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Deadline: December 16th, 2019
Dec 05, 2019

Notice of Public Comment Period

Pursuant to 34 C.F.R. §200.6(c)(4), the Virginia Department of Education (VDOE) will seek a waiver for the 2019-2020 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 VDOE 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. Any individual or organization may submit written comments on the proposed waiver pursuant to 34 C.F.R. §200.6(c)(4).


  • Proposed: Virginia’s request for a waiver from the one percent of students participating in the Alternate Assessments aligned with Alternate Academic Achievement Standards (AA-AAAS) (attached PDF)

December 16, 2019, is the deadline to submit written comment regarding the proposed waiver via email at, mail or fax to:

Jeff Phenicie, Director of the Office of Special Education Program Improvement

Virginia Department of Education
P.O. Box 2120
Richmond, VA 23218-2120
FAX: (804) 371-8796

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