Superintendent Arntzen Seeks Public Comment for Special Education Alternative Assessment Waiver

• Brian O'Leary
• November 09 2022

HELENA – Superintendent Arntzen is preparing to submit a 1% waiver as required by the United States Office of Special Education Programs (OSEP). The Montana Office of Public Instruction (OPI) has adopted alternate academic achievement standards for students with the most significant cognitive disabilities. OPI measures the achievement of those standards with an alternate assessment aligned with alternate academic achievement standards (AA-AAAS).  Federal regulation 34 C.F.R. 200.6(c)(2) requires that, for each subject for which assessments are administered, the total number of students assessed in that subject using an alternate assessment with alternate academic achievement standards may not exceed 1% of the total number of students in the State who are assessed in that subject.

“Education should always seek public comment,” said Superintendent Elsie Arntzen. “This waiver is about transparency in assessments for students of all abilities. The alternative assessments meet students at their ability level which is the goal of personalized learning for all of our Montana students.”

The federal Every Student Succeeds Act (ESSA) caps the percentage of students who can take the alternate assessment at 1% of the total students tested. The ESSA also allows states that may exceed the 1% cap to apply for a one-year waiver. Montana has not requested the waiver previously.  However, OPI believes the waiver may be necessary for the 2022-2023 school year. OPI has scheduled two virtual webinars that will be open for public comment.

Virtual Zoom Public Comment Webinars(Meeting ID: 816 3452 6859, Password: 178051):

• November 17, 2022: Webinar 1 for public input, 4:00pm-5:00pm
• November 22, 2022: Webinar 2 for public input, 4:00pm to 5:00pm

Public comment may also be submitted to OPIMSAAWaiver@mt.gov through December 7, 2022 at 4:00 PM.

UPDATE: On December 13, 2022, OPI submitted an initial 1% Waiver Request following the process established by an OSEP memo sent to states on September 20, 2022. Based on public comment received during an initial 30-day public comment window, and in consultation with OSEP, the OPI has extended the public comment window regarding the waiver until January 7, 2023. After consideration of public comment received during the extended comment window, the OPI will submit an addendum to the waiver request by January 20, 2023. The 1% Waiver Request document is available for review on the OPI Special Education website.

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