31.7(1) When required. When a parent, guardian, or legal custodian of a child of compulsory attendance age provides private instruction to a child without the assistance or supervision of a validly licensed Iowa practitioner as required by law and these rules, and the parent, guardian, or legal custodian does not hold a valid Iowa practitioner license appropriate to the ages and grade levels of the child under competent private instruction, the child is subject to initial baseline testing and an annual evaluation. For the 1992–93 school year and thereafter, a child who is at least seven years old by September 15, who begins a program of competent private instruction and is subject to the annual assessment requirement, shall be administered a baseline test for the purposes of obtaining educational data. The baseline test shall be taken by June 30, 1993, for programs of competent private instruction begun in school years 1991–92 and 1992–93, and shall be taken by May 1 in ensuing school years. Any test listed in subrule 31.7(2) may be used to fulfill the baseline test requirement, provided that the copyright date of the test publisher’s published national norms that are used for the test results being reported is within eight years of the school year in which the test is administered. The parent, guardian, or legal custodian may select either standardized testing or portfolio assessment for purposes of fulfilling the annual evaluation requirement of the law. 31.7(2) Standardized testing. A parent, guardian, or legal custodian of a child, who chooses standardized testing for the purpose of determining whether the child is making adequate educational progress, shall select one of the following instruments for the child to take: a. California Achievement Test (CAT); CTB McMillan/McGraw Hill. Reading: K–12.9 Language: K–12.9 Mathematics Composite: K–12.9 Science: 1.6–12.9 Social Studies: 1.6–12.9 b. Comprehensive Test of Basic Skills (CTBS). Reading: K–12.9 Language: 1.0–12.9 Mathematics Composite: K.1–12.9 Science: 1.0–12.9 Social Studies: 1.0–12.9 c. Iowa Tests of Basic Skills (ITBS); The Riverside Publishing Company. Reading: K.8–9.9 Language Total: K.1–9.9 Mathematics Total: K.1–9.9 Science: 1.7–9.9 Social Studies: 1.7–9.9 d. Iowa Tests of Educational Development (ITED); The Riverside Publishing Company. Written Expression: 9.0–12.9 Quantitative Thinking: 9.0–12.9 Social Studies: 9.0–12.9 Natural Science: 9.0–12.9 Literary Materials: 9.0–12.9 Vocabulary: 9.0–12.9 Sources of Information: 9.0–12.9 e. Metropolitan Achievement Tests (MAT); The Psychological Corporation. Reading: K.0–12.9 Language: K.0–12.9 Mathematics Composite: K.0–12.9 Science: 1.5–12.9 Social Studies: 1.5–12.9 f. Stanford Achievement Test; The Psychological Corporation. Reading: K.0–12.9 Language: 1.5–12.9 Mathematics Composite: 1.5–9.9 Science: 3.5–12.9 Social Studies: 3.5–12.9 g. Stanford Achievement Test, Abbrev.; The Psychological Corporation. Reading: 1.5–12.9 Language: 1.5–12.9 Mathematics Composite: 1.5–9.9 Science: 3.5–12.9 Social Studies: 3.5–12.9 Braille or large print editions of the above tests are available for vision–impaired children. Testing norms are available for the vision– and hearing–impaired child. In the event that the parent, guardian, or legal custodian of a child under competent private instruction and subject to the annual assessment requirement wishes to have the child take a standardized test not listed above, the parent shall request permission of the director of the department of education to use a different test. The decision of the director shall be final. A child under competent private instruction and subject to an annual evaluation whose educational program and instructional materials are designed for students in grades 1 through 5 shall, at a minimum, be tested in the areas of reading, language, and mathematics. A child whose educational program and instructional materials are designed for students in grades 6 through 12 shall, at a minimum, be tested in the areas of reading or literary materials, language or written expression, mathematics or quantitative thinking, science, and social studies. A child subject to the annual assessment requirement, who takes a standardized test from the above list, shall take a grade level form of the test that corresponds most closely to the child’s chronological age unless permission is granted by the test administrator to take another grade level form of the test. When a parent, guardian, or legal custodian requests another form of the test, the test administrator shall make a decision based upon the following: (1) A review of the instructional materials used by the child in the education program; (2) Results of curriculum–based measurement techniques including the administering of probes; and (3) A review of current samples of the child’s work product. The decision of the test administrator as to the appropriate grade level form of the standardized test to be taken shall be final. If retesting is desired, a different form of the same test or a different test shall be administered to the child sufficiently in advance to allow for processing of the test results prior to the first day of classes of the succeeding school year of the resident school district. 