Title I of the Elementary and Secondary Education Act of 1965 (ESEA) requires that:
- Only students with the most significant cognitive disabilities take an alternate assessment;
- No more than 1.0% of all students assessed participate in the alternate assessment.
ESEA does permit states to request a one-year waiver of the 1.0% cap if certain statutory and regulatory requirements are met. As part of the waiver request, the U.S.Department of Education (ED) requires states to demonstrate that the waiver aligns with public interest via public comment. View additional information related to Indiana's plan, timeline, and progress implementing previous plans here.
The Indiana Department of Education (IDOE) is seeking public comment on its request for a waiver extension on the number of students who can be tested using an alternate assessment on annual statewide tests. Indiana requires all students enrolled in public K-12 schools (traditional and charters) and non-public schools (Choice Scholarship Program, state-accredited, and freeway-accredited) be assessed either with accommodations, without accommodations, or with an alternate assessment. Indiana follows the federal participation requirement and, to date, has met or exceeded the federal guidelines set at 95% participation of eligible students.
For each subject for which assessments are administered, the total number of students assessed in that subject using an alternate assessment may not exceed 1% of the total number of students in the state who are assessed in that subject.
If the state anticipates going above the 1% cap, it must submit a waiver extension request to the federal government. Any individual or organization may submit written comments on the proposed waiver extension pursuant to 34 C.F.R.§200.6(c)(4). These comments will be accepted through October 1, 2024.