Accessible and Secure Test Administration

Federal law limits statewide participation in alternate assessments aligned with alternate academic achievement standards to one percent of the total number of students assessed in each subject, unless the U.S. Department of Education grants a waiver. The one-percent figure is not a quota for an individual school or an automatic prohibition on an LEA assessing more than one percent. Each student’s participation must be based on the IEP Team’s individualized decision and Alabama’s current criteria.

• 34 CFR §200.6(c), alternate assessment participation and the statewide cap                 https://www.ecfr.gov/current/title-34/section-200.6 

• 34 CFR §300.160(c), alternate assessments for students with the most significant cognitive disabilities https://sites.ed.gov/idea/regs/b/b/300.160 

• [34 CFR §300.320(a)(6)(ii), IEP explanation for alternate assessment  https://sites.ed.gov/idea/regs/b/d/300.320 

• Alabama Administrative Code, Chapter 290-8-9

Apply the state’s current participation guidance to each student before considering any aggregate participation rate. IEP Teams should review the student’s learning characteristics, instruction, and documented support needs, then record why the general assessment cannot be used and why the selected alternate assessment is appropriate.

Federal rules require a state to obtain justification from an LEA that plans to assess more than one percent of its assessed students in a subject through an alternate assessment aligned with alternate academic achievement standards. The state may not prohibit an LEA from exceeding one percent if individual students appropriately meet the criteria. LEA leaders handle the aggregate justification and any related state reporting; teachers support accurate, evidence-based IEP documentation.

The threshold is not a reason to move a qualifying student to an inappropriate general assessment or to place a student who does not qualify into ACAP Alternate. Refer questions about the LEA’s submission and current-year waiver documents to the LEA test coordinator or special education coordinator.

• Apply Alabama’s current ACAP Alternate participation criteria individually.

• Record the required IEP explanation and supporting evidence.

• Confirm assessment registration matches the IEP decision.

• Refer one-percent reporting and justification questions to the LEA coordinator.

• Describing one percent as a hard limit on an individual LEA

• Changing a student’s assessment to make a percentage target without IEP Team review

• Recording an alternate-assessment choice without the required IEP explanation

SES Assessment resources  https://www.alabamaachieves.org/special-education/assessment/  ACAP Alternate guidance and ALSDE Office of Student Assessment  https://www.alabamaachieves.org/assessment/  current one-percent-cap and LEA justification materials.

Alabama State Department of Education, Special Education Services (SES)

Materials are provided for technical assistance purposes and do not constitute legal advice.