Status of State-level Waivers of One Percent Cap on Alternate Assessments
As of April 29, 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. All waivers are available here.
USED approved 23 waivers in 2017-2018, 21 waivers/extensions in 2018-2019, 20 waivers/extensions in 2020-2021.
History of the 1% cap is available here.
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 2021-2022 need to submit new waiver or waiver extension requests
using participation data in accordance with information provided in this October 29, 2021 letter to States. (PDF).
Alternate Assessment participation rates in 2018-2019 for states with waivers in 2020-2021 are available here (PDF).
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| STATE |
2017-2018 SCHOOL YEAR |
2018-2019 SCHOOL YEAR |
2020-2021 SCHOOL YEAR |
2021-2022 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.
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| Alaska (AK) |
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| 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. |
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| 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 for 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. |
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| 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) |
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| 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. |
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| 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. |
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| 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 |
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| 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 |
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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.
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| 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) |
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| Idaho (ID) |
Waiver approved for ELA, Math and Science
See ID |
Waiver extension approved for ELA, Math and Science
See ID |
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| 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 |
| 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) |
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| 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 |
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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. |
| 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. |
| 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.
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Maine announced that the state was at or below the cap for 2018-2019. See announcement here.
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| 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 |
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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 intert 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 for 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 |
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| Mississippi (MS) |
Waiver approved for ELA, Math
and Science
See MS |
Waiver extension approved for ELA, Math and Science
See MS |
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| Missouri (MO) |
Waiver approved for ELA, Math and Science
See MO |
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| Montana (MT) |
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| 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) |
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| New Hampshire (NH) |
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| 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 |
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| New Mexico (NM) |
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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 |
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| 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 |
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| 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. |
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| North Dakota (ND) |
Waiver approved for ELA and Math
See ND |
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| 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 |
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| 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 |
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| 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 |
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One-year waiver approved for ELA and Math on 4-22-22. See RI approval letter and waiver request. |
| South Carolina (SC) |
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| South Dakota (SD) |
Waiver approved for ELA, Math and Science
See SD |
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| 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 |
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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) |
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| Vermont (VT) |
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Waiver extension request for Math approved on 5-17-21.
See VT for approval letter and waiver request.
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| 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 |
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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) |
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| 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 |
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| Wyoming (WY) |
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SOURCES: |
USED:
ESEA Waivers
ESEA Policy Letters to States
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