Pennsylvania 1.0 Percent Requirement Compliance Plan Update - August 2024

Part I: Introduction

In October of 2023 the United States Department of Education (USDE) notified PDE that the percentage of students with the most significant cognitive disabilities taking an alternate assessment aligned with alternate academic achievement standards (AA-AAAS) substantially exceeded the 1.0 percent threshold. Consequently, pursuant to USDE’s authority in 2 C.F.R. §§ 200.208 and 3474.10, PDE’s FY 2023 Title I, Part A grant award was placed on “high-risk” status.

While PDE has implemented a robust plan to address 1 percent compliance since 2019, there are some unique circumstances that preclude the state from obtaining a 1 percent waiver. PA has not been able to meet the federally required 95 percent participation rate for students with disabilities, and therefore has not been able to apply for the 1 waiver since its inception.

As evidenced in the most recent compliance action plans submitted to USDE, Pennsylvania has increased efforts to increase overall participation in state assessment for all students and students with disabilities. PDE’s original compliance action plan and all relevant updates can be accessed on the Bureau of Special Education (BSE) assessment website: ESSA 1.0 Percent Threshold Justification Requirements

Part II: Pennsylvania Participation Data

At the time of this submission, 2024 testing data is preliminary. Final accountability data will be reported to Ed Facts in January of 2025.

As outlined in the table below, Pennsylvania continues to exceed the 1.0 percent threshold for students who participate in the Pennsylvania Alternate System of Assessment (PASA), the state’s AA-AAAS. The 2023-24 data shows some progress on the percentage of students participating in the AA-AAAS. The state is now slightly under 2%, as it previously assessed 2% or more over the last 5 years. Likewise, some progress is being made with the total number of students and students with disabilities who participate in state assessment overall. See Table 1 below for data. Note, the 2023-24 percentages are considered preliminary at the time of this submission.

Table 1: State Participation in PASA by Content Area

*(SWD) – students with disabilities

As indicated in PDE’s initial compliance plan and updates, a heavy focus has been placed on training the field on the PASA eligibility criteria. LEAs and IEP teams are provided guidance on what the state considers “red flag” disability categories and why, by definition, students in these disability categories should not be qualified to take the AA-AAAS. These efforts have yielded success, and Pennsylvania shows a continued reduction in the percentages of students tested in these disability categories from 2019 to 2024 as demonstrated in Table 2 below. PDE/BSE is also analyzing data on students who participate in the AA-AAAS with a primary disability of Other Health Impairment.  BSE provides guidance to the field to use caution when qualifying a student with a primary disability of Other Health Impairment (OHI) for the AA-AAAS since this disability category encompasses such a wide range of ability levels.  Future efforts in addressing ‘red flag’ disability categories will include students with a primary disability of OHI.

Table 2: Percentage of Students Tested, by Disability Category

BSE conducted a deeper data analysis on PASA student exit data to better gauge how many students are moving from the AA-AAAS to the general assessment.  During the 2023-24 school year, 894 students were exited from the enrollment system for a reason of ‘no longer qualifies’.  The prior year, 640 were exited for this same reason.  This shows an increase in the number of IEP teams that are reconvening to revisit the PASA eligibility criteria based upon guidance and training they receive from the BSE.  The data in Table 3 below shows an increase in the number of students who are being moved from the AA-AAAS to the general assessment over the course of the last two years, illustrating IEP teams are working to make the right assessment decisions for students in PA.

Table 3:  Students Exited from the PASA

Part III: Summary of Actions to Address 1.0% Compliance

Below is a summary of actions implemented by PDE/BSE during the 2023-24 school year in accordance with the state’s 1.0 Percent Compliance Plan of Action.

1. 95 Percent Participation for Students with Disabilities: PDE recognizes the importance of the 95 percent participation requirement for all students, including students with disabilities, to participate in statewide assessment. Prior to the 2020 pandemic, Pennsylvania met this requirement in the “all” student category but not in the SWD subgroup. While participation rates are still not meeting the target, improvement in both the “all” student category and SWD subgroup have been made in all tested subjects.
   • Pennsylvania's Consolidated State Plan stipulates schools with participation rates below 95 percent are required to develop and implement state approved compliance plans. LEAs with statewide assessment participation rates below 95 percent are required to submit an action plan to PDE. 
   • BSE implemented an additional measure of monitoring statewide assessment participation for students with disabilities through the Cyclical Monitoring for Continuous Improvement (CMCI) process.  During the 2023-24 monitoring cycle, a total of 101 LEAs submitted improvement plans to BSE for statewide assessment participation rates.
   • PDE/BSE presented at the 2024 National Conference on Student Assessment in a session led by the National Center for Educational Outcomes (NCEO) entitled, "Meeting the 95% Participation Requirement: State Plans and Opt Out Policies".  PA presented some of the barriers it faces in trying to meet the 95 percent participation requirement, outlining the state’s unique policies on parent religious opt out and parent refusal for their child to participate in statewide assessment.  PDE also presented the measures it has in place to address compliance with the 95 percent participation rate, in accordance with the Consolidated State Plan and State Performance Plan (SPP). 

