Out-of-level testing has been proposed as an approach to including more students with disabilities in statewide tests. Currently, 12 states have policies to test students out of level with more states considering the possibility. However, the policy and practice of out-of-level testing are surrounded by concerns that have not been fully addressed by research. In this article, we present our initial findings related to the psychometric issues and the current policies and practices of out-of-level testing. We conclude with a discussion of future research needs that are important considerations for practitioners who test students with disabilities out of level in statewide assessment programs.