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It explains IDEA expectations for including students with disabilities in assessments, circumstances for alternate assessment selection, and why inappropriate AA-AAAS inclusion must be avoided. It summarizes statutory and regulatory waiver requirements under ESSA amendments, references prior guidance and posted waiver decisions, and notes declining historical waiver activity across subject areas.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/requirements-to-request-a-waiver-or-waiver-extension-for-the-2024-25-school-year-from-the-10-percent-cap-on-aa-aaas/587004/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/requirements-to-request-a-waiver-or-waiver-extension-for-the-2024-25-school-year-from-the-10-percent-cap-on-aa-aaas/587004.png","ImageObject",300,407,{"name":92,"@type":93},"Fahsai","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-31","2026-10-15",true,{"@type":102,"interactionType":103,"userInteractionCount":39},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What is the 1.0 percent cap related to AA-AAAS?","Question",{"text":112,"@type":113},"The cap limits the percentage of students with the most significant cognitive disabilities who may be assessed using an AA-AAAS in the grades assessed.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"When does IDEA require a student to use an alternate assessment?",{"text":117,"@type":113},"If an IEP Team determines the student cannot participate in the regular State or districtwide assessment, it must document why the student cannot participate and why the selected alternate assessment is appropriate.",{"name":119,"@type":110,"acceptedAnswer":120},"What is the purpose of this memorandum for SY 2024-25?",{"text":121,"@type":113},"It provides information on submitting waiver requests or waiver extensions for exceeding the 1.0 percent cap on AA-AAAS participation for the SY 2024-25 assessment administration.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},587004,1792062246,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":39,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":52,"language":139,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":140,"faqs":141,"seo_title":142,"seo_description":67,"update_tm":143,"read_time":144,"preview_page_count":4},549768702563,"https://ap-avatar.wpscdn.com/avatar/8000c4aa63b76e948b?x-image-process=image/resize,m_fixed,w_180,h_180&k=1786536092046926083","DATE: October 3, 2024  \nTO: State Assessment Directors  \nState Title I Directors  \nState Special Education Directors  \nFROM: Patrick Rooney  \nDirector, School Support and Accountability  \nOffice of Elementary and Secondary Education  \nValerie C. Williams  \nDirector, Office of Special Education Programs  \nOffice of Special Education and Rehabilitative Services  \nSUBJECT: Requirements to Request a Waiver or Waiver Extension for the 2024-25 School Year from the 1.0 Percent Cap on the Percentage of Students with the Most Significant Cognitive Disabilities Who May Be Assessed with an Alternate Assessment Aligned with Alternate Academic Achievement Standards  \nThe U.S. Department of Education (Department) appreciates your continued work to provide a high-quality education for all students. These efforts include regularly examining the expectations for children with disabilities, including English learners with disabilities and children with the most significant cognitive disabilities. Holding high expectations for these students is key to helping all students meet or exceed challenging academic standards.  \nCrucial to this work is the inclusion of all children with disabilities in State-and district-wide assessments as determined by their respective individualized education programs (IEPs), as required under section 612(a)(16) of the Individuals with Disabilities Education Act (IDEA)– either in a general grade-level assessment with or without accommodations or, for those students with the most significant cognitive disabilities, an alternate assessment aligned with alternate academic achievement standards (AA-AAAS) . IDEA requires that if an IEP Team determines that the student must take an alternate assessment instead of a particular regular State or districtwide assessment of student achievement, the IEP Team must include a statement in the student’s IEP ofwhy the student cannot participate in the regular assessment; and why the particular alternate assessment selected is appropriate for the student (34 CFR § 300.320(a)(6)(ii)) .  \nNearly all students with disabilities should be expected to make academic progress measured against grade-level achievement standards. Alternate academic achievement standards are appropriate for only a very small number of students – those with the most significant cognitive  \ndisabilities – who comprise no more than 1.0 percent of all students assessed. It is critical that students with disabilities are not inappropriately included in an AA-AAAS if such assessment does not meet their individual needs as determined by the IEP Team or other placement team (e.g., 504 placement team) .  \nIn this memorandum, we are providing information regarding the submission ofwaiver requests for the 1.0 percent cap on AA-AAAS participation in the school year (SY) 2024-25 assessment administration. With the passage of the Every Student Succeeds Act (ESSA) of 2015, which amended the Elementary and Secondary Education Act of 1965 (ESEA), a State may not assess more than 1.0 percent of students with an AA-AAAS in the grades assessed (ESEA section 1111(b)(2)(D)(i)(I)) .  \nOn December 8, 2016, the Department published final regulations (see: [https://www.govinfo.gov/content/pkg/FR-2016-12-08/pdf/2016-29128.pdf](https://www.govinfo.gov/content/pkg/FR-2016-12-08/pdf/2016-29128.pdf)), based on the consensus reached through negotiated rulemaking, related to academic assessments under Title I, Part A of the ESEA. These regulations included the requirements for a State to request a waiver if it anticipates exceeding the 1.0 percent cap (34 CFR § 200.6(c)(4)) . This requirement was first in effect for SY 2017-18. The Department may grant a one-year waiver to a State to assess more than 1.0 percent of students with an AA-AAAS, provided the State meets certain statutory and regulatory requirements. The Department previously issued guidance to States on applying for 1.0 percent cap waivers in May 2017, August 2018, June 2020, October ","cbCaifolwiVogkX1","https://ap.wps.com/l/cbCaifolwiVogkX1","pdf",218069,"English","# Waiver scope for SY 2024-25\n## AA-AAAS participation cap and eligibility rationale\n## IDEA requirements for IEP documentation\n## Statutory basis under ESSA/ESEA\n## Prior regulations, guidance, and posted waiver decisions\n## Trends in AA-AAAS participation rates","[{\"question\":\"What is the 1.0 percent cap related to AA-AAAS?\",\"answer\":\"The cap limits the percentage of students with the most significant cognitive disabilities who may be assessed using an AA-AAAS in the grades assessed.\"},{\"question\":\"When does IDEA require a student to use an alternate assessment?\",\"answer\":\"If an IEP Team determines the student cannot participate in the regular State or districtwide assessment, it must document why the student cannot participate and why the selected alternate assessment is appropriate.\"},{\"question\":\"What is the purpose of this memorandum for SY 2024-25?\",\"answer\":\"It provides information on submitting waiver requests or waiver extensions for exceeding the 1.0 percent cap on AA-AAAS participation for the SY 2024-25 assessment administration.\"}]","Requirements to Request a Waiver or Waiver Extension for the 2024-25 School Year from the 1.0 Percent Cap on AA-AAAS | PDF",1792060416,25]