Pursuant to 34 C.F.R. §200.6(c)(4), the VDOE will seek a waiver for the 2024-2025 school year from the Secretary of the United States Department of Education. The regulation found at 34 C.F.R. §200.6(c)(2) requires state educational agencies, such as the VDOE, to limit the total number of students assessed in a subject area using an alternate assessment. The limit on the percentage of students assessed by the alternate assessment is set by the federal regulation, stating there shall be no more than one percent of the total number of students assessed taking the alternate assessment in each subject area.

Specifically, 34 C.F.R. §200.6(c)(2) provides:

For each subject for which assessments are administered under § 200.2(a)(1), the total number of students assessed in that subject using an alternate assessment with alternate academic achievement standards under paragraph (c)(1) of this section may not exceed 1.0 percent of the total number of students in the State who are assessed in that subject.

Public comment on this waiver is open. Any individual or organization may submit written comments on the proposed waiver, pursuant to 34 C.F.R. §200.6(c)(4). The proposed waiver request for comment is available on the VDOE Virginia Alternate Assessment Program (VAAP) webpage. Written comments must be submitted to Accountability@doe.virginia.gov by November 25, 2024.

This information is requested to be shared with members within the education community and local boards of education.

For additional information about the proposed waiver, contact Jeff Phenicie, Executive Director of Data, Monitoring and General Supervision, at Jeff.Phenicie@doe.virginia.gov or (804) 750-8145; or Deborah Johnson, Monitoring Specialist, at Deborah.Johnson@doe.virginia.gov or (804) 750-8645.