HAWAII DEPARTMENT OF EDUCATION
PUBLIC NOTICE AND COMMENT PERIOD
WAIVER REQUEST PURSUANT TO 34 C.F.R. §200.6(c)(4)
NOVEMBER20, 2017
Pursuant to 34 C.F.R. §200.6(c)(4), the Hawaii Department of Education (“HIDOE”) will seek a waiver for the 2017-2018 school year from the Secretary for the United States Department of Education. The regulation in question, found at 34 C.F.R. 200.6(c)(2), requires State Education Agencies such as the HIDOE to limit the total number of students assessed in a subject area using an alternate assessment. The limit on the percentage of students assessed by the alternate assessment is set by the federal regulation, stating there shall be no more than one (1) percent of the total number of students taking the alternate assessment assessed in each subject area.
Specifically, 34 C.F.R. 200.6(c)(2) provides:
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.
NOTICE OF PUBLIC COMMENT PERIOD: Any individual or organization may submit written comments on the proposed waiver pursuant to 34 C.F.R. §200.6(c)(4). Written comments shall be accepted through December 20, 2017.
You may send written comments on the proposed waiver to: Susan Forbes, Assessment Section, Hawaii Department of Education, 641 18th Avenue, Room V102,Honolulu, HI 96816. Ms. Forbes may be reached by telephone at 808-733-4100, by fax at 808-733-4483 or through email at .
The requirements for a State Education Agency to seek a waiver are set forth at 34 C.F.R §200.6(c)(4) and reproduced below. The HIDOE is requesting a waiver in response to the requirements set forth at 34 C.F.R. §200.6(c)(4) because its most recent data on the percentage of students taking Hawaii’s alternate assessments in ELA/Literacy and Mathematics stands at 1.06. The waiver requirements are in bold lettering 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;
The HIDOE will submit a waiver request to the U.S. Department of Education 90 days prior to the start of Hawaii’s first testing window for its alternate assessment. The subject areas are: English Language Arts/Litercy, Mathematicsand Science. The start date for each subject will be February 20, 2018.
(ii) Provide State-level data, from the current or previous school year, to show—
(A) The number and percentage of students in each subgroup of students defined in section 1111(c)(2)(A), (B), and (D) of the Act who took the alternate assessment aligned with alternate academic achievement standards;
Tables 1-4 show the number and percentage of students who took the 2017 Hawaii State Alternate Assessment (HSA-Alt).
Table 1. 2017 Participation and Participation Rate
Grade / Number of Alt Students Participated / Number of Alt Students met the participation criteria / Rate (%)3 / 158 / 197 / 80
4 / 170 / 206 / 83
5 / 122 / 146 / 84
6 / 159 / 186 / 85
7 / 158 / 175 / 90
8 / 147 / 174 / 84
11 / 103 / 121 / 85
Total / 1017 / 1205 / 84
Subject / Number of Alt Students Participated / Number of Students in Hawai‘i / Rate (%)
ELA / 1006 / 95305 / 1.06
Mathematics / 1010 / 95423 / 1.06
Science / 394 / 39872 / 0.99
Table 2. 2017 Participation by Subgroup for ELA
ELA / Grade 3 / Grade 4 / Grade 5 / Grade 6 / Grade 7 / Grade 8 / Grade 11All / # eligible / 197 / 206 / 146 / 186 / 175 / 174 / 121
# tested / 158 / 167 / 121 / 157 / 157 / 143 / 103
% tested / 80.20% / 81.07% / 82.88% / 84.41% / 89.71% / 82.18% / 85.12%
Female / # eligible / 68 / 68 / 49 / 61 / 51 / 63 / 38
# tested / 54 / 60 / 36 / 51 / 46 / 53 / 32
% tested / 79.41% / 88.24% / 73.47% / 83.61% / 90.20% / 84.13% / 84.21%
Male / # eligible / 129 / 138 / 97 / 125 / 124 / 111 / 83
# tested / 104 / 107 / 85 / 106 / 111 / 90 / 71
% tested / 80.62% / 77.54% / 87.63% / 84.80% / 89.52% / 81.08% / 85.54%
Economically Disadvantaged / # eligible / 111 / 122 / 94 / 104 / 100 / 96 / 72
# tested / 88 / 101 / 76 / 84 / 87 / 72 / 61
% tested / 79.28% / 82.79% / 80.85% / 80.77% / 87.00% / 75.00% / 84.72%
Migrant / # eligible / 4 / 4 / 4 / 1 / 2 / 3 / 1
# tested / 4 / 4 / 3 / 2 / 2 / 1
% tested / 1 / 1 / 0.75 / 1 / 0.666666667 / 1
African American / # eligible / 4 / 4 / 1 / 4 / 6 / 5 / 1
# tested / 3 / 2 / 1 / 2 / 4 / 5 / 1
% tested / 75.00% / 50.00% / 100.00% / 50.00% / 66.67% / 100.00% / 100.00%
Asian / # eligible / 37 / 48 / 39 / 49 / 48 / 54 / 38
# tested / 32 / 42 / 36 / 45 / 43 / 48 / 32
% tested / 86.49% / 87.50% / 92.31% / 91.84% / 89.58% / 88.89% / 84.21%
Native Hawaiian/ Pacific Islander / # eligible / 53 / 73 / 63 / 60 / 74 / 59 / 52
# tested / 42 / 59 / 51 / 49 / 70 / 46 / 45
% tested / 79.25% / 80.82% / 80.95% / 81.67% / 94.59% / 77.97% / 86.54%
Hispanic/Latino / # eligible / 42 / 35 / 17 / 28 / 15 / 18 / 8
# tested / 32 / 29 / 13 / 21 / 12 / 15 / 8
% tested / 76.19% / 82.86% / 76.47% / 75.00% / 80.00% / 83.33% / 100.00%
American Indian or Alaska Native / # eligible / 1 / 2 / 1 / 1 / 1
# tested / 1 / 1 / 1 / 1
% tested / 100.00% / 50.00% / 100.00% / 100.00%
White / # eligible / 16 / 24 / 14 / 33 / 20 / 24 / 11
# tested / 12 / 16 / 10 / 29 / 18 / 17 / 9
% tested / 75.00% / 66.67% / 71.43% / 87.88% / 90.00% / 70.83% / 81.82%
Multiple / # eligible / 45 / 21 / 10 / 11 / 11 / 14 / 10
# tested / 37 / 18 / 9 / 10 / 10 / 12 / 7
% tested / 82.22% / 85.71% / 90.00% / 90.91% / 90.91% / 85.71% / 70.00%
Table 3. 2017 Participation by Subgroup for Mathematics
Mathematics / Grade 3 / Grade 4 / Grade 5 / Grade 6 / Grade 7 / Grade 8 / Grade 11All / # eligible / 197 / 206 / 146 / 186 / 175 / 174 / 121
# tested / 158 / 169 / 122 / 159 / 156 / 144 / 102
% tested / 80.20% / 82.04% / 83.56% / 85.48% / 89.14% / 82.76% / 84.30%
Female / # eligible / 68 / 68 / 49 / 61 / 51 / 63 / 38
# tested / 54 / 60 / 37 / 52 / 46 / 52 / 32
% tested / 79.41% / 88.24% / 75.51% / 85.25% / 90.20% / 82.54% / 84.21%
Male / # eligible / 129 / 138 / 97 / 125 / 124 / 111 / 83
# tested / 104 / 109 / 85 / 107 / 110 / 92 / 70
% tested / 80.62% / 78.99% / 87.63% / 85.60% / 88.71% / 82.88% / 84.34%
Economically Disadvantaged / # eligible / 111 / 122 / 94 / 104 / 100 / 96 / 72
# tested / 88 / 102 / 77 / 86 / 87 / 74 / 62
% tested / 79.28% / 83.61% / 81.91% / 82.69% / 87.00% / 77.08% / 86.11%
Migrant / # eligible / 4 / 4 / 4 / 1 / 2 / 3 / 1
# tested / 4 / 4 / 3 / 2 / 2 / 1
% tested / 1 / 1 / 0.75 / 1 / 0.666667 / 1
African American / # eligible / 4 / 4 / 1 / 4 / 6 / 5 / 1
# tested / 3 / 2 / 1 / 2 / 4 / 5 / 1
% tested / 75.00% / 50.00% / 100.00% / 50.00% / 66.67% / 100.00% / 100.00%
Asian / # eligible / 37 / 48 / 39 / 49 / 48 / 54 / 38
# tested / 32 / 43 / 36 / 45 / 43 / 50 / 32
% tested / 86.49% / 89.58% / 92.31% / 91.84% / 89.58% / 92.59% / 84.21%
Native Hawaiian/ Pacific Islander / # eligible / 53 / 73 / 63 / 60 / 74 / 59 / 52
# tested / 42 / 59 / 52 / 49 / 71 / 45 / 45
% tested / 79.25% / 80.82% / 82.54% / 81.67% / 95.95% / 76.27% / 86.54%
Hispanic/Latino / # eligible / 42 / 35 / 17 / 28 / 15 / 18 / 8
# tested / 32 / 29 / 13 / 21 / 11 / 15 / 7
% tested / 76.19% / 82.86% / 76.47% / 75.00% / 73.33% / 83.33% / 87.50%
American Indian or Alaska Native / # eligible / 1 / 2 / 1 / 1 / 1
# tested / 1 / 1 / 1 / 1
% tested / 100.00% / 50.00% / 100.00% / 100.00%
White / # eligible / 16 / 24 / 14 / 33 / 20 / 24 / 11
# tested / 12 / 16 / 10 / 30 / 17 / 17 / 9
% tested / 75.00% / 66.67% / 71.43% / 90.91% / 85.00% / 70.83% / 81.82%
Multiple / # eligible / 45 / 21 / 10 / 11 / 11 / 14 / 10
# tested / 37 / 19 / 9 / 11 / 10 / 12 / 7
% tested / 82.22% / 90.48% / 90.00% / 100.00% / 90.91% / 85.71% / 70.00%
Table 4. 2017 Participation by Subgroup for Science
Science / Grade 4 / Grade 8 / Grade 11All / # eligible / 206 / 174 / 121
# tested / 157 / 141 / 96
% tested / 76.21% / 81.03% / 79.34%
Female / # eligible / 68 / 63 / 38
# tested / 57 / 52 / 27
% tested / 83.82% / 82.54% / 71.05%
Male / # eligible / 138 / 111 / 83
# tested / 100 / 89 / 69
% tested / 72.46% / 80.18% / 83.13%
Economically Disadvantaged / # eligible / 122 / 96 / 72
# tested / 93 / 71 / 56
% tested / 76.23% / 73.96% / 77.78%
Migrant / # eligible / 4 / 3 / 1
# tested / 4 / 2 / 1
% tested / 1 / 0.666667 / 1
African American / # eligible / 4 / 5 / 1
# tested / 2 / 5 / 1
% tested / 50.00% / 100.00% / 100.00%
Asian / # eligible / 48 / 54 / 38
# tested / 39 / 48 / 30
% tested / 81.25% / 88.89% / 78.95%
Native Hawaiian/Pacific Islander / # eligible / 73 / 59 / 52
# tested / 56 / 44 / 44
% tested / 76.71% / 74.58% / 84.62%
Hispanic/Latino / # eligible / 35 / 18 / 8
# tested / 26 / 15 / 5
% tested / 74.29% / 83.33% / 62.50%
American Indian or Alaska Native / # eligible / 1 / 1
# tested / 1
% tested / 100.00%
White / # eligible / 24 / 24 / 11
# tested / 16 / 17 / 9
% tested / 66.67% / 70.83% / 81.82%
Multiple / # eligible / 21 / 14 / 10
# tested / 17 / 12 / 7
% tested / 80.95% / 85.71% / 70.00%
The HIDOE will collect2018 complex area and school participation rates in each subject of the alternate assessment. It is important for HIDOE to identify whether students taking Hawaii’s alternate assessment are students clustered in “subgroups,” such as category of disability under the Individuals with Disabilities Education Act (IDEA); racial/ethnic groups; gender; English Learners; or eligible for free or reduced price school meals. These data will help the HIDOE understand whether there are:
- Complex areas or schools in which the numbers of students participating in alternate assessments are higher than expected;
- Certain grades in which participation in the alternate assessment is higher than expected; and
- Potential disproportionality in specific subgroups and grade levels of students taking alternate assessments. The HIDOE will gather data on the characteristics of students participating in the alternate assessment to provide a standard for determining whether students are participating who do not have significant cognitive disabilities. Use of the Learner Characteristics Inventory will be used to collect information about students participating in the alternate assessment. The HIDOE expects the Learner Characteristics Inventory will be valuable in exploring the characteristics of students participating in certain complex areas and schools. Complex areas or schools with unusual patterns or higher rates than other complex areas or schools may require additional investigation to determine if there are unique reasons for higher percentages of students participating in the alternate assessment. The HIDOE will share the data collected with complex areas. This will allow complex areas to compare the percentage of their students participating in the alternate assessment with students in other complex areas in the state participating in the same assessment. After sharing the data, the HIDOE will provide training to thecomplex areas that exceed the one percent cap set forth at 34 C.F.R. §200.6©(2).
(B) The State has measured the achievement of at least 95 percent of all students and 95 percent of students in the children with disabilities subgroup under section 1111(c)(2)(C) of the Act who are enrolled in grades for which the assessment is required under § 200.5(a);
Hawaii requires all students enrolled in grades 3-8, and 11 who attend public and public charter schools be assessed with accommodations, without accommodations or with an alternate assessment. The only exception to participation for any student is for students who have a significant medical emergency, receive services in an out-of-state residential program, meet the requirements of Regulation 4140, Exceptions to Compulsory School Attendance, or are an ELL student who has moved to the country within the year (Smarter Balanced ELA/L and Hawaii State Alternate Assessment ELA/L exemption only). Hawaii follows the federal participation requirement and, to date, is less than 1% under the 95% participation rate and expects to exceeded the federal guidelines set at 95% participation for the current testing.
(iii) Include assurances from the State that it has verified each district and complex that the State anticipates will assess more than 1.0 percent of its assessed students in any subject for which assessments are administered under § 200.2(a)(1) in that school year using an alternate assessment aligned with alternate academic achievement standards—
(A) Followed each of the State's guidelines under paragraph (d) of this section, except paragraph (d)(6);
In response to exceeding the federal 1% guideline, HIDOE presented information to stakeholders, complex area, and complex area staff across the state on the four criteria used to establish alternate assessment participation.These criteria form the basis for the Hawaii state definition of “students with the most significant cognitive disabilities” who qualify for alternate assessments. The focus of the definition is on factors related to student cognitive functioning and the level of program modifications and instructional supports required for academic content access.In addition, disqualifying conditions, such as chronic absences, low performance expectations, and social, cultural, or environmental factors are included.
The first phase of the HIDOE response took place in the Spring of 2017. An online webinar was presented by the HIDOE on May 8, 2017; State criteria for alternate assessment identification, complex area data, and the federal guidelines on participation were shared.The webinar was subsequently posted online.
Phase II of the HIDOE response included a partnership between Assessment and Special Education Services Branches in providing an Accessibility and Accommodations Training throughout the state.Two hundred fifty-five complex area and school staff received specialized training on the appropriate use of accessibility features and accommodations in classroom instruction and assessment and in statewide summative testing.The Training was developed as a “Train the Trainer” workshop in which all participants were expected to return to their “home base” and subsequently provide training to teachers and colleagues. The 2016 CCSSO Accessibility Manual was adapted and shared across the State and used as a foundation for increasing educational staff awareness of processes for establishing accessibility supports for all students, including students who take the general assessment, the general assessment with accommodations, ELL assessments, the alternate assessment, or the alternate assessment for ELLs.Data on the current use of accessibility supports across the state was presented; the data was alternately disaggregated by complex area, grade level, and population sub-groups.Data sharing served as a foundation and impetus of urgency for improving the level of supports to all students, specifically, under-identified groups: high school, special education, and ELL students.The idea was that a well-coordinated system of supports might,with the proper application of supports, provide some currently identified alternate assessment access to the general education curriculum and general education summative assessment.
After the foundational training in accessibility supports was shared, specific information on the four criteria for Hawaii State Assessment - Alternate (HSA-Alt) was shared with participants.Complex area HSA-Alt participation rates were shared, discussed, and evaluated.School level case study samples were also provided and under went the same review and discussion. All training materials were posted online to assist in information sharing across the State.
Phase III of the HIDOE response included the convening of an HSA-AltStakeholder Meeting on November 18.Thirty-oneparents, community members, advocates, educators, and administrators met to discuss current and future developments in alternate population testing and specific information onthe four-part Hawaii State criteria for alternate test participation was shared.The Stakeholder group provided feedback to the HIDOE on the criteria and recommended pathways for improving future communication.
The fourth Phase of the HIDOEresponse will include additional training for care coordinators and SPED teachers across the State.This Training is tentatively slated for February-March2018 with another series of cross-island chain sessions planned.
(B) Will address any disproportionality in the percentage of students in any subgroup under section 1111(c)(2)(A), (B), or (D) of the Act taking an alternate assessment aligned with alternate academic achievement standards.
In additionto information sharing on the State HSA-Alt identification criteria, monitoring of alternate assessment population data will continue quarterly.Schools flagged for exceeding the 1% cap by more than a one-half percentage point will be contacted.Participation criteria will be shared, individual IEP files will be reviewed, and follow-up visits will be coordinated as needed. Contact may include a school-level data investigation focused on longitudinal data mining in which the following factors are examined: summative test assignment, grade level of HSA-Alt assignment, and student score history.Justification of alternate assessment assignment may be requested, as needed, from schools, complex areas, and/or complexes that exceed the one percent cap. Investigations will be augmented with continued HIDOE professional training for IEP team members and other educators in affected schools, particularly on the nature of the alternate assessment, ramifications of identification, and Hawaii State Participation Criteria.
The HIDOE will address any disproportionality in the percentage of students taking the alternate assessment by undertaking the following activities. The HIDOE will:
- monitor alternate assessment data on a quarterly basis,
- require justification from complex areas that exceed the one percent cap,
- provide training to complex areas on Participation Guidelines for student alternate assessments,
- gather complex area and school data on current and previous years’ alternate assessment participation rates in each subject area tested,
- analyze the data by subgroup, such as race/ethnicity, gender, English learner and students eligible for free or reduced price school meals, to determine whether disproportionality exists for students participating in the alternate assessment, and
- address disproportionality with complex areas and schools through professional educator training on the four-part Hawaii State Participation Guidelines.
(iv) Include a plan and timeline by which—
(A) The State will improve the implementation of its guidelines under paragraph (d) of this section, including by reviewing and, if necessary, revising its definition under paragraph (d)(1), so that the State meets the cap in paragraph (c)(2) of this section in each subject for which assessments are administered under § 200.2(a)(1) in future school years.
In August 2017, the HIDOE modified its existing four part Participation Criteria in an effort to more succinctly capture the four components of the state definition: student ability/functioning, program requirements, instructional supports, and general disqualifying factors.These criteria were then formatted to improve facility.A checklist was created, along with decision-making questions with examples, and a flowchart to assist IEP teams in proper identification of students for the HSA-Alt.
These same materials were referenced in all Phases of HIDOE response noted above.In addition, the four-part criteria can be found in: the HSA-Alt Test Administrator Manual, the HSA-Alt Test Administrator Online and Paper-and-Pencil Certification Courses, and Informational Brochures for: Complex Area Superintendents, Test Administrators, and Parents.
The clearer grouping of these factors and the development of supporting HSA-Alt identification documents that help to facilitate the process of identification, and concerted effort to share this more clearly delineated definition across Hawaii State in training and outreach to educators, professionals, and other stakeholders constitutes the state implementation effort in this regard for 2017-18.
If the State continues to exceed the 1% cap in 2018, the State definition will be re-examined.The HIDOE will convene another Stakeholder Group, similar to that held in November 2017, in Summer 2018.The primary action item for the Summer 2018 Stakeholder Group will be to re-visit the current four-part Hawaii State Guidelines for Participation.
(B) The State will take additional steps to support and provide appropriate oversight to each LEA that the State anticipates will assess more than 1.0 percent of its assessed students in a given subject in a school year using an alternate assessment aligned with alternate academic achievement standards to ensure that only students with the most significant cognitive disabilities take an alternate assessment aligned with alternate academic achievement standards. The State must describe how it will monitor and regularly evaluate each such LEA to ensure that the LEA provides sufficient training such that school staff who participate as members of an IEP team or other placement team understand and implement the guidelines established by the State under paragraph (d) of this section so that all students are appropriately assessed;
The HIDOE will provide professional learning opportunities for IEP team members and other educators. The training will be on the purpose of the alternate assessment and the characteristics of students who are eligible to participate in the alternate assessment, based on the modified 2017HSA-Alt Participation Guidelines.
All educators, including those who are not members of IEP teams, must have a solid understanding of how to make appropriate instruction and assessment decisions for all students, including students who may be candidates to participate in alternate assessment. The HIDOE will continue to provide training on the accessibility features and accommodations available for the general assessment, as those features and accommodations enable most students with disabilities to meaningfully participate in the general assessment.
Training will include:
- using the Participation Guidelines to make assessment participation decisions;
- selecting, implementing and evaluating accessibility features and accommodations for instruction and assessments;
- differentiating instruction and providing better access to academic content;
- having high expectations for all students regardless of the category of their disability; and
- understandingimplications of student participation in the alternate assessment as it applies to the attainment of a regular education diploma, as well as the student’s postsecondary and career pathway.
The HIDOE will make informational resources available to parents of students with disabilities so parents can contribute in the IEP decision making process regarding the assessment in which their child participates. Parent informational resources will include: