The U.S. Department of Education will allow the exemption of no more than three percent of public school students in Texas from standardized testing because of learning disabilities.

The cap goes into effect during the next school year, but a department spokeswoman says the state won't be fined if the state gave an alternative test to five percent or fewer students last school year.

The federal department uses the tests to determine if states are complying with the federal No Child Left Behind law.

Originally, states could exempt one percent of students because of learning disabilities, but the department raised the limit to three percent after some states complained the rule was unrealistic.

The state and federal laws on how to test special education students were on a collision course last fall in Texas, and as a result thousands of Texas students were counted as automatic failures this year when scores were calculated to determine whether schools met basic federal standards.

About nine percent of the children in grades three through eleven were given an alternative test to the more rigorous Texas Assessment of Knowledge and Skills, or TAKS.

The alternative test measures students with learning disabilities ranging from dyslexia to Down Syndrome based on their skill level, not grade level appropriate for their age.

Click Here For Texas Education Agency Web Site

Click Here For U.S. Department Of Education Web Site