The Advocacy  Institute Logo
image Search   Contact UsDonatefacebookfacebook

 About UsProjectsServicesResourcesAdvocate AcademyAdvocacy in ActionHome page

image
improving the lives of people with disabilities
 

 

 

 

 


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 February 21, 2024 :: Shaded cells indicate no activity.

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.

Waiver activity for 6 years is as follows:
- 2017-2018: 23 waivers approved
- 2018-2019: 21 waivers/extensions approved
- 2019-2020: see note below
- 2020-2021: 20 waivers/extensions approved
- 2021-2022: 22 waivers/extensions approved and 5 requests denied*
- 2022-2023: 9 waivers/extensions approved and 14 requests denied*
*Some states received both an approval and a denial.

States that expect to exceed the 1% cap in School Year 2023-2024 must submit a request for a waiver or waiver extension as specified in this
Letter to States regarding requests for waiver or waiver extension for 2023-2024 (9-20-23) (PDF)

NOTE: In April 2020, the US Dept. of Education 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.

All correspondence with states regarding the 1% cap (other than waivers/extensions) is available here.

STATE
2017-2018 SCHOOL YEAR
2018-2019 SCHOOL YEAR
2020-2021 SCHOOL YEAR 2021-2022 SCHOOL YEAR 2022-2023 SCHOOL YEAR 2023-2024 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 January 27, 2022.

See AL approval letter and extension request.


Waiver extension request posted for public comment until Nov. 30, 2022. Request is posted here.

Waiver extension request denied on March 7, 2023 due to failure to show progress in reducing the AA-AAAS participation rate in R/LA, mathematics, and science between the 2018-2019 and 2021-2022 school years.

See AL denial letter and extension request.

Draft waiver request posted for public comment here.
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 January 7, 2022.

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.

Exceeded cap in 2021-2022 in ELA and Math as follows:
ELA: 1.11%
Math: 1.10%

As a result, the state must submit a plan for how the state will come into compliance.

See October 2023 letter to CA.

Waiver request for 2022-2023 school year denied on December 15, 2022 due to failure to test at least 95% of all students and students with disabilities in prior year.

See 12-15-22 denial letter and waiver request.

Agenda for California State Board of Education meeting on November 8, 2023 indicates intent to submit a waiver request for ELA, Math and Science for 2023-2024 despite not meeting the testing requirement that has resulted in denials in the previous three years.

See agenda item #11 for details.

 

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:

ELA: 1.50%
Mathematics: 1.51%
Science: 1.51%

As a result of exceeding cap w/o 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 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.

 

Exceeded cap in 2021-2022 in ELA, Math and Science as follows:

ELA: 1.11%
Math: 1.12%
Science: 1.03%

See October 2023 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.

Exceeded cap w/o a waiver in 2021-2022 in Science.

As a result, the state must submit a plan for how the state will come into compliance.

See October 2023 letter to DE.



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

One-year waiver extension for ELA, Math and Science denied on January 25, 2023 due to state's failure to meet the test participation requirements for all students and students with disabilities.

See DE denial letter and extension request.

Waiver extension request for ELA, Mathematics, and Science posted for public comment.

One-year waiver for ELA, Math and Science denied on December 7, 2023 due to state's failure to meet the test participation requirement for students with disabilities in the 2022-2023 school year.

See DE denial letter and waiver request.

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 February 18, 2022.

See FL approval letter and extension request.

 

Waiver extension request draft, scheduled to be submitted to USED, is posted here.

Waiver extension request denied on March 7, 2023 due to failure to show sufficient progress in reducing the percentage of students taking the AA-AAAS between the 2018-2019 and 2021-2022 school years and failure to assess at least 95 percent of students with disabilities in science in the 2021-2022 school year.

See FL denial letter and extension request and FL denial letter of revised request issued May 18, 2023.

Waiver request posted for public comment until Nov. 14, 2023. Draft waiver request for ELA, Math and Science is available here. Request will be submitted to USED on Nov. 28, 2023.
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 March 10, 2022.

See GA approval letter and extension request.

Waiver extension request posted for public comment until Nov. 11, 2022.

Waiver extension request denied on March 13, 2023 due to failure to show progress in reducing the AA-AAAS participation rate in R/LA, mathematics, and science between the 2018-2019 and 2021-2022 school years.

See GA denial letter and extension request and GA denial letter of revised request issued April 28, 2023.

 
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)

 

Exceeded cap w/o a waiver in 2021-2022 in Science as follows:
Science: 1.02%

As a result, the state must submit a plan for how the state will come into compliance.

See October 2023 letter to 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

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 May 16, 2022. Request for waiver extension in Science was denied due to state's failure to met the test participation requirements.

See IL approval/denial letter and waiver request.

Exceeded cap w/o a waiver in 2021-2022 in Science as follows:
Science: 1.04%

As a result, the state must submit a plan for how the state will come into compliance.

See October 2023 letter to IL.

