Status of State Waivers to Exceed the One Percent Cap on Alternate Assessments

As of November 18, 2024 :: Shaded cells indicate no activity.

Information on the one percent cap is available here.
Waivers and waiver extensions are good for only one year. History of the 1% cap is available here. All waivers are available here.

States requesting a waiver or waiver extension for the 2024-2025 School Year must submit a request following the instructions
in this October 3, 2024 letter to states (PDF)

Waiver activity for 7 years is as follows:
- 2017-2018: 23 waivers approved
- 2018-2019: 21 waivers/extensions approved
- 2019-2020: see note below
- 2020-2021: 20 waivers/extensions approved
- 2021-2022: 22 waivers/extensions approved and 5 requests denied*
- 2022-2023: 9 waivers/extensions approved and 14 requests denied*
- 2023-2024: 12 waivers/extensions approved and 8 requests denied
*Some states received both an approval and a denial.

NOTE: In April 2020, the US Dept. of Education granted every state a blanket waiver of the testing requirements of ESSA for the 2019-2020 school
year due to widespread Covid19 school closures. Therefore, waivers of the 1% cap were not necessary for 2019-2020.
Waiver activity for 2019-2020 is available here.

All correspondence with states regarding the 1% cap (other than waivers/extensions) is available here.

Requested a waiver; denied due to failure to submit request in a timely manner.

See AL for letter and waiver request.

One-year waiver approved for ELA, Math and Science.

See AL for approval letter.

One-year waiver extension request posted for public comment until Nov. 29, 2021. See AL for details. Request is posted here.

One-year waiver extension for ELA, Math and Science approved on January 27, 2022.

See AL approval letter and extension request.

One-year waiver extension request posted for public comment until Nov. 30, 2022. Request is posted here.

One-year waiver extension request denied on March 7, 2023 due to failure to show progress in reducing the AA-AAAS participation rate in R/LA, mathematics, and science between the 2018-2019 and 2021-2022 school years.

See AL denial letter and extension request.

Draft waiver request posted for public comment here.

One-year waiver request denied on March 20, 2024 due to assessment data for the 2022-2023 school year shows that rates of AA-AAAS participation increased in R/LA, mathematics, and science when compared to both the 2017-2018 and 2021-2022 school years. State must submit a revised plan within 60 days and make it available to the public. See AL denial letter and extension request.

Revised plan is available here.

One-year waiver approved for ELA/Math, denied for Science assessment.
See AZ

Exceeded cap in 2018-2019 in Science (1.14%) and had assessment participation rates that were less than 95 percent for students with disabilities in science.

As a result, the state must submit a plan for reducing its rate of AA-AAAS participation in future years in order to come into compliance with the 1.0 percent requirement to USED by by October 1, 2020. See July 2020 letter to AZ.

One-year waiver extension for ELA, Math and Science approved on 8-4-20.

See AR for approval letter and extension request.

One-year waiver extension for ELA, Math and Science approved on January 7, 2022.

See AR approval letter and extension request.

Exceeded cap without a waiver as follows:
Reading/language arts: 1.09%
Mathematics: 1.09%
Science: 1.07%
and failed to access at least 95% of all students in Science and students w/ disabilities in ELA, Math and Science.

As a result of exceeding cap without a waiver, the state must:
- submit a plan for reducing AA-AAAS participation in future years in order to come into compliance with the 1.0% requirement by August 1, 2019.

- submit assessment participation data (including AA-AAAS participation) via EDFacts for the 2018-2019 school year by October 1, 2019.

See June 2019 letter to CA

Exceeded cap in 2018-2019 in ELA, Math and Science.

As a result, the state must submit assessment participation data in ELA, Math and Science and an update on the progress it has made in implementing its plan to ED by October 1, 2020.

See February 2020 letter to CA.

Denial of waiver request for 2021-2022 school year due to failure to test at least 95% of all students and students with disabilities in prior years.

See 6-21-22 denial letter and waiver request.

Exceeded cap in 2021-2022 in ELA and Math as follows:
ELA: 1.11%
Math: 1.10%

As a result, the state must submit a plan for how the state will come into compliance.

See October 2023 letter to CA.

See CA's response to ED's October 23 letter.

One-year waiver request for 2022-2023 school year denied on December 15, 2022 due to failure to test at least 95% of all students and students with disabilities in prior year.

See 12-15-22 denial letter and waiver request.

Agenda for California State Board of Education meeting on November 8, 2023 indicates intent to submit a waiver request for ELA, Math and Science for 2023-2024 despite not meeting the testing requirement that has resulted in denials in the previous three years.

See agenda item #11 for details.

