“In 2015, the Every Student Succeeds Act (ESSA) limited the number of students a state can assess with an alternative assessment based on alternate academic achievement standards (AA-AAAS) to 1.0 percent of all students tested in each subject area.”[1] Using alternative assessments raises concerns that schools are not holding high expectations of grade level achievement for students with disabilities. Such alternate “academic achievement standards are appropriate for only a very small number of students—those with the most significant cognitive disabilities—who comprise no more than 1.0 percent of all students assessed.”[2] For this reason, the federal government monitors state usage rates of alternate assessments and states must request waivers to this requirement
In September 2023, the Minnesota Department of Education (MDE) received a letter from the United States Department of Education noting that Minnesota has exceeded the 1% limit of students taking alternative assessments and did not have an approved waiver to do so. This is not the first time the state has exceeded this cap. MDE received a similar letter in 2019 related to 2017-18 alternative assessment participation rates.
In November 2023, MDE responded to the federal government outlining a plan of continuing efforts to reduce the overall rate of alternative assessments and ensure that students with disabilities are provided necessary accommodations to be assessed on grade-level, versus alternate, assessment standards. Thus far, the department has worked internally to gather better data about the student characteristics of students currently given alternative assessments. Additionally, in 2019-20 a work group developed a process for districts to provide “an assurance statement”[3] that “students are participating in the most appropriate assessment” and requires districts whose alternative assessment populations exceed 1% or are below .5% provide additional rationale and context as to why their rates vary from the statistically expected participation rates.
Unfortunately, these efforts have not resulted in significant decreases in statewide participation rates on alternative assessments. Rates vary based on the subject matter of the test (math, reading, and science) but in 2019 ranged from 1.38-1.46% of students who were tested on alternate standards and those rates in 2023 ranged from 1.27%-1.33% of students with the most notable change being the .19% decrease in students being assessed on alternate standards in Science.[4]
More recently and going forward, MDE is offering technical assistance specifically to districts with more extreme data. This assistance varies based on the district’s needs and capacity and can last from a few months to an additional year. Additionally, MDE is now offering monthly virtual meetings for district assessment coordinators and test administrators to facilitate open conversation and information sharing with MDE.
The Individuals with Disabilities Education Act’s (IDEA) requirement for students with disabilities to be provided a Free Appropriate Public Education (FAPE) mandates that districts provide students with disabilities the opportunity to meet challenging goals and make grade level progress. For this reason, most students, including those with disabilities, should be assessed utilizing grade level assessment standards, even when accommodations are necessary for students with disabilities to take such an assessment. Over assessing students with disabilities using assessments with alternate standards may be a sign that a district is failing to give students with disabilities to meet challenging goals or they are failing to provide required accommodations for these students to take an assessment with grade-level standards. Either way, it is concerning that rates of students taking assessments with alternative standards continue to exceed the national standard.
If you believe that your child is not being provided with an opportunity to meet challenging goals and make grade level progress, or that they are being assessed against alternative standards when they are capable of meeting grade level standards with appropriate accommodations and supports, an attorney with the School Law Center can provide guidance on district obligations and your child’s rights.
[1] Minnesota Department of Education, Follow-up Response to the U.S. Department of Education regarding the percent of Minnesota students taking the alternate assessment based on alternate academic achievement standards (AA-AAAS) (“MDE Follow Up”), Nov. 22, 2023, p. 1.
[2] United States Department of Education letter to State Assessment Directors, Sept. 30, 2023, p. 1.
[3] See “MDE Follow Up,” p. 14.
[4] For full data chart, see “MDE Follow Up,” p. 5.