Waiver extension request for Math and ELA and initial waiver request posted for public comment until Nov. 29, 2022.

See IL draft request.

Waiver extension request denied on March 17, 2023 due to insufficient progress in reducing the percentage of students taking the AA-AAAS in R/LA and mathematics between the 2018-2019 and 2021-2022 school years.

See IL denial letter and waiver request.

Revised waiver extension request denied on June 5, 2023. See IL denial letter and revised 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 April 22, 2022.

See IN approval letter and waiver request.

Intent to submit a waiver extension request thru Nov. 18, 2022.

One-year waiver extension approved for ELA, Math and Science on March 13, 2023.

See IN approval letter and waiver

One-year waiver extension request is available here.
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 January 27, 2022.

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 December 8, 2021.

See KY approval letter and waiver request.

Waiver extension request submitted on 8-15-22.

See KY waiver extension request.

One-year waiver extension approved for ELA, Math and Science on March 9, 2023.

See KY approval letter and waiver request.

Waiver extension request for Reading, Mathematics and Science submitted 8-15-23.

See KY waiver extension 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 March 17, 2022.

See LA approval letter and extension request.

Waiver extension request submitted to USED.

See LA waiver extension request.

Waiver extension request denied on March 7, 2023 due to insufficient progress in reducing the percentage of students taking the AA-AAAS in R/LA and mathematics between the 2018-2019 and 2021-2022 school years.

See LA denial letter and waiver 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 February 18, 2022.

See MD approval letter and extension request.

Maryland did not submit a waiver extension request and released an Action Plan to decrease participation rates. Announcement of intent to submit a waiver request posted for public comment until 11-17-23.

See MD announcement and draft waiver 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 January 27, 2022.

See MA approval letter and waiver request.

Announcement of intent to submit a waiver extension request posted for public comment until 12-16-22.
See MA announcement and draft request.

One-year waiver extension approved for ELA, Math and Science on March 1, 2023.

See MA approval letter and waiver request.

Announcement of intent to submit a waiver extension request posted for public comment until 12-15-23.
See MA announcement and draft 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 April 22, 2022.

See MI approval letter and waiver request.

Announcement of intent to submit a waiver extension request posted for public comment until 11-18-22. See MI announcement and draft request.

Waiver extension request denied on March 7, 2023 due to failure to assess at least 95 percent of all students with disabilities during the 2021-2022 school year.

See MI denial letter and waiver request.

Announcement of intent to submit a waiver request posted for public comment until 12-16-23. See MI announcement and draft 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 without a waiver 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

 

Exceeded cap w/o a waiver in 2021-2022 in ELA, Math and Science as follows:
ELA: 1.30%
Math: 1.33%
Science: 1.28%

As a result, the state must submit a plan for how the state will come into compliance.

See October 2023 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 July 22, 2022.

See MS denial letter and waiver request.

 

Waiver request posted for public comment.

Waiver extension request denied on March 7, 2023 due to failure to show progress toward the
requirement to assess not more than 1.0 percent of students using an AA-AAAS.
A grant condition has been placed on the State's fiscal year 2022 Title I, Part A
award

See MS denial letter and waiver request.

Waiver request submitted on September 12, 2023 denied on February 13, 2024 due to failure to address disproportionality and provide oversight to LEAs that exceed the 1% cap. Denial also notes failure to improve AA-AAAS participatiion. Grant conditioin remains in place and state must participate in monitoring calls w/ ED.

See MS denial letter and waiver request

Missouri (MO)

Waiver approved for ELA, Math and Science

See MO

         
Montana (MT)      

Exceeded cap w/o a waiver in 2021-2022 in ELA and Math as follows:
ELA: 1.07%
Math: 1.07%

As a result, the state must submit a plan for how the state will come into compliance.

See October 2023 letter to MT.

Request for public comment on draft proposed 1% waiver request.

See this announcement for comment details.

Waiver request denied on March 17, 2023 due to failure to access at least 95% of students with disabilities in prior year.

See MT denial letter and waiver request.

 
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 April 22, 2022.

See NE approval letter and waiver request.

   
Nevada (NV)            
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

 

Exceeded cap w/o a waiver in 2021-2022 in ELA, Math and Science as follows:
ELA: 1.62%
Math: 1.59%
Science: 1.51%

As a result, the state must submit a plan for how the state will come into compliance.

See October 2023 letter to NJ.

 

Waiver request posted for public comment until
12-27-23 per this announcement.

See draft waiver request.

 

New Mexico (NM)  

Exceeded cap without a waiver in 2018-2019 as follows:

ELA: 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

 

Exceeded cap w/o a waiver in 2021-2022 in ELA, Math and Science as follows:
ELA: 1.07%
Math: 1.07%
Science: 1.08%

As a result, the state must submit a plan for how the state will come into compliance.

See October 2023 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 without a waiver 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

 

Exceeded cap w/o a waiver in 2021-2022 in ELA, Math and Science as follows:
ELA: 1.47%
Math: 1.37%
Science: 1.11%

As a result, the state must demonstrate compliance.

See October 2023 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 May 10, 2022.

See NC approval letter and waiver request.

Waiver extension request for ELA, Math and Science draft available here.

One-year waiver extension request for ELA, Math and Science approved on March 10, 2023.

See NC approval letter and waiver request.

Waiver extension request posted for public comment until January 17, 2024.
See draft waiver and comment instructions.
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 January 27, 2022.

See OH approval letter and waiver request.

Waiver extension request for Science submitted November 29, 2022.

See OH waver extension request.

One-year waiver extension request for ELA, Math and Science approved on January 5, 2023.

See OH approval letter and waiver request.

OH waiver extension request submitted Nov. 24, 2023. NOTE: Ohio does not anticipate exceeding the cap in this school year.

One-year waiver extension request for ELA, Math and Science approved on February 20, 2024.

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 April 22, 2022. See OK approval letter and waiver request.

Oklahoma request for a waiver extension posted for public comment through December 7, 2022.

See OK draft waiver extension request.

Waiver extension request for ELA, Math and Science approved on March 7, 2023.

See OK approval letter and waiver request.

Oklahoma request for a waiver extension posted for public comment through December 1, 2023.

See OK draft waiver extension 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

 

Exceeded cap w/o a waiver in 2021-2022 in ELA and Math as follows:
ELA: 1.02%
Math: 1.01%

As a result, the state must submit a plan for how the state will come into compliance.

See October 2023 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

 

Exceeded cap w/o a waiver in 2021-2022 in ELA, Math and Science as follows:
ELA: 1.97%
Math: 2.06%
Science: 2.19%

As a result, the state's FY 2023 Title I, Part A grant award has been placed on "high-risk" status and the state must submit a plan for how the state will come into compliance.

See October 2023 letter to OR.

Read PA's February 2023 report on its progress toward reducing AA-AAAS participation.  
Rhode Island (RI) The state 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 April 22, 2022.

See RI approval letter and waiver request.

Exceeded cap w/o a waiver in 2021-2022 in Science as follows:
Science: 1.37%

As a result, the state must submit a plan for how the state will come into compliance.

See October 2023 letter to RI.

 

Waiver extension request to be submitted in January 2023 posted for public comment.

See this announcement.

Draft request is available here.

Waiver extension request denied on March 30, 2023 due to failure to test students as required, failure to post LEA information and failure to make progress in reducing participation.

See RI denial letter and extension request.

Waiver request to be submitted in January 2024 posted for public comment:

Public comment submission

Draft 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 April 22, 2022.

See TN approval letter and waiver request.

Waiver extension request draft posted here. No public comment period.

Waiver extension request denied on March 16, 2023 due to failure to show progress in reducing the AA-AAAS participation rate in R/LA, mathematics, and science between the 2018-2019 and 2021-2022 school years.

See TN denial letter and extension 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 April 22, 2022.

See TX approval letter and waiver request.

Extension waiver request to be submitted in Dec. 2022. No public comment period.

Draft available here.

Waiver extension request denied on March 7, 2023 due to failure to show progress in reducing the AA-AAAS participation rate in R/LA, mathematics, and science between the 2018-2019 and 2021-2022 school years.

See TX denial 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.

Exceeded cap w/o a waiver in 2021-2022 in ELA as follows:
ELA: 1.01%

As a result, the state must submit a plan for how the state will come into compliance.

See October 2023 letter to VT.

 

   
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 March 4, 2022.

Approval letter and waiver request available here.

One-year waiver extension request posted for public comment until November 28, 2022. See notice and waiver extension request.

One-year waiver extension request for ELA and Science approved on Feb. 28, 2023. Extension request denied for Math due to failure to test at least 95% of all students.

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 April 22, 2022.

WV approval letter and waiver request available here.

Waiver extension request posted for public comment. No comments were received.

Draft request available here.

Waiver extension request approved on March 7, 2023.

See WV approval letter and waiver request.

 

Waiver extension request for ELA, Math and Science is posted here.

 

Wisconsin (WI)

Waiver approved for ELA, Math and Science

See WI

         
Wyoming (WY)      

Waiver request for Science denied due to late submission on July 25, 2022.

Denial letter and waiver request available here.

Exceeded cap w/o a waiver in 2021-2022 in ELA, Math and Science as follows:
ELA: 1.07%
Math: 1.07%
Science: 1.10%

See October 2023 letter to WY.

Waiver extension request approved on March 9, 2023 for ELA, Math and Science.

See WY approval letter and waiver request.

Waiver extension request posted for public comment via this survey until November 24, 2023. Submitted to USED on December 6, 2023.

SOURCES:

USED:
ESEA Waivers
ESEA Policy Letters to States

 
About Us | Projects | Services | Resources | Advocacy in Action | Contact Us | Donate | Home

Copyright 2001-2024 The Advocacy Institute