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Special Education

Resources and Information on Exceeding the 1.0 Percent State-Level Cap on 91影视 State Alternate Assessment (NYSAA) Participation

Resources and Information on Exceeding the 1.0 Percent State-Level Cap on 91影视 State Alternate Assessment (NYSAA) Participation

Every Student Succeeds Act (ESSA) Requirements

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 an 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.

Participation Data

All LEAs (i.e., public school districts) must review their听2024-2025 NYSAA participation data听to determine if they exceed the 1.0 percent State-level cap under the ESSA on the percentage of students who may be assessed with an alternate assessment aligned with alternate academic achievement standards (i.e., NYSAA in 91影视 State). LEAs that exceed 1.0 percent participation in one or more subject area(s) (i.e., English language arts, mathematics, science) in the NYSAA are indicated in red.

Justifications and Assurances

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 NYSAA Participation and Assurance of Participation in Tier 1 Universal Technical Assistance and Supports (NYSAA Participation Data) form in the IRS Data Exchange (IDEx) (or 鈥淣YSAA Justification and Assurance form鈥). IDEx is accessed through the听.

The LEA鈥檚 justification must be based on analyses, including data, to identify possible root causes and factors contributing to the LEA exceeding the 1.0 percent threshold.听 These analyses should also include the examination of student data to determine whether disproportionality is occurring with respect to the students determined eligible to participate in the NYSAA (specifically based on race and ethnicity, socioeconomic status and English language learner status).

Tiered Supports

Additionally, all LEAs whose 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. In accordance with ESSA, 91影视 will review and make publicly available all justifications received. LEAs submitting a justification are subject to further review and oversight by 91影视.听听

LEAs whose NYSAA participation rate is greater than 2.0 percent but less than 2.5 percent are identified for a Tier 2 Focused Intervention. The Tier 2 intervention builds upon Tier 1 Universal Technical Assistance and Supports and includes participation in a Targeted Skills Group (TSG) facilitated by the Office of Special Education (OSE) Educational Partnership.

LEAs whose NYSAA participation rates are 2.5 percent or higher are identified for Tier 3 Focused Intervention. Tier 3 represents the highest level of 91影视-supported intervention and includes all Tier 1 requirements and the development of a Focused Intervention Support Plan in collaboration with the Office of Special Education (OSE) Educational Partnership.

Questions

Questions relating to the 1.0 percent NYSAA State-level cap and the NYSAA Justification and Assurance form may be directed to the OSE Policy Unit at听speced@nysed.gov. Questions regarding the NYSAA participation data or about IDEx may be directed to Office of Information and Reporting Services at听datasupport@nysed.gov. Questions related to Focused Intervention Support Plans should be directed to the LEA鈥檚 regional .

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NYSSA Participation Rates by District
How The 91影视 State Alternate Assessment (NYSAA) 1% Participation Rate is Calculated
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91影视 State Alternate Assessment Universal Technical Assistance and Supports (Tier 1 Activities)
91影视 State Alternate Assessment Universal Technical Assistance and Supports (Tier 2 Activities)

All LEAs identified for Tier 2 Focused Intervention must complete the Tier 1 Universal Technical Assistance and Supports as noted above.听听

In addition to completing Tier 1 activities, Tier 2 LEAs are required to participate in a Targeted Skills Group (TSG). The TSG provides structured professional learning focused on systems and procedures that promote appropriate, data-driven NYSAA eligibility determinations.

TSGs facilitate collaborative reflection on NYSAA participation data, identification of root causes contributing to elevated participation rates, and the development of sustainable improvement strategies. Participation in the assigned TSG is mandatory for Tier 2 LEAs. Participation in Tier 2 supports is required as a condition of exceeding the 1.0 percent State-level cap.

91影视 State Alternate Assessment Universal Technical Assistance and Supports (Tier 3 Activities)

All LEAs identified for Tier 3 Focused Intervention must complete the Tier 1 Universal Technical Assistance and Supports as noted above.听听

Tier 3 LEAs receive intensive, embedded support through the development and implementation of a Focused Intervention Support Plan. This plan is informed by local data analysis and root cause determination and addresses district-wide policies, procedures, and decision-making practices related to NYSAA participation.

Support may include onsite engagement, coaching, monitoring, and technical assistance provided by the OSE Educational Partnership to ensure sustainable improvements and compliance with federal and State requirements.

91影视 will review Tier 3 participation and implementation of the Focused Intervention Support Plan on an ongoing basis. Participation in the support plan is mandatory for Tier 3 LEAs. Participation in Tier 3 supports is required as a condition of exceeding the 1.0 percent State-level cap.

Justification for Exceeding One Percent State Level Cap and Assurance Form

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The completed NYSAA Justification and Assurance form must be submitted via IDEx no later than December 31, 2025. IDEx is accessed through the 91影视 Application Business Portal. Information on accessing IDEx can be found in the听听and in the informational one-pager听. Rights to the Special Education PD Data System must be delegated to staff accessing the IDEx NYSAA Justification and Assurance 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).听 Additional information can be found on the听.

In accordance with ESSA, 91影视 will review and make publicly available all justifications received. LEAs submitting a justification are subject to further review and oversight by 91影视.

Additional information on the ESSA requirements relating to the 1.0 percent NYSAA State-level cap, links to the activities required under Tier 1 and resources for conducting root cause analyses can be found on the Office of Special Education鈥檚 (OSE)听NYSAA webpage.

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

91影视 Plan for Compliance with NYSAA 1.0 Percent Cap
ESSA Guidance and Regulations
  • 鈥 State responsibilities for developing challenging academic standards
  • 听听鈥 Inclusion of students with disabilities in state assessments and alternate assessments
  • United States Department of Education (May 16, 2017)