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The Individuals with Disabilities Education Act (IDEA) requires children with disabilities to participate in all general State and district-level assessments unless they cannot participate in these assessments as indicated in their individualized education programs (IEP) 20 U.S.C. §1412(a)(16)(C). The implementing regulations of IDEA requires NMPED to issue guidelines for determining who are the students with the most significant cognitive disabilities (MSCD) for participation in alternate assessments (DLM) 34 C.F.R. § 300.160(c)(1).
In August 2023, NMPED released a memo defining students identified with the most significant cognitive disabilities to demonstrate their knowledge and skills. NMPED Assessment Division issued an Alternate Assessment Monitoring and Support System Guidance Manual and a comprehensive Alternate Assessment Decision-Making Tool and to help students, families and IEP teams have informed conversations and make student centered decisions.
NMPED Special Education Division (SED), beginning SY 2023-24, requires IEP teams to document the IEP decision process using SED’s Participation in Alternate Assessment and attaching, in the IEP, Addendum for Alternate Assessment. This process and documentation will be monitored by District Test Coordinators, Special Education leaders and NMPED Assessment and Special Education Division.
In 2017, the United States Department of Education (USDE) limited the total number of students with the most significant cognitive disabilities who are assessed statewide 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)). New Mexico has exceeded the 1% threshold yearly for the last three years. Therefore, NMPED Assessment has developed:
- A plan, Alternate Assessment Monitoring and Support System, for supporting and providing oversight and monitoring of LEAs,
- Timelines and processes for additional support and oversight, and
- Additional training, in partnership with SED, designed to ensure that SED district level leadership, District Test Coordinators and IEP team members understand and implement the state Alternate Assessment Monitoring and Support System.
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, Alternate Assessment Monitoring and Support System, for supporting and providing oversight and monitoring of LEAd,
- Timelines and processes for additional support and oversight, and
- Additional training, in partnership with SED, designed to ensure that SED district level leadership, District Test Coordinators and IEP team members understand and implement the state Alternate Assessment Monitoring and Support System.
Who receives an audit?
The cornerstone of NMPED 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 |
|---|---|---|
| <1% of students on record participating in the Alternate Assessment, (Math, ELA, or Science) during the most recent state assessment (See: District Data Visualization Report). | >1% and equal to 2% on record participating in the Alternate Assessment (Math, ELA, or Science) during the most recent state assessment. (See: District Data Visualization Report) | >2% on record participating in the Alternate Assessment (Math, ELA, or Science) during the most recent state assessment. (See: District Data Visualization Report) |
| NMPED Assessment provides professional learning opportunities, tools, and resources. | Complete all Phase 1 and Phase 2 requirements. | Complete all Phase 1, Phase 2 and Phase 3 requirements. |
| All District Test Coordinators successfully pass the Alternate Assessment/DLM 7 module training. | All District Test Coordinators roster Special Education Directors so they can successfully pass the Alternate Assessment (DLM) 7 module training. | Complete Alternate Assessment Root Cause: Intensive Report |
| First Contact Survey accurately completed November 15. NMPED will review this data. | Public Agencies complete Alternate Assessment Root Cause: Intensive Report. | Complete Phase 3 Improvement Plan Revisit the Alternate Assessment Participation Decision Making Tool for students and staff |
| Randomly sampled districts will participate in DTC audits. DTCs will present evidence of Public Agencies’ and site’s systems to identify students for DLM, the verification of the IEPs documentation of participation and, when appropriate, completion of the IEPs Addendum for Alternate Assessment. | Public Agencies’ DTC and SED Leader(s) present their practices, systems and next steps during a virtual audit to NMPED. Slide template provided by NMPED | Prepare for onsite compliance monitoring. |
| Complete and submit a 1% justification survey that includes District Assurances to NMPED by September 30. Complete 1% justification survey verification by Feb. 1 | Respond to recommended steps or corrective action |
What is the monitoring Process?
New Mexico’s Alternate Assessment Monitoring and Support System includes:
- Annually requiring justification forms and assurances and verification prior to EOY summative assessment from districts and charter schools who expect to exceed the 1.0% threshold, assessing students using the Alternate Assessment.
- NMPED will monitor the justification forms and assurances to support LESs as they strive to meet student needs and expected national rates.
- NMPED 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 NMPED website.
- Supporting and monitoring LEAd to ensure evidence of their implementation process and consistent use of the NM Alternate Assessment Decision Making 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 SED Addendum for Alternate Assessment.
- LEAs are strongly recommended to use New Mexico’s Alternate Participation Assessment Decision Making Tool for each student being considered for the Alternate Assessment.
- Monitoring LEA alignment and adherence to the definition for students with most significant cognitive disabilities.
- Monitoring NMAC 6.10.7 which requires district test coordinators to develop checklists and written procedures for internal use to
- ensure all procedures for standardized testing comply with (Santa Fe Provided Checklist) 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 1.0% threshold.
- Technical assistance and monitoring to LEAd to ensure student success, 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).
- NMPED 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, unless required by Phase 2 or 3 status, are welcome to learn more about DLM by taking the DLM training modules.
- 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 Alternate Assessment Monitoring and Support System.
- LEAs to use the District Data Visualization Report to examine disportionality and systems that impact Alternate Assessment placement.