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ESSA Analysis * ESSA presentations * ESSA Resources * Alternate Assessment

ESSA and Students with Disabilities

Status of State-level Waivers to Exceed the One Percent Cap on Alternate Assessments

As of September 20, 2022 :: Shaded cells indicate no action.

Information on the one percent cap is available here.
Waivers and waiver extensions are good for only one year. History of the 1% cap is available here. All waivers are available here.

The US Dept. of Education approved 23 waivers for 2017-2018, 21 waivers/extensions for 2018-2019,
20 waivers/extensions for 2020-2021, and 22 waiver/extensions for 2021-2022.

Information regarding the notice sent to states that exceeded the cap without a waiver is in the letter to states in 2019

In April 2020 the USED granted every state a blanket waiver of the testing requirements of ESSA for the 2019-2020 school
year due to widespread Covid19 school closures. Therefore, waivers of the 1% cap were not necessary for 2019-2020.
Waiver activity for 2019-2020 is available here.

States that anticipate exceeding the cap in 2022-2023 need to submit new waiver or waiver extension requests
at least 90 days in advance of the state testing in accordance with this USED Memo issued 9-20-22.

STATE
2017-2018 SCHOOL YEAR
2018-2019 SCHOOL YEAR
2020-2021 SCHOOL YEAR 2021-2022 SCHOOL YEAR 2022-2023 SCHOOL YEAR
Alabama (AL)

Requested a waiver; denied due to failure to submit request in a timely manner.

See AL for letter and waiver request.

Waiver approved for ELA, Math and Science.

See AL for approval letter.

Waiver extension for ELA, Mathematics, and Science approved on 2-10-21.

See AL for approval letter and extension request

Waiver extension request posted for public comment until Nov. 29, 2021. See AL for details. Request is posted here.

One-year waiver extension for ELA, Math and Science approved on 1-27-22.

See AL approval letter and extension request.


 
Alaska (AK)          
Arizona (AZ)

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

Exceeded cap in 2018-2019 in Science (1.14%) and had assessment participation rates that were less than 95 percent for students with disabilities in science.

As a result, the state must submit a plan for reducing its rate of AA-AAAS participation in future years in order to come into compliance with the 1.0 percent requirement to USED by by October 1, 2020. See July 2020 letter to AZ.

     
Arkansas (AR) Waiver approved for ELA/Math.
See AR
Waiver extension approved for ELA/Math. See AR

Waiver extension for ELA, Math and Science approved on 8-4-20.

See AR for approval letter and extension request.

One-year waiver extension for ELA, Math and Science approved on 1-7-22.

See AR approval letter and extension request.

 
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.

As a result of exceeding cap without a 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.

See June 2019 letter to CA

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 February 2020 letter to CA.

Denial of waiver request for 2020-2021 school year due to failure to test at least 95% of all students and students with disabilities issued on 1-15-21.

See CA for letter.

Denial of waiver request for 2021-2022 school year due to failure to test at least 95% of all students and students with disabilities in prior years.

See 6-21-22 denial letter and waiver request.

 
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

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.

See June 2019 letter to CO

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

USED letter to CO lifting grant condition (5-18-20)

 

 

 
Connecticut (CT)

Exceeded cap without a waiver as follows:

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

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.

See June 2019 letter to CT

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 February 2020 letter to 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

Exceeded cap in 2018-2019 and must submit plan for reducing AA-AAAS participation in future years to ED by October 1, 2020.

See July 2020 letter to DE.

 

One-year waiver extension for ELA and Math approved on May 12, 2022. Request for waiver extension in Science was denied due to state's failure to met the participation requirements.

See DE approval letter and extension request.

Request for public comment on waiver extension application. See announcement.
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

Exceeded cap in 2018-2019 in Science and must submit plan for reducing AA-AAAS participation in future years to ED by October 1, 2020. See July 2020 letter to DC

 

 

 
Florida (FL)

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

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.

See June 2019 letter to FL

 

Waiver extension request approved for ELA, Math and Science on 3-26-21

See FL for approval letter and waiver extension request.

Waiver extension request draft, scheduled to be submitted to USED is posted here. Comments can be submitted via email to the Bureau of Exceptional Student Education at BESESupport@fldoe.org until November 29, 2021.

One-year waiver extension for ELA, Math and Science approved on 2-18-22.

See FL approval letter and extension request.

 

 
Georgia (GA)

Waiver approved for ELA, Math and Science

See GA

Waiver extension approved for ELA, Math and Science on 4-12-18

See GA

Waiver extension request approved for ELA, Math and Science on 3-26-21

See GA approval letter and waiver extension request.

One-year waiver extension for ELA, Math and Science approved on 3-10-22.

See GA approval letter and extension request.

 
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%

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

See June 2019 letter to HI

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

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

USED letter to HI lifting grant condition (5-18-20)

 

 

 
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

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

See June 2019 letter to IL

Exceeded cap w/o waiver in 2018-2019, must submit plan to ED by October 1, 2020.

See July 2020 letter to IL

Waiver request approved for ELA and Math on 4-6-21.

Denied for Science due to failure to access at least 95% of students with disabilities in most recent year.

See IL for letter and waiver request.

Waiver request posted for public comment Nov. 2021
See IL

One-year waiver extension approved for ELA and Math on 5-16-22. Request for waiver extension in Science was denied due to state's failure to met the participation requirements.

See IL approval letter and waiver request.

 
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

Waiver approved for Science

See IN

Waiver extension approved for ELA, Math and Science on 3-26-21.

See IN for approval letter and waiver extension request.

One-year waiver extension approved for ELA, Math and Science on 4-22-22.

See IN approval letter and waiver request.

 
Iowa (IA)          
Kansas (KS)

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

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

KS corrective action plan is here

See June 2019 letter to KS

 

Waiver extension approved for ELA, Math and Science on 8-7-20

See KS for approval letter and waiver extension request.

Waiver extension request submitted June 2021. See KS waiver extension request.

One-year waiver extension approved for ELA, Math and Science on 1-27-22.

See KS approval letter and waiver request.

 
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, Math and Science on 3-26-21.

See KY for approval letter and waiver extension request.

Waiver extension request submitted on 8-17-21. See KY waiver extention request.

Waiver extension addendum submitted 11-1-21. See KY addendum.

One-year waiver extension approved for ELA, Math and Science on 12-8-21. See KY for approval letter and waiver request.

Waiver extension request posted for public comment August 1-12, 2022. See KY request.

Louisiana (LA)

Waiver approved for ELA and Math

See LA

Waiver extension approved for ELA and Math

See LA

Waiver extension approved for ELA and Math on 3-26-21.

See LA for approval letter and waiver extension request.

One-year waiver extension approved for ELA and Math on 3-17-22.

See LA approval letter and extension request.

 
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%

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

See June 2019 letter to MD

 

USED letter advising MD to submit waiver request for 20-21 if exceeding cap is anticipated.

Notice by MD re intent to submit waiver.

Waiver request approved for ELA, Math and Science on 3-26-21.

See MD for approval letter and waiver request.

Announcement of intent to submit a waiver extension request posted for public comment until 12-3-21.

See MD announcement.

Draft waiver extension request posted for public comment until January 5, 2022.

One-year waiver extension for ELA, Math and Science approved on 2-18-22.

See MD approval letter and extension request.

 
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 9-8-20

See MA for approval letter and waiver request.

Announcement of intent to submit a waiver extension request posted for public comment until 12-1-21.
See MA announcement.

One-year waiver extension approved for ELA and Math on 1-27-22.

See MA approval letter and waiver request.

 
Michigan (MI)

Waiver approved for ELA, Math and Science

See MI

Waiver extension approved for ELA, Math and Science

See MI

Waiver extension approved for ELA, Math and Science on 4-6-21.

See MI for approval letter and waiver extension request.

Announcement of intent to submit a waiver extension request posted for public comment until 12-3-21. See MI announcement.

One-year waiver extension approved for ELA, Math and Science on 4-22-22. See MI approval letter and waiver request.

 
Minnesota (MN)

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

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.

See June 2019 letter to MN

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 February 2020 letter to MN

 

 

 
Mississippi (MS)

Waiver approved for ELA, Math and Science

See MS

Waiver extension approved for ELA, Math and Science

See MS

 

Waiver request denied due to late submission and lack of public comment on 7-22-22.

See MS denial letter and waiver request.

 

Application for waiver posted for public comment.
Missouri (MO)

Waiver approved for ELA, Math and Science

See MO

       
Montana (MT)          
Nebraska (NE)

Waiver approved for ELA, Math and Science

See NE

Waiver extension approved for ELA, Math and Science

See NE

Waiver extension request for ELA and Math approved 4-26-21.

See NE for approval letter and request.

One-year waiver extension approved for ELA, Math and Science on 4-22-22.

See NE approval letter and waiver request.

 
Nevada (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

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

See June 2019 letter to NJ

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 February 2020 letter to NJ

 

 

 
New Mexico (NM)  

Exceeded cap in 2018-2019 as follows:

Reading/language arts: 1.01% Mathematics: 1.02%
Science:
1.17%

As a result, the state must submit plan to meet 1% cap in Science to ED by October 1, 2020.

See July 2020 letter to NM

     
New York (NY)

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

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.

See June 2019 letter to NY

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 February 2020 letter to 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 for ELA, Math and Science approved 5-17-21

See NC for approval letter and waiver request.

One-year waiver extension request for ELA, Math and Science approved on 5-10-22.

See NC approval letter and waiver request.

 
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 ELA, Math and Science approved 1-15-21

See OH

Waiver request posted for public comment November 8-15, 2021
See OH draft waiver request

One-year waiver extension request for ELA, Math and Science approved on 1-27-22.

See OH approval letter and waiver request.

 
Oklahoma (OK)

Waiver approved for ELA, Math and Science

See OK

Waiver extension approved for ELA, Math and Science

See OK

Waiver extension request for ELA, Math and Science approved 3-26-21

See OK for approval letter and waiver request.

Oklahoma request for a waiver extension posted for public comment thru January 18, 2022.

See OK draft waiver request.

One-year waiver extension approved for ELA, Math and Science on 4-22-22. See OK 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.

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.

See June 2019 letter to OR

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 February 2020 letter to 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%

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.

See June 2019 letter to PA

* PA's plan is here.*

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 February 2020 letter to 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

Due to exceeding cap in 2018-19 in Science, state must submit a plan for reducing rate of AA-AAAS participation in future years in order to come into compliance with the 1.0 percent requirement by October 1, 2020.

See July 2020 letter to RI

 

One-year waiver approved for ELA and Math on 4-22-22.

See RI approval letter and waiver request.

 
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

 

One-year waiver approved for ELA, Math and Science on 4-22-22. See TN approval letter and waiver request.

 
Texas (TX)

Waiver approved for ELA, Math and Science

See TX

Waiver extension approved for ELA, Math and Science

See TX

Waiver extension request for ELA, Math and Science approved on 5-17-21.

See TX for approval letter and request.

One-year waiver extension approved for ELA, Math and Science on 4-22-22. See TX approval letter and waiver request.

 
Utah (UT)          
Vermont (VT)    

Waiver extension request for Math approved on 5-17-21.

See VT for approval letter and waiver request.

 

 

 
Virginia (VA)

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

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

See June 2019 letter to VA

 

 

USED letter to VA advising state to submit a waiver request for 2020-2021 if it anticipates exceeding the cap. See VA.

Waiver extension request for ELA, Math and Science approved on
4-13-21

See VA for approval letter and waiver request.

One-year waiver extension request posted for public comment until 11-19-21. See notice and waiver extension request.

One-year waiver extension request for ELA, Math and Science approved on 3-04-22.

Approval letter and waiver request available here.

 
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 for ELA, Math and Science approved on
3-26-21

See WV for approval letter and waiver request.

One-year waiver extension request for ELA, Math and Science approved on 4-22-22.

WV approval letter and waiver request available here.

 
Wisconsin (WI)

Waiver approved for ELA, Math and Science

See WI

       
Wyoming (WY)      

Waiver request for Science denied due to late submission on 7-25-22.

Denial letter and waiver request available here.

 

SOURCES:

USED:
ESEA Waivers
ESEA Policy Letters to States

 
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