Alternate Assessment Waiver
2024-25 Alternate Assessment Waiver Extension Request:
The state of New Mexico submitted its first 1% alternate assessment participation rate waiver in December 2023. A total of 20 states submitted waivers or waiver extensions for the 2023-2024 school year. Twelve waivers or waiver extensions received approval, including the New Mexico waiver. For the 2024-2025 school year, New Mexico is eligible to submit a waiver extension.
The State must meet the requirements outlined in section 8401 of the ESEA regarding public comment. In this context, “public comment” entails that a State requesting a waiver extension has informed the public and any interested local educational agencies (LEAs) about the waiver extension request, providing them with adequate notice and a reasonable chance to offer feedback and suggestions on the entire request.
Please provide comments to the 2024-25 Waiver Extension Request using the Google Form. The window for Public Comment has been extended from December 9 – 20, 2024.
PED Letter and Plan to USED for Monitoring the AA-AAAS Rate
The Individuals with Disabilities Education Act (IDEA) requires that children with disabilities participate in all general state- and district-level assessments. The exception is students with most significant cognitive disabilities (MSCD) who cannot participate in general assessments, as indicated in their Individualized Education Programs (IEPs) (20 U.S.C. §1412(a)(16)(C)). The implementing regulations of IDEA, 34 C.F.R. § 300.160(c)(1), requires the PED to issue guidelines for determining MSCD students for participation in New Mexico’s alternate assessments, Dynamic Learning Maps (DLM).
In 2017, the United States Department of Education (USED) limited the total number of students who may be assessed using the statewide Alternate Assessment to only 1% of the total number of students assessed statewide in each of these same subject areas (ESEA section 1111(b)(2)(D)(i)(I)). In response to that requirement, the PED has developed the NMPED 2024-25 Alternate Assessment
Monitoring and Support Guidance Manual to provide detailed information regarding the monitoring process.
Alternate Assessment Participation Rates
2023-24 Alternate Assessment Participation Rates by School and District
Justification Survey and Assurances
2024-25 Alternate Assessment (1.0 Percent) LEA Justification Form
Why is PED Monitoring?
Starting in 2017, federal law limited the total number of students with the most significant cognitive disabilities who are assessed statewide with a reading/English language arts, mathematics, or science Alternate Assessment (DLM) to 1% of the total number of students in the state who are assessed statewide in each of these same subject areas (ESEA section 1111(b)(2)(D)(i)(I)). This 1% threshold raises the importance of ensuring that appropriate students participate in the Alternate Assessment (DLM), in part because of the additional requirements placed on states and districts when a state exceeds the threshold.
New Mexico has exceeded the 1% threshold and will be seeking a waiver from the U.S. Department of Education for one year from the requirement to not exceed 1% participation in the Alternate Assessment (DLM). In order to submit a waiver, NMPED must provide assurances, one of which that NMPED has verified that each LEA that the state anticipates will assess more than 1% of its assessed students in any subject using an Alternate Assessment (DLM) has followed the State’s guidelines for participation. (34 CFR §200.6(c)(4)).
New Mexico has exceeded the 1% threshold yearly for the last three years. Therefore, NMPED Assessment Division has developed:
- A plan for supporting and providing oversight and monitoring of LEAs: NMPED 2024-25 Alternate Assessment Monitoring and Support Guidance Manual,
- Timelines and processes for additional support and oversight, and
- Additional training, in partnership with OSE , designed to ensure that OSE district level leadership, District Test Coordinators and IEP team members understand and implement the plan linked above.
Who receives an audit?
