Appeals, Safety Nets, and Superintendent Determination
All New York State students are eligible to appeal a lower score on a Regents examination if they meet the following criteria:
- have taken the Regents examination under appeal at least two times;
- have at least one score on the Regents examination under appeal within the point range appropriate for the appeal:
|All student appeal||60-64|
|English language learners seeking appeals in ELA only *||55-59|
|Students with disabilities eligible for the low-pass safety net||52-54|
- have taken advantage of academic help provided by the school in the subject tested by the Regents examination under appeal;
- have passed the course for which the appeal is being sought; and
- have been recommended for an exemption to the graduation requirement by the student’s teacher or Department chairperson in the subject of the Regents examination under appeal.
* Note: In order to be eligible for the Local Diploma via Appeal for English Language Learners, the student must have entered the United States in high school (grade 9 or after) and must still be identified as an English Language Learner during the 2nd attempt at passing the English Regents exam.
Appeal resources include:
- Appeal to Graduate with a Lower Score on a Regents Exam, March 2018
- includes information, appeal form (maintained by school), and summary form (returned to SED)
- Appeal to Graduate with a Lower Score on a Regents Exam: Frequently Asked Questions, April 2016
- Field Memo: Appeal to Graduate with a Lower Score on a Regents Exam, April 2017
- Field Memo: Changes to the Commissioner’s Regulations Part 100.5(d)(7) Governing the Appeal to Graduate with a Lower Score on a Regents Examination, April 2016
Students with disabilities have three safety net options available to support acquisition of the local diploma. Safety net options include:
- Low Pass Safety Net
- Under this safety net, a score of 55-64 constitutes a passing score on a required Regents exam.
- Low Pass Safety Net with Appeal
- Under this option, students with disabilities may appeal up to two Regents exam scores of 52-54.
- Compensatory Safety Net
- This option enables students to compensate a Regents exam score of 65 or above for a Regents exam score between 45 and 54. Each high score may compensate for a low score. This option only applies to lower scores on Regents exams in social studies and science. Students must earn at least a 55 (or be granted an appeal in the range of 52-54) on their English language arts and mathematics Regents exams.
|Required Regents Exam or Pathway||Score|
|English Language Arts||60|
|CDOS Commencement Credential||earned|
Rationale: This student can use the compensatory safety net option. The student earned scores of 55 or above on both English Language Arts and Algebra I (mathematics) Regents exams. The student’s score of 70 in Living Environment compensates for the lower score of 46 in US History.
Safety Net resources include:
- Table: Safety Net Options Available to Students with Disabilities to Graduate with a Local Diploma, updated October 2019
- Questions and Answers – Compensatory Option Safety Net, updated January 2017
- Special Education Field Advisory: Safety Net for Students with Disabilities (Compensatory Option), November 2012
Students with a disability who are unable to attain a local diploma through the various safety net provisions may be eligible for a Superintendent Determination of a local diploma.
Superintendent Determination resources include:
- Superintendent Determination Option for Graduation with a Local Diploma, updated August 2018
- Superintendent Determination Option for Graduation with a Local Diploma: Question and Answers, updated August 2018
- Form (to be returned to NYSED): Superintendent Determination for Graduation with a Local Diploma, updated January 2018
- Sample Form: Parent Request for Superintendent Determination for Graduation with a Local Diploma