Memo to States Regarding Waivers of the Alternate Assessment Cap, 2024-25. [OESE-2024-09]

It is important for educators to collect accurate information on the academic performance of students with the most significant cognitive disabilities who may be assessed with an Alternate Assessment Aligned with Alternate Academic Achievement Standards (AA-AAAS) to inform decisions about resources, programs, instruction, and individualized supports and services. With the passage of the Every Student Succeeds Act (ESSA) of 2015, a State may not assess more than 1.0 percent of students with an AA-AAAS in the grades assessed. This memorandum describes the Department's expectations for 1.0 percent cap waiver requests and waiver extension requests for School Year (SY) 2024-2025 including guidance for: (1) States Applying for a New Waiver in SY 2024-2025; (2) States Applying to Extend a Waiver Granted or Extended in SY 2024-2025; (3) States Denied a Waiver in SY 2023-2024; (4) States Seeking a Combination New Waiver in SY 2024-2025 "and" an Extension of a Waiver Granted in SY 2023-2024; and (5) Resources and Procedures for Completing Waiver/Waiver Extension Requests. Appendix A provides Statutory and Regulatory Requirements for Requesting Waivers or Waiver Extensions from the 1.0 Percent Cap on AA-AAAS Participation and Appendix B gives the Suggested Format for Organizing the Assessment Participation Data Tables in a 1.0 Percent Cap Waiver Request.