1% Toolkit: Developing a 1% Cap Waiver or Waiver Extension Request (NCEO Tool #1)


The Every Student Succeeds Act allows for states to request a waiver from the 1% cap on alternate assessment participation requirements. Waiver request requirements are described in this Tool (the first of several 1% tools NCEO is developing), along with examples of how states responded to each requirement. The Tool also includes a section on Additional Considerations (reporting on stakeholder involvement; addressing approaches to take when the 95% participation requirement for requesting a waiver is not met). This Tool was developed through a collaborative process with the 44 states participating in the 1% Cap Community of Practice (CoP) during its bi-weekly webinar calls in 2018. Although the CoP was formed at the request of states to be for private state conversations, it was with mutual agreement that this Tool should be shared publicly.


September 2019 
Tool or Toolkit 
Number 1
Michael L Moore moore031@umn.edu or +1 612-626-0546
National Center on Educational Outcomes (NCEO)


  • Educational accountability and assessment
    • Assessment Participation
    • Students with Disabilities
    • Alternate Assessments