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MSDE workgroup reviews alternate‑assessment rules after Maryland exceeds 1% threshold; parents, teachers urge clearer guidance and more classroom supports
Summary
Maryland education officials and advocates met to address why more students than federal guidance allow are taking alternate assessments, discussed disproportionate impacts and restrictive placements, and recommended state action including stronger MTSS fidelity, communication supports, delayed eligibility, and monitoring tied to a waiver action plan submitted Dec. 3.
Maryland education officials and advocates met in a public MSDE workgroup session to review state data and policy on alternate academic achievement standards for students with the most significant cognitive disabilities, after Maryland exceeded the federal 1% participation threshold and submitted a waiver request on Dec. 3.
Dr. Debbie Taub of the TIES Center, who joined MSDE’s panel, said federal guidance attached to Every Student Succeeds Act rules a strict condition: "one of the biggest conditions attached is that the total number of students for each state does not exceed 1%." She told the group Maryland’s 2023–24 data show participation of 1.08% in reading and language arts, 1.08% in math, and 1.02% in science and that the state submitted a waiver with a paired action plan.
Why it matters: Participation in an alternate assessment can carry long‑term consequences for students’ graduation paths and services. Taub emphasized that COMAR requires parental consent for both instruction aligned to alternate standards and for the alternate assessment itself, and that IEP teams should not finalize decisions about a diploma versus a certificate until after a student’s senior year. She also stressed that eligibility decisions must be based on broad evidence, including cognitive and adaptive evaluations and family input.
Panelists and breakout groups identified three recurring drivers behind elevated participation rates: early and sometimes premature identification of students for alternate assessments, insufficient access to Tier 1 core instruction and MTSS fidelity, and lack of communication/assistive technology supports that would allow students to demonstrate learning in general‑education settings. One presenter warned that "if you make this decision at a young age ... these students almost always get put into separate classrooms," a pattern attendees linked with poorer long‑term outcomes.
Teachers and advocates in breakout sessions urged MSDE to prioritize practical, statewide supports. Betsy Perry, a 30‑year special education teacher in Montgomery County, said many general education teachers "the minute a student is not performing at grade level, they just wanna jump directly to more intensive supports" and called for clearer state messaging and MTSS fidelity. Leslie (last name not specified on the record) and others recommended a policy that would prevent placing a child on the alternate assessment path if the child does not yet have an accessible, reliable communication system in place.
Equity concerns featured in the data: presenters noted significant disproportionality in alternate‑assessment participation for Black and African American students. Taub described waiver action items focused on disproportionality that include targeted data analysis, desk audits, stakeholder engagement, and technical assistance for LEAs with persistent disparities.
Suggested state actions and next steps from the discussion included: stronger statewide training and refresher professional development for general and special educators and principals; explicit guidance and monitoring to ensure students receive Tier 1 instruction before being considered for alternate standards; statewide access to augmentative and alternative communication and assistive technology; classroom coaching to build inclusive practice; consistent data reviews across general and special education teams; and clearer family engagement so parents understand diploma implications.
MSDE leadership framed the meeting as a step toward narrowing the gap between regulatory intent and practice and said the work group will propose consolidated recommendations ahead of an addendum due May 30. The group also scheduled a next meeting for Jan. 29 to focus on behavior and discipline and indicated staff will continue to convene executive and working groups to refine proposals.
What remains unresolved: the transcript records recommendations and MSDE’s commitment to follow‑up work, but it does not record any new binding regulations or final decisions beyond the waiver submission and planned next steps. MSDE’s action plan and subsequent monitoring will determine whether the recommended changes — from enhanced MTSS fidelity to communication requirements and coaching models — are implemented and reduce disproportionate rates of alternate assessment participation.