One-year waiver request for 2023-2024 school year denied on May 17, 2024 due to failure to test at least 95% of all students and students with disabilities in prior year, failure to reduce AA participation, failure to address disproportionality.

State must submit an updated plan within 60 days and make it publicly available.

See CA denial letter and waiver request.

Exceeded cap without a waiver as follows:
Science: 1.05%
and failed to assess at least 95% of students with disabilities in Science

As a result of exceeding cap w/o waiver, the state must:
-submit a plan for reducing AA-AAAS participation in future years in order to come into compliance with the 1.0 percent requirement by August 1, 2019.

-submit assessment participation data (including AA-AAAS participation) via EDFacts for the 2018-2019 school year by October 1, 2019.

See June 2019 letter to CO

Initial data for 2018-2019 indicates that the state did not exceed the cap for Science. Following verification ED will remove the Title I, Part A grant condition. See CO

USED letter to CO lifting grant condition (5-18-20)

Exceeded cap without a waiver as follows:

ELA: 1.50%
Mathematics: 1.51%
Science: 1.51%

As a result of exceeding cap w/o a waiver, the state must:
-submit a plan for reducing AA-AAAS participation in future years in order to come into compliance with the 1.0% requirement by August 1, 2019.

-submit assessment participation data (including AA-AAAS participation) via EDFacts for the 2018-2019 school year by October 1, 2019.

See June 2019 letter to CT

Exceeded cap in 2018-2019 in ELA, Math and Science.

As a result, the state must submit assessment participation data in ELA, Math and Science and an update on the progress it has made in implementing its plan to ED by October 1, 2020.

See February 2020 letter to CT.

Exceeded cap in 2021-2022 in ELA, Math and Science as follows:

ELA: 1.11%
Math: 1.12%
Science: 1.03%

See October 2023 letter to CT.

One-year waiver approved for ELA, Math, Science
See DE

One-year waiver extension approved for ELA, Math;
Denied for Science due to failure to assess at least 95%. See DE

Exceeded cap in 2018-2019 and must submit plan for reducing AA-AAAS participation in future years to ED by October 1, 2020.

See July 2020 letter to DE.

One-year waiver extension for ELA and Math approved on May 12, 2022. Request for waiver extension in Science was denied due to state's failure to met the participation requirements.

See DE approval letter and extension request.

Exceeded cap w/o a waiver in 2021-2022 in Science 1.07%.

As a result, the state must submit a plan for how the state will come into compliance.

See October 2023 letter to DE.

Request for public comment on waiver extension application. See announcement.

One-year waiver extension for ELA, Math and Science denied on January 25, 2023 due to state's failure to meet the test participation requirements for all students and students with disabilities.

See DE denial letter and extension request.

One-year waiver extension request for ELA, Mathematics, and Science posted for public comment.

One-year waiver for ELA, Math and Science denied on December 7, 2023 due to state's failure to meet the test participation requirement for students with disabilities in the 2022-2023 school year.

See DE denial letter and waiver request.

One-year waiver approved for ELA and Math
See DC

Exceeded cap in 2018-2019 in Science and must submit plan for reducing AA-AAAS participation in future years to ED by October 1, 2020. See July 2020 letter to DC

Exceeded cap without a waiver as follows:
ELA: 1.40%
Mathematics: 1.51%
Science: 1.44%

As a result of exceeding cap w/o waiver, the state must:
-submit a plan for reducing AA-AAAS participation in future years in order to come into compliance with the 1.0% requirement by August 1, 2019.

-submit assessment participation data (including AA-AAAS participation) via EDFacts for the 2018-2019 school year by October 1, 2019.

See June 2019 letter to FL

One-year waiver extension request approved for ELA, Math and Science on 3-26-21

See FL for approval letter and waiver extension request.

One-year waiver extension request draft, scheduled to be submitted to USED is posted here. Comments can be submitted via email to the Bureau of Exceptional Student Education at BESESupport@fldoe.org until November 29, 2021.

One-year waiver extension for ELA, Math and Science approved on February 18, 2022.

See FL approval letter and extension request.

Waiver extension request draft, scheduled to be submitted to USED, is posted here.

One-year waiver extension request denied on March 7, 2023 due to failure to show sufficient progress in reducing the percentage of students taking the AA-AAAS between the 2018-2019 and 2021-2022 school years and failure to assess at least 95 percent of students with disabilities in science in the 2021-2022 school year.

See FL denial letter and extension request and FL denial letter of revised request issued May 18, 2023

Waiver request posted for public comment until Nov. 14, 2023. Draft waiver request for ELA, Math and Science is available here. Request will be submitted to USED on Nov. 28, 2023.

