1% Cap Requirement and Waiver Process

MEMORANDUM

FLORIDA DEPARTMENT OF EDUCATION

TATE BOARD OF EDUCATION

T. WILLARD FAIR,

DONNA G. CALLAWAY

DR. AKSHAY DESAI

ROBERTO MARTÍNEZ

PHOEBE RAULERSON

KATHLEEN SHANAHAN

LINDA K. TAYLOR

Jeanine Blomberg

Commissioner of Education

Contact Information:

Karen Denbroeder

karen.denbroeder@fldoe.org

TO:

District Accountability Coordinators

Juan Copa, Director of Evaluation and Reporting

Bambi J. Lockman, Chief, Bureau of

Exceptional Education and Student Services

1% Cap Requirement and Waiver Process

The purpose of this memorandum is to provide you with information on Florida’s

implementation of the 1% cap requirement for students with significant cognitive disabilities and

the district waiver process for exceeding the cap.

All students with disabilities must be assessed either using the Florida Comprehensive

Assessment Test (FCAT) or an alternate assessment. It is expected that the majority of students

with disabilities are assessed by the FCAT. Individual Educational Plan (IEP) teams must make

the appropriate determination of whether a student with disabilities should be assessed by the

FCAT or an alternate assessment based on the requirements defined in Rule 6A-1.0943, FAC,

and use of the Florida Alternate Assessment Participation Checklist.

DISTRICT WAIVER PROCESS

Under No Child Left Behind, states have the flexibility to count the proficient scores of students

with significant cognitive disabilities who take alternate assessment, as long as the number of

those proficient scores does not exceed 1% of all students in the grades assessed. In some

districts, the percent of students with disabilities who are proficient on alternate achievement

standards may exceed 1% of the total assessed population due to a large number of students with

325 W. GAINES STREET • TALLAHASSEE, FL 32399-0400 • (850) 245-0505 • www.fldoe.org

District Accountability Coordinators

significant cognitive disabilities served by the district. In such cases, the district may apply to the

state for a waiver.

Waiver consideration 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 large

change in the percent of students with significant cognitive disabilities

House high quality, research-based programs for students with significant cognitive

abilities that attract families from around the state and country

United States Department of Education (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 local

education agency (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 and achieve

In order for a LEA waiver request to be considered, the following components

An explanation of the circumstances that result in more than 1% of all students

districtwide having the most significant cognitive disabilities and achieving at the

proficient or advanced level on alternate achievement standards

Data showing the number of students participating in an alternate assessment by

A complete description of the high-quality, research-based program for students with

significant cognitive disabilities

Data showing 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

Without the required components, including data, the waiver request will not be considered.

Please send waiver requests to Bambi J. Lockman, Chief, Bureau of Exceptional Education and

Student Services, 325 West Gaines Street, Suite 614, Tallahassee, Florida 32399-0400, or via e-

mail at bambi.lockman@fldoe.org. If you have questions regarding the waiver process, please

contact Karen Denbroeder at (850) 245-0475 or via e-mail at karen.denbroeder@fldoe.org.

District Accountability Coordinators

CALCULATION OF 1% CAP AT THE DISTRICT LEVEL

The following steps will be used to calculate 1% of students with disabilities taking the alternate

assessment that will be included in adequate yearly progress (AYP) proficiency calculations:

Step 1: Match Survey 2/3 membership file with all assessment records; determine 1% of all

matched records.

Step 2: Find all students with disabilities taking a reading alternate assessment; determine the

number of students scoring at proficient and advanced levels.

Step 3: Compare the numbers from Steps 1 and 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 assessment 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.

Students identified as specific learning disabled 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

For questions regarding the calculation of the 1% cap, please contact Juan Copa at (850) 245-

0411 or e-mail at juan.copa@fldoe.org.

We appreciate your support and continued efforts in providing services to students with

cc: District School Superintendents

Exceptional Student Education Directors

Exceptional Student Education Alternate Assessment Coordinators

District Assessment Coordinators