Announcements

Public Notice and Comment Period

Waiver Request- Pursuant to 34 C.F.R. §200.6(c)(4)

July 23, 2025

The Delaware Department of Education (DDOE) Office of Assessment is seeking comments on the following waiver extension request.  DDOE will request a waiver from the United States Department of Education for the 2025-2026 school year, pursuant to the regulation found at 34 C.F.R. §200.6(c)(4) requiring State Education Agencies (SEAs) to limit the number of students participating in state alternate assessment in a required subject area to be at or below one percent of the total number of all students taking the state level assessment.

34 C.F.R. §200.6(c)(2) states:

For each subject for which assessments are administered under §200.2(a)(1), the total number of students assessed in that subject using an alternate assessment with alternate academic achievement standards under paragraph (c)(1) of this section may not exceed 1.0 percent of the total number of students in the State who are assessed in that subject.

State Education Agencies requesting a waiver are required to adhere to the requirements stipulated at 34 C.F.R. §200.6(c)(4) and may be found below. DDOE is requesting a waiver extension for the anticipated greater than one percent alternate assessment participation in accordance with waiver requirements below.

If a State anticipates that it will exceed the cap under paragraph (c)(2) of this section with respect to any subject for which assessments are administered under §200.2(a)(1) in any school year, the State may request that the Secretary waive the cap for the relevant subject, pursuant to section 8401 of the Act, for one year.  Such request must—(i) Be submitted at least 90 days prior to the start of the State’s testing window for the relevant subject;

Pursuant to the stated federal requirements, DDOE will submit a one-year waiver extension request, along with a plan and timeline intended to begin to address the reduction of percentages exceeding the one percent cap of alternate assessment participation.  The following information, as detailed in 34 C.F.R. §200.6(c)(4), will be included in the waiver:

• Delaware state-level data including
  • subgroup counts and percentages
  • participation rates in alternate assessments
• State assurances that LEAs exceeding the one percent cap followed State guidelines in determining eligibility for participation in alternate assessments
• A statewide plan and timeline including
  • Clarification of State guidelines, in conjunction with professional development, to expand understanding and implementation of the guidelines and the identification process
  • Support and oversight for LEAs exceeding the one percent cap, as well as addressing any identified areas of disproportionality

NOTIFICATION OF PUBLIC COMMENT PERIOD

Prior to the submission of this new waiver request to exceed one percent alternate assessment participation, the DDOE is providing notification and requesting public comment.   Comments on this proposed Delaware waiver pursuant to 34 C.F.R. §200.6(c)(4) may be submitted in writing from July 23 – August 22, 2025, to Michelle Jackson, Delaware Department of Education, Office of Assessment, 401 Federal Street, Suite 2, Dover DE 19901 or through email at Michelle.Jackson@doe.k12.de.us.

Notification of this waiver request submission is being posted publicly on the DDOE website.  Additionally, this information will be disseminated to LEA superintendents, district and charter leadership and coordinators, special education leadership, parent advisory and stakeholder groups, as well as educators.  Comments received will be attached to the waiver request submission being sent to the US Department of Education.