Pennsylvania 1.0 Percent Requirement Compliance Plan Update - November 2023
In accordance with Title I of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by Every Student Succeeds Act (ESSA), related to participation in an alternate assessment aligned with alternate academic achievement standards (AA-AAAS), the Pennsylvania Department of Education (PDE) submits this update to its current 1.0 Percent Requirement Compliance Plan.
Part I: Historical Context
PDE submitted a 1.0 Percent Compliance Plan to the United States Department of Education (USDE) in August 2019 in response to the June 2019 letter from USDE. USDE responded with a letter in February of 2020. The letter outlined the state's requirement to submit 2020 testing data to EDFacts showing improvement or the state would be subject to additional consequences as outlined in the letter. In March 2020, all statewide assessments were cancelled due to the COVID-19 pandemic. Therefore, PDE was not able to submit 2020 testing data. However, PDE did submit an update to its 1.0 Percent Compliance Plan to USDE in August 2020, which outlined the work that continued in Pennsylvania to address the 1.0 percent threshold requirement even during the pandemic.
Since that time, PDE has submitted two additional updates to its 1.0 Percent Compliance Plan to USDE in December 2021 and in February 2023. The original plan and all updates outline the state's continued efforts to address compliance with the 1.0 percent threshold federal requirement. In doing so, the state recognizes the need to add additional focus on the federal requirement for at least 95 percent of all students and the students with disabilities (SWD) subgroup to participate in statewide assessments. The most recent plan updates include substantial focus with local education agencies (LEAs) across Pennsylvania to come into compliance with the 95 percent participation requirement for all students and SWD, as the state recognizes it cannot apply for a waiver for the 1% threshold requirement until the 95 percent participation requirement for SWD is met.
Part II: Pennsylvania Participation Data
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. While the overall PASA participation rate looks stagnant, the overall student participation and SWD participation rates have increased since the pandemic; however, they have not recovered to pre-pandemic rates.
Table 1: State Participation in PASA by Content Area
AA-AAAS % Reading
| 2.01%
| N/A
| 2.3%
| 2.0%
| 2.0%
|
AA-AAAS % Math
| 2.02%
| N/A
| 2.0%
| 2.1%
| 2.1%
|
AA-AAAS % Science
| 2.00%
| N/A
| 2.2%
| 2.2%
| 2.0%
|
Total Participation (All Students) -Reading | 96.85%
| N/A
| 70.46%
| 92.3%
| 93.7%
|
| Total Participation (All Students) - Math | 96.93% | N/A | 73.66% | 92.8% | 94% |
Total Participation (All Students) - Science
| 96.00% | N/A | 71.95% | 90.4% | 93% |
Total Participation *(SWD) - Reading
| 93.72% | N/A | 66.69% | 88.5% | 90.4% |
| Total Participation (SWD) – Math | 93.65% | N/A | 68.29% | 88.3% | 90.2% |
| Total Participation (SWD) - Science | 92.95% | N/A | 65.81% | 85.9% | 88.6% |
*(SWD) – students with disabilities
As outlined in PDE's initial compliance plan and updates, a heavy focus has been placed on training the field on the state's AA-AAAS 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 2023 as demonstrated in Table 2.
Table 2: Percentage of Students Tested, by Disability Category
| Specific Learning Disability | 8.8% | NA | 3.9% | 3.1% | 2.3% |
| Emotional Disturbance | 1.8% | NA | 0.9% | 0.9% | 0.7% |
| Speech and Language (as a primary disability) | 0.7% | NA | 0.3% | 0.2% | 0.2% |
Part III: Summary of Actions to Address 1.0 Percent Compliance
Below is a summary of actions implemented by PDE during the 2022-23 school year and the planned updated actions to occur 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 COVID-19 pandemic, Pennsylvania met this requirement in the “all" student subgroup but not in the SWD subgroup. While participation rates are still not meeting the target for the SWD subgroup, both the “all" student and SWD subgroup made improvements in all tested subjects.
- The current Pennsylvania Consolidated State Plan stipulates schools with participation rates below 95 percent are required to develop and implement state approved compliance plans. On January 5, 2023, PDE issued a letter to all LEAs that failed to meet the 95 percent participation requirement in the 2022 testing cycle. These LEAs were required to submit a plan of action to PDE by January 31, 2023, outlining the steps they will take to come into compliance with the 95 percent participation requirement.
- A total of 465 LEAs submitted plans to PDE in 2023. In analyzing the information submitted, additional efforts to support schools in overcoming barriers to administering state assessments will be enforced while reiterating the importance of participation in state assessment.
- PDE will continue to strengthen efforts to assist all schools, especially those that are instructing students in fully virtual environments to improve participation rates. The National Center on Educational Outcomes (NCEO) developed two new tools in 2023 to assist states and schools in developing an action plan to address the 95 percent participation rate. Developing an Assessment Participation Action Plan: A Tool for District Leaders (NCEO Tool #14) (umn.edu) is a highlighted resource in PDE's 2023-24 training materials for LEAs.
- PDE is also examining strategies to increase participation rates, particularly for students with disabilities. The state is increasing allowable accommodations to ensure students who may transition from the alternate assessment to the general assessment will have the most appropriate accommodation options to meet their individualized needs.
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.
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For the 2023-24 school year, Pennsylvania adjusted and streamlined its current tiered system of oversight and monitoring to increase direct technical assistance from state personnel to LEAs. LEAs received a customized email communication from the PDE Bureau of Special Education that included their 2023 testing data and their identified tier. The Bureau then required LEAs to submit responses to the questions that pertain 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 (pa.gov).
