From 34 CFR 200.6(c)(3):  Alternate assessments aligned with alternate academic achievement standards for students with the most significant cognitive disabilities.

(3) A State must -

     (i) Not prohibit an LEA from assessing more than 1.0 percent of its assessed students in any subject for which assessments are administered under §200.2(a)(1) with an alternate assessment aligned with alternate academic achievement standards;

    (ii) Require that an LEA submit information justifying the need of the LEA to assess more than 1.0 percent of its assessed students in any such subject with  such an alternate assessment;

    (iii) Provide appropriate oversight, as determined by the State, of an LEA that is required to submit information to the State; and

    (iv) Make the information submitted by an LEA under paragraph (c)(3)(ii) of this section publicly available, provided that such information does not reveal personally identifiable information about an individual student.

Justifications from LEAs are available upon request.  Contact Becky Bell from the DESE Office of Special Education to obtain justifications received from LEAs.