2. Tiered System of Oversight and Monitoring: Pennsylvania continues to implement a three-tiered system of oversight and monitoring to address 1.0 percent threshold compliance with LEAs across the state. 

For the 2023-24 school year, Pennsylvania adjusted and streamlined its tiered system of oversight and monitoring to increase direct technical assistance from state personnel to LEAs. LEAs received a customized email communication from the BSE that included their 2023 testing data and their identified tier. The Bureau then required LEAs to submit responses to the questions that pertained to their identified tier. The summary of the tiered system of oversight and monitoring can be accessed at ESSA 1.0 Percent Threshold Justification Requirements (PDF).

The 2023-24 Oversight and Monitoring for LEAs form (PDF) includes the information that LEAs are required to submit based upon their identified tier level. The updates to the tier questions require the LEA to analyze their anticipated participation data and provide detailed justification on actions they will take to come into compliance. These additional questions increase PDE’s monitoring by requiring LEAs to submit more information than prior years including increasing data analysis responses. This data requires analysis of 1 compliance data and 95 percent participation data along with red flag disability categories and student score reports.

One of the questions tiers 1, 2, and 3 LEAs are required to answer on the survey is a projection of whether the LEA anticipates their AA-AAAS numbers to increase, decrease, or stay the same for the upcoming testing cycle when compared to the previous year’s data.  Table 4 below shows a summary of LEA responses to this particular question.

Table 4

In review of the LEAs that  indicated they projected numbers to increase, they most often gave the justification that the total number of students with disabilities and students with the most significant cognitive disabilities is increasing within their LEA.  

3. Additional Training:  BSE provided virtual and on-site training this year to LEAs across the state.

• The 2023-24 PASA Getting Ready: What Special Education Administrators Need to Know About PASA DLM Participation and 1% Compliance was a required webinar for LEAs in PA.  This asynchronous virtual training provides administrators with guidance on understanding the state PASA eligibility criteria and how the IEP must use data to support their decision to qualify a student for the AA-AAAS.   A total of 931 participants completed this online training in 2023-24.
• An additional training was developed in 2023-24 for Tier 3 LEAs entitled 1% Compliance: Using Data and PASA Eligibility Criteria in IEP Team Decision-Making (PowerPoint).  BSE provided guidance to LEAs in this training on how review an IEP file to ensure appropriate data is being documented to support PASA eligibility decisions.  Student scenarios were also used to help administrators understand how to review specific data with their IEP teams when making an AA-AAAS decision. Over 200 special education administrators participated in this training in an in-person or live virtual meeting format.  BSE conducted additional IEP file reviews for Tier 3 LEAs who were not showing a decrease in enrollment after the training.  The 11 LEAs who participated in this intensive training moved a total of 176 students from the AA-AAAS to the general assessment this year.
• BSE regional advisers were also provided 1 percent compliance training throughout the 2023-24 school year.  The plan moving into the 2024-25 school year will include additional file reviews conducted by BSE regional advisers as part of LEA special education monitoring.  They will be looking for documentation in the IEP specific to PASA eligibility decisions, and working with the LEA if additional data is needed.
• A comprehensive training series supported by PDE’s Bureau of Special Education, the Pennsylvania Training and Technical Assistance Network, Dynamic Learning Maps (DLM) and Intermediate Units entitled, “Building Capacity and Promoting Instruction through DLM” was initiated in the 2023-24 school year. This train the trainer initiative will span two years and provide training on how to deliver standards aligned instruction to students with significant cognitive disabilities who qualify for the AA-AAAS.  This training focus is on high expectations to support meaningful inclusion and making meaningful connections between instruction and post-secondary outcomes for students with the most significant cognitive disabilities.

