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ESSA Analysis * ESSA presentations * ESSA Resources * Alternate Assessment

ESSA and Students with Disabilities

The table below provides information by state on the one percent cap on Alternate Assessments imposed by ESSA.
Information on the cap is available here.

 

Status of State-level One Percent Cap on Alternate Assessments by State

As of April 21, 2020 :: Shaded cells indicate no action.

UPDATE: USED has granted every state a waiver of the testing requirements of ESSA for the 2019-2020 school year, therefore, waivers of the 1% cap are not necessary. States that had pending waiver requests have rescinded them.

States will need to submit new waiver or waiver extension requests for the 2020-2021 school year.

Additional information has been provided to States in a June 9, 2020 letter available here.



STATE
2017-2018 SCHOOL YEAR
2018-2019 SCHOOL YEAR
2019-2020 SCHOOL YEAR
Alabama (AL) Requested a waiver; denied due to failure to submit request in a timely manner. See AL Waiver approved for ELA, Math and Science. See AL

Waiver extension approved on
2-24-20

Alaska (AK)      
Arizona (AZ)

Waiver approved for ELA/Math, denied for Science assessment.
See AZ

   
Arkansas (AR) Waiver approved for ELA/Math.
See AR
Waiver extension approved for ELA/Math. See AR Waiver extension approved on 1-29-20
California (CA)

Exceeded cap without a waiver as follows:
Reading/language arts: 1.09%
Mathematics: 1.09%
Science: 1.07%
and failed to access at least 95% of all students in Science and students w/ disabilities in ELA, Math and Science

See CA ------------------------------>

As a result of exceeding cap w/o waiver, the state must:
- submit a plan for reducing AA-AAAS participation in future years in order to come into compliance with the 1.0% requirement by August 1, 2019.

- submit assessment participation data (including AA-AAAS participation) via EDFacts for the 2018-2019 school year by October 1, 2019.

Exceeded cap in 2018-2019 in ELA, Math and Science. As a result, the state must submit assessment participation data in ELA, Math and Science and an update on the progress it has made in implementing its plan to ED by October 1, 2020.

See CA.

Colorado (CO)

Exceeded cap without a waiver as follows:
Science: 1.05%
and failed to assess at least 95% of students with disabilities in Science

See CO ------------------------------>

As a result of exceeding cap w/o waiver, the state must:
-submit a plan for reducing AA-AAAS participation in future years in order to come into compliance with the 1.0 percent requirement by August 1, 2019.

-submit assessment participation data (including AA-AAAS participation) via EDFacts for the 2018-2019 school year by October 1, 2019.

Initial data for 2018-2019 indicates that the state did not exceed the cap for Science. Following verification ED will remove the Title I, Part A grant condition.

See CO

Connecticut (CT)

Exceeded cap without a waiver as follows:

Reading/language arts: 1.50% Mathematics: 1.51%
Science: 1.51%

See CT ------------------------------>

 

As a result of exceeding cap w/o waiver, the state must:
-submit a plan for reducing AA-AAAS participation in future years in order to come into compliance with the 1.0% requirement by August 1, 2019.

-submit assessment participation data (including AA-AAAS participation) via EDFacts for the 2018-2019 school year by October 1, 2019.

Exceeded cap in 2018-2019 in ELA, Math and Science. As a result, the state must submit assessment participation data in ELA, Math and Science and an update on the progress it has made in implementing its plan to ED by October 1, 2020.

See CT

Delaware (DE)

Waiver approved for ELA, Math, Science
See DE

Waiver extension approved for ELA, Math;
Denied for Science due to failure to assess at least 95%


See DE

Waiver extension request denied due to failure to assess at least 95% of students w/ disabilities in ELA, Math and Science in 2018-2019 and all students in Science and failure to demonstrate progress in reducing the rates of students taking the alternate assessment in reading/language arts and mathematics.

