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Reviews which content areas are covered by the 95% rule and how parental opt-out policies affect reaching required participation levels. Finds all states addressed the requirement, but only 28 included consequences and most states used specific approaches to incorporate participation into proficiency.",{"@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/two-pieces-of-a-puzzle-the-95-participation-requirement-in-state-plans-and-states-opt-out-policies/586072/",{"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/two-pieces-of-a-puzzle-the-95-participation-requirement-in-state-plans-and-states-opt-out-policies/586072.png","ImageObject",300,407,{"name":92,"@type":93},"Jordan Avery","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-11-10","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 does the 95% participation requirement apply to in state accountability systems?","Question",{"text":112,"@type":113},"It applies to students with disabilities participating in state assessments used for accountability, including reading and mathematics for all states, with some states potentially adding additional content areas.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"How do states handle parental opt-out when meeting the 95% participation rate?",{"text":117,"@type":113},"States vary in response to opt-out, with some prohibiting opt-out and others allowing it or addressing it without specifying consequences, impacting how participation targets are achieved.",{"name":119,"@type":110,"acceptedAnswer":120},"What consequences did states include for failing to meet the participation requirement?",{"text":121,"@type":113},"Although all states addressed the requirement, only 28 states included consequences such as improvement plans, penalties like lowering a grade level, and monitoring or audits, with escalation over multiple years for some.","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},586072,1792062243,{"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":139,"language":140,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":141,"faqs":142,"seo_title":143,"seo_description":67,"update_tm":144,"read_time":145,"preview_page_count":4},1099523882367,"https://ap-avatar.wpscdn.com/davatar_9964176cb1d06d4a9deccf72a44ae3dc","NCEO Report 443  \nTwo Pieces of a Puzzle: The 95% Participation Requirement in State Plans and States’  \nOpt-out Policies  \nNCEO Report 443  \nTwo Pieces of a Puzzle: The 95% Participation Requirement in State Plans and States’ Opt-out Policies  \nMari Quanbeck, Sheryl S. Lazarus, and Andrew R. Hinkle  \nJune 2024  \nAll rights reserved. Any or all portions ofthis document may be reproduced and distributed without prior permission, provided the source is cited as:  \nQuanbeck, M., Lazarus, S. S., & Hinkle, A. R. (2024) . Two pieces of a puzzle: The 95% participation requirement in state plans and states’opt-out policies (NCEO Report 443) . National Center on Educational Outcomes.  \nThe Center is supported through a Cooperative Agreement (\\#H326G210002) with the Research to Practice Division, Office of Special Education Programs, U.S. Department of Education. The Center is affiliated with the Institute on Community Integration at the College of Education and Human Development, University of Minnesota. Consistent with EDGAR §75.62, the contents of this report were developed under the Cooperative Agreement from the U.S. Department of Education, but do not necessarily represent the policy or opinions of the U.S. Department of Education or Offices within it. Readers should not assume endorsement by the federal government.  \nProject Officer: David Egnor  \nIn collaboration with:  \nNCEO Core Staff  \nSheryl S. Lazarus, Director  \nJessica Bowman Gail Ghere Linda Goldstone Andrew R. Hinkle Kristi K. Liu  \nCharity Funfe Tatah Mentan Michael L. Moore  \nDarrell Peterson Mari Quanbeck Virginia A. Ressa Christopher M. Rogers Jennifer Sommerness Kathy Strunk  \nMartha L. Thurlow Yi-Chen Wu  \nNational Center on Educational Outcomes University of Minnesota  \n2025 East River Parkway, Room 1-330 • Minneapolis, MN 55414 Phone 612/626-1530  \n[http://www.nceo.info](http://www.nceo.info)  \nThe University of Minnesota shall provide equal access to and opportunity in its programs, facilities, and employment without regard to race, color, creed, religion, national origin, gender, age, marital status, disability, public assistance status, veteran status, sexual orientation, gender identity, or gender expression.  \nThis document is available in alternative formats upon request.  \n~~Executive Summary ~~  \nThe Elementary and Secondary Education Act (ESEA), commonly known as the Every Student Succeeds Act (ESSA), requires the participation of students with disabilities in state assessments used for accountability. Additionally, the Individuals with Disabilities Education Act (IDEA) requires the participation of all students with disabilities in all statewide assessment administrations. ESEA also requires that states test at least 95% of all students, as well as 95% of each student subgroup, including students with disabilities, on the reading and mathematics assessments that are used for accountability purposes. In their consolidated state plans, states must address how they factor the 95% participation requirement into their statewide accountability systems, including a method for calculating the percentage of students who participate in statewide assessments.  \nThe 2015 reauthorization of ESEA also limits participation in the alternate assessment based on alternate academic achievement standards (AA-AAAS) to 1.0% of a state’s tested population. The AA-AAAS is designed for students with the most significant cognitive disabilities. States may submit a waiver request to the U.S. Department of Education if they anticipate exceeding 1% limit. One eligibility criterion for the waiver requires states to show that at least 95% of all students, as well as 95% of students with disabilities, participated in the required state assessments used for accountability.  \nSome parents choose to withdraw their children from statewide testing. Parental opt-out occurs for a variety of reasons and poses an additional challenge for states to reach the required 95% participation rate. Th","cbCaipZ2l1AhJZBM","https://ap.wps.com/l/cbCaipZ2l1AhJZBM","pdf",1763067,95,"English","# Executive Summary\n## 95% Participation Requirement in ESEA/ESSA and IDEA\n## Alternate Assessments and Waiver Criteria (AA-AAAS)\n## Parental Opt-out and State Policy Variation\n## Key Findings on Consequences and Accountability Calculations\n## Content Areas Covered by the 95% Requirement\n## Review of Opt-out Policy Approaches","[{\"question\":\"What does the 95% participation requirement apply to in state accountability systems?\",\"answer\":\"It applies to students with disabilities participating in state assessments used for accountability, including reading and mathematics for all states, with some states potentially adding additional content areas.\"},{\"question\":\"How do states handle parental opt-out when meeting the 95% participation rate?\",\"answer\":\"States vary in response to opt-out, with some prohibiting opt-out and others allowing it or addressing it without specifying consequences, impacting how participation targets are achieved.\"},{\"question\":\"What consequences did states include for failing to meet the participation requirement?\",\"answer\":\"Although all states addressed the requirement, only 28 states included consequences such as improvement plans, penalties like lowering a grade level, and monitoring or audits, with escalation over multiple years for some.\"}]","Two Pieces of a Puzzle - The 95% Participation Requirement in State Plans and States’ Opt-out Policies | PDF",1792056844,239]