, Office of the Superintendent of Public Instruction Alternate Assessment Specialist.  Ms. Kraft explained that the scoring criteria for evidence submissions of the WAAS-Portfolio is based on a one-week review of submitted evidence by all student portfolios and then used as the scoring guides for determining whether the evidence submitted by teachers for individual students meets the standards defined in Figure 1. When I shared with Ms. Kraft my concerns relating to the process, EALR extensions and evidence examples presented in the teachers guide to WAAS-Portfolio, she recommended that I “opt-out” of the WAAS-Portfolio.

The current system does not allow students the option of opting-out and still receiving a high school diploma. My son, who is an individual with a disability, will graduate after the year 2008, which is the first year students must have passed the 10th grade reading, writing, and math portions of the WAAS, and come the year 2010, my son must pass the reading, writing, math and science in order to receive a high school diploma. The recommendation made by Ms. Kraft, OSPI Alternate Assessment Specialist, does not support my son receiving his high school diploma. The OSPI has developed an alternate assessment that discriminates against students with severe disabilities by holding them to standards that are not based on academic achievement. Instead, the assessment focuses on a student’s social relationship with his or her peers, self-determination, his or her ability to modify and make adaptations to his or her environment and demonstrate an ability to perform skills “in an extensive variety of settings or context.” OSPI has not released examples of what evidence is considered a Level 1, 2, 3 or 4, which would be the equivalent to the WASL released items’ annotations, rubrics and anchor sets.

The Washington Alternate Assessment System-Portfolio is assessing the behaviors of a student with severe disabilities, not his or her academic skills. When assessing a student’s academic achievement in reading, writing, math and science the Washington state is requiring school Districts to present, for scoring, evidence of a student’s performance in the following areas:


The state list acceptable evidence as


The state requires that each entry of evidence “consist of at least five pieces of evidence that indicate progress over time, self-determination, use of supports, generalization, and social relationships” (OSPI, 2006).  The student is assessed according to his or her behavior not his or her academic abilities.

General education students are not being assessed in the areas of social relationships and self-determination or are their abilities to access various forms of supports, such as assistive technology, modifications and adaptations being assessed, or are they being required to perform academic skills in various settings or contexts, such as their homes, places of employment or community settings. General education students are not required to submit evaluations from their peers, parents or general education teachers. 

The Washington state scoring criteria for children with severe disabilities is demonstrated in Figure 1 (See page 30).

In the teachers guide to the WAAS-Portfolio (OSPI, 2006), teachers are given guidance of what evidence a student with severe disabilities must submit as evidence to demonstrate he or she has achieved a level 3 or 4 in the areas of self-determination and social relationships, and a level 3 or 4 in the area of accessing modifications and adaptations appropriately, and the ability to perform skills in “extensive variety of settings and context.”

The guide, in various forms, gives direction to how students with severe disabilities must perform and what types of evidence will demonstrate a student has met the reading, writing, math and science standards as evidenced through the generalization skills of self-determination, social relationships, settings and context, and modifications and adaptations.  Some examples are


I have many concerns with WAAS-Portfolio.  Some of those concerns are listed below:


In conclusion, the state of Washington has designed an alternate assessment system that is being used as the alternate form of testing for qualified students with disabilities and utilizing criteria and methods of administration that have the effect of subjecting qualified individuals with disabilities to discrimination on the basis of disability; that have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the public entity’s program with respect to individuals with disabilities; and that perpetuates the discrimination of another public entity if both public entities are subject to common administrative control or are agencies of the same State.

I request that the Governor, through the Attorney General seek a court mandate to stop the administration of the current WAAS-Portfolio. The State must develop a system that assesses the academic achievements of the individual students with disabilities qualifying for the alternate assessment, not an assessment that scores their social relationships, self-determination, ability to make modifications and adaptations, and ability to perform in “extensive variety of settings or context."

Please provide a written response to this letter of the action you will be taking to stop the administration of the WAAS-Portfolio.

Sincerely,
Nancy Vernon

cc:  Representative Dave Quall
      Senator Rosemary McAuliffe
      Speaker of the House Frank Chopp

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March 1, 2007 letter requesting information about WAAS Portfolio
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