The 2023-24 Oversight and Monitoring for LEAs form.pdf (pa.gov) includes the updated information that LEAs are required to submit based upon their identified tier level. The updates to the tier questions this year 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.
The Bureau of Special Education will increase monitoring of LEAs across the state to ensure compliance with the 1 percent threshold in 2023-24. The Bureau will conduct IEP file reviews to ensure IEP teams are following the state identified PASA eligibility criteria and documenting this appropriately in the IEP. LEAs that are not following the criteria will be placed in corrective action and provided with technical assistance.
3.) Additional Focus on PASA Eligibility Criteria: Pennsylvania has six specific review criteria IEP team use to determine if a student is eligible for the PASA. IEP teams must use the PASA Eligibility Criteria: Decision Making Companion Tool and answer 'yes' to all six criteria for a student to qualify for the PASA. While the state criteria have not changed, PDE is placing an increased focus on criteria #2, which is used to define a student with the most significant cognitive disability.
This year, all PASA Assessment Coordinators/Special Education administrators were required to review the 2023-24 PASA Getting Ready: What Special Education Administrators Need to Know About PASA DLM Participation and 1% Compliance Requirements training. Slides 4-14 of the training provide clear examples of what characteristics an IEP team should be able to identify for a student with the most significant cognitive disability. For example, the state is highlighting the consideration of an intelligence quotient of at least 2.5 to 3 or more standard deviations below the mean as part of the definition of a student with the most significant cognitive disability.
Part IV: Next Steps
Below are the actions Pennsylvania noted in its last plan submission in February 2023 and the updated actions that are being taken for each:
The three-tiered system of oversight and monitoring will continue in Pennsylvania with adjustments made annually where applicable. PDE reviews and analyzes state assessment participation data annually and determines adjustments based upon data trends and how to best capture LEAs with the greatest need in the state's required oversight and monitoring process
| The three-tiered system of oversight and monitoring was updated for the 2023-24 school year to include:
- Notifying and providing LEAs of their tier status and required actions to occur earlier in the school year;
- An increased data analysis requirement to submit justification information to the state; and.
- Increased monitoring and technical assistance to LEAs based upon their tier submissions and data.
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PDE is planning to streamline its 1.0 percent justification process further by providing data directly to schools. The current system requires the LEA to review their anticipated AA-AAAS participation rate for the upcoming testing cycle and provide justification if they plan to exceed the 1.0 percent. Data analysis of the justification submissions show that some LEAs are not interpreting and reporting their data accurately. Therefore, PDE is investigating how the most current testing cycle data can be provided directly to the school, requiring them to submit justification if they exceeded the threshold in that year.
| PDE is providing 2023 preliminary testing data to special education administrators as part of the updates to this year's tiered system of oversight and monitoring, as noted above. Each special education administrator received a customized email in September that included their 2023 1% participation rate as well as their 95 percent participation rate for SWD. Providing LEAs with their current data earlier in the year allows them to plan in advance and reconvene IEP teams where necessary to reexamine the alternate assessment eligibility criteria for students before enrolling students for the 2024 testing cycle. |
As noted in this update, LEAs that did not meet the 95 percent participation requirement were required to submit a plan of action to PDE, which will analyze those submissions and follow up accordingly.
| PDE received 95 percent participation plans from 465 LEAs in 2023. In analyzing the information submitted, monitoring and technical assistance will be provided to support schools in overcoming barriers to administering state assessments will be enforced while reiterating the importance of participation in state assessment.
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PDE will continue to analyze student score data on the AA-AAAS. Performance level labels in the AA-AAAS include Emerging, Approaching the Target, At Target and Advanced. As the focus in training shifts to interpretation and decision-making using PASA Dynamic Learning Maps score reports, IEP teams may use this information when considering the state's six eligibility criteria for participation in the AA-AAAS or the general assessments.
| PDE added a question to the tier 2 required survey responses that asks the LEA to review student scores and determine if any students scoring in the upper levels may need to have the IEP team review the PASA eligibility decision. While scoring in the upper ranges on the alternate assessment does not directly preclude a student from qualifying, it is a factor that may be considered.
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Continued training and technical assistance will be provided annually to ensure students with disabilities have access to an equitable curriculum and assessment system that prepares them for future success. The emphasis will continue to focus on students participating in state assessment and ensuring they are taking the "right" test according to the state's AA-AAAS eligibility criteria and guidelines.
| 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" is being delivered to all LEAs statewide starting in the Fall of 2023. 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. Focus will be on high expectations to support meaningful connections between instruction and post-secondary outcomes.
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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 noted above, Pennsylvania is putting additional measures in place to improve participation in statewide assessment overall. The state is also increasing the focus on the eligibility criteria IEP teams must utilize when making AA-AAAS decisions, with clear examples of what characteristics an IEP team should be able to identify for a student with the most significant cognitive disability. For example, the state is highlighting the consideration of an intelligence quotient of at least 2.5 to 3 or more standard deviations below the mean as part of the definition of a student with the most significant cognitive disability. This increased emphasis on the state's alternate assessment eligibility criteria with clear examples increased monitoring of LEAs will foster the goal to ensure only those students with the most significant cognitive disabilities who meet the state's six criteria are taking the alternate assessment, affording Pennsylvania the opportunity to come into compliance with the 1 percent threshold.