See DE

District of Columbia (DC) DC exceeded the cap for ELA and Math but did not receive a letter about exceeding the cap w/o a waiver b/c it requested a waiver in 2018-2019 SY. Waiver approved for ELA and Math
See DC

 

Florida (FL)

Exceeded cap without a waiver as follows:
ELA: 1.40%
Mathematics: 1.51%
Science: 1.44%

See FL ------------------------------>

As a result of exceeding cap w/o waiver, the state must:
-submit a plan for reducing AA-AAAS participation in future years in order to come into compliance with the 1.0% requirement by August 1, 2019.

-submit assessment participation data (including AA-AAAS participation) via EDFacts for the 2018-2019 school year by October 1, 2019.

Waiver request approved on 2-21-20.

See FL

Georgia (GA)

Waiver approved for ELA, Math and Science

See GA

Waiver extension approved for ELA, Math and Science

See GA

Waiver extension request approved on 2-27-20.

See GA

Hawaii (HI)

Waiver approved for ELA and Math. Denied for Science due to failure to access at least 95% of students with disabilities
See HI

 

Exceeded cap without a waiver as follows:
Science: 1.11%
See HI -------------------------------->

Waiver extension approved for ELA, Math, denied for Science due to failure to access at least 95% of students with disabilities

As a result of exceeding cap w/o waiver, the state must:
-submit a plan for reducing AA-AAAS participation in future years in order to come into compliance with the 1.0% requirement by August 1, 2019.

-submit assessment participation data (including AA-AAAS participation) via EDFacts for the 2018-2019 school year by October 1, 2019

Waiver extension approved for ELA & Math; denied for Science due to failure to access at least 95% of students with disabilities (see below), on 12/30/19.

See HI

Data for 2018-2019 indicates the state assessed less than 1% of students in Science; as a result ED will remove the Title I, Part A grant condition.

See HI

Idaho (ID)

Waiver approved for ELA, Math and Science

See ID

Waiver extension approved for ELA, Math and Science

See ID

 

Illinois (IL)

Exceeded cap without a waiver as follows:
ELA: 1.12%
Math: 1.12%
Science: 1.09%
Also failed to access at least 95% of students w/ disabilities in Science

See IL ------------------------------>

As a result of exceeding cap w/o waiver, the state must:
-submit a plan for reducing AA-AAAS participation in future years in order to come into compliance with the 1.0% requirement by August 1, 2019.

-submit assessment participation data (including AA-AAAS participation) via EDFacts for the 2018-2019 school year by October 1, 2019

Waiver request submitted to ED on 12-11-19; rescinded due to broad testing waiver granted by ED

Indiana (IN)

Waiver approved for ELA and Math. Denied for Science due to failure to access at least 95% of students with disabilities

See IN

Waiver extension approved for ELA and Math

One year waiver approved for Science

See IN

The state posted a draft waiver extension request in January 2020, available here.

Iowa (IA)      
Kansas (KS)

Exceeded cap without a waiver as follows:
ELA: 1.14%
Math: 1.16%

See KS ------------------------------>

As a result of exceeding cap w/o waiver, the state must:
-submit a plan for reducing AA-AAAS participation in future years in order to come into compliance with the 1.0% requirement by August 1, 2019.

KS corrective action plan is here.

Waiver approved for ELA, Math and Science on 1-2-20

Waiver request is here.

See KS

Kentucky (KY)

Waiver approved for ELA, Math, and Science

See KY

Waiver extension approved for ELA, Math and Science

See KY

Waiver extension approved for ELA and Math on 1-2-20.

See KY (22 MB) for approval letter and waiver request.

Louisiana (LA)

Waiver approved for ELA and Math

See LA

Waiver extension approved for ELA and Math

See LA

Waiver extension request denied due to failure to make progress in reducing number of students assessed via AA-AAAS.

See LA.

Maine (ME)

Waiver request was denied due to failure to test at least 95% of students with disabilities
See ME

NOTE: USED reports that ME did not exceed the cap in ELA, Math or Science and therefore did not receive a letter regarding exceeding the cap w/o a waiver.