One-year waiver request approved for ELA, Math and Science on June 4, 2024.

See FL approval letter and waiver request.

Waiver extension request posted for public comment until Nov. 8, 2024.

Draft is available here.

One-year waiver approved for ELA, Math and Science

See GA

One-year waiver extension approved for ELA, Math and Science on 4-12-18

See GA

One-year waiver extension request approved for ELA, Math and Science on 3-26-21

See GA approval letter and waiver extension request.

One-year waiver extension for ELA, Math and Science approved on March 10, 2022.

See GA approval letter and extension request.

One-year waiver extension request posted for public comment until Nov. 11, 2022

Waiver extension request denied on March 13, 2023 due to failure to show progress in reducing the AA-AAAS participation rate in R/LA, mathematics, and science between the 2018-2019 and 2021-2022 school years.

See GA denial letter and extension request and GA denial letter of revised request issued April 28, 2023.

Exceeded the cap in 2022-2023 as follows:

E/LA: 1.35%, Math 1.32%, Science 1.42%. Within 60 days the state must submit a plan to reduce AA participation and make plan available to the public. See May 29, 2024 letter to GA.

One-year waiver approved for ELA and Math. Denied for Science due to failure to access at least 95% of students with disabilities
See HI

Exceeded cap without a waiver as follows:
Science: 1.11%

As a result of exceeding cap w/o waiver, the state must:
-submit a plan for reducing AA-AAAS participation in future years in order to come into compliance with the 1.0% requirement by August 1, 2019.

-submit assessment participation data (including AA-AAAS participation) via EDFacts for the 2018-2019 school year by October 1, 2019

See June 2019 letter to HI

Waiver extension approved for ELA, Math, denied for Science due to failure to access at least 95% of students with disabilities

Data for 2018-2019 indicates the state assessed less than 1% of students in Science; as a result ED will remove the Title I, Part A grant condition. See HI

USED letter to HI lifting grant condition (5-18-20)

Exceeded cap w/o a waiver in 2021-2022 in Science as follows:
Science: 1.02%

As a result, the state must submit a plan for how the state will come into compliance.

See October 2023 letter to HI.

Waiver approved for ELA, Math and Science

See ID

Waiver extension approved for ELA, Math and Science

See ID

Exceeded cap without a waiver as follows:
ELA: 1.12%
Math: 1.12%
Science: 1.09%
Also failed to access at least 95% of students w/ disabilities in Science

As a result of exceeding cap w/o waiver, the state must:
-submit a plan for reducing AA-AAAS participation in future years in order to come into compliance with the 1.0% requirement by August 1, 2019. -submit assessment participation data (including AA-AAAS participation) via EDFacts for the 2018-2019 school year by October 1, 2019

See June 2019 letter to IL

Exceeded cap w/o waiver in 2018-2019, must submit plan to ED by October 1, 2020.

See July 2020 letter to IL

One-year waiver request approved for ELA and Math on 4-6-21.

Denied for Science due to failure to access at least 95% of students with disabilities in most recent year.

See IL for letter and waiver request.

One-year waiver request posted for public comment Nov. 2021
See IL

One-year waiver extension approved for ELA and Math on May 16, 2022. Request for waiver extension in Science was denied due to state's failure to met the test participation requirements.

See IL approval/denial letter and waiver request.

Exceeded cap w/o a waiver in 2021-2022 in Science as follows:
Science: 1.04%

As a result, the state must submit a plan for how the state will come into compliance.

See October 2023 letter to IL.

One-year waiver extension request for Math and ELA and initial waiver request posted for public comment until Nov. 29, 2022.

See IL draft request.

One-year waiver extension request denied on March 17, 2023 due to insufficient progress in reducing the percentage of students taking the AA-AAAS in R/LA and mathematics between the 2018-2019 and 2021-2022 school years.

See IL denial letter and waiver request.

Revised waiver extension request denied on June 5, 2023. See IL denial letter and revised waiver request.

One-year waiver approved for ELA and Math. Denied for Science due to failure to access at least 95% of students with disabilities

See IN

One-year waiver extension approved for ELA and Math

Waiver approved for Science

See IN

One-year waiver extension approved for ELA, Math and Science on 3-26-21.

See IN for approval letter and waiver extension request.

One-year waiver extension approved for ELA, Math and Science on April 22, 2022.

See IN approval letter and waiver request.

Intent to submit a waiver extension request thru Nov. 18, 2022.

One-year waiver extension approved for ELA, Math and Science on March 13, 2023.

See IN approval letter and waiver

One-year waiver extension request is available here.

