Accommodations vs. Modifications: A Teacher Reference
Grades 9–12 · Cross-Content SDI · NYS 8 NYCRR 200.4(d)(2)(vi) / 200.4(d)(3) · Teacher Reference
Teacher Note: A quick-reference to keep instruction and assessment decisions accurate and compliant. Always defer to the student’s IEP and current NYSED assessment guidance for specific allowable accommodations.
Regulatory Foundation
8 NYCRR 200.4(d)(2)(vi) — The IEP must state individual testing accommodations used in the program and on State/district assessments. 8 NYCRR 200.4(d)(3) — SDI adapts content, methodology, or delivery.
The Core Distinction
| Accommodation | Modification | |
|---|---|---|
| Changes… | HOW a student accesses or demonstrates learning | WHAT a student is expected to learn (the standard/content) |
| Standard level | Same grade-level standard and expectation | Altered or reduced expectation |
| Examples | Extended time, read-aloud (non-reading items), separate location, scribe, breaks | Fewer/different objectives, reduced answer choices, alternate content |
| On State assessments | Allowable per IEP and NYSED guidance | Generally not permitted — may invalidate scores |
| Documented in IEP as | Testing accommodations / program accommodations | Program modifications / modified expectations |
SECTION 1 — Common Accommodation Categories
- Presentation: read-aloud (per item rules), large print, braille, text-to-speech
- Response: scribe, speech-to-text, mark answers in test booklet
- Setting: separate/quiet location, small group, preferential seating
- Timing/Scheduling: extended time, frequent breaks, time of day
SECTION 2 — Decision Questions Before an Assessment
- Is this support in the student’s current IEP? (If not, it cannot be used.)
- Is it an accommodation (access) or a modification (changed content)?
- Is it allowable on this specific State assessment per current NYSED guidance?
- Has the student used it consistently in instruction? (Accommodations should not be new on test day.)
SECTION 3 — Common Pitfalls
- Using a read-aloud on a reading assessment that measures decoding (often not allowable)
- Introducing an accommodation only on test day
- Confusing a modification (changing the content) with an accommodation (changing access)
- Listing accommodations the student never actually uses
MLL Note
A student who is BOTH an MLL and a student with a disability may be eligible for both ELL testing accommodations (per NYSED ELL guidance) and IEP testing accommodations. These are coordinated but distinct — consult both the IEP and current NYSED ELL assessment guidance.
Suggested Placement: General Education, ICT, Resource Room, Self-Contained
Alignment Record
| Field | Value |
|---|---|
| Regulatory Codes | 8 NYCRR 200.4(d)(2)(vi); 8 NYCRR 200.4(d)(3) |
| Framework | NYS Special Education Regulations / IDEA 2004 |
| Source | nysed.gov — NYS Office of Special Education; NYSED assessment accommodations guidance |
| Confidence | High Confidence |
| Validation Notes | The accommodation/modification distinction and IEP testing-accommodation requirement (200.4(d)(2)(vi)) are confirmed. Specific allowable accommodations vary by assessment — resource directs users to current NYSED guidance. Teacher-reference material, not a legal IEP document. |