FLORIDA DEPARTMENT OF EDUCATION
     
     
     
     
     
     
     
     
     
     
     
     
    S
      
    TATE BOARD OF EDUCATION
     
    F. PHILIP HANDY,
    Chairman
     
    T. WILLARD FAIR,
    Vice Chairman
     
     
    Members
     
    LINDA J. EADS, ED.D.
     
    CHARLES PATRICK GARCÍA
     
    JULIA L. JOHNSON
     
    WILLIAM L. PROCTOR, PH.D.
     
     
    LINDA K. TAYLOR
     
    JIM HORNE
    Commissioner of Education
     
      
     
     
     
     
    April 7, 2004
     
    To:
      
    District Assessment Coordinators
    From:
    Christy Hovanetz, Director of Evaluation and Reporting
      
    Michele Polland, Acting Chief, Bureau of Instructional Support and
    Community Services
    Subject:
    Implementing the 1% Cap for Alternate Assessment for Students with
    Significant Cognitive Disabilities
    The purpose of this memorandum is to provide you with information on how Florida
    will implement the 1% cap requirement for students with disabilities and the district
    waiver process for exceeding the 1% cap.
    All students with disabilities must be assessed either using the FCAT or an alternate
    assessment. It is expected that the majority of students with disabilities participate in the
    FCAT. Individual Educational Plan (IEP) teams must continue to make the appropriate
    determination of whether a student with disabilities should participate in the FCAT or an
    alternate assessment based on the requirements defined in Rule 6A-1.0943, FAC. It is
    inappropriate for schools or IEP teams to make decisions regarding a student’s
    participation in the FCAT for any reason related to the school’s grade or determination of
    AYP.
     
    District Waiver Process
     
    In some districts, the percent of students with disabilities who are proficient on alternate
    standards may exceed 1% of the total assessed population due to the large numbers of
    students with significant cognitive disabilities served by the district. In such cases, the
    district may apply to the state for a waiver.
     

    March 31, 2004
    Page 2
     
    Waiver consideration for a district will be given to districts that:
     
    House multi-district programs for students with significant cognitive
    disabilities.
     
    Are very small, such that a slight change in the number of students produces a
    significantly large change in the percent of students with significant cognitive
    disabilities.
     
    House high quality, research-based programs for students with significant
    cognitive disabilities that attract families from around the state and country.
     
    USDE has provided guidance to states regarding a state’s application for a waiver and has
    recommended that states use similar, rigorous criteria with districts that wish to apply for
    a waiver. In general, the guidance indicates that “the LEA should provide evidence that
    explains why more than 1% of all students in the LEA’s tested grades have the most
    significant cognitive disabilities.”
     
    The LEA waiver request must include the following components:
     
    Explanation of circumstances that result in more than 1% of all students
    district wide having the most significant cognitive disabilities and achieving at
    the proficient or advanced level on alternate standards.
     
    Data showing the number of students participating in an alternate assessment
    by disability.
     
    A complete description of the high quality, research-based program for
    students with significant cognitive disabilities.
     
    Confirmatory data that demonstrates movement of students with the most
    significant cognitive disabilities from other districts and states into programs
    in the LEA.
     
    Data confirming that the district houses a multi-district program for students
    with the most significant cognitive disabilities, including the number of
    students from other districts by disability.
     
    Please send waiver requests to Michelle Polland in the Bureau of Instructional Support
    and Community Services via e-mail at michelle.polland@fldoe.org. If you have
    questions regarding the waiver process, please contact Karen Denbroeder or Lezlie Cline
    at (850)245-0475 or via e-mail at karen.denbroeder@fldoe.org or lezlie.cline@fldoe.org.
     
    Calculation for 1% Cap at the District Level
     
    Federal regulation 34 CFR 200.12(c)(1)(ii) states:
     
    “(c)(1) In calculating adequate yearly progress for schools, LEAs, and the State, a State-
    (ii) May include the proficient and advanced scores of students with the most significant
    cognitive disabilities based on alternate achievement standards…[alternate assessment]
    provided that the number of those students who score at the proficient or advanced level
    on those alternate achievement standards at the LEA and State levels, separately, does not
    exceed 1.0 percent of all students in the grades assessed in reading/language arts and in
    mathematics.”

    March 31, 2004
    Page 3
     
     
    The following summarizes the steps the Department will take to calculate 1% of students
    with disabilities taking the alternate assessment that will be included in AYP proficiency
    calculations:
     
    Step 1: Match Survey 2/3 membership file with all assessment records; determine
    what 1% is of all the matched records.
     
    Step 2: Find all students with disabilities taking a Reading alternate assessment;
    determine the number of students that represent proficient and advanced.
     
    Step 3: Compare the number from Step 1 to the number in Step 2.
     
    If the number of students that are proficient or advanced on the
    alternate assessment (Step 2) is less than 1% of matched records
    (Step 1), then stop. The district has met the 1% requirement.
     
    If the number of students proficient or advanced on the alternate
    assessment (Step 2) is more than 1% of matched records (Step 1),
    then all students identified as specific learning disabled (SLD) who
    were reported as proficient or advanced on alternate assessments
    will, for the purpose of AYP, be reported as not proficient to meet
    the 1% requirement.
     
    Step 4: Repeat with Mathematics alternate assessments.
     
    Step 5: Recalculate AYP results at the school level.
     
    The SLD students who are considered not proficient at the district level because the
    district exceeded the 1% cap will also be considered not proficient at the school level.
     
    Please refer to DPS Memo #04-085 sent to Superintendents on February 18, 2004, by
    Chancellor Jim Warford for information on determining whether a student should
    participate in the FCAT or an alternate assessment. Additional information on the federal
    and state regulations is attached. For questions regarding the calculation of the 1% cap,
    please contact Cassie Conn via e-mail at cassie.conn@fldoe.org or Christy Hovanetz via
    e-mail at Christy.hovanetz@fldoe.org in the Evaluation and Reporting Office or by phone
    at 850-245-0411.
     
    We appreciate your support and continued efforts in providing services to students with
    disabilities.
    cc:
    John Winn
    District School Superintendents
    Exceptional Student Education Directors
    ESE Alternate Assessment Coordinators

    March 31, 2004
    Page 4
     
    District Accountability Contacts

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