The cornerstone of the PED’s multifaceted approach is a system of support, intervention, and monitoring designed to improve application of state guidelines for participation in the Alternate Assessment for students with the Most Significant Cognitive Disabilities.
| Phase 1 | Phase 2 | Phase 3 |
|---|---|---|
| Alternate Assessment Students predicted participation rate of <1% of students (Math, Language Arts, or Science). | Alternate Assessment Students predicted participation rate of >1% and up to 2% (Math, Language Arts, or Science). | Alternate Assessment Students predicted participation rate of >2% (Math, Language Arts, or Science). |
| All District Test Coordinators(DTCs) successfully complete the required Alternate Assessment (DLM) seven-module training in the Kite Educator Portal. | Complete all Phase 1 and Phase 2 requirements. | Complete all Phase 1, Phase 2 and Phase 3 requirements. |
| Complete First Contact Survey by November 15 of new each school year. NMPED will review this data. | LEAs identify Special Education Directors (and other LEA-identified OSE staff) to take the Alternate Assessment (DLM) seven-module training in the Kite Educator Portal DTCs will roster SED staff. | Complete Phase 3 Improvement Plan (Appendix C). Appendix E may be used in lieu of Appendix C. |
| DTCs prepare to be randomly sampled for PED virtual audits. DTCs present evidence of LEA’s and site’s systems to verify student Participation in Alternate Assessments, and, when appropriate, completion of the OSE IEP Addendum for Alternate Assessment. | LEAs complete Alternate Assessment Root Cause Report (Appendix B). Appendix E may be used in lieu of Appendix B. | Prepare for onsite compliance monitoring visits which include review of the OSE IEP Addendum for Alternate Assessment, and respond to recommended steps or corrective action (if provided). |
| Complete and submit the 1% justification survey including District Assurances to NMPED. | LEAs, DTCs, and OSE Leader(s) present their practices, systems, and next steps during a virtual audit to the NMPED. Phases 2 and 3 complete a Monitoring Slide Deck. Appendix E may be used in lieu of the Monitoring Slide Deck. |
What is the monitoring Process?
New Mexico’s Alternate Assessment Monitoring and Support System includes:
- Annually requiring justification and assurances forms and verification prior to EOY summative assessment from districts and charter schools who expect to exceed the 1% threshold of assessing students using the Alternate Assessment.
- The PED will monitor the justification forms and assurances to support LEAs as they strive to meet student needs and expected national rates.
- The PED will monitor completion, data presented, and the accuracy of the First Contact Survey
- A record of LEA and charter answers on the forms are posted on the PED website.
- Supporting and monitoring LEAs to ensure evidence of their implementation process and consistent use of the NM Alternate Assessment for IEP Addendum Tool for all students being considered for and placed in the DLM Assessment.
- LEAs needs to establish systems of checks and balances to implement and monitor the use of the OSE Addendum for Alternate Assessment.
- LEAs are strongly recommended to use NM Alternate Assessment for IEP Addendum Tool for each student being considered for the Alternate Assessment.
- Monitoring LEA alignment and adherence to the definition for most significant cognitive disabilities.
- Monitoring NMAC 6.10.7 requirements of district test coordinators to develop checklists and written procedures for internal use to
- ensure all procedures for standardized testing comply with NMPED Assessment Guidelines and
- collaborate with appropriately licensed personnel to ensure appropriate accommodations and test placement for students with disabilities and English language learners (6.10.7.12 NMAC).
- Provide oversight, support, and corrective action for districts exceeding the 1% threshold.
- Technical assistance and monitoring to LEAs to ensure student success and parent understanding and to meet state and federal requirements.
- DTC audits which include LEAs presenting information regarding their systems and verification processes around identification of students with the MSCD who will be assessed with Alternate Assessment (DLM).
- The PED provides professional learning opportunities, tools, and resources. (See DLM Modules and Canvas Courses).
- District Test Coordinators (DTC) to take DLM training and pass seven modules.
- Special Education staff are welcome to learn more about DLM by taking the DLM training modules (unless Phase 2 or 3 status makes that a requirement).
- LEAs identified as exceeding 1% of their students tested using DLM must follow the Phase 2 or Phase 3 requirements specified in New Mexico’s 2024-25 Alternate Assessment Monitoring and Support Guidance Manual
PED Support to Districts
NMPED 2024-25 Alternate Assessment Monitoring and Support Guidance Manual
NMPED Alternate Assessment Rates & Accommodations Manual Updates Presentation 11/16/2023