Maine announced that the state was at or below the cap for 2018-2019. See announcement here.

 

Maryland (MD)

Exceeded cap without a waiver as follows:
ELA: 1.10%
Math: 1.12%

See MD ------------------------------>

As a result of exceeding cap w/o waiver, the state must:
-submit a plan for reducing AA-AAAS participation in future years in order to come into compliance with the 1.0% requirement by Sept. 1, 2019.
Waiver request submitted to ED on 12-16-20; rescinded due to broad testing waiver granted by ED
Massachusetts (MA)

Waiver approved for ELA and Math

See MA

Waiver extension approved for ELA, Math and Science

See MA

Waiver extension approved for ELA, Math and Science on 1/2/20.

See MA

Michigan (MI)

Waiver approved for ELA, Math and Science

See MI

Waiver extension approved for ELA, Math and Science

See MI

Waiver extension request submitted to ED on 1-13-20; rescinded due to broad testing waiver granted by ED

Minnesota (MN)

Exceeded cap without a waiver as follows:
ELA: 1.36%
Math: 1.38%
Science: 2.00%

See MN ------------------------------>

As a result of exceeding cap w/o waiver, the state must:
- submit a plan for reducing AA-AAAS participation in future years in order to come into compliance with the 1.0% requirement by August 1, 2019.

-submit assessment participation data (including AA-AAAS participation) via EDFacts for the 2018-2019 school year by October 1, 2019.

Exceeded cap in 2018-2019 in ELA, Math and Science. As a result, the state must submit assessment participation data in ELA, Math and Science and an update on the progress it has made in implementing its plan to ED by October 1. 2020.

See MN

Mississippi (MS)

Waiver approved for ELA, Math and Science

See MS

Waiver extension approved for ELA, Math and Science

See MS

 

Nebraska (NE)

Waiver approved for ELA, Math and Science

See NE

Waiver extension approved for ELA, Math and Science

See NE

 

New Hampshire (NH)      
New Jersey (NJ)

Waiver request was denied due to failure to test at least 95% of students with disabilities. See NJ

Exceeded cap without a waiver as follows:
ELA: 1.23%
Math: 1.26%
Science: 1.46%
and failed to test at least 95% of all students and students w/ disabilities in ELA and Math

See NJ ------------------------------>

As a result of exceeding cap w/o waiver, the state must:
-submit a plan for reducing AA-AAAS participation in future years in order to come into compliance with the 1.0% requirement by August 1, 2019.

-submit assessment participation data (including AA-AAAS participation) via EDFacts for the 2018-2019 school year by October 1, 2019

Exceeded cap in 2018-2019 in ELA, Math and Science. As a result, the state must submit assessment participation data in ELA, Math and Science and an update on the progress it has made in implementing its plan to ED by October 1, 2020.

See NJ

New Mexico (NM)      
New York (NY)

Exceeded cap without a waiver as follows:
ELA: 1.75%
Maths: 1.74%
Science: 1.56%

See NY ------------------------------>

As a result of exceeding cap w/o waiver, the state must:
-submit a plan for reducing AA-AAAS participation in future years in order to come into compliance with the 1.0% requirement by August 1, 2019.

-submit assessment participation data (including AA-AAAS participation) via EDFacts for the 2018-2019 school year by October 1, 2019.

Exceeded cap in 2018-2019 in ELA, Math and Science. As a result, the state must submit assessment participation data in ELA, Math and Science and an update on the progress it has made in implementing its plan to ED by October 1, 2020.

See NY

North Carolina (NC)

Waiver approved for ELA, Math and Science

See NC

Waiver extension approved for ELA, Math and Science

See NC

Waiver extension request submitted to ED on 2-3-20; rescinded due to broad testing waiver granted by ED

North Dakota (ND)

Waiver approved for ELA and Math

See ND

   
Ohio (OH)

Waiver approved for ELA, Math and Science

See OH

Waiver extension approved for ELA, Math and Science

See OH

Waiver extension request approved 11/19/19

See OH

Oklahoma (OK)

Waiver approved for ELA, Math and Science

See OK

Waiver extension approved for ELA, Math and Science

See OK

Waiver extension request approved for ELA, Math and Science on 2-4-20

See OK for approval letter and waiver request.

