Accommodations Toolkit

Preferential Seating: States' Accessibility Policies, 2023

National Center on Educational Outcomes (NCEO)

This summary of states’ accessibility policies for preferential or specific seating is part of the Accommodations Toolkit published by the National Center on Educational Outcomes (NCEO).[1] The toolkit also contains a summary of the research literature on preferential seating.

Accessibility policies often have several tiers of accessibility features: universal features, designated features, and accommodations.[2] Figure 1 summarizes how states included preferential seating in their accessibility policies for students with disabilities in 2023. Figure 2 summarizes how states included preferential seating in their accessibility policies for English learners in 2023. Table 1 shows how preferential seating was included in the policies, while Table 2 contains additional details and specifications.

Figure 1. States’ Accessibility Policies for Students with Disabilities for Preferential Seating, 2023

Reading/ELA/Writing

  • Universal Features (U): 7 States
  • Designated Features (D): 14 States
  • Accommodations (A): 5 States

Math

  • Universal Features (U): 7 States
  • Designated Features (D): 14 States
  • Accommodations (A): 5 States

Science

  • Universal Features (U): 7 States
  • Designated Features (D): 14 States
  • Accommodations (A): 5 States

Figure 2. States’ Accessibility Policies for English Learners for Preferential Seating, 2023

Reading/ELA/Writing

  • Universal Features (U): 7 States
  • Designated Features (D): 14 States
  • Accommodations (A): 2 States

Math

  • Universal Features (U): 7 States
  • Designated Features (D): 14 States
  • Accommodations (A): 2 States

Science

  • Universal Features (U): 7 States
  • Designated Features (D): 14 States
  • Accommodations (A): 2 States

Table 1. Accessibility Policies for Tactile Graphics by State, 2020

U=Universal Feature, D= Designated Feature, A=Accommodation, ELA= English Language Arts, X = Allowed, SD = Allowed for Students with Disabilities, Blank cell = no policy found, N = Notes in Table 2

State

Reading/ELA/Writing

Math

Science

Notes

(See Table 2)

U

D

A

U

D

A

U

D

A

Alabama

Alaska

X

X

X

N

Arizona

X

X

X

N

Arkansas

X

X

X

N

California

Colorado

X

X

X

N

Connecticut

Delaware

X

X

X

N

District of Columbia

X

X

X

N

Florida

Georgia

SD

SD

SD

N

Hawaii

SD, E

SD, E

SD, E

Idaho

Illinois

X

X

X

N

Indiana

X

X

X

N

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

X

X

X

N

Massachusetts

X

X

X

N

Michigan

Minnesota

X

X

X

N

Mississippi

Missouri

X

X

X

N

Montana

Nebraska

X

X

X

N

Nevada

New Hampshire

New Jersey

X

X

X

N

New Mexico

X

X

X

New York

SD

SD

SD

N

North Carolina

X

X

X

N

North Dakota

Ohio

X

X

X

N

Oklahoma

X

SD, E

X

SD, E

X

SD, E

N

Oregon

Pennsylvania

Rhode Island

X

X

X

N

South Carolina

X

X

X

N

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

SD

SD

SD

N

Wisconsin

Wyoming

X

X

X

N

Total (Students with Disabilities)

7

14

5

7

14

5

7

14

5

Total (English Learners)

7

14

2

7

14

2

7

14

2

Note: No policies were identified that specifically addressed English learners.

Table 2. Details and Specifications: States’ Specific or Preferential Seating Accessibility Policies

State

Details/Specifications

Alaska

Administrative Consideration (Designated Feature):

Specific Seating: Seat students any place in the testing environment that helps them hear, see, focus, or otherwise engage with the test. For example, students might do their best when seated near or away from a window or vent or near the test administrator. Seating arrangements must ensure the student can access test materials, hear the test administrator and any recorded audio, and be monitored.

Arizona

Universal Test Administration Condition (Universal Feature):

Being seated in a specific location within the testing room or being seated at special furniture.

Arkansas

Designated Support:

Specific seat location (e.g., sitting in the front to see sign-language interpreter), or testing in a small group or one-to-one.

Colorado

Administrative Consideration (Designated Feature):

Specified seating: Seating students in specified locations in the testing environment during assessment is allowed, as determined at the local level. For example, a student may benefit from being seated away from the door or windows to minimize distractions or away from a heating/cooling vent. While seating is an administrative consideration, position students in a suitable manner for testing (i.e., lying on the floor during testing is not appropriate). Additionally, it is not appropriate to seat a student in a location that is not visible to the Test Administrator, such as behind a bookshelf separating the student from the rest of the room.

Delaware

Universal Feature:

Specified area or preferential seating: Student is seated or placed in a location that is most beneficial for learning and assessment. Select this option to provide students with preferential seating or a specific area in the room for testing.