31.7(3) Testing times and sites. Standardized test results are normed against a population taking the same test at approximately the same time of year. Norms for the above listed tests exist for fall, winter, and spring. Because the annual assessment is used, in part, to determine whether the child has made at least six months’ progress from the previous test, annual standardized tests used for determining whether adequate progress has been achieved shall be taken at approximately the same time each year. The school district of residence of the child shall annually, by October 1, provide the following notification to a parent, guardian, or legal custodian who has selected the standardized testing form of evaluation for a child under competent private instruction: a. The times and dates when standardized tests will be administered by the public school district and the area education agency over the school year, including fall, winter, and spring testing times. A school district or area education agency shall administer standardized tests at the child’s home when testing in the home is requested; b. A data sheet showing the costs associated with each test listed in subrule 31.7(2); and c. A reply form for the parent, guardian, or legal custodian to complete indicating the date, location, and test selected, including the grade level form of the test; an indication of whether the parent, guardian, or legal custodian wishes to be present for testing; and any special requests such as Braille or large print forms of the test. School districts and area education agencies shall cooperate in the purchasing and processing of test materials to reduce the cost of testing insofar as possible. Unless the child is under dual enrollment, the parent, guardian, or legal custodian of a child who has selected the standardized testing option of annual assessment shall timely reimburse the school district for the cost of testing the child. 31.7(4) Portfolio assessment or evaluation. In lieu of standardized testing for purposes of annual assessment, a parent, guardian, or legal custodian of a child under competent private instruction and subject to the annual assessment requirement may arrange to have a qualified, licensed, Iowa practitioner review a portfolio of evidence of the child’s progress by May 1, 1993, and annually by May 1 thereafter, subject to the following requirements: a. Portfolio evaluators. A single evaluator shall be designated by each parent, guardian, or custodian who has selected the portfolio evaluation option for annual assessment. The evaluator so identified shall be approved by the superintendent of the local school district or the superintendent’s designee, and shall hold a valid Iowa practitioner license or teacher certificate appropriate to the ages and grade levels of the children whose portfolios are being assessed. For children whose grade level of study is any of grades 1 through 5, the portfolio evaluator shall hold a valid Iowa license as an elementary practitioner or an elementary endorsement. For children whose grade level of study is in any of grades 6 through 9, the portfolio evaluator shall hold a valid Iowa license as either an elementary or a secondary practitioner or hold either an elementary or a secondary endorsement. For children whose grade level of study is in any of grades 10 through 12, the portfolio evaluator shall hold a valid Iowa license as a secondary practitioner or hold a secondary endorsement. A portfolio evaluator may not evaluate the portfolios of more than 25 students per year without permission of the director of the department of education. b. Contents of portfolio. The child’s portfolio shall contain evidence of academic progress in the minimum curriculum areas of reading, language arts, and mathematics if the child under private instruction is in grade levels 1 through 5. For children in grade levels 6 through 12, the portfolio shall contain evidence in the minimum curriculum areas of reading, language arts, mathematics, science, and social studies. For each curriculum area, the portfolio shall include a book of lesson plans, a diary, or other written record indicating the subject matter taught and activities in which the child has been engaged, and an outline of the curriculum used by the child. The portfolio may also include a list of, a reference to, or material from the textbooks and resource materials used by the student in each subject area. The portfolio shall also include copies of tests or other formal and informal assessment instruments used to measure student progress over the current academic year if given, a copy of the baseline test, and the most recent assessment report of the student’s annual progress. For each subject area to be evaluated, the portfolio shall include examples of the student’s work, and may include self–assessments by the student. c. The parents of a child subject to the annual assessment requirement who has a physical or mental disability so significant that the results of a standardized test would be meaningless for assessment purposes may request the department’s approval of an alternative evaluation. d. For a child subject to annual assessment who is enrolled as a student of a correspondence school which is a member of a national or regional accrediting association which is recognized by the United States Secretary of Education and accredited for elementary and secondary education, the department may accept as an alternative assessment the annual report of progress sent by the correspondence school to the child’s parents, if the annual report of progress includes a listing of subjects taken and grades received. A passing grade in all content areas for which annual assessment is required shall be deemed evidence of adequate progress for the purpose of annual assessment.