Oregon (OR)

Exceeded cap without a waiver as follows:
ELA: 1.20%
Math: 1.21%
Science: 1.16%
and failed to access at least 95% of all students and students w/ disabilities in ELA, Math and Science.

See OR ------------------------------>

As a result of exceeding cap w/o waiver, the state must:
-submit a plan for reducing AA-AAAS participation in future years in order to come into compliance with the 1.0% requirement by August 1, 2019.

-submit assessment participation data (including AA-AAAS participation) via EDFacts for the 2018-2019 school year by October 1, 2019.

Exceeded cap in 2018-2019 in ELA, Math and Science. As a result, the state must submit assessment participation data in ELA, Math and Science and an update on the progress it has made in implementing its plan to ED by October 1. 2020.

See OR

Pennsylvania (PA)

Waiver request was denied due to failure to test at least 95% of students with disabilities. See PA

 

Exceeded cap without a waiver as follows:
ELA: 2.02%
Math: 2.01%
Science: 1.97%
See PA ------------------------------>

As a result of exceeding cap w/o waiver, the state must:
-submit a plan* for reducing AA-AAAS participation in future years in order to come into compliance with the 1.0% requirement by August 1, 2019.

* PA's plan is here.*

-submit assessment participation data (including AA-AAAS participation) via EDFacts for the 2018-2019 school year by October 1, 2019.

Exceeded cap in 2018-2019 in ELA, Math and Science. As a result, the state must submit assessment participation data in ELA, Math and Science and an update on the progress it has made in implementing its plan to ED by October 1. 2020.

See PA

Rhode Island (RI) RI exceeded the cap for ELA and Math but did not receive a letter about exceeding the cap w/o a waiver b/c it requested a waiver in 2018-2019 SY.

Waiver request approved for ELA and Math; denied for Science due to failure to access at least 95% of students with disabilities in Science

See RI

Waiver extension request submitted to ED on 1-10-20; rescinded due to broad testing waiver granted by ED

South Carolina (SC)      
South Dakota (SD)

Waiver approved for ELA, Math and Science

See SD

   
Tennessee (TN)

Waiver approved for ELA, Math and Science

See TN

Waiver extension approved for ELA and Math; denied for Science due to failure to access at least 95% of all students and students w/ disabilities in Science

See TN

Waiver extension request submitted to ED on 2-27-20; rescinded due to broad testing waiver granted by ED

Texas (TX)

Waiver approved for ELA, Math and Science

See TX

Waiver extension approved for ELA, Math and Science

See TX

Waiver extension request denied due to failure to show progress in decreasing percent of students assessed and failure to address disproportionality.

See TX

Utah (UT)      
Vermont (VT)    

Waiver request submitted to ED on 12-18-19; Request is available here. Rescinded due to broad testing waiver granted by ED

 

 

Virginia (VA)

Exceeded cap without a waiver as follows:
ELA: 1.16%

See VA ------------------------------>

As a result of exceeding cap w/o waiver, the state must:
-submit a plan for reducing AA-AAAS participation in future years in order to come into compliance with the 1.0% requirement by August 1, 2019.

 

Waiver request submitted to ED on 12-30-19; rescinded due to broad testing waiver granted by ED

Washington (WA)      
West Virginia (WV)

Waiver approved for ELA, Math and Science

See WV

Waiver extension approved for ELA, Math and Science

See WV

Waiver extension request submitted to ED on 12-30-19; rescinded due to broad testing waiver granted by ED

Wisconsin (WI)

Waiver approved for ELA, Math and Science

See WI

   
Wyoming (WY)      

SOURCES:

USED:
ESEA Waivers
ESEA Policy Letters to States

 
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