This new report reviews the history of alternate assessments and the federal cap on state-level student participation rates. A Historical Review of Alternate Assessment and 1% Cap (NCEO Report 450) traces federal legislation, regulations, and Department of Education guidance from 1994 to 2025. This historical review includes a detailed account of how alternate assessments for students with the most significant cognitive disabilities have been developed, refined, and regulated over time. During that time, federal guidance to states called for the inclusion of all students, including those with the most significant cognitive disabilities, in state accountability systems. It also called for appropriate standards and oversight.
Besides the policy history of alternate assessment, this report describes the ways in which states have responded through evolving practices, waivers, and compliance strategies. From the initial framework established by the Improving America’s Schools Act of 1994 and the Individuals with Disabilities Education Act of 1997, federal initiatives have increasingly emphasized the participation of all students, accountability, and oversight. The 1.0 percent cap on participation in alternate assessments emerged as part of this broader effort to maintain high expectations while ensuring that only the intended group of students is assessed with alternate academic achievement standards. We also provide a list of resources, many of which were developed by NCEO, that can help educators implement the federal requirements of the 1.0 percent cap.

