34 C.F.R. §300.138.  Participation in assessments.

The State must have on file with the Secretary information to demonstrate that--

(a) Children with disabilities are included in general State and district-wide assessment programs, with appropriate accommodations and modifications in administration, if necessary;

(b) As appropriate, the State or LEA--

(1)     Develops guidelines for the participation of children with disabilities in alternate assessments for those children who cannot participate in State and district-wide assessment programs;
(2)     Develops alternate assessments in accordance with paragraph (b)(1) of this section; and
(3)     Beginning not later than, July 1, 2000, conducts the alternate assessments described in paragraph (b)(2) of this section.