GAA and the 1% Rule: Your Child's High School Diploma is at Stake

Federal law is clear: The Georgia Alternate Assessment (GAA) is only meant for a very small, specific group of students. The law even sets a participation cap to prevent schools from inappropriately placing children on a track that could limit their future.

Parents need to be aware of the "1% cap" and what it means for their child's education and right to a standard high school diploma.

What is the "1% Cap"?

The Every Student Succeeds Act (ESSA) places a strict cap on the number of students who can take an alternate assessment based on alternate academic achievement standards (AA-AAAS), like Georgia's GAA.

• The Limit: No more than 1% of all students tested in a state can participate in these alternate assessments in any given subject.

• The Intent: This cap exists by design to ensure that students are not over-assigned to an assessment and educational track that limits their post-secondary options. The law assumes that most students with disabilities, with appropriate instruction and support, can achieve grade-level standards.

Who Qualifies for the 1%?

The only students who should be placed in the 1% are those with the most significant cognitive disabilities. This is a high bar and a determination made by the IEP team using specific state guidelines and evaluation data.

If a student does not have a significant cognitive disability, they should be taking the general state assessments, even if they require extensive accommodations.

The Problem: When Schools Exceed the Cap

While the 1% is a state-level cap, local districts can exceed it. However, if a district exceeds the cap, they are required to justify why and provide assurances that they followed state guidelines for participation. States that consistently exceed the cap can face consequences from the U.S. Department of Education, including conditions placed on federal funding.

This creates a strong incentive for schools to ensure only eligible students are placed on the GAA track.

Why You Must Advocate for Your Child

Schools sometimes place students on the GAA track without sufficient data or due to a lack of resources in the general education setting. This is why parent advocacy is so important.

• Data is Key: The decision for a child to participate in the GAA must be driven by data from a comprehensive evaluation that proves a "significant cognitive disability," not just observations or convenience.

• Diploma at Stake: Participation in the GAA usually leads to a certificate of completion, not a standard high school diploma, significantly impacting future opportunities.

• Your Disagreement Matters: The law requires the IEP team to ensure a student is not inappropriately included in an alternate assessment if it does not meet their individual needs. If you disagree with the placement, you have the right to challenge it and request an Independent Educational Evaluation (IEE) at public expense.

Be aware of the 1% cap and your rights. Ensure your child is on the right assessment track to achieve their highest potential and earn a standard high school diploma.

Disclaimer: This blog post is for informational purposes only. It does not constitute legal advice. Families with concerns about their child's special education services should consult with a qualified attorney or advocate.

Spectrum Project 360 is a non-attorney practice and we do not provide legal advice.