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ESSA requires states that anticipate exceeding the new 1% cap on the number of students who can be assessed via a state’s alternate assessment on alternate academic achievement standards to request a waiver from the U.S. Dept. of Education.
Many states have posted draft waiver requests for public comment. Get information on what must be included in a waiver request and tips for reviewing and commenting on a request in the document at http://www.advocacyinstitute.org/ESSA/AA-AAS.Waiver.Request.Tips.for.Advocates.pdf (also attached).
As of 11-22-17 the U.S. Dept. of Education reports that these states have submitted a waiver request: Kentucky, Mass, Indiana, and Penn. Of these, the Kentucky request has been approved.
It is important to note that if a state has failed to assess at least 95% of all students and at least 95% of students with disabilities on the latest statewide assessments in reading/language arts and math, the state may not request a waiver. So, a state may be exceeding the 1% cap but not submitting a waiver request. According to the U.S. Dept. of Education, approx. 12 states fall into this category.
Below is a list of states that have posted requests:
AR
https://arksped.k12.ar.us/documents/policyAndRegulations/Arkansas%20Alt%20Assessment%20Waiver%20Request.pdf (Comments through December 11,
2017)MI
http://www.michigan.gov/documents/mde/Alt_Assessment_waiver_606177_7.pdf (unclear how long comment period is open and there is no link to link to the actual waiver request document and whether there will be an opportunity to comment on that document, as required by ESSA)ME
https://mainedoenews.net/2017/11/09/webinars-planned-for-districts-over-1-for-alternate-assessment/ (announced plan to submit a waiver on December 19 but no information on the waiver request document or when comments will be permitted)LA
https://www.louisianabelieves.com/docs/default-source/academics/notice-of-intent-alternate-assessment-waiver-for-public-comment.pdf?sfvrsn=4 (asked for comments on intent to request waiver until October 21– but no link to the actual waiver request document and whether there will be an opportunity to comment on that document, as required by ESSA)IN
https://www.doe.in.gov/specialed/input-sought-proposed-waiver-law-limits-alternate-assessmentsOH
https://education.ohio.gov/Topics/Testing/Ohio-English-Language-Proficiency-Assessment-OELPA/Ohios-Alternate-Assessment-for-Students-with-Sig (comment period Oct 18-Nov 18)TN
https://www.tn.gov/assets/entities/education/attachments/sped_alt_assess_essa_1_perc_guide.pdf (provides notice of plan to submit waiver, but no link to the actual waiver request document and whether there will be an opportunity to comment on that document, as required by ESSA)ND
https://www.nd.gov/dpi/uploads/198/FinalPublicCommentWaiverversion2.pdf (asking for public comments through November 30)TX
https://tea.texas.gov/draft_waiver_request/ (public comment period runs for 30 days from November 10)GA
https://www.gadoe.org/School-Improvement/Federal-Programs/title-i/Documents/Title%20I,%20Part%20A/FY18/Alternate%20Assessment%20Cap%20Waiver%20Public%20Notice%20-%202017.08.22.pdf (provides notice of plan to submit waiver, but no link to the actual waiver request document and whether there will be an opportunity to comment on that document, as required by ESSA)MA
http://www.doe.mass.edu/news/news.aspx?id=24454 (provides notice of plan to submit waiver, but no link to the actual waiver request document and whether there will be an opportunity to comment on that document, as required by ESSA)KY
https://education.ky.gov/comm/news/Documents/Alt%20Assessment%20Waiver%207.19.17.pdf (comment period ended on August 2)WV
http://wvde.state.wv.us/osp/policy2520-16.html (comments due 12/1)
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