Special Education

Justification for Exceeding 1.0 Percent State-level Cap on New York State Alternate Assessment (NYSAA) Participation and Assurance of Participation in Tier 1 Universal Technical Assistance and Supports (2018-19 NYSAA Participation Data)

Participation Rates by District

The Every Student Succeeds Act (ESSA) places a state-level cap on the total number of students with significant cognitive disabilities who are assessed with an alternate assessment to 1.0 percent of the total number of students in the state who are assessed in the subject. States may not prohibit a local educational agency (LEA) from assessing more than 1.0 percent of its assessed students with an alternate assessment. However, states must require LEAs that assess more than 1.0 percent of their assessed students in any subject with an alternate assessment to submit information to the state justifying the need to exceed the 1.0 percent threshold.

All local educational agencies  (LEAs) (i.e., public school districts, Charter Schools and Special Act School Districts) must review their 2018-2019 NYSAA participation data Microsoft Excel to determine if they exceed the 1.0 percent State-level cap under the Every Student Succeeds Act (ESSA) on the percentage of students who may be assessed with an alternate assessment aligned with alternate academic achievement standards (i.e., NYSAA in New York State).  LEAs that exceed 1.0 percent participation in one or more subject area(s) in the NYSAA are indicated in red.

Consistent with the requirements of ESSA,  an LEA exceeding 1.0 percent must provide information justifying the need to assess more than 1.0 percent of its students with the NYSAA through the Justification for Exceeding 1.0 Percent State-level Cap on New York State Alternate Assessment (NYSAA) Participation and Assurance of Participation in Tier 1 Universal Technical Assistance and Supports (2018-19 NYSAA Participation Data) form in the IRS Data Exchange (IDEx) (or “NYSAA Justification and Assurance for 2018-19 Data form”).  IDEx is accessed through the NYSED Application Business Portal.

Additionally, all LEAs whose 2018-2019 NYSAA participation data exceeded the 1.0 percent State-level cap are required to participate in the Tier 1 Universal Technical Assistance and Supports activities described in Section II of the NYSAA Justification and Assurance for 2018-19 Data form, including:

Additional information on how NYSAA participation data was calculated can be found in the informational one-pager at: How The New York State Alternate Assessment (NYSAA) 1.0 Percent Participation Rate is Calculated Microsoft Excel

The completed NYSAA Justification and Assurance for 2018-19 Data form must be submitted via IDEx no later than June 18, 2021.  Information on accessing IDEx can be found in the IRS Data Exchange (IDEx) Guidance for LEAs and BOCES Microsoft Excel and in the informational one-pager IRS Data Exchange (IDEx) Guidance Microsoft Excel.  Rights to the Special Education PD Data System must be delegated to staff accessing the IDEx NYSAA Justification and Assurance for 2018-19 Data form. Superintendents and Charter School Leaders are responsible for delegating access to the PD Data System to appropriate staff through the State Education Department Delegated Account System (SEDDAS).  Additional information can be found on the SEDDAS webpage.

In accordance with ESSA, NYSED will review and make publicly available all justifications received. LEAs submitting a justification are subject to further review and oversight by NYSED.

Additional information on the ESSA requirements relating to the 1.0 percent NYSAA State-level cap, including links to the activities required under Tier 1, can be found on OSE’s NYSAA webpage.

Questions relating to the 1.0 percent NYSAA State-level cap and the NYSAA Justification and Assurance for 2018-19 Data form may be directed to the OSE Policy Unit at speced@nysed.gov. Questions regarding the NYSAA participation data or about IDEx may be directed to Office of Information and Reporting Services at datasupport@nysed.gov.

Last Updated: March 22, 2021