One-year waiver extension approved for ELA, Math and Science on May 20, 2024

See IN approval letter and waiver request.

Exceeded cap without a waiver as follows:
ELA: 1.14%
Math: 1.16%

As a result of exceeding cap w/o waiver, the state must:
-submit a plan for reducing AA-AAAS participation in ELA and Math in future years in order to come into compliance with the 1.0% requirement by August 1, 2019.

KS corrective action plan is here

See June 2019 letter to KS

One-year waiver extension approved for ELA, Math and Science on 8-7-20

See KS for approval letter and waiver extension request.

One-year waiver extension request submitted June 2021. See KS waiver extension request

One-year waiver extension approved for ELA, Math and Science on January 27, 2022.

See KS approval letter and waiver request.

One-year waiver approved for ELA, Math, and Science

See KY

One-year waiver extension approved for ELA, Math and Science

See KY

One-year waiver extension approved for ELA, Math and Science on 3-26-21.

See KY for approval letter and waiver extension request.

One-year waiver extension request submitted on 8-17-21. See KY waiver extention request.

Waiver extension addendum submitted 11-1-21. See KY addendum.

One-year waiver extension approved for ELA, Math and Science on December 8, 2021.

See KY approval letter and waiver request.

One-year waiver extension request submitted on 8-15-22.

See KY waiver extension request.

One-year waiver extension approved for ELA, Math and Science on March 9, 2023.

See KY approval letter and waiver request.

One-year waiver extension request for Reading, Mathematics and Science submitted 8-15-23.

See KY waiver extension request.

Also see KY waiver addendum submitted January 31, 2024.

One-year waiver extension approved for ELA, Math and Science on April 10, 2024.

See KY approval letter and waiver request.

One-year waiver approved for ELA and Math

See LA

One-year waiver extension approved for ELA and Math

See LA

One-year waiver extension approved for ELA and Math on 3-26-21.

See LA for approval letter and waiver extension request.

One-year waiver extension approved for ELA and Math on March 17, 2022.

See LA approval letter and extension request.

One-year waiver extension request submitted to USED.

See LA waiver extension request.

One-year waiver extension request denied on March 7, 2023 due to insufficient progress in reducing the percentage of students taking the AA-AAAS in R/LA and mathematics between the 2018-2019 and 2021-2022 school years.

See LA denial letter and waiver request.

One-year waiver request for ELA and Math submitted Nov. 17, 2023.

See LA waiver request.

One-year waiver request denied on April 5, 2024 due to insufficient progress in reducing the percentage of students taking the AA-AAAS in R/LA and mathematics. State must submit a revised plan within 60 days and make it available to the public and demonstrate substantial progress in 2023-2024. See LA denial letter and waiver request

Revised plan is available here.

One-year waiver request was denied due to failure to test at least 95% of students with disabilities
See ME

NOTE: USED reports that ME did not exceed the cap in ELA, Math or Science and therefore did not receive a letter regarding exceeding the cap w/o a waiver.

Maine announced that the state was at or below the cap for 2018-2019. See announcement here.

Exceeded cap without a waiver as follows:
ELA: 1.10%
Math: 1.12%

As a result of exceeding cap w/o waiver, the state must:
-submit a plan for reducing AA-AAAS participation in ELA and Math in future years in order to come into compliance with the 1.0% requirement by Sept. 1, 2019.

See June 2019 letter to MD

USED letter advising MD to submit waiver request for 20-21 if exceeding cap is anticipated.

Notice by MD re intent to submit waiver.

One-year waiver request approved for ELA, Math and Science on 3-26-21.

See MD for approval letter and waiver request.

Announcement of intent to submit a waiver extension request posted for public comment until 12-3-21.

See MD announcement.

Draft waiver extension request posted for public comment until January 5, 2022.

One-year waiver extension for ELA, Math and Science approved on February 18, 2022.

See MD approval letter and extension request.

Announcement of intent to submit a waiver request posted for public comment until 11-17-23.

See MD announcement and draft waiver request.

One-year waiver request approved for ELA, Math and Science on 4-22-24.

See MD approval letter and waiver request.

Draft waiver extension request open for public comment until November 18, 2024.

Draft request is available here.

One-year waiver approved for ELA and Math

See MA

One-year waiver extension approved for ELA, Math and Science

See MA

One-year waiver extension approved for ELA, Math and Science on 9-8-20

See MA for approval letter and waiver request.

Announcement of intent to submit a waiver extension request posted for public comment until 12-1-21.
See MA announcement.

One-year waiver extension approved for ELA and Math on January 27, 2022.

See MA approval letter and waiver request.

