Under section 1111(b)(2)(D)(i)(I) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA), the total number of students possessing the most significant cognitive disabilities assessed statewide in each subject via the Alternate Assessments Aligned with Alternate Academic Achievement Standards (AA-AAAS) should not exceed 1.0 percent of the total number of all students assessed statewide in that subject.
On October 3, 2024, the United States Department of Education (USDE) released a memo outlining the application process for States seeking to request a waiver or waiver extension for the 2024-2025 school year for the 1.0 percent AA-AAAS participation threshold. While the Maryland State Department of Education (MSDE) has taken measures in the past six years to reduce the rate of AA-AAAS participation to comply with the 1.0 percent threshold, the MSDE anticipates that the State may exceed the 1.0 percent AA-AAAS participation threshold in reading/language arts, mathematics, and science. Consequently, as allowed under ESEA section 8401(b)(3), and in accordance with 34 Code of Federal Regulations (CFR) 200.6(c)(4), the MSDE proposes to request a waiver extension from the 1.0 percent cap on AA-AAAS participation in reading/language arts, mathematics, and science for the 2024-2025 school year.
In accordance with ESEA section 8401(b)(3), any State requesting a waiver or waiver extension from the 1.0 percent cap on AA-AAAS participation should submit the request to the USDE at least 90 days prior to the beginning of the AA-AAAS testing window for the 2024-2025 school year. In Maryland’s case, the 2024-2025 testing window will begin on March 10, 2025. Prior to submitting a waiver or waiver extension request, the State must provide the public and local school systems with notice and a reasonable opportunity to comment and provide input on the request.
Please submit comments by close of business on November 18, 2024, via email to deises-psta.msde@maryland.gov. All comments received will be reviewed by the MSDE and included as part of the waiver extension request submission.
If you have any questions regarding this request, please contact Dr. Paige Bradford, Section Chief, Specialized Instruction, Division of Early Intervention and Special Education Services at paige.bradford@maryland.gov.
DOWNLOAD THE DRAFT WAIVER EXTENSION