Dept. of Ed. Softens the “1% Rule”

On December 8, the U.S. Department of Education issued a new rule updating how districts may use alternative assessments for students with the most severe cognitive disabilities. Under the old rule, a district could not use these students’ scores to bolster reading and math achievement by more than 1%. The “1% Rule” essentially capped the percentage of district students that could take the alternate assessment. But under a new rule issued last week, districts can issue alternative assessments to as many students as necessary—it is up to the state to limit these test takers to 1% statewide. If a state expects to exceed the 1% rule, it may apply for a waiver from ED by showing the state will increase oversight of districts assessing more than 1% of students.

While the new rule does not completely eliminate the 1% standard, it certainly affords districts more flexibility to increase or decrease the number of alternative assessment test takers as necessary. The onus is now on the states to ensure that districts do not abuse alternative assessments, and to provide justification if the state will exceed the 1% guideline. To read the full rule and a summary of all changes, visit https://www.gpo.gov/fdsys/pkg/FR-2016-12-08/pdf/2016-29128.pdf.

The information above is general information and should not be used as specific legal advice. In the event that specific legal advice is required, please call Abernathy, Roeder, Boyd & Hullett, P.C. at (214)-544-4000 or contact one of the following attorneys via email:

Mari: mmcgowan@abernathy-law.com Chad: ctimmons@abernathy-law.com
Lauren: lwood@abernathy-law.com Becca: rbradley@abernathy-law.com
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