ED Issues Reminder to States on Waiver Requirements for Alternate Assessments
This week, the U.S. Department of Education (ED) sent a letter to states outlining the process for requesting a waiver or an extension of a waiver for the 2025–2026 school year regarding the 1% cap on alternate assessments. This cap limits the percentage of students who may be assessed using Alternate Assessments Aligned with Alternate Academic Achievement Standards (AA-AAAS), as permitted under the Elementary and Secondary Education Act (ESEA).
The 1% cap is calculated based on all students assessed in a subject area statewide, and the AA-AAAS applies to students with the most significant cognitive disabilities. States may submit a new waiver request, an extension of a previously approved waiver, a new request following a prior denial, or a combination of these options. ESEA requires that at least 95% of all students be assessed annually. Additionally, the Individuals with Disabilities Education Act (IDEA) mandates that 100% of students with disabilities be assessed in reading and math each year. ED’s letter includes data from school years 2017–2018 through 2023–2024, showing “marked improvement across the country.” The number of states assessing fewer than 1% of students with AA-AAAS in mathematics has doubled, while the number of states exceeding 1.3% has dropped from 16 to 9.