Yet the panel majority concluded, «This finding is consistent with the argument that students with
disabilities need more time to demonstrate their knowledge, skills, and abilities than the nondisabled students, and suggests that the scores of these students taken
under the
condition of extended time are more representative of their true performance than are the scores they would obtain from a
standard administration.»
The commissioner may also place
under preliminary registration review any school that has
conditions that threaten the health, safety and / or educational welfare of students or has been the subject of persistent complaints to the department by parents or persons in parental relation to the student, and has been identified by the commissioner as a poor learning environment based upon a combination of factors affecting student learning, including but not limited to: high rates of student absenteeism, high levels of school violence, excessive rates of student suspensions, violation of applicable building health and safety
standards, high rates of teacher and administrator turnover, excessive rates of referral of students to or participation in special education or excessive rates of participation of students with
disabilities in the alternate assessment, excessive transfers of students to alternative high school and high school equivalency programs and excessive use of uncertified teachers or teachers in subject areas other than those for which they possess certification.