Public Notice of ESSA Alternate Assessment Cap Waiver for the 2022-2023 school year

The Mississippi Department of Education (MDE) is seeking public comments on the following waiver request for the Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA), which will be submitted to the U.S. Department of Education. Public comments may be submitted by email to the Office of Special Education at no later than 5 p.m. on Friday, September 9, 2022.

In accordance with 34 CFR 200.6(c)(3), a State must require a local education agency (LEA) that assesses more than 1.0 percent of its assessed students in any subject with an alternate assessment to submit information to the state stating the reason it exceeds the 1.0 percent threshold. States can request a one-year waiver from this requirement if the state anticipates being above the cap. The MDE is submitting this request for the 2022-2023 school year to provide the necessary time to continue to implement policies and district supports to ensure the alternate assessment is only administered to those students for whom it is intended.

The MDE anticipates that Mississippi will be above the 1.0 percent cap in 2022-2023. The waiver submission for the 2022-2023 school year includes a demonstration of progress in the work of reducing the percentage of students assessed via the Mississippi Academic Assessment – Alternate (MAAP-A) as well as the following information, as outlined in 34 CFR § 200.6(c)(4)(ii-v).

Prior to submitting this ESSA waiver request, the MDE is providing public notice with the opportunity to provide comment to all interested parties across Mississippi. The MDE is providing such notification by posting a public notice on its website of the intent to request a waiver of 1.0 percent cap. Copies of all comments the State may receive from stakeholders in response to this notice will be attached to the waiver request sent to the U.S. Department of Education.

1% Waiver Request 8.29.22