2009-10 Application for Exception to the One Percent CAP
January 2010
TO: Public School Districts, Charter Schools and Special Act School District
FROM: James P. DeLorenzo
Attached is the application by which local educational agencies (LEAs) may request an exception from the New York State Education Department (NYSED) to exceed the 1.0 percent cap in counting as proficient and advanced for accountability purposes, during the 2009-10 school year, the scores of students with the most significant cognitive disabilities based on alternate academic achievement standards. Only LEAs, including Charter Schools and Special Act School Districts, that are subject to accountability under the No Child Left Behind Act (NCLB) and that are able to document extraordinary circumstances should submit this application.
In 2009–10, every LEA is automatically allowed to have one student counted as proficient or above on the New York State Alternate Assessment (NYSAA) in grades 3 through 8 combined or in the 2006 cohort, even if that one student would cause the LEA to exceed the 1.0 percent cap. These LEAs do not need to complete this exception application. In addition, LEAs that were approved in 2008-09 for both 2008-09 and 2009-10 do not need to reapply.
Completed applications must be received by April 1, 2010 for consideration of exceptions for the 2009–10 school year. Questions regarding this application may be directed to vesidcar@nysed.gov or Cynthia Wilson in the Office of Vocational and Educational Services for Individuals with Disabilities (VESID), Special Education Policy at 518-473-2878.
c: District Superintendents