2024 Justification to Exceed One Percent Participation in the
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Introduction
The Every Student Succeeds Act of 2015 (ESSA), which amended the Elementary and Secondary Education Act of 1965 (ESEA) and replaced the previous No Child Left Behind Act, clarifies that states must ensure the total number of students assessed in a subject using the alternate assessment aligns with alternate achievement standards, and the state may not exceed one percent of the total number of all students who are assessed in a subject (Section 1111(b)(2)(D)(i)(I) and Section 1111(b)(2)(D)(ii)(II)). However, states are precluded from setting a division-level cap on the percentage of students who may be assessed with an alternate assessment. The law also specifies that any division that exceeds the one percent cap must submit information to the state justifying the need to exceed it.
To meet this requirement and to be in alignment with Virginia Department of Education's (VDOE's) Corrective Action Plan for exceeding the one percent cap for alternate assessment participation, school divisions are asked to examine their Virginia Alternate Assessment Program (VAAP) participation. This review will determine the school division’s need to exceed the one percent cap, and therefore, its need to provide justification for exceeding the one percent cap to the VDOE. Please complete the following survey questions by November 1, 2024.