Part IV: Planned Action for 2024-25

As outlined above, Pennsylvania continues to implement a robust plan to address state assessment participation compliance.  Additional measures planned for 2024-25 include:

1. PDE analyzed the vast amount of training provided over the last several years to find the training is typically aimed at Special Education Administrators.  While training will continue to be provided to this group, Pennsylvania will expand the audience this year to focus on direct training delivered by the BSE to building administrators and teachers as well. Additional family engagement and outreach to share the purpose and importance of statewide assessment participation will also be implemented.
   • PDE is working with the National Center on Educational Outcomes (NCEO) to implement an in-person training in September of 2024.  NCEO will present at two locations in PA to approximately 40 participants each day.  The training will target LEAs in the state with the highest AA-AAAS participation rates.  Each required LEA will send two participants, a building administrator and a district assessment coordinator.  The participants will be required to analyze data specific to their school/district and create an action plan to implement in the upcoming school year to address their specific state assessment participation rates. 
   • A new training module on PASA eligibility entitled, ‘Who Are the Students that Qualify for the PASA DLM’ is being added to the PASA DLM required test administrator training.  This will ensure every teacher who plans to administer the test is trained on how to better understand the state eligibility criteria and the characteristics of a student with the most significant cognitive disability before students are enrolled this year. An abbreviated version of the PASA Eligibility training will also be housed on the BSE and PaTTAN sites as a short stand-alone training for all stakeholders.
2. PDE/BSE will implement additional oversight and monitoring measures to address state assessment compliance.
   • BSE advisers will conduct additional file reviews to look specifically at the data IEP teams are documenting in the IEP to support PASA eligibility decisions.  If a student file does not show the appropriate data to support the decision, the BSE adviser will direct the IEP team to reconvene and reconsider the decision based upon the state eligibility criteria as well as refer the LEA to the PDE Assessment office to determine if they meet the criteria for being placed in a reimbursement status for Title 1 funds pursuant to direction given by USDE during the monitoring call.
   • Additionally, the criteria used to identify Tier 2 LEAs will be broadened in the 2024-25 school year.  Historically, LEAs were identified as Tier 2 if they tested 2% or more of students in the most current testing year.  2023-24 testing data will be used to identify any LEA who tests over 1% of students as a Tier 2 LEA.  These LEAs are required to submit additional justification to BSE and are subject to additional oversight and monitoring measures.
3. PDE will take additional steps to address 95 percent participation goals for all students and students with disabilities.
   • PDE is implementing new strategies to increase participation rates, particularly for students with disabilities. Starting in the 2024-25 school year, the Accommodations Guidelines for the general state assessment are being updated to include additional accommodations for students with unique needs.  Additionally, PDE is ensuring student attempts at the assessment are included in participation calculations for accountability reporting.
   • PA Governor Josh Shapiro announced a three-part plan to reduce the amount of time students spend taking standardized tests, and help mitigate stress and anxiety around testing by adopting question types that match how students learn, and help teachers spend more time teaching.
   • Pennsylvania will implement a tiered system of monitoring and sanctions relative to federal Title I-A funds to engage LEAs with persistently low participation rates. PDE will review the all-student and student with IEP group participation rates beginning with the 2023-24 data, and continuing each year thereafter using the same or similar data sets, will institute the following:
     • LEAs with an all-student participation rate less than 70 percent will receive payment of certain federal funds – specifically Title I-A and Title I-A School Improvement  - on a reimbursement basis. Before any Title I-A or Title I-A School Improvement funds are released to the LEA, the LEA must provide the Department documentation necessary to support all appropriate expenditures as set forth in the relevant Grant Agreements.
     • LEAs with an all-student participation rate greater than 70 percent but less than 95 percent will be considered for an elevated status of the established risk-based assessment and/or Title monitoring systems. These LEAs will be notified of the elevated status in writing and offered technical assistance when appropriate.
     • All LEAs with an all-student participation rate less than 95 percent will be required to file an improvement plan with the Department in accordance with Pennsylvania’s ESSA State Consolidated Plan. LEAs under 95 percent for multiple consecutive years will be subject to additional local action planning steps.
     • In accordance with state trends, Pennsylvania will evaluate the 70 percent bi-annually to ensure the Title sanctions are applied to the most chronically low participating LEAs.

In conclusion, PDE’s mission to address state assessment participation goals continues to be two-fold: 1) to ensure all students and students with disabilities are participating in state assessments, and 2) to ensure students are taking the ‘right’ test as evidenced by data driven IEP team decisions. A robust oversight and monitoring process continues to be in place, with additional emphasis on training building administrators and teachers this year.  PDE will continue to work collaboratively with USDE and its Office of Special Education Programs to come into compliance with state assessment participation requirements.