Announcement of intent to submit a waiver extension request posted for public comment until 12-16-22.
See MA announcement and draft request.

One-year waiver extension approved for ELA, Math and Science on March 1, 2023.

See MA approval letter and waiver request.

Announcement of intent to submit a waiver extension request posted for public comment until 12-15-23.
See MA announcement and draft request.

One-year waiver extension approved for ELA, Math and Science on March 21, 2024.

See MA approval letter and waiver request.

One-year waiver approved for ELA, Math and Science

See MI

One-year waiver extension approved for ELA, Math and Science

See MI

One-year waiver extension approved for ELA, Math and Science on 4-6-21.

See MI for approval letter and waiver extension request.

Announcement of intent to submit a waiver extension request posted for public comment until 12-3-21. See MI announcement.

One-year waiver extension approved for ELA, Math and Science on April 22, 2022.

See MI approval letter and waiver request.

Announcement of intent to submit a waiver extension request posted for public comment until 11-18-22. See MI announcement and draft request.

One-year waiver extension request denied on March 7, 2023 due to failure to assess at least 95 percent of all students with disabilities during the 2021-2022 school year.

See MI denial letter and waiver request.

Announcement of intent to submit a waiver request posted for public comment until 12-16-23. See MI announcement and draft request.

One-year waiver request denied on March 13, 2024 due to failure to reduce AA participation, failure to meet test participation requirements. State must submit a revised plan within 60 days and make it available to the public. See MI denial letter and waiver request

Revised one-year waiver request denied on June 3, 2024. See MI denial letter and revised waiver request.

Exceeded cap without a waiver as follows:
ELA: 1.36%
Math: 1.38%
Science: 2.00%

As a result of exceeding cap w/o waiver, the state must:
- submit a plan for reducing AA-AAAS participation in future years in order to come into compliance with the 1.0% requirement by August 1, 2019.

-submit assessment participation data (including AA-AAAS participation) via EDFacts for the 2018-2019 school year by October 1, 2019.

See June 2019 letter to MN

Exceeded cap without a waiver in 2018-2019 in ELA, Math and Science.

As a result, the state must submit assessment participation data in ELA, Math and Science and an update on the progress it has made in implementing its plan to ED by October 1, 2020.

See February 2020 letter to MN

Exceeded cap w/o a waiver in 2021-2022 in ELA, Math and Science as follows:
ELA: 1.30%
Math: 1.33%
Science: 1.28%

As a result, the state must submit a plan for how the state will come into compliance and participate in monitoring calls w/ ED.

See October 2023 letter to MN.

One-year waiver approved for ELA, Math and Science

See MS

One-year waiver extension approved for ELA, Math and Science

See MS

One-year waiver request denied due to late submission and lack of public comment on July 22, 2022.

See MS denial letter and waiver request.

Waiver request posted for public comment.

One-year waiver extension request denied on March 7, 2023 due to failure to show progress toward the
requirement to assess not more than 1.0 percent of students using an AA-AAAS. A grant condition has been placed on the State's fiscal year 2022 Title I, Part A
award

See MS denial letter and waiver request.

Waiver request submitted on September 12, 2023.

One-year waiver denied on February 13, 2024 due to failure to address disproportionality and provide oversight to LEAs that exceed the 1% cap. Denial also notes failure to improve AA-AAAS participation. Grant condition remains in place and state must participate in monitoring calls w/ ED.

See MS denial letter and waiver request

Waiver approved for ELA, Math and Science

See MO

Exceeded cap w/o a waiver in 2021-2022 in ELA and Math as follows:
ELA: 1.07%
Math: 1.07%

As a result, the state must submit a plan for how the state will come into compliance.

See October 2023 letter to MT.

Request for public comment on draft proposed 1% waiver request.

See this announcement for comment details.

One-year waiver request denied on March 17, 2023 due to failure to access at least 95% of students with disabilities in prior year.

See MT denial letter and waiver request.

Waiver approved for ELA, Math and Science

See NE

Waiver extension approved for ELA, Math and Science

See NE

Waiver extension request for ELA and Math approved April 26, 2021.

See NE for approval letter and request.

One-year waiver extension approved for ELA, Math and Science on April 22, 2022.

See NE approval letter and waiver request.

One-year waiver extension request posted here.

One-year waiver extension approved for ELA, Math and Science on May 9, 2024.

See NE approval letter and waiver request.

Waiver request was denied due to failure to test at least 95% of students with disabilities. See NJ

Exceeded cap without a waiver as follows:
ELA: 1.23%
Math: 1.26%
Science: 1.46%
and failed to test at least 95% of all students and students w/ disabilities in ELA and Math

As a result of exceeding cap w/o waiver, the state must:
-submit a plan for reducing AA-AAAS participation in future years in order to come into compliance with the 1.0% requirement by August 1, 2019.

