Proceedings of the 1% Cap National Convening: Supporting States in Implementing ESSA’s 1% State-level Cap on Participation of Students in the AA-AAAS

More than 200 individuals gathered in Boston, MA on October 18 and 19, 2018 for the 1% Cap National Convening. The purpose of the 1% Cap National Convening was to support states as they work with local education agencies to implement the Every Student Succeeds Act (ESSA) requirement of a 1% cap on the participation of students with the most significant cognitive disabilities in the alternate assessment aligned with alternate academic achievement standards (AA-AAAS).

According to ESSA, AA-AAAS can be administered to students with the most significant cognitive disabilities, as defined by the State, if the State has adopted alternate academic achievement standards as permitted under section 1111(b)(1)(E) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA). Section 1111(b)(2)(D)(i)(I) of the ESEA and 200.6(c)(2) of the Title I, Part A regulations provide that for each subject for which assessments are administered under §200.2(a)(1) in reading/language arts, mathematics, and science, the total number of students assessed using an AA-AAAS under §200.6(c)(1) may not exceed 1.0% of the total number of students in the State who are assessed in that subject. The AA-AAAS must be aligned with the State’s challenging academic content standards under section 1111(b)(1) of the ESEA for the grade in which the student is enrolled. 34 C.F.R.§200.6(c)(1)(i). If a State anticipates that it will exceed the 1.0% cap, for any subject for which assessments are administered under §200.2(a)(1) in any school year, the State may request that the Secretary waive the cap for the relevant subject, pursuant to section 8401 of the ESEA for one year.

The Convening was hosted by the National Center on Educational Outcomes (NCEO) in partnership with the U.S. Department of Education Office of Special Education and Rehabilitative Services (OSERS)’s Office of Special Education Programs (OSEP) and Office of Elementary and Secondary Education (OESE)’s Office of State Support (OSS). NCEO was supported by its partners and by several other technical assistance centers across the nation, including the Center on Standards and Assessment Implementation (CSAI). Teams from 47 states participated in the 1½-day meeting. Their discussions and action planning were supported by 36 facilitators from NCEO and other technical assistance centers. Nine participants from the U.S. Department of Education attended the meeting as well, making themselves available to states throughout the meeting. 

This Proceedings document was developed by NCEO and CSAI to provide a summary of the Convening. It includes appendices and links to resources that were shared by states and others at the Convening.