District of Columbia

Administrative Consideration (Designated Feature):

Specified area or setting: Student is tested in a specialized area or setting (e.g., front of the classroom, seat near the door, library, etc.).

Georgia

Accommodation (Students with Disabilities):

A student may have preferential seating.

Illinois

Administrative Consideration (Designated Feature):

Specified area or setting: Student is tested in a specialized area or setting (e.g., front of the classroom, seat near the door, library, etc.).

Indiana

Universal Feature:

Seating arrangements are determined by the Test Administrator (TA) based on the best surroundings for the student. Some factors include lighting conditions, behaviors, and proximity to doors or windows.

Maryland

Administrative Consideration (Designated Feature):

Specified area or setting: Student is instructed or assessed in a specified area or setting (e.g., front of the classroom, seat near the door, library, etc.).

Massachusetts

Designated Accessibility Feature:

Seating in a specified area of the testing room, including the use of a study carrel.

Minnesota

General Support Available to All Students (Universal Feature):

Special settings: The assessment is administered in a special setting (for example, certain lights, acoustics, seating arrangements).

Missouri

Administrative Consideration (Designated Feature):

Specific seating or room

Nebraska

Universal Feature:

Focus/engagement assistance: Students may have access to items/conditions (e.g., fidgets, flexible seating, water bottle at student’s desk, music for individual students with headphones, gum/mints) they typically have access to during regular instruction to help with focus and/or engagement. New items/conditions should not be introduced to students specifically for testing nor be used in any way to incent performance. Item/conditions should be used in a manner that minimizes the possibility of distraction to other students (e.g., handed out before testing when possible). All care should be given to not interrupt or distract students during testing.

New Jersey

Administrative Consideration (Designated Feature):

Specified area or setting: Student is tested in a specialized area or setting (e.g., front of the classroom, seat near the door, library, etc.).

New York

Accommodation (Students with Disabilities):

Specialized seating

North Carolina

Designated Feature:

Preferential seating in the classroom (i.e., not in a separate setting) may be used for students for the administration of all tests in the Annual Testing Program. Preferential seating may be appropriate for students who have difficulty maintaining attention in a group setting, students who use specialized equipment that may be distracting to others, or students with visual impairments who may need special lighting or a seat closer to the front of the room. All preferential seating must be positioned in such a way that no student is able to see another student’s test documents.

Ohio

Administrative Consideration (Universal Feature):

The student sits in a specific place in the test setting, such as by the window for natural light or near the test administrator or proctor’s station.

Oklahoma

Designated Accessibility Feature:

Seating in a specified area of the testing room, including the use of a study carrel.

Accommodation:

Students may need to sit close to the front of the room so they can see or hear more easily, increase physical access, or have access to special equipment.

Rhode Island

Accessibility Feature (Universal Feature):

Student takes the test in a specific area of the testing room where they are most comfortable, including use of study carrel. Seating arrangements must ensure the student can access test materials, hear the test administrator and any recorded audio, and be monitored.

South Carolina

Administrative Consideration (Designated Feature):

Seat location/proximity

West Virginia

Accommodation (Students with Disabilities):

Description: Student is given special seating arrangements. Placement of student where they are most comfortable or placement of student near proctor.

Instructional practice: Special seating arrangements for students who are easily distractible are provided within the classroom to improve focus.

When to select: Students who are easily distracted or may have a visual/auditory disability. The preferential seating may be in a specific location (for example, away from windows, doors, or pencil sharpeners, near the teacher’s desk, or in the front of a classroom).

Notes for implementation:

  • Changes in instructional and assessment seating locations can benefit students who are easily distracted.
  • Students with physical disabilities might need a more accessible location within the testing environment.

Wyoming

Administrative Consideration (Designated Feature):

Specified area or seating: The student sits in a specific place in the test setting, such as by the window for natural light or beside the test administrator’s desk.

Attribution

All rights reserved. Any or all portions of this document may be reproduced and distributed without prior permission, provided the source is cited as:

  • Quanbeck, M., & Lazarus, S. S. (2024). Preferential seating: States’ accessibility policies, 2023 (NCEO Accommodations Toolkit #10b.1). National Center on Educational Outcomes.

NCEO is supported through a Cooperative Agreement (#H326G210002) with the Research to Practice Division, Office of Special Education Programs, U.S. Department of Education. The Center is affiliated with the Institute on Community Integration at the College of Education and Human Development, University of Minnesota. Consistent with EDGAR §75.62, the contents of this report were developed under the Cooperative Agreement from the U.S. Department of Education, but do not necessarily represent the policy or opinions of the U.S. Department of Education or Offices within it. Readers should not assume endorsement by the federal government. Project Officer: David Egnor