-submit assessment participation data (including AA-AAAS participation) via EDFacts for the 2018-2019 school year by October 1, 2019

See June 2019 letter to NJ

Exceeded cap in 2018-2019 in ELA, Math and Science.

As a result, the state must submit assessment participation data in ELA, Math and Science and an update on the progress it has made in implementing its plan to ED by October 1, 2020.

See February 2020 letter to NJ

Exceeded cap w/o a waiver in 2021-2022 in ELA, Math and Science as follows:
ELA: 1.62%
Math: 1.59%
Science: 1.51%

As a result, the state must submit a plan for how the state will come into compliance and participate in monitoring calls w/ ED.

See October 2023 letter to NJ.

One-year waiver request posted for public comment until 12-27-23 per this announcement.

See draft waiver request.

One-year waiver request for ELA, Math and Science denied on May 13, 2024. State must submit a revised plan within 60 days and make it available to the public. State must also continue to participate in monitoring call. Condition on state's Title I, Part A grant award also remains in place.

See NJ denial letter and waiver request.

Exceeded cap without a waiver in 2018-2019 as follows:

ELA: 1.01%
Mathematics: 1.02%
Science: 1.17%

As a result, the state must submit plan to meet 1% cap in Science to ED by October 1, 2020.

See July 2020 letter to NM

Exceeded cap w/o a waiver in 2021-2022 in ELA, Math and Science as follows:
ELA: 1.07%
Math: 1.07%
Science: 1.08%

As a result, the state must submit a plan for how the state will come into compliance.

See October 2023 letter to NM.

NOTE: In its 2023-2024 waiver request, NM states that it exceeded the cap in 2022-2023 as follows:

ELA: 1.38%
Math: 1.39%
Science: 1.36%

No waiver request was submitted.

Waiver request submitted Dec. 8, 2023.

One-year waiver request for ELA, Math and Science approved on March 11, 2024.

See NM approval letter and waiver request.

Exceeded cap without a waiver as follows:
ELA: 1.75%
Maths: 1.74%
Science: 1.56%

As a result of exceeding cap w/o waiver, the state must:
-submit a plan for reducing AA-AAAS participation in future years in order to come into compliance with the 1.0% requirement by August 1, 2019.

-submit assessment participation data (including AA-AAAS participation) via EDFacts for the 2018-2019 school year by October 1, 2019.

See June 2019 letter to NY

Exceeded cap without a waiver in 2018-2019 in ELA, Math and Science.

As a result, the state must submit assessment participation data in ELA, Math and Science and an update on the progress it has made in implementing its plan to ED by October 1, 2020.

See February 2020 letter to NY

Exceeded cap w/o a waiver in 2021-2022 in ELA, Math and Science as follows:
ELA: 1.47%
Math: 1.37%
Science: 1.11%

As a result, the state must demonstrate compliance.

See October 2023 letter to NY.

One-year waiver approved for ELA, Math and Science

See NC

One-year waiver extension approved for ELA, Math and Science

See NC

One-year waiver extension request for ELA, Math and Science approved May 17, 2021.

See NC for approval letter and waiver request.

One-year waiver extension request for ELA, Math and Science approved on May 10, 2022.

See NC approval letter and waiver request.

One-year waiver extension request for ELA, Math and Science draft available here.

One-year waiver extension request for ELA, Math and Science approved on March 10, 2023.

See NC approval letter and waiver request.

One-year waiver extension request posted for public comment until January 17, 2024.
See draft waiver and comment instructions.

One-year waiver extension request for ELA, Math and Science approved on April 29, 2024.

See NC approval letter and waiver request.

One-year waiver approved for ELA and Math

See ND

One-year waiver approved for ELA, Math and Science

See OH

One-year waiver extension approved for ELA, Math and Science

See OH

One-year waiver extension request ELA, Math and Science approved January 15, 2021.

See OH

One-year waiver request posted for public comment November 8-15, 2021
See OH draft waiver request

One-year waiver extension request for ELA, Math and Science approved on January 27, 2022.

See OH approval letter and waiver request.

One-year waiver extension request for Science submitted November 29, 2022.

See OH waver extension request.

One-year waiver extension request for ELA, Math and Science approved on January 5, 2023.

See OH approval letter and waiver request.

OH waiver extension request submitted Nov. 24, 2023. NOTE: Ohio does not anticipate exceeding the cap in this school year.

One-year waiver extension request for ELA, Math and Science approved on February 20, 2024.

See OH approval letter and waiver request.

Waiver approved for ELA, Math and Science

See OK

One-year waiver extension approved for ELA, Math and Science

See OK

One-year waiver extension request for ELA, Math and Science approved March 26, 2021.

See OK for approval letter and waiver request.

Oklahoma request for a one-year waiver extension posted for public comment thru January 18, 2022.

See OK draft waiver request

One-year waiver extension approved for ELA, Math and Science on April 22, 2022. See OK approval letter and waiver request.

Oklahoma request for a one-year wwaiver extension posted for public comment through December 7, 2022.

See OK draft waiver extension request.

One-year waiver extension request for ELA, Math and Science approved on March 7, 2023.

See OK approval letter and waiver request.

Oklahoma request for a one-year waiver extension posted for public comment through December 1, 2023.

See OK draft waiver extension request.

One-year waiver extension request for ELA, Math and Science approved on February 26, 2024.

See OK approval letter and waiver request.

Oklahoma request for a one-year waiver extension posted for public comment through November 22, 2024 via this feedback form.

See OK draft waiver extension request.

Exceeded cap without a waiver as follows:
ELA: 1.20%
Math: 1.21%
Science: 1.16%
and failed to access at least 95% of all students and students w/ disabilities in ELA, Math and Science.

As a result of exceeding cap w/o waiver, the state must:
-submit a plan for reducing AA-AAAS participation in future years in order to come into compliance with the 1.0% requirement by August 1, 2019.

-submit assessment participation data (including AA-AAAS participation) via EDFacts for the 2018-2019 school year by October 1, 2019.

See June 2019 letter to OR

Exceeded cap in 2018-2019 in ELA, Math and Science.

As a result, the state must submit assessment participation data in ELA, Math and Science and an update on the progress it has made in implementing its plan to ED by October 1. 2020.

See February 2020 letter to OR

Exceeded cap w/o a waiver in 2021-2022 in ELA and Math as follows:
ELA: 1.02%
Math: 1.01%

As a result, the state must submit a plan for how the state will come into compliance.

See October 2023 letter to OR.

Waiver request was denied due to failure to test at least 95% of students with disabilities. See PA

Exceeded cap without a waiver as follows:
ELA: 2.02%
Math: 2.01%
Science: 1.97%

As a result of exceeding cap w/o waiver, the state must:
-submit a plan* for reducing AA-AAAS participation in future years in order to come into compliance with the 1.0% requirement by August 1, 2019.

-submit assessment participation data (including AA-AAAS participation) via EDFacts for the 2018-2019 school year by October 1, 2019.

See June 2019 letter to PA

* PA's plan is here.*

Exceeded cap in 2018-2019 in ELA, Math and Science.

As a result, the state must submit assessment participation data in ELA, Math and Science and an update on the progress it has made in implementing its plan to ED by October 1. 2020.

See February 2020 letter to PA

Exceeded cap w/o a waiver in 2021-2022 in ELA, Math and Science as follows:
ELA: 1.97%
Math: 2.06%
Science: 2.19%

As a result, the state's FY 2023 Title I, Part A grant award has been placed on "high-risk" status, the state must submit a plan for how the state will come into compliance, participate in monitoring calls w/ ED and demonstrate significant progress in reducing the rates of AA-AAAS participation during the 2022-2023 and 2023-2024.

See October 2023 letter to PA.

One-year waiver request approved for ELA and Math; denied for Science due to failure to access at least 95% of students with disabilities in Science. See RI

Due to exceeding cap in 2018-19 in Science, state must submit a plan for reducing rate of AA-AAAS participation in future years in order to come into compliance with the 1.0 percent requirement by October 1, 2020.

See July 2020 letter to RI

One-year waiver approved for ELA and Math on April 22, 2022.

See RI approval letter and waiver request.

Exceeded cap w/o a waiver in 2021-2022 in Science as follows:
Science: 1.37%

As a result, the state must submit a plan for how the state will come into compliance.

See October 2023 letter to RI.

One-year waiver extension request to be submitted in January 2023 posted for public comment.

See this announcement.

Draft request is available here.

Waiver extension request denied on March 30, 2023 due to failure to test students as required, failure to post LEA information and failure to make progress in reducing participation.

See RI denial letter and extension request.

One-year waiver request to be submitted in January 2024 posted for public comment:

Public comment submission

Draft waiver request

One-year waiver request denied on April 29, 2024 due to failure to reduce AA-AAAS participation in R/LA, mathematics and science. State must submit a revised plan within 60 days and make it available to the public. See RI denial letter and request.

Waiver approved for ELA, Math and Science

See SD

Waiver approved for ELA, Math and Science

See TN

One-year waiver extension approved for ELA and Math; denied for Science due to failure to access at least 95% of all students and students w/ disabilities in Science

See TN

One-year waiver approved for ELA, Math and Science on April 22, 2022.

See TN approval letter and waiver request.

One-year waiver extension request draft posted here. No public comment period.

One-year waiver extension request denied on March 16, 2023 due to failure to show progress in reducing the AA-AAAS participation rate in R/LA, mathematics, and science between the 2018-2019 and 2021-2022 school years.

See TN denial letter and waiver extension request.

Exceeded the cap in 2022-2023 as follows:

E/LA: 1.19%, Math 1.09%, Science 1.40%. Within 60 days the state must submit a plan to reduce AA participation and make plan available to the public. See May 29, 2024 letter to TN.

Waiver approved for ELA, Math and Science

See TX

Waiver extension approved for ELA, Math and Science

See TX

Waiver extension request for ELA, Math and Science approved on May 17, 2021.

See TX for approval letter and request.

One-year waiver extension approved for ELA, Math and Science on April 22, 2022.

See TX approval letter and waiver request.

Extension waiver request to be submitted in Dec. 2022. No public comment period.

Draft available here.

Waiver extension request denied on March 7, 2023 due to failure to show progress in reducing the AA-AAAS participation rate in R/LA, mathematics, and science between the 2018-2019 and 2021-2022 school years.

See TX denial letter and waiver request.

Exceeded the cap in 2022-2023 as follows:

E/LA: 1.54%, Math 1.59%, Science 1.44%. Within 60 days the state must submit a plan to reduce AA participation and make plan available to the public. See May 29, 2024 letter to TX.

Plan submitted to ED is available here.

Waiver extension request for Math approved on May 17, 2021.

See VT for approval letter and waiver request.

Exceeded cap w/o a waiver in 2021-2022 in ELA as follows:
ELA: 1.01%

As a result, the state must submit a plan for how the state will come into compliance.

See October 2023 letter to VT.

Exceeded cap without a waiver as follows:
ELA: 1.16%

As a result of exceeding cap w/o waiver, the state must:
-submit a plan for reducing AA-AAAS participation in ELA in future years in order to come into compliance with the 1.0% requirement by August 1, 2019.

See June 2019 letter to VA

USED letter to VA advising state to submit a waiver request for 2020-2021 if it anticipates exceeding the cap. See VA.

Waiver extension request for ELA, Math and Science approved on April 13, 2021.

See VA for approval letter and waiver request.

One-year waiver extension request posted for public comment until 11-19-21. See notice and waiver extension request.

One-year waiver extension request for ELA, Math and Science approved on March 4, 2022.

Approval letter and waiver request available here.

One-year waiver extension request posted for public comment until November 28, 2022. See notice and waiver extension request.

One-year waiver extension request for ELA and Science approved on Feb. 28, 2023. Extension request denied for Math due to failure to test at least 95% of all students.

Letter and waiver request available here.

Draft waiver request posted for public comment until November 25, 2024.

Draft waiver request is available here.

Waiver approved for ELA, Math and Science

See WV

One-year waiver extension approved for ELA, Math and Science

See WV

One-year waiver extension request for ELA, Math and Science approved on March 26, 2021.

See WV for approval letter and waiver request.

One-year waiver extension request for ELA, Math and Science approved on April 22, 2022.

WV approval letter and waiver request available here.

One-year waiver extension request posted for public comment. No comments were received.

Draft request available here.

One-year waiver extension request approved on March 7, 2023.

See WV approval letter and waiver request.

One-year waiver extension request for ELA, Math and Science is posted here.

One-year waiver extension request for ELA, Math and Science approved on April 10, 2024.

See WV approval letter and waiver request.

Waiver approved for ELA, Math and Science

See WI

One-year waiver request for Science denied due to late submission on July 25, 2022.

Denial letter and waiver request available here.

Exceeded cap w/o a waiver in 2021-2022 in ELA, Math and Science as follows:
ELA: 1.07%
Math: 1.07%
Science: 1.10%

See October 2023 letter to WY.

One-year waiver extension request approved on March 9, 2023 for ELA, Math and Science.

See WY approval letter and waiver request.

Waiver extension request posted for public comment via this survey until November 24, 2023. Submitted to USED on December 6, 2023.

One-year waiver extension request approved on April 10, 2024 for ELA, Math and Science.

See WY approval letter and waiver request.

Waiver extension request posted for public comment until November 21, 2024. Submit comments via this form.

See draft waiver extension request here.

SOURCES:

USED:
ESEA Waivers
ESEA Policy Letters to States