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Resubmission of the 2025-26 1% Alternate Assessment Participation Rate Waiver Extension Request
2025-26 Denial Letter for Resubmission of the Waiver Extension Request
2025-26 Waiver Extension Request
2025-26 Denial Letter for Waiver Extension Request
2024-25 Waiver Extension Request
2024-25 Approval Letter for Waiver Extension Request
2023-24 Waiver Request and Approval Letter
The Individuals with Disabilities Education Act (IDEA) requires that children with disabilities participate in all general state- and district-level assessments. The exception is students with most significant cognitive disabilities (MSCD) who cannot participate in general assessments, as indicated in their Individualized Education Programs (IEPs) (20 U.S.C. §1412(a)(16)(C)). The implementing regulations of IDEA, 34 C.F.R. § 300.160(c)(1), requires the PED to issue guidelines for determining MSCD students for participation in New Mexico’s alternate assessments, Dynamic Learning Maps (DLM).
In 2017, the United States Department of Education (USED) limited the total number of students who may be assessed using the statewide Alternate Assessment to only 1% of the total number of students assessed statewide in each of these same subject areas (ESEA section 1111(b)(2)(D)(i)(I)). In response to that requirement, the PED has developed the NMPED 2026-27 AREA Monitoring and Support System to provide detailed information regarding the monitoring process.
Starting in 2017, federal law limited the total number of students with the most significant cognitive disabilities who are assessed statewide with a reading/English language arts, mathematics, or science Alternate Assessment (DLM) to 1% of the total number of students in the state who are assessed statewide in each of these same subject areas (ESEA section 1111(b)(2)(D)(i)(I)). This 1% threshold raises the importance of ensuring that appropriate students participate in the Alternate Assessment (DLM), in part because of the additional requirements placed on states and districts when a state exceeds the threshold.
New Mexico has exceeded the 1% threshold and will be seeking a waiver from the U.S. Department of Education for one year from the requirement to not exceed 1% participation in the Alternate Assessment (DLM). In order to submit a waiver, NMPED must provide assurances, one of which that NMPED has verified that each LEA that the state anticipates will assess more than 1% of its assessed students in any subject using an Alternate Assessment (DLM) has followed the State’s guidelines for participation. (34 CFR §200.6(c)(4)).
New Mexico has exceeded the 1% threshold yearly for the last three years. Therefore, NMPED Assessment Division has developed:
The cornerstone of the PED’s multifaceted approach is a system of support, intervention, and monitoring designed to improve application of state guidelines for participation in the Alternate Assessment for students with the Most Significant Cognitive Disabilities.
| Phase 1 | Phase 2 | Phase 3 |
|---|---|---|
| Alternate Assessment participation rate predicted to be <1% of students (Language Arts, Math, and Science) | Alternate Assessment participation rate predicted to be between 1% and 2% of students (Language Arts, Math, and/or Science) | Alternate Assessment participation rate predicted to be >2% of students (Language Arts, Math, and/or Science) |
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All District Test Coordinators (DTCs) and Test Administrators (TAs) successfully complete the annual required Alternate Assessment (DLM) training in the Kite Educator Portal. |
Complete all Phase 1 and Phase 2 requirements. |
Complete all Phase 1, Phase 2, and Phase 3 requirements. |
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Complete the First Contact Survey by November 15 of each new school year. The PED will review this data. |
LEAs identify Special Education Department staff to complete the annual required Alternate Assessment (DLM) training in the Kite Educator Portal. DTCs will roster staff in the portal. |
Prepare for onsite compliance monitoring visits which include a review of the OSE IEP Addendum for Alternate Assessment, and respond to recommended steps or corrective action (if necessary). |
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DTCs prepare to be randomly sampled for virtual audits conducted by the PED. During these audits, DTCs will present evidence of the LEA’s and site’s systems used to verify student participation in alternate assessments, including the completion of the OSE IEP Addendum for Alternate Assessment. |
Every other year, LEAs, DTCs, and Special Education Leaders will present their practices, systems, and next steps during a virtual meeting with the PED. The 1% Alternate Assessment Participation Monitoring Form will be used to guide the conversation. |
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Complete and submit the 1% Justification Survey, including District Assurances, to the PED. |
New Mexico’s Alternate Assessment